2.3 The EMC Directive 89/336
2.3.1 EC Guidelines to the EMC Directive
The European Commission have issued revised guidance on the EMC
Directive 89/336. Whilst not replacing the legislation, it is
useful information in considering how the Directive applies to
different types of products.
See section 1.5.1.
This information will no doubt appear on many Web sites. It is
available in PDF format from the European Commission's site:
http://www.europa.eu.int/comm/dg03/public.htm
as file emcgen.pdf
(http://www.europa.eu.int/comm/dg03/publicat/guides/emcgen.pdf)
and in Word 6.0 format on the UK's Telecommunications Agency's
pages at: http://www.radio.gov.uk/document/misc/emc/emc.htm
The files are in Word 6.0 format and comprise the Guidelines
themselves (60 pages - 254 kB) and nine Annexes* (386 kB total).
Note the page formatting is for European A4 paper size. So if you
use 8-1/2" x 11" paper, it may be necessary to kid your
printer it is loaded with A4!
Annex 1: Texts of the Directives
Annex 2: Consolidated text of the EMC Directive 89/336/EEC
Annex 3: National measures transposting the EMC Directive
Annex 4: List of competent authorities
Annex 5: List of competent bodies
Annex 6: List of notified bodies
Annex 7: Harmonised standards published in the OJ **
Annex 8: Standardisation programme
Annex 9: Useful addresses
On January 25, 2000 an updated complete list of EMC standards
along with their effective dates was published in the Official
Journal of the European Communities. The list is available as a
PDF file (14 A4 pages) at http://www.lyons.demon.co.uk/euemcstd.pdf
A commentary and personal interpretation of the Guideline has
been written by Jim Rackham, Principal Trading Standards Officer
(TSO) of Warwickshire County Council, UK, and published by
Nutwood UK Ltd in The UK EMC Journal and the forthcoming EMC +
LVD Handbook '98 (see below for the Handbook and Section 1.2 of
this FAQ for the Journal).
The text is available for downloading as file:
http://www.lyons.demon.co.uk/rackham.txt
2.3.2 Frequently asked Questions about the EMC Directive
By Brian Jones, 89 Widney Road, Knowle, Solihull B93 9EA, UK.
Tel: +44 1564 773319 Fax: +44 1564 773319 email: emc@brianjones.co.uk
EMC Consultant and Competent Body Signatory.
The following information is believed to be correct at the time
of publication, is general in nature, and is provided in good
faith. It cannot provide complete guidance for all circumstances.
Readers should satisfy themselves that the information is
applicable for their situation, or seek specific advice. I would
like to thank Jim Rackham of Warwickshire Trading Standards for
his helpful comments on my answers.
Brian Jones
May 2000
#
Q1 Is Due Diligence tempered by cost?
The DTI has published a document entitled "Minimising the
cost of meeting the EC Directive on Electromagnetic Compatibility
(EMC) 89/336/EEC as amended by EC Directive 92/31/EEC." The
second edition was published towards the end of 1995, and is
available from the DTI. This document sets out the minimum
actions required to meet the legislation. It has also been
suggested that courts may take account of the value of the
product, or size
of the company, in judging a case.
The manufacturer should satisfy himself that he has taken all
reasonable steps. It would be sensible to carry out periodic
emission testing if only one sample was tested initially.
The manufacturer takes sole responsibility for his products'
performance, and must be prepared to justify the actions he has
taken (or not) to the enforcement authorities.
Q2 Is military equipment excluded in all Member States?
Military equipment (apparatus designed for use as arms, munitions
and war material within the meaning of Article 223.1(b) of the
Treaty of Rome) is excluded from the UK Regulations provided it
does not have an alternative non-military use. The laws are not
identical in all Member States of the EEA.
Military equipment which finds its way onto the open market (as
surplus goods, for example) may be caught by the UK Regulations
since it would no longer have a purely military use.
Q3 Who signs the Declaration of Conformity when the manufacturer
is outside the EEA?
