Electrical devices and relevance of EN55022 in considering Mr Prisk's recent statement

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Dear British Standards Institution,

in replying to a letter from Alistair Burt MP representing a member of his constituency, Mr Mark Prisk whilst representing BIS states:-

"
The Regulations do not require products to comply with a standard. The Regulations set objectives and compliance with an appropriate standard provides a presumption of conformity, but they are not mandatory. Therefore the question is whether or not the objectives of the Directive has been adhered to, the question of compliance with EN55022 is irrelevant.
"

Mr Prisk's redacted reply is available here:-

http://www.ban-plt.co.uk/downloads/BIS-L...

if you would like to see the paragraph in context.

As controllers of the standard, can I please ask you to provide:-

1. Any information you hold that ensures that EN55022 is irrelevant and that an electronic product needs to comply with the full standard if they reference it on their Document of Conformity which in turn generates a 'presumption of compliance" for a CE Mark.

2. Any information you hold that ensures that EN55022 is *not* irrelevant and that an electronic product needs not comply this standard if they reference it on their Document of Conformity which in turn generates a 'presumption of compliance" for a CE Mark.

3. Any information about advise BIS sought from your department in composing this response, confirmation that advise was sought or not will do.

4. Any information you hold that describes the enforcement action available to BIS in their Market Surveillance role or to Ofcom in the enforcement role where interference is confirmed to radio by devices claiming compliance with EN55022?

5. Any statement you have already or are about to make on Mr Prisk's statement.

Yours faithfully,

Mark Salter

Knowledge Centre, British Standards Institution

Dear Mark,

Thank you for your enquiry which has been passed to the Knowledge Centre.

Firstly, it is important to note that British Standards are published for voluntary use. Whilst these might support UK legislation and regulation, they have in themselves no regulatory status. Therefore the application of a standard is a contractual matter between the parties concerned, unless mandated by national or European regulation. You would need to agree on your understanding and use of the standard in discussion with the other parties involved, and in light of any relevant legislation.

BSI can assist you with enquiries relating to standards. You will also need to be aware of the relevant national and European legal requirements. You can find further information about UK legislation at http://www.opsi.gov.uk/legislation/about... and European legislation at http://eur-lex.europa.eu/en/index.htm.

Whilst BSI is the UK’s formally recognized National Standards Body, that status only applies in respect of the development and publication of public standards. It does not extend to its activities in the certification and conformity assessment market, which it shares with many competitors. We are therefore not able to comment on the activities of other bodies offering product certification services in the UK or beyond, nor do we have any authority over them.

Most certification and assessment bodies operating in the UK are accredited by the United Kingdom Accreditation Service (UKAS), a body appointed by the UK Government to oversee certification activity by UK based companies. (www.ukas.com)

In relation to BIS, you would need to contact them directly on http://www.bis.gov.uk/contact

I hope this helps.

Kind Regards

Lucy Ahmed
Knowledge Centre Manager
Knowledge Centre
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