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Electromagnetic Compatibility (EMC) Directive 89/336/EEC

We have published some interim guidance on specific issues of interpretation in the EMC Regulations 2006 to assist manufacturers and suppliers of electronic and electrical equipment to understand the effect of the Regulations that can be found at -

Subject Area

The Directive applies to most electrical and electronic apparatus, that is, finished products and systems that include electrical and electronic equipment.

Intention of Legislation

To remove barriers to trade within the European Economic Area (that is, EU countries plus Norway, Liechtenstein and Switzerland) whilst ensuring that the electromagnetic disturbance generated by apparatus does not exceed a level allowing radio and telecommunications equipment and other apparatus to operate as intended, and that apparatus has an adequate level of intrinsic immunity to electromagnetic disturbance to enable it to operate as intended.

Brief History

The EMC Directive (89/336/EEC) was adopted on 3 May 1989 and came into force on 1 January 1992. An amending Directive (92/31/EEC) adopted on 28 April 1992 introduced a transitional period that ended on 31 December 1995.

Both these Directives were transposed into UK Law by the Electromagnetic Compatibility Regulations (SI 1992/2372), which came into force on 28 October 1992. Subsequently, SI 1992/2372 was amended by SI 1994/3080 which implemented the CE Marking Directive, and by SI 1995/3180 which disapplied the 1992 Regulations in respect of vehicles, components and separate technical units.

The above Regulations have now been repealed and replaced by the Electromagnetic Compatibility (EMC) Regulations 2005 (SI 2005/281), that came into force on 7 March 2005. The new Regulations consolidate the previous Regulations, and also incorporate further amendments. These dissapply the Regulations in respect of certain types of apparatus specifically covered by other Directives, and provide for a new enforcement authority, OFCOM, to act in place of the Radiocommunications Agency in so far as enforcement relates to the protection and management of the radio spectrum.

The Regulations require that all electrical and electronic apparatus marketed in the UK, including imports, that satisfy the requirements of the EMC Directive must carry CE Marking.

In 1998 the EMC Directive was the subject of a review as part of the European Commission's SLIM exercise. This resulted in a number of recommendations for changes to the Directive to improve its clarity. Following the review, the Commission set up the EMC SLIM Working Group to advise it on its task of proposing a revised EMC Directive. This led to a Commission proposal for a new EMC Directive that was published at the end of 2002.

Following consideration by the European Parliament and the Council, the new EMC Directive 2004/108/EC) was published in the Official Journal on 6 January 2005.

The European Commission held a seminar in Brussels on 3 February 2005 to discuss the implications of the new EMC Directive. The papers presented at the seminar are available to download.

Latest Developments

We have published some interim guidance on specific issues of interpretation in the EMC Regulations 2006 to assist manufacturers and suppliers of electronic and electrical equipment to understand the effect of the Regulations, and that can be found on the right.

The consultation on the implementation of Directive 2004/108/EC on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC closed on 3 August 2006. The consultation document is still available to download.  The official response was published on 21 December 2006. The final Regulatory Impact Assessment was published in January 2007.

The EMC Regulations 2006 No. 3418, which transpose EMC Directive 2004/108/EC into UK Law, have been published.  A copy of the Regulations can be downloaded from the OPSI website at:

http://www.opsi.gov.uk/si/si2006/uksi_20063418_en.pdf
(PDF, 185 kB)

Regulations relating to the appointment of Notified Bodies came into force on 20 January. The remaining Regulations come into force on 20 July 2007.

EMC Directive 2004/108/EC: Commission Legal Interpretation Transitional Arrangements

In the Consultation Document on the implementation of the new EMC Directive 2004/108/EC under the heading "Regulation 2 - Repeal and disapplication" we dealt with the application of the transitional provisions under that Directive. The European Commission has now issued a formal legal interpretation of the transitional provisions of Directive 2004/108/EC. The result of the Commission interpretation is that only apparatus which was subject to the conformity assessment process under Article 10.1 or 10.2 of the current EMC Directive 89/336/EEC prior to 20 July 2007 can continue to be placed on the market up until 20 July 2009.  For further information please contact:

Kevin Lane
Department for Business, Enterprise & Regulatory Reform
Bay 384, 1 Victoria Street, London SW1H 0ET
Tel: 020 7215 1774, Fax: 020 7215 2635, e-mail: kevin.lane@berr.gsi.gov.uk

We made a minor amendment to the EMC Regulations 2005. The Electromagnetic Compatibility (Amendment) Regulations 2006 come into force on 28 June and a copy can be found on Office of Public Sector Information (OPSI) website at http://www.opsi.gov.uk/si/si200614.htm

Outlook

EMC Regulations allowing the appointment of EMC Notified Bodies (NBs) came into force on 20 January. We are currently preparing guidelines for the appointment of Notified Bodies under the EMC Regulations and is aiming to complete appointment of Notified Bodies by the end of April.  Although this will allow NBs to be appointed under the Regulations, they will not be able to issue a statement until the remaining Regulations come into force on 20 July 2007.

Other useful links

Our links/other sites page.

A list of UK Notified Bodies appointed by the Secretary of State is available from the right as an Adobe Acrobat document.

A network of regional Compliance Clubs can provide expert advice on how to comply with the EMC and other New Approach Directives. A list is also available from the right.

Guidance / Further Information

A comprehensive EMC Product standards booklet is also obtainable on request or from the right.

An EMC Guide to the application of the Directive is available on request by using any of our contact details below. It can also be downloaded from the European Commission's "Enterprise" website.

Further information, including lists of harmonised standards as published periodically in the Official Journal of the European Communities, is also available from the "Enterprise" website.

Contact Kevin Lane
E-mail: emc.emc@berr.gsi.gov.uk

Tel: 020 7215 1774
Fax: 020 7215 2635