The manufacturer may sign the Declaration of Conformity whether
he is located inside or outside the EEA. A manufacturer outside
the EEA may delegate his authorised representative within the EEA
to issue the Declaration of Conformity and affix the CE Mark.
Supply to an authorised representative does not come within the
scope of the Regulations. The Declaration of Conformity must be
held within the EEA, at the disposal of the Competent
Authorities.
Q4 Who is an authorised representative?
Someone, or a company, empowered by the manufacturer to act on
his behalf.
For his own due diligence, he should be satisfied that the
information provided is sufficient to enable him to issue the
Declaration of Conformity, and that he is able to bind the
manufacturer to commitments.
It is unlikely that an organisation that simply imports goods
would have the contractual position to act as an authorised
representative.
Q5 What constitutes an excluded installation?
In the UK, excluded installation means two or more combined items
of relevant apparatus or systems put together at a given place
(whether or not in combination with any other item) to fulfil a
specific objective, but not
designed by the manufacturer(s) for supply as a single functional
unit. In effect, an excluded installation is a collection of
compliant apparatus.
Thus a large installation supplied as a single unit is not
excluded, whereas one supplied by a number of manufacturers is
outside the scope of the UK Regulations. An example would be a
production area in a factory comprising a number of stand-alone
process stations each supplied by a different manufacturer, for
printed board populating, flow soldering, ultrasonic welding,
etc. Each process station would need a Declaration of Conformity
in its own right, but the production area as a whole would not.
Interpretations may differ in other Member States.
Q6 How can large systems be declared compliant?
A large installation supplied by a single manufacturer may be
considered a system and comes within the scope of the directive.
For emission, EN 55011 allows in situ testing for products within
its scope, but an attempt to create a more general in situ
measurement standard in Europe has failed. ETS 300 127 also
addresses the issue for large telecommunications equipment but
this is not harmonised. Neither standard addresses immunity. Such
systems could be declared compliant via the Technical
Construction File Route.
Q7 What constitutes a sub-assembly?
Guidance from the Commission has clarified the definition, and
items which are designed, manufactured and intended to form part
of an item of apparatus do not have to comply with the directive
(only the finished product must so do). If, however, the item
would perform a direct function for an end user, and is placed on
the market, then it is covered by the requirements of the
directive. A direct function is defined by the Commission as
"any function of a component or a finished product which
fulfils the intended use specified by the manufacturer in the
instructions for use for an end user. This function can be
available without further adjustment or connections other than
simple ones which can be performed by any person not fully aware
of the EMC implications."
Q8 With contract manufacturing, who is responsible for the
Declaration of Conformity?
This should be a contractual matter to be agreed between customer
and supplier. The authorities in the UK seem to have a relaxed
attitude about who issues the Declaration of Conformity providing
the declaration is produced.
Guidance from the Commission suggests that a manufacturer may
subcontract design or production providing he retains overall
control and responsibility for the apparatus as a whole.
Logically, the organisation taking responsibility for the design
and performance of the product should be responsible, but they
will need to demonstrate (via Quality Management Systems or
otherwise) that they have control over the manufacturing process
as if the they were manufacturing the product themselves.
Q9 Is a custom-made one-off item "placed on the
market"?
The UK Regulations make use of the concept of supply rather than
placing on the market, which makes the position clearer. Even
one-off items are covered by the directive, when they are
supplied for an end user.
Q10 Is reconditioned second-hand equipment covered?
If the EMC performance of the product is unaffected, it may be
considered second-hand, and the EMC Directive does not apply. If
in the process of reconditioning, the product is brought up to
latest specification, or the EMC characteristics are worsened to
a material degree, then the reconditioner becomes a manufacturer
and therefore responsible for compliance with the directive.
Q11 Can compliance with more than one directive be stated on one
Declaration of Conformity?
Yes, providing all the relevant information is given for each
directive, including the year of manufacture for certificates
declaring conformity to the Low Voltage Directive.
