§ Mr. GillTo ask the President of the Board of Trade what penalties exist in each member state of the European Union for non-compliance with the electro magnetic compatibility directive. [13500]
§ Mr. Ian TaylorMy Department does not hold information concerning the penalties in all of the member states for non-compliance with the
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Article 54 investment loans 1990 1991 1992 1993 1994 ECU £ ECU £ ECU £ ECU £ ECU £ Cleveland 12,842 9,000 86,164 60,000 — — — — — — Clwyd 31,630 22,000 17,266 12,000 — — — — — — Cumbria 25,878 18,000 57,112 40,000 — — — — — — Derbyshire 75,818 53,000 77,398 54,000 — — — — — — electromagnetic compatibility directive. Other member states will have taken such steps as they felt appropriate to ensure compliance with the directive. In a communication of 3 May 1995, the Commission, reflecting the common view of Community institutions, noted that national penalty arrangements should be effective, proportionate and dissuasive. The Council resolution of 21 June 1995 encouraged the Commission to ensure that penalties introduced by member states to ensure compliance meet these criteria. My Department will monitor the situation.
Protecting electrical and electronic equipment from electromagnetic interference is important and, under the electromagnetic compatibility regulations, as amended, the United Kingdom enforcement authorities may issue a suspension notice or a prohibition notice to secure compliance or prosecute for offences which could lead to fines on summary conviction of up to £5,000 or to imprisonment for a term not exceeding three months or to both. Except in the case of CE-marked apparatus found not to comply with EMC protection requirements, before seeking prosecution enforcement authorities must first send a compliance notice, to which no penalties attach so long as compliance follows within a reasonable period.