- active implantable medical device
has the meaning given by Article 1.2(c) of Council Directive 90/385/EEC on the approximation of laws of the Member States relating to active implantable medical devices.
- agricultural or forestry tractor
has the meaning given by Article 1 of Council Directive 75/322/EEC on the approximation of the laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to wheeled agricultural or forestry tractors, as amended by Article 1 of Council Directive 82/890/EEC amending the Directives on the approximation of the laws of the Member States relating to wheeled agricultural or forestry tractors.
- amateur service
has the meaning given by Article 1, definition 53, of the 1990 edition of the Radio Regulations annexed to the International Telecommunication Convention 1982 pursuant to Articles 43 and 83 of that Convention;
- authorised representative
means a person established within the Community appointed by the manufacturer (whether or not established in the Community) to act on his behalf in fulfilling his obligations under the EMC Directive;
- available commercially
means manufactured in the course of a business of manufacture of relevant apparatus.
- business
includes a profession and an undertaking, and a supply in the course of a business includes any supply by a business;
- consumer
includes an industrial or commercial consumer;
- educational electronic equipment
means apparatus designed or adapted for the purpose of its being studied for electromagnetic phenomena in any educational, training or research establishment.
- electrical energy meter
means any new direct connected induction meter, with single or multiple tariffs, designed to measure active energy single-phase or polyphase current at 50 H3 frequency mentioned or referred to in Article 2 of Council Directive 76/891/EEC on the approximation of the laws of the Member States relating to electrical energy meters.
- electromagnetic disturbance
means, subject to paragraphs (2) to (6) below, any electromagnetic phenomenon which is liable to degrade the performance of relevant apparatus.
- end user
means the consumer and, where the manufacturer makes apparatus for his own use, such manufacturer who first uses electrical apparatus for the purpose for which it is designed, but excludes a manufacturer who uses the apparatus by incorporating it into other apparatus;
- examine
includes, where a UK notified body considers appropriate, the dis-assembly of apparatus;
- excluded installation
means two or more combined items of relevant apparatus or systems put together at a given place (whether or not in combination with any other item) to fulfil a specific objective but not designed by the manufacturer (or manufacturers, where the items are made by different manufacturers) for supply as a single functional unit.
- immunity
means immunity to electromagnetic disturbance;
- in vitro diagnostic device
means any device which is a reagent, reagent product, kit, instrument, equipment or system, whether used alone or in combination, intended by the manufacturer to be used solely or principally in vitro for the examination of substances derived from the human body with a view to providing information for the detection, diagnosis, control or treatment of a physiological state, of a state of health or disease, or of a congenital abnormality.
- kit
means a collection of all or substantially all the necessary components, for supply as a single commercial unit, required for the construction of an item of electrical apparatus and intended for such use, whether or not accompanied by instructions;
- manufacture
means manufacture in the course of a business, and includes— (a) assembly;
- medical device
means any instrument, apparatus, appliance, material or other article, including software, whether used alone or in combination, intended by the manufacturer to be used for human beings solely or principally for the purpose of— and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, but which may be assisted in its function by such means, but excluding— and in this definition, “in vitro diagnostic device ” means any device which is a reagent, reagent product, kit, instrument, equipment or system, whether used alone or in combination, intended by the manufacturer to be used solely or principally in vitro for the examination of substances derived from the human body with a view to providing information for the detection, diagnosis, control or treatment of a physiological state, of a state of health or disease, or of a congenital abnormality.
- military equipment
means apparatus which is designed for use as arms, munitions and war material within the meaning of Article 223.1(b) of the Treaty establishing the European Economic Community (notwithstanding that it may be capable of other applications), but does not include apparatus which is designed both for such use and for other applications.
- non-automatic weighing instrument
has the meaning given by the second indent of Article 1.1 read in conjunction with Article 1.2(a) of Council Directive 90/384/EEC on the harmonization of the laws of the Member States relating to non-automatic weighing instruments.
- notification
means a notification in writing;
- protection requirements
has the meaning given by regulation 5 below;
- publicised information
means any information which has been disclosed in any civil or criminal proceedings;
- radio amateur apparatus
means wireless telegraphy apparatus designed or adapted for use in the amateur service, but excludes citizen’s band apparatus, and in this definition— (a) “amateur service ” has the meaning given by Article 1, definition 53, of the 1990 edition of the Radio Regulations annexed to the International Telecommunication Convention 1982 pursuant to Articles 43 and 83 of that Convention;
- radio frequency spectrum
means that part of the electromagnetic spectrum at frequencies not exceeding 3,000 GHz;
- radiocommunication transmission apparatus
has the meaning given by regulation 59(2) below;
- relevant person
means— (a) a Minister of the Crown, Government department or Northern Ireland department;
- second-hand apparatus
means apparatus which has previously been used by an end user.
- spare part
means a component or combination of components intended for use in replacing parts of electrical apparatus.
- sufficient space
means a space no greater in size than is reasonably necessary having regard to all the circumstances, to enable the disturbance permissible apparatus to be so operated or so subjected, and, without prejudice to the generality of the foregoing, having regard in particular to the steps which might reasonably be taken to insulate the site at which the disturbance permissible apparatus is being used against the escape of emissions therefrom;
- supply
means the first making available of relevant apparatus for a consumer in the Community including, without limiting the generality of the foregoing, offering to supply, agreeing to supply, exposing for supply and possessing for supply such apparatus, and cognate expressions shall be construed accordingly;
- system
means an item of equipment, or a combination of items of equipment, containing— (a) electrical components;
- telecommunications terminal equipment
means terminal equipment within the meaning of Article 1.2, as qualified by Article 1.3, of the Telecommunications Terminal Equipment Directive in respect of which a common technical regulation is in force pursuant to Article 6.2 of that Directive;
- Telecommunications Terminal Equipment Directive
means Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity;
- test apparatus
means relevant apparatus designed or adapted to generate or be susceptible to electromagnetic disturbance intentionally for the purpose of conducting any test or measurement in relation to—
- the 1949 Act
means the Wireless Telegraphy Act 1949;
- the 1984 Act
means the Telecommunications Act 1984;
- the 1990 Act
means the Broadcasting Act 1990;
- the Commission
means the Commission of the European Communities;
- the Community
means the European Economic Community;
- the EMC Directive
means Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility, as amended by—
- vehicle
has the meaning given by Article 1 of Council Directive 72/245/EEC on the approximation of laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to motor vehicles.