Q12 Do software upgrades affect the validity of the CE Mark?
There has been much debate on this subject, and the consensus to
date suggests that software changes should be considered in
assessing whether a re-evaluation for EMC is necessary. From an
emissions perspective, the equipment should have been exercised
to a maximum extent, possibly by the use of a special program.
Analysis may show that the new software does not
exercise the equipment to a greater extent than that tested
originally. However, changes in software can affect
susceptibility, particularly to transients.
Q13 What degradation of performance is acceptable for immunity
testing?
The manufacturer may state this in the user documentation,
providing the degradation is acceptable to the user and would not
compromise safety. If no statement is made, then in cases of
dispute, the performance that a user would reasonably expect will
be used.
Q14 Does an assembly of CE Marked sub-assemblies make for a
compliant
product?
Not necessarily. There are sound technical reasons why this
should be so. The final manufacturer takes responsibility for the
EMC performance of the completed product.
Q15 What is the responsibility of an installer?
If the installer is not the supplier, he should carry out the
installation in accordance with the manufacturer's instructions.
Q16 How do I decide if a printed wiring assembly should be CE
Marked or not?
Boards intended for an end user should carry the CE Mark for EMC,
backed by a Declaration of Conformity. Boards which are intended
only to form part of another system, and intended to be
incorporated into a finished product need not be marked, as they
are components, and outside the scope of the directive.
Q17 What do I have to do if I sell personal computers after
fitting an extra card to them?
When this is done, the person carrying out the act performs the
final stage of manufacture of the product as supplied to the end
user, and therefore takes responsibility for the EMC performance
of the whole. The assembler should request details of the
assessment carried out on the plug-in card from the manufacturer
of that product. The directive does not require testing to be
performed, and assuming the basic computer and the cards are CE
Marked, the assembler may be satisfied with some simple derived
tests to satisfy himself that the final product remains
compliant.
This may not be sufficient if the assembly consists of a larger
number of modules fitted to a box containing only a power supply
or power supply and mother board.
Q18 Can a user upgrade a non-compliant product which was taken
into service before 1996?
The modified product will be taken into service by the user. If
the EMC performance has been altered by the upgrade, the user
will be responsible for the product meeting the "protection
requirements" of the directive (but does not need to meet
the requirements for supply).
Q19 Do control panels need a CE mark?
If they are sold to an end user for him to integrate into a
system, yes. If they are sold only to a machine builder who
assembles the final product, no.
Q20 How can I show due diligence when assembling products and
systems from CE marked sub-assemblies or apparatus?
It is difficult to offer general guidance here as different
measures will be needed for the wide variety of possible
situations. A computer system assembled from finished products
(i.e. keyboard, mouse, monitor and completed box containing
boards, disc drives and power supply) may need no further
assessment; there is only one way these can be interconnected and
they will have been assessed as completed products by their
manufacturers. A machine consisting of PLCs, motor drives,
encoders, sensors, etc. may require a full assessment.
Q21 Is all laboratory equipment covered by the educational
relaxation?
No. In the UK, only equipment which would not, except for the
provisions of Regulation 8, comply with the protection
requirements under normal conditions of use, and which is used in
education and training establishments for the purposes of
experimentation, learning or practical training, is covered by
the modified application of that Regulation.
Test apparatus, designed or adapted to generate or be susceptible
to electromagnetic disturbance is covered by the modified
application of Regulation 9, and must not create disturbances
outside the immediate electromagnetic environment of the
apparatus.
Q22 Does the signatory of the Declaration of Conformity go to
jail if the product is shown to be non-compliant?
Not all offences under the UK Regulations could result in
custodial penalties. Only Regulations 83 (contravention of a
prohibition or suspension notice), 84 (giving false or misleading
information) and 86(2) (impersonating an officer of an
enforcement authority) have this penalty.
