The EMC Directive - 89/336/EEC, A Brief Summary

This section refers to the consolidated text of the EMC Directive 89/336/EEC (as amended)

Preamble

In the Preamble, the Commission recognises the following points in the decision to adopt the Directive:

  1. It is necessary to adopt measures which will eventually establish an internal market (within the EU) which has no internal frontiers which would restrict the free movement of goods between Member States.
  2. Member States are responsible for providing protection for radio communications and for the devices, apparatus and systems which may be affected by electromagnetic disturbances.
  3. Member States are responsible for the protection of electricity supply networks and the equipment they power from electromagnetic disturbances.
  4. In addition to the protection of telecommunications networks due to Directive 86/361/EEC, there is still a need to protect them from signals emitted accidentally by equipment connected to them.
  5. Because some Member States have different levels of protection to others, there is a hindrance to trade from the disparity.
  6. In order to combat the disparity and so remove the hindrance to trade, the national provisions for emissions from and immunity to electromagnetic disturbances must be harmonised.
  7. That the need exists to introduce harmonised requirements throughout the Community which will replace current National requirements and so remove trade barriers resulting from disparities in current laws regarding the protection from electromagnetic disturbances.
  8. Accepting that this Directive covers only Electromagnetic Compatibility, it is still necessary to have harmonised standards which can be used to demonstrate the protection requirements. The Commission have appointed CENELEC as the competent body for the adoption of harmonised standards.
  9. That it is necessary to accept the free movement of goods compliant with national provisions for a period of time until the harmonised standards can be adopted.
  10. That a simple document referred to as the EC Declaration of Conformity is required which constitutes a presumption of conformity to the Directive.
  11. That there is a need to introduce a harmonised system of identifying equipment that conforms to the Directive either with marks or a certificate of conformity.
  12. That there is a need to introduce a system to reduce the possibility of equipment disturbing radio communications and telecommunications and so causing a hazard.
  13. Because the Directive also applies to electrical household appliances, portable tools and similar equipment and fluorescent lighting luminaires fitted with starters, which are covered by Directives 76/889/EEC and 76/890/EEC, these two Directives should be repealed.

Article 1 - Definitions

Definitions are presented for 'apparatus' (Article 1(1)), 'electromagnetic disturbance' (Article 1(2)), 'immunity' (Article 1(3)), 'electromagnetic compatibility' (Article 1(4)), 'competent body' (Article 1(5)) and 'EC type-examination certificate' (Article 1(6)).

Although useful and important, there are some terms used in the Directive which are not defined sufficiently well and have been left to the Guidelines document for clarification. Such terms are 'components', 'installations' and 'systems'.

Article 2 - Scope

Article 2(1) states that the Directive applies to apparatus liable to cause or be affected by electromagnetic disturbances and that it defines the protection requirements and inspection procedures relating to such apparatus.

Article 2(2) states that certain types of apparatus shall be excluded from the scope of this Directive when Directives applicable to those specific types of apparatus come into force.

Apparatus so excluded, being covered by other Directives is as follows:

Article 2(3) excludes amateur radio equipment from the Directive unless it is available commercially, either in fully assembled form or in kit form. Note that commercial kits must meet the requirements when assembled in accordance with instructions supplied with the kit. Testing is not required by the assembler of the kit as the manufacturer is responsible for all testing on samples and for CE Marking the kit.

Article 3 - Responsibilities of Member States

This Article states that Member states shall take measures to ensure that all relevant apparatus (from Article 2 noting exclusions) shall be CE marked as required by Article 10.

Article 4 - Essential Protection Requirements

This Article states that relevant apparatus (Article 2) shall be so constructed that other apparatus, radio and telecommunications equipment can operate as intended and can itself operate as intended in the presence of external electromagnetic disturbances. Reference is made to the principal protection requirements of Annex III which refers to compliance with the harmonised standards of Article 7.

Article 5 - Free Movement of Goods

This Article states that Member states must not impede the placing on the market of apparatus conforming to the requirements of this Directive.

Article 6 - Special Measures

Article 6(1) allows Member states to introduce special measures applied to a piece of apparatus over and above the requirements of the Directive to overcome a specific set of circumstances relating to EMC and/or the protection of the public telecommunications network or receiving and transmitting stations used for safety purposes.

Article 6(2) mandates the member state to advise the Commission and other Member states of such measures.

Article 6(3) mandates the Commission to publish any justified special measures to be published in the OJ.

