Illustration by TAISHA PAYTON

The European Union (EU) released its long-awaited new directive on electromagnetic compatibility (EMC) on December 15, 2004.¹ Known as the Electromagnetic Compatibility Directive and also called Directive 2004/108/EC, it repeals its predecessor, Directive 89/336/EEC, and provides new direction on the approximation of the laws of the EU member states relating to EMC.²

The original EMC Directive had been undergoing review by the European Commission (EC) through an initiative known as SLIM, or Simpler Legislation for the Internal Market. A final report showed that there was a legitimate need to complete, reinforce, and clarify the framework established by the 1989 EMC Directive.³

The old EMC Directive will be repealed as of July 20, 2007. However, products in compliance with the old directive may be placed on the market until as late as July 20, 2009, two years after the effective date of the revised directive.

Member states of the EU must adopt and publish laws, regulations, and administrative provisions necessary to comply with the new EMC Directive by January 20, 2007. Enforcement of the new administrative provisions will begin on July 20, 2007.

Outline of the Revised Directive

The new EMC Directive is divided into four chapters. Between chapters containing general provisions and final provisions are two chapters on equipment: one describes apparatus and the other addresses fixed installations.

Six articles appear under the heading "General Provisions": a treatment of the subject matter and scope of the directive; definitions; placing equipment on the market and/or putting it into service; the free movement of equipment; essential requirements; and harmonized standards.

The chapter on apparatus comprises an additional six articles. These cover the conformity assessment procedure for apparatus; CE marking; other marks and information; safeguards; decisions to withdraw, prohibit, or restrict the free movement of apparatus; and notified bodies.

The chapter called "Fixed Installations" comprises one article.

The final chapter contains five articles, titled "Repeal," "Transitional Provisions," "Transposition," "Entry into Force," and "Addressees."

Important Changes

Some large and important changes mark this revised version of the EMC Directive. The most notable involve fixed installations, the elimination of competent bodies, and the use of harmonized standards.

Fixed Installations. Article 13 of the 2004 directive, which is the complete chapter on fixed installations, is all new for this edition. It basically says that apparatus placed on the European market that is intended for a fixed installation is subject to the requirements of the EMC Directive except for Articles 5 (Essential Requirements), 7 (Conformity Assessment Procedure for Apparatus), 8 (CE Marking), and 9 (Other Marks and Information).

Fixed installations are defined to be "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." The issue of fixed installations was not specifically addressed in the first EMC Directive, although the technical construction file route to compliance was often used for such installations.

If a fixed installation creates electromagnetic disturbances, the competent authorities of the concerned EU member state may ask for proof of conformance or initiate an assessment, or both. If noncompliance is established, the authorities can force the responsible party to upgrade the fixed installation so that it complies with the protection requirements.

No More Competent Bodies. The use and definition of the concept competent body has been deleted from the new EMC Directive. In its place is a strengthened emphasis on notified bodies (Article 12). This brings the EMC Directive into line with other EU directives. The original version of the directive was the only such document calling out competent bodies.

Notified bodies must comply with the tasks referred to in Annex III of the directive (see sidebar below).

With the elimination of the competent body and the use of the notified body in its place, the new EMC Directive emphasizes that conformity assessment is the responsibility of the manufacturer, while still allowing the manufacturer the option of using an independent third-party conformity assessment body.

Annex III: Conformity Assessment Procedure Referred to in Article 7 1. This procedure consists of applying Annex II [Conformity Assessment Procedure Referred to in Article 7 (internal production control)], completed as follows: 2. The manufacturer or his authorized representative in the [European] Community shall present the technical documentation to the notified body referred to in Article 12 and request the notified body for an assessment thereof. The manufacturer or his authorized representative in the Community shall specify to the notified body which aspects of the essential requirements must be assessed by the notified body. 3. The notified body shall review the technical documentation and assess whether the technical documentation properly demonstrates that the requirements of the Directive that it is to assess have been met. If the compliance of the apparatus is confirmed, the notified body shall issue a statement to the manufacturer or his authorized representative in the Community confirming the compliance of the apparatus. That statement shall be limited to those aspects of the essential requirements which have been assessed by the notified body. 4. The manufacturer shall add the statement of the notified body to the technical documentation.

Harmonized Standards. The new EMC Directive places a renewed emphasis on harmonized standards.

The directive's Article 6 defines a harmonized standard as "a technical specification adopted by a recognized European standardization body under a mandate from the [European] Commission in conformity with the procedure laid down in Directive 98/34/EC [the Technical Standards and Regulations Directive⁴] for the purpose of establishing a European requirement."