To date, no-one has been sent to jail in the UK for infringement
of a New Approach directive. It is possible that this could
happen at some time in the future for a very serious breach of
regulations, but this is complex issue of employment law, and is
beyond the scope of these answers. Regulation 89 provides further
information.
Q23 What happens when the signatory leaves the company?
The certificate is still valid, but signatory can no longer be
held responsible for the actions of the company he has left.
Q24 Are products which have previously been used by an end user
outside the EEA, or by the manufacturer or wholesaler, considered
second-hand?
No. To be considered second-hand under the EMC Directive,
products must have been previously used by an end user within the
EEA.
Q25 If an end user imports a product directly from a country
outside the EEA for his own use only, does the product require a
CE Mark?
Latest thinking from the enforcement authorities is that the end
user takes the product into service, therefore no assessment,
Declaration of Conformity, or CE Mark is required. The product
has not been supplied within the EEA. However the end user may
have to take action if interference is caused and it is shown
that the product does not comply with the protection requirements
of the directive.
Q26 Which directive applies to products intended for use on
forklift trucks?
These do not come under the automotive or agricultural
directives, and the EMC Directive applies.
Q27 What is the position with loudspeakers?
Passive loudspeakers consisting of moving coil units and passive
crossovers inside a cabinet are benign electromagnetically,
although it is understood that in Germany the CE Mark is
required, and there may be other countries where the products
cannot be sold without the mark. The large permanent magnet of
loudspeaker units can affect TVs and monitors when in close
proximity (unless magnetically-shielded) and this should be
covered in the instructions for use.
Q28 Are quartz wristwatches covered by the regulations?
No, they have been exempted by common agreement of Member State
Competent Authorities.
Q29 Are there any requirements for instructions for use to be in
the language of a Member State?
The requirement for products to be supplied with instructions for
use is contained within the directive in Annex III, but guidance
from the Commission has placed greater stress on the need for
such instructions. Regulation 5(6) applies in the UK. It would
seem logical that if there must be instructions for use, the user
must be able to understand them. The DTI has indicated that
products supplied in the UK must have instructions in English; it
would be expected that of Member States would insist on similar
provisions.
Q30 When can a standard be used for self-certification under the
standards
route?
When it has been harmonised, i.e. it has been published by
CENELEC or ETSI and transposed into a national standard in at
least one Member State AND it had been listed in the
"Official Journal of the European Communities". Note
that to use this route, the harmonised standard(s) applied must
make a complete provision, i.e. they must cover all aspects of
emission and immunity.
Q31 Where can I examine the standards?
Most central reference libraries in the UK hold copies of British
Standards, which includes BS implementation of European Norms.
Those with access to university or other academic institution
libraries may also find copies there. Some libraries hold copies
as microfiche which is not so easy to read.
Members of the British Standards Institution and BSI committee
members may use the BSI library in Chiswick free of charge (prior
booking necessary) but a charge is made for non-members.
Q32 What is SLIM?
SLIM stands for Simpler Legislation for the Internal Market, and
is an initiative by the Commission to study legislation with a
view to improving it. A team has examined the EMC Directive and
made recommendations, which will result in a new edition of the
directive.
A first draft of this has been discussed in the SLIM Working
Group, and the resulting draft is available as a pdf file
(EMCD2000-2.pdf) from the DTI website at http://www.dti.gov.uk/strd
*
Successive drafts have been discussed in the SLIM Working Group
and are available as pdf files (EMCD2000-n.pdf) from the EC
website at http://europa.eu.int/comm/enterprise/electr_equipment/emc/slim/review.htm.
A major change in the new draft is the removal of fixed
installations from the requirements for assessment, declarations
of conformity and CE marking. They will still be required to meet
the protection requirements of the directive, and enforcement
authorities could instigate an assessment if complaints of
interference are received.
(c) Brian Jones 2000
* The latest draft is Working Document EMCD 2000.5, available
from Brian Jones <emc@brianjones.co.uk>
as file EMCD2000-5.pdf.