This session will discuss enforcement of the EMC controls in the UK. The change to the EMC Directive and consequently the UK implementing regulations comes at an interesting time for Trading Standards officers. The current mantra from Government, through its Better Regulation Initiative, is that Trading Standards officers should adopt a light touch enforcement style and ensure that business is not overly burdened by bureaucratic red tape. The goal is an environment where inspection is performed according to risk, regulatory requirements are clear and compliance is easy: An approach most Trading Standards services already employ. In contrast, the new regulations, while extending the process of self-certification will introduce more meticulous documentation requirements. In the case of Fixed Installations, the means of achieving and demonstrating compliance presents an interesting test. In general, the Business community continues to look for visible enforcement of the EMC rules, yet with local government in a funding crisis and existing central government funding mechanisms that do not allow targeted funding, trading standards services are struggling to fulfil their statutory duties. Consequently, given the lack of complaints of unfair competition, market surveillance is infrequent, the existing regime is becoming inadequate, and change is needed. Without change, market surveillance will consist of well meaning officers investigating complaints that they do not understand and may not have the capacity to rectify regulatory breaches. That cannot be acceptable to anyone, but the rogue. The challenge for trading standards officers is to meet these demands and ensure that the EMC legislation is applied sensibly and that compliance is achieved without having to resort to legal action.
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