A New EMC Directive for Europe

Brian Jones

After 15 years, 4 amendments, and the publication of clarifying guidelines, the original EMC Directive is about to be replaced by a modernized version with many changes.

It has been a long time coming, but the new European directive on electromagnetic compatibility (EMC) is about to be published. The updated version has been given formal approval by the European Union (EU) member state governments and was published in the Official Journal of the European Communities on December 31, 2004, as Directive 2004/108/EC.

The EMC Directive has been completely rewritten. Because it follows the format of more-recent directives, it looks quite different from the original version.¹ The earlier version had, since its 1989 publication, been amended by four directives and explained by European Commission (EC) guidelines published in 1997.^2-6

Although the directive’s protection requirements remain essentially the same, most other aspects have been significantly changed. Changes have been made regarding its scope and application, its essential requirements, and the role and use of harmonized standards. Other areas that have changes include the treatment of fixed installations, conformity assessment procedures, market surveillance, and withdrawal of products from the market. Some new elements represent relaxations of requirements for manufacturers, but others increase the burden of expectations.

This article outlines the significant changes forthcoming with the revised EMC Directive.

Scope of the Directive

The current EMC Directive refers only to “apparatus.” The text of the new version differs from this in referring instead to “equipment,” which is conceptually broken down into apparatus and fixed installations so as to allow different treatment of these two equipment categories.

The scope of the directive has been clarified by the clear exclusion of equipment covered by the Radio & Telecommunication Terminal Equipment Directive and of aircraft (together with equipment to be fitted into aircraft).^7,8 Benign equipment, that which is incapable of creating disturbances that would affect other equipment and is itself immune to electromagnetic disturbances typical of the environment of its intended use, also is now excluded from the scope. Currently, the benign-equipment exclusion is stated only in the 1997 EC guidelines.

A statement added to the new version confirms explicitly that the EMC Directive is not a safety directive.

Components and subassemblies are directly addressed in the new version because they are defined as apparatus in certain circumstances. The 1997 guidelines had attempted to clarify the position with respect to such items, but that document introduced a decision process that some people found confusing. It required an analysis of whether the component or subassembly had what was termed a direct function. A direct function in this context is a function that fulfills the equipment’s intended use, as specified by the manufacturer, without any adjustments other than simple ones that can be made without specialist knowledge. Components and subassemblies will fall within the scope of the new directive if they are intended for incorporation into an apparatus by the end-user and are liable to either generate or be affected by electromagnetic disturbances. This change brings some components and modules that are not currently covered within the scope of the new version.

Apparatus not in conformance with the directive will be allowed to be displayed at trade fairs, exhibitions, and similar events under the terms of the new version, as long as a visible sign clearly states that the apparatus may not be placed on the market or put into service until it has been brought into conformity. This relaxation previously appeared only in the 1997 guidelines.

Essential Requirements

The forthcoming directive refers to essential requirements that contain administrative provisions in addition to the technical requirements and thus cover a broader area. The new directive still includes the protection requirements of the current directive. Some essential requirements apply to both apparatus and fixed installations, but some apply only to one or the other of the categories.

Protection Requirements. The protection requirements apply to both apparatus and fixed installations and, as just suggested, are essentially unchanged from those originally set down. However, the immunity requirement that appears in the new version makes reference to intended use with respect to consideration of both electromagnetic disturbance and performance degradation. Specifically, it requires that the equipment have “a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended use.”

EMC Assessment (for Apparatus Only). In the new version of the directive, an EMC assessment becomes part of the essential requirements. The 1997 guidelines had only suggested that the manufacturer should perform such an assessment.
The manufacturer must perform this assessment on its apparatus “with a view to meeting the protection requirements” in all possible configurations that the manufacturer identifies as representative of normal use in the intended application of the equipment. This need not be the burden that it sounds. According to a new provision, the manufacturer is considered to have carried out the EMC assessment if the apparatus has been shown to meet the requirements of all relevant harmonized standards. Still, the producer must take positive steps to establish evidence of such compliance, as described below.

Information Requirements (for Apparatus Only). The new essential requirements will include specific requirements for each apparatus to be identified by type designation, batch, serial number, or any other element of information that would allow for its identification. Also, each apparatus is to be accompanied by the name and address of the manufacturer and, if the company is not established within the European Community, the name and address of its authorized representative or another person within the Community responsible for placing the apparatus on the Community market.

