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the making
this Statutory Instrument was published in “Iris Oifigiúil”
30th March, 2016. The Minister for Jobs, Enterprise and Innovation, in exercise
the powers conferred on him by section 3
the European Communities Act 1972 (No. 27
1972), and for the purpose
giving effect to Directive 2014/30/EU
the European Parliament and
the Council
26 February 20141 , hereby make the following regulations: Citation and commencement 1.
the European Parliament and
the Council
26 February 2014 on the harmonisation
the laws
the Member States relating to electromagnetic compatibility (recast)1; “market surveillance authority” has the meaning assigned to it by Regulation (EC) No. 765/2008; “notifying authority” means the Regulator designated under Regulation 5; “notified body” means a body— (a) which has been notified in accordance with these Regulations, and (b) in respect
which, pursuant to that notification, Regulation 10
the European Parliament and
the Council
9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing
products and repealing Regulation (EEC) No. 339/932 ; “Regulations
2007” means the European Communities (Electromagnetic Compatibility) Regulations 2007 ( S.I. No. 109
2007 ); “Regulator” means the Commission for Communications Regulation.
the Directive.
the Directive. Notification
bodies authorised to carry out third-party conformity assessment tasks 4. The Regulator shall notify the Commission and other Member States
bodies authorised to carry out third-party conformity assessment tasks under the Directive. Designation
Regulator as notifying authority 5.
the Directive.
conformity assessment bodies, and (ii) the monitoring
notified bodies, including the monitoring
compliance by a notified body with Regulation 8, and (b) carry out the procedures referred to in subparagraph (a). Information obligation
Regulator 6. The Regulator shall inform the Commission
its procedures for the assessment and notification
conformity assessment bodies and the monitoring
notified bodies and
any changes to those procedures. Requirements for notified bodies 7.
the Directive for the purposes
notification.
paragraph
the Directive,
compliance with the requirements laid down in paragraphs
the Directive, shall apply— (a) where, as required by Article 25
the Directive, a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards, or parts
such standards, referred to in that Article, and (b) in so far as the applicable harmonised standards, referred to in subparagraph (a), cover those requirements. Subsidiaries
, and subcontracting by, notified bodies 8. Where a notified body subcontracts specific tasks connected with conformity assessment, or has recourse to a subsidiary, the notified body shall comply with Article 26
the Directive. Application for notification 9.
the Directive.
an application for notification referred to in paragraph
the Directive, the accreditation certificate that is to accompany the application may be an accreditation certificate issued by the Irish National Accreditation Board.
an application referred to in paragraph
the Directive, the Regulator may notify that conformity assessment body.
the Directive, and (b) shall comply with paragraph
the Directive.
a notified body only where no objections are raised by the Commission or the other Member States within— (a) 2weeks
a notification where an accreditation certificate is used in the notification, or (b) 2months
a notification where accreditation is not used in the notification.
the Directive and these Regulations. Changes to notifications 11.
the Directive, or (b) is failing to fulfil its obligations under these Regulations, the Regulator shall restrict, suspend or withdraw notification, as appropriate, depending on the seriousness
the failure to meet those requirements or fulfil those obligations.
the matters referred to in paragraph
a restriction, suspension or withdrawal
a notification under paragraph
the restriction, suspension or withdrawal, as the case may be,
a notification.
the Regulator to restrict, suspend or withdraw its notification the notified body may appeal the decision to the District Court.
a notification, is made, or (
that notified body are processed by another notified body, or (ii) to keep those files in a manner that will permit the Regulator to have access to them for the performance by it
its functions under these Regulations. Obligation on Regulator for purposes
Directive 12.
the Directive.
its functions under paragraph
notified bodies 13.
— (i) the size
an undertaking, (
complexity
the apparatus technology concerned, and (v) the mass or serial nature
the production process, and (b) in performing its activities pursuant to paragraph (a), shall respect the degree
rigour and the level
protection required for the compliance
the apparatus with the Directive.
the monitoring
conformity following the issue
a certificate, a notified body finds that an apparatus no longer complies, it shall— (
the Regulator referred to in Regulation 11, the economic operator concerned, or as the case may be the notified body concerned, may, within the period
7 days beginning on the day on which the decision is taken or communicated to the economic operator, or as the case may be the notified body, appeal to a judge
the District Court in the District Court District in which the economic operator, or as the case may be the notified body, carries on business against the decision and, in determining the appeal, the judge may— (i) if he or she is satisfied that in the circumstances
the case it is reasonable to do so, confirm the decision, with or without modification, or (ii) direct that the decision be cancelled.
the District Court determining an appeal under paragraph
costs in respect
the appeal as he or she considers appropriate. Information to be provided by notified body 15.
all or any
the following: (a) any refusal, restriction, suspension or withdrawal
a certificate; (b) any circumstances affecting the scope
, or conditions for, notification; (
their notification and any other activity performed, including cross-border activities and subcontracting.
Directive 16.
the Directive.
Part A
Annex III
the Directive. Coordination
notified bodies 17.
a sectoral group
notified bodies that operates pursuant to Article 36
the Directive.
designated representatives. Service
notices 18.
the following ways— (
the notice by electronic means at the address at which the person carries on business or ordinarily resides, by transmitting the text
the notice by such means to such address, provided that the notice is also delivered in any
the other ways referred to in this paragraph, or (e) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises.
land or property and the name
the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.
this Regulation, a company within the meaning
the Companies Act 2014 shall be deemed to be ordinarily resident at its registered
fice, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal
fice or place
business. Status
notification to Commission under 2007 Regulations. 19. Without prejudice to the repeal
Directive 2004/108/EC3 pursuant to Article 45
the Directive on 20 April 2016, nothing in these Regulations shall affect a notification made in respect
a person notified to the Commission under Regulation 14
the Regulations
2007. GIVEN under the
ficial Seal
the Minister for Jobs, Enterprise and Innovation, 23 March 2016. RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation. EXPLANATORY NOTE (This note is not part
the Instrument and does not purport to be a legal interpretation.) The purpose
these Regulations is to give legal effect to Directive 2014/30/EU
the European Parliament and
the Council
26 February 2014 on the harmonisation
the laws
the Member States relating to electromagnetic compatibility (recast). The Regulations transpose the provisions
the Directive in so far as they relate to the notification
conformity assessment bodies. The Regulations, with the exception
Regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, Regulation 14 in so far as it relates to Regulation 13, Regulations 15, 16
the Regulations, come into operation on 20 April
Ireland. Oireachtas Copyright Material is reproduced with the permission
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.