S.L. 427.41 Art. 39DPresumption of conformity based on standards and common specifications.

(1) Without prejudice to regulation 16, radio equipment which is in conformity with the standards or common specifications referred to in Regulation (EU) No 1025/2012 of the European

Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/

15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council shall be presumed to be in conformity with the relevant essential requirements provided for in regulation 4 which are covered by those standards, common specifications, or parts thereof.

(2) From the day following the expiry or deactivation of the internal market emergency mode, it shall no longer be possible for manufacturers to rely on the presumption of conformity provided by the standards, or the common specifications referred to in sub-regulation (1).

(3) By way of derogation from regulation 39A(3), unless there is sufficient reason to believe that the radio equipment covered by the standards or common specifications referred to in sub-regulation (1) presents a risk to the health or safety of persons, the radio equipment which is in conformity with those standards or common specifications and which has been placed on the market, shall be deemed to be in conformity with the relevant essential requirements provided for in regulation 4 after the expiry or deactivation of the internal market emergency mode.