EMC Directive 2004/108/EC came into force 20 July 2007

The current EMC Directive, 89/336/EEC is being repealed and replaced by the new EMC Directive 2004/108/ EEC. With effect from 20 July 2007, all organisations that develop and manufacture electrical and electronic devices / products, to be used and placed in the European market must comply with the new directive.

Declaration of compliance with the outgoing Directive 89/33/EEC, in some cases, will still be possible until 20 July 2009. All products however still in production as of 20 July 2009 must be compliant to the provisions of the new EMC Directive 2004/108/EC.

Directive 2004/108/EC regulates the electromagnetic compatibility of both apparatus and fixed installations. It aims to reduce the regulatory burden on manufacturers as compared to the previous Directive.

It greatly simplifies regulatory procedures, while increasing information and documentation on products for inspection authorities. It abolishes cumbersome conformity assessment procedures for manufacturers which require the mandatory involvement of an independent inspection and verification body. Manufacturers and importers will be solely responsible for establishing the conformity of their products and for the "CE" marking. The harmonized standards route is still the preferred and most appropriate route to compliance for the majority of products.

Apart from the simplified conformity procedures, the main elements of the revised directive are:

1. Stricter     requirements     concerning     information     and documentation.

2. Special regime for fixed installations.

3. Compliance with new-approach concepts.

 

Main Changes include:

1. More responsibility for manufacturers. There is a renewed emphasis on the fact that the responsibility for compliance rests with the manufacturer, authorised representative or importer.

2. Increased surveillance. Market surveillance will be stepped up under the new directive, with stiffer penalties for non compliance. (Still concern over budgets for the Trading Standards to fully comply with this requirement.)

3. Notified bodies. Competent Bodies are replaced by Notified Bodies with the role of a Notified Body being voluntary. The TCF (technical construction file) is still a route to compliance, however it is not required to be submitted for review by a Notified Body.

4. New requirements for fixed installations.  Because of their uniqueness, fixed installations do not require CE marking nor declaration of conformity to be drawn up. Evidence of compliance is documented in a TCF which must include evidence of good engineering practices being adopted. As with the other Directives, the TCF for installations must be made available to policing authorities upon request.