Under the new directive, the manufacturer is also required to provide information on any specific precautions to be taken when the apparatus is assembled, installed, maintained, or used, in order to ensure conformity with the protection requirements. Apparatus that would not meet the protection requirements in residential areas must be accompanied by a clear indication of this use restriction. Where appropriate, this notice must also appear on the packaging. Finally, information necessary to enable use in accordance with the intended purpose of the apparatus is required to be included in the instructions accompanying the apparatus.

Use of Harmonized Standards

A harmonized standard is a European standard that has been listed in the Official Journal of the European Communities as suitable for the demonstration of conformity of equipment with some or all of the technical requirements of an EU directive. The current EMC Directive does not explicitly require testing to harmonized standards; however, Article 10.1 requires a manufacturer to apply harmonized standards if it is following the standards route to compliance. But the directive does not define apply in this context, and the 1997 guidelines do not elaborate.

A manufacturer may be considered to have applied the relevant harmonized standards under the current directive if its product would meet the requirements if it were tested. This gives manufacturers some flexibility in dealing with product variants and small changes in a product. The guidelines indicate that if the worst-case variant—that which has the highest emissions and lowest immunity—complies with the requirements of the applicable standards, then all variants within the range may be declared compliant. Also, it has become common and allowable practice to assess the effect of design changes on the EMC performance of a product by means of simple comparative tests.

The new version of the EMC Directive states that “compliance with a harmonized standard means conformity with its provisions and demonstration thereof by the methods the harmonized standard describes or refers to.” This statement has, in the final version, been moved from the main text, where it resided in earlier drafts, to the introductory “whereas” clauses. The effect of this very recent change is not yet clear.

Fixed Installations

The concept of a fixed installation is new; it does not appear in the current EMC Directive. The coming directive defines a fixed installation as “a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed, and intended to be used permanently at a predefined location.”

Fixed installations will have to meet the protection requirements, but they will not be subject to the assessment requirements for apparatus, or to the information requirements. However, where indications of noncompliance exist—in particular, where complaints of interference caused by noncompliance are presented—enforcement authorities may request evidence of compliance and may initiate an assessment. If noncompliance is identified, measures may be imposed on those responsible to bring the installation into compliance with the protection requirements.

Fixed installations will be required to follow good engineering practices. Respecting the intended use of its components, they must be installed with a view to meeting the protection requirements of the directive. These practices must be documented, and the documentation must be held by the person or persons responsible for the fixed installation as long as it is in operation.

The new directive requires EU member states to each establish provisions necessary for identifying the person or persons responsible for ensuring that a fixed installation complies with the relevant essential requirements. This means that it will be necessary for manufacturers to study the national legislation of each member state to determine who has responsibility in each market. Any differences between national requirements could also lead to installation owners having different contractual relationships, with respect to EMC, with their suppliers throughout Europe.

Apparatus specifically designed for, and intended for use solely in, a given fixed installation will not have to meet the essential requirements. Because it is not commercially available, such apparatus will not be subject to conformity assessment or bear the CE mark. In such cases, however, the accompanying documentation must state the name of the fixed installation and its EMC characteristics. Documentation must indicate the precautions to be taken in incorporating the apparatus into the fixed installation so as not to compromise the installation’s EMC conformity. This requirement differs from the current practice as described in the 1997 guidelines; now, the apparatus for such installations is required to meet the protection requirements.

Demonstration of Compliance

The three distinct routes to compliance of the current EMC Directive are being replaced by what is effectively a single route to compliance (for apparatus only) in the new directive. This requires a manufacturer, or its authorized European representative, to draw up technical documentation that provides evidence of conformity with the essential requirements.

The involvement of a third party where the manufacturer has not applied harmonized standards in full will no longer be compulsory. This change represents a significant relaxation from the current position. When the new legislation comes into force, manufacturers will be able to self-certify without applying harmonized standards in full. They may involve a notified body if they wish. Notified bodies, rather than competent bodies, are specified, but their roles and responsibilities are the same as those of the current competent bodies.

A requirement for comprehensive technical documentation is new; the current directive requires only the declaration of conformity. Although the 1997 guidelines recommended that technical documentation be produced, it has not heretofore been a legal requirement in the directive. This change will bring the EMC Directive into line with the more recently developed European New Approach directives.