Compliance of equipment with a harmonized standard or standards that have been published in the Official Journal of the European Union shall raise a presumption of conformity with the essential requirements in Annex I of the directive (see sidebar below).

All references to national standards and their use for presumption of conformity have been eliminated with the new EMC Directive. In other words, the use of European harmonized standards is the acceptable route for compliance purposes.

Annex I: Essential Requirements Referred to in Article 5 1. Protection requirements Equipment shall be designed and manufactured, having regard to the state of the art, so as to ensure that: (a) the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended; (b) it has 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. 2. Specific requirements for fixed installations Installation and intended use of components A fixed installation shall be installed applying good engineering practices and respecting the information on the intended use of its components, with a view to meeting the protection requirements set out in Point 1. Those good engineering practices shall be documented and the documentation shall be held by the person(s) responsible at the disposal of the relevant national authorities for inspection purposes for as long as the fixed installation is in operation.

Article 9 of the new EMC Directive covers other marks and information. This article imposes stricter product-identification requirements on manufacturers than before, including clear indication of the identity of the manufacturer, the agent for the manufacturer, or the importer of the product into EU territory. This improved product traceability will ease the regulatory authorities' task of monitoring product conformance in the market.

Other Notable Features

In addition to these substantive changes, the new version of the EMC Directive introduces noteworthy clarifications and additional requirements in the areas of scope, documentation, and the declaration of conformity.

Coverage. The new EMC Directive does not cover equipment covered by the Radio and Telecommunications Terminal Equipment Directive. It also does not cover aeronautical products, parts, and appliances. Nor does it cover radio equipment used by radio amateurs within the meaning of the radio regulations in the framework of the constitution and convention of the International Telecommunication Union adopted in 1992 and amended in 1994.

The revised directive does not affect the applicability of legislation promulgated by the EC or EU member nations that regulates the safety of equipment.

Many of the articles in the new EMC Directive are similar to their counterparts in the old directive. For example, Article 3 is basically the same in both versions.

Article 4 in the new directive covers material that was contained in Articles 5 and 6 of the old directive. However, it does add an allowance for the display and demonstration of equipment not meeting the requirements of the new EMC Directive at trade shows and exhibitions. Equipment on such display must be accompanied by a visible sign clearly indicating that the equipment must meet the EMC Directive requirements before it can be placed on the market in the EU.

Documentation and Declaration. The subject matter of Annex IV of the new directive includes technical documentation and the EC Declaration of Conformity.

Technical documentation must enable the conformity of the apparatus with the essential requirements to be assessed.  It shall cover both the design and manufacture of the apparatus. It must include the following elements:

• A general description of the apparatus.

• Evidence of compliance with the harmonized standards, if any, applied in full or in part.

• A description of the steps taken to meet the essential requirements of the directive if harmonized standards were not followed.

• A statement from the notified body whenever the procedure referred to in Annex III has been followed.

The Declaration of Conformity, under the revised directive, must contain more than before, including at least the following:

• A reference to the new EMC Directive.

• An identification of the apparatus to which it refers, as set out in Article 9(1).

• The name and address of the manufacturer and, where applicable, the name and address of its authorized representative in the EU.

• Dated references to the specifications under which conformity is declared, to ensure recognition of the conformity of the apparatus with the provisions of the directive.

• The date of the Declaration.

• Identification of the person empowered to bind the manufacturer or its authorized representative, and that individual's signature.

Conclusion

Manufacturers are given a two-year transition period, from July 20, 2007, to July 20, 2009, to continue legally to market equipment compliant with the old EMC Directive in Europe. However, the new directive does come into force in two years, and EU member states will have legislation in place to support the new requirements at least six months before that. Significant changes have been made in the EMC Directive. Manufacturers would be well advised to familiarize themselves soon with the changes and new requirements that have been introduced, and to adjust their procedures accordingly.

References

1. "Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC," Official Journal of the European Communities (OJ) no. L 390, December 31, 2004.

2. "Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility," OJ no. L 139, May 3, 1989.

3. Report of the SLIM III Team on the Electromagnetic Compatibility Directive (89/336/EEC as amended), Final Version (Brussels: European Commission, 1998).

4. "Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations," OJ no. L 204, July 21, 1998.

Daniel D. Hoolihan is president of EMC Consulting (Lindstrom, MN). He can be reached at hoolihan@emcxpert.com.