So far, no such special measures have been notified to the Commission.

Article 7 - Presumption of Conformity

Article 7(1) covers the presumption of conformity with Article 4 by the application of relevant national standards transposing harmonised standards that have been identified in the OJ or relevant national standards which will be identified in the OJ.

Article 7(2) covers the requirement for Member states to communicate the texts of national Standards to the Commission where they are a substitute for transposed harmonised standards.

So far, no national standards have been notified to the Commission.

Article 7(3) covers the presumption of conformity where a manufacturer has followed the TCF route of Article 10(2).

Article 8 - Standards Not Satisfying the Requirements

Article 8 covers the procedure to be followed if it is found that a national standard transposing a harmonised standard does not adequately fulfil the protection requirements of Article 4 of the Directive.

So far, no examples have been published where harmonised standards are not considered to satisfy the requirements.

Article 9 - The Safeguard Clause

Article 9 covers the procedure to be followed if apparatus certified according to Article 10 does not meet the protection requirements of Article 4, either because the standards have not been met, the standards have been applied incorrectly or there are shortcomings in the standards themselves. Member states are able to take action against non-conforming products even when the manufacturer has applied the measures of Article 7 to establish presumption of conformity. Article 9 reinforces that conformance with the protection requirements of Article 4 is paramount and not restricted to the choice of standard(s) alone.

Article 10 - Demonstration of Conformity

Article 10(1) deals with the case where a manufacturer has applied harmonised standards as in Article 7(1). The manufacturer must issue an EC declaration of conformity and make it available for ten years after placing the apparatus on the market. This article also covers the requirements for CE marking and measures to be taken to prevent misleading markings as to the conformity of apparatus to the Directive.

Article 10(2) deals with the case where a manufacturer has not used or has used only in part the harmonised standards of Article 7(1), and must therefore produce a Technical Construction File (TCF). The Article covers the requirements for the TCF.

Article 10(3) - Deleted by Directive 92/31/EEC (Extending the transition period of Directive 89/336/EEC)

Article 10(4) - Deleted by Directive 91/263/EEC (Telecommunication Terminal Equipment Directive)

Article 10(5) deals with the conformity of apparatus designed for the transmission of radio communications where EC type examination is required. Radio Amateur equipment is of course excluded as is Satellite Earth Station equipment and Telecommunications Terminal Equipment, covered by Directives 93/97/EEC and 91/263/EEC respectively. Radio Communication equipment and Telecommunications Terminal Equipment have now been combined under the R&TTE Directive 1999/5/EC and such apparatus is effectively removed from the EMC Directive. The protection requirements of the EMC Directive still apply to apparatus falling within the scope of the R&TTE Directive.

Article 10(6) covers the notification to the Commission and to Member states details of the Competent Authority (the DTI) and Notified Bodies.

Article 10(7) covers the cases where CE marking has been applied incorrectly. In essence, if it is discovered that a CE mark has been unduly applied to apparatus, the apparatus in question must either be made to comply or be withdrawn from the market until compliance is achieved.

Article 11 - Repeal of Existing Directives

Two existing Directives were repealed from 1 January 1996. These were:

  1. Directive 76/889/EEC - Household Electrical Appliances and Portable Tools, as amended by Directives 82/499/EEC, 83/447/EEC and 87/308/EEC.
  2. Directive 76/890/EEC - Fluorescent Lamps and Luminaires, as amended by 82/500/EEC, 83/447/EEC and 87/310/EEC.

Article 12 - On Implementation

The Directive was originally intended to apply from 1 January 1992 but was delayed by Member States not implementing the Directive in their national legislation. The initial delays were partly due to a shortage of harmonised standards. Directive 92/31/EEC modified Article 12 to include a transition period which ended on 31 December 1995.

Annex I - EC Declaration and Conformity Marking

Annex 1(1) gives details of the minimum requirements for the content of the EC declaration of conformity.

Annex 1(2) gives details of the requirements for fixing the CE Mark including scaling dimensions for the mark itself.

Annex II - Criteria for the Assessment of Notified Bodies

This annex sets out the minimum conditions required for a body to be notified by a Member State.

Annex III - On Principal Protection Requirements

This annex sets out a list of apparatus whose use must not be hindered by electromagnetic disturbances generated by apparatus covered by the protection requirements of the EMC Directive.

The consolidated text of the EMC Directive 89/336/EEC with all the amendments can be found by following this link.

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Page last updated 28 October 2007