The technical documentation must enable the conformity of the apparatus with the essential requirements to be assessed. As such, it must cover both the design and the manufacture of the apparatus. In particular, it must contain:

• A general description of the apparatus.
• Evidence of compliance with the harmonized standards, if any, applied in full or in part.
• A description and explanation of the steps taken to meet the essential requirements where harmonized standards have not been applied in full, including, for example, the electromagnetic assessment, results of testing, and design calculations.
• A statement from a notified body, if one is desired by the manufacturer.

Declaration of Conformity

The new EMC Directive introduces additional requirements for the declaration of conformity. When effective, the directive will require the declaration to include:

• Reference to the EMC Directive.
• More-detailed identification of the apparatus to which it refers.
• The name and address of the manufacturer and, where applicable, the name and address of its authorized representative within the European Community.
• Dated references to the standards under which conformity is declared. (The current directive does not require the references to be dated.)
• The date of the declaration.
• Identification of the person empowered to bind the manufacturer or its authorized representative, and that person’s signature.

Market Surveillance

The new EMC Directive requires enforcement authorities to provide precise grounds for any decision taken to withdraw apparatus from the market, or to restrict or prohibit placing it on the market or putting it into service. Authorities must also provide information on the remedies available under the national law in the member state in question, including the time restrictions to which remedies are subject. The manufacturer, authorized representative, or other interested party will be given the right to put forward its point of view in advance of any enforcement action. This right is removed if urgency is necessary in order to protect the public interest.

Steps toward Applicability

The date of application of the directive will be July 30, 2007. Upon arrival of the date of application, the current EMC Directive, 89/336/EEC as amended, will be repealed.

A European directive is a requirement imposed upon member state governments to produce national legislation. Each national government is required to have its legislation in place six months before the directive becomes applicable, even though it will not come into force until the directive’s effective date.

A two-year transitional period following the date of application will be allowed, during which time equipment that is compliant with the old EMC Directive may legally be placed on the market and put into service. That is, equipment may be built to comply with either version of the directive over the course of the transition. The transition period ends on July 20, 2009.

The European Commission, having learned from the problems that attended the introduction of the current EMC
Directive, has already initiated a process to write new guidelines. These are intended to be more concise than the 1997 guidelines, and they will be made available before member state governments produce their own legislation. Guidelines may ensure greater consistency in national legislation. Certainly, it will allow manufacturers more time to gain an understanding of the new requirements. Unlike the current guidelines, the new guidance will be available in electronic form only, so that it can be easily updated, if necessary, in the light of experience.

Conclusion

Equipment manufacturers marketing their products in Europe will be affected significantly by the coming of a new version of the EMC Directive. It is critical that manufacturers acquaint themselves with the altered and additional requirements well before the new legislation goes into effect a few years from now.

References

1. “Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility,” Official Journal of the European Communities (OJ) no. L 139, May 3, 1989.
2. “Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity,” OJ no. L 128, May 23, 1991.
3. “Council Directive 92/31/EEC of 28 April 1992 amending the Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility,” OJ no. L 126, May 12, 1992.
4. “Council Directive 93/68/EEC of 22 July 1993 amending Directives [. . .] 89/336/EEC (electromagnetic compatibility), [. . .],” OJ no. L 220, August 30, 1993.
5. “Council Directive 93/97/EEC of 29 October 1993 supplementing Directive 91/263/EEC in respect of satellite station equipment,” OJ no. L 290, November 24, 1993.
6. Guidelines on the Application of Council Directive 89/336/EEC on the Approximation of Laws of Member States Relating to Electromagnetic Compatibility (Brussels: Office for Official Publications of the European Communities, 1997).
7. “Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity,” OJ no. L 91/10, April 7, 1999.
8. Aeronautical products, parts and appliances as referred to in “Regulation (EC) No. 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency.” OJ no. L 240, September 7, 2002:1. Regulation as amended by Commission Regulation (EC) No. 1701/2003, OJ no. L 243, September 27, 2003:5.

Brian Jones is an independent consultant specializing in advice and training pertinent to meeting the requirements of
EMC regulations and standards. He may be contacted at emc@brianjones.co.uk.