Directive 2004/108/EC - electromagnetic compatibility
This Directive will be repealed by Directive 2014/30/EU with effect from 20 April 2016.
The aim of this Directive is to regulate the electromagnetic compatibility of equipment. It aims to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility.
Definitions are provided for the terms ‘equipment’ (including ‘components’, ‘sub-assemblies’ and ‘mobile installation), ‘apparatus’, ‘fixed installation’, ‘electromagnetic compatibility’, ‘electromagnetic disturbance’, ‘immunity’, ‘safety purposes’, ‘electromagnetic environment’ and ‘harmonised standard’.
Member States must not impede the placing on the market or the putting into service equipment that complies with this Directive in their territory. This Directive does not prevent measures to overcome an electromagnetic compatibility problem at a specific site or measures taken for safety reasons to protect public telecommunications networks. Member States must not impede the display and demonstration of equipment that does not comply with this Directive, provided that such equipment is clearly marked as not being compliant with this Directive.
Equipment that complies with this Directive must bear the “CE” marking attesting this fact. This is the responsibility of the manufacturer. Member States must prohibit third parties from affixing anything to equipment that misleads with respect to the meaning of or the graphic of the “CE” marking.
Each apparatus must be identifiable by type, batch, serial number and any other relevant information. Each apparatus must be accompanied by the name and address of the manufacturer and, if they are not based within the Community, the name and address of their representative responsible for putting the apparatus on the Community market. The manufacturer must provide information on specific precautions that must be taken when the apparatus is assembled, installed, maintained or used. Information required to enable apparatus to be used for their intended purpose must be contained within the accompanying instructions.
Where a Member State ascertains that apparatus bearing the “CE” marking does not comply with the requirements of this Directive, it must take appropriate measures to withdraw the apparatus from the market. The Member State must then inform the Commission and other Member States, including the details of how the apparatus does not comply with harmonised standards.
Any decision to withdraw, prohibit or restrict the free movement of apparatus must state the exact grounds on which it is based. Such decisions must be notified to the party concerned immediately, along with possible remedies.
Member States must notify the Commission of the bodies they have designated to carry out the tasks specified in the annexes.
Apparatus which may be incorporated into a fixed installation is subject to all relevant provisions for apparatus set out in this Directive, however specified articles of this Directive are not compulsory for apparatus intended for incorporation into a given fixed installation and which is otherwise not commercially available. Where there are complaints about disturbances being generated from an installation, the competent authorities of the Member State may request evidence of compliance of the fixed installation and initiate an assessment where appropriate. Where non-compliance is established, the competent authority may impose appropriate measures to bring the fixed installation into compliance with the protection requirements set out in Annex 1.
This Directive does not apply to:
- Equipment covered by Directive 1999/5/EC
- Aeronautical products, parts and appliances referred to in Regulation (EC) No 1592/2002
- Radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted in the framework of the Constitution and Convention of the ITU
- Equipment that is incapable of generating or contributing to electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended.
Annex I: Essential Requirements referred to in Article 5
Annex II: Conformity Assessment Procedure referred to in Article 7 (internal production control)
Annex III: Conformity Assessment Procedure referred to in Article 7
Annex IV: Technical Documentation and EC Declaration of Conformity
Annex V: ‘CE’ Marking referred to in Article 8
Annex VI: Criteria for the Assessment of the Bodies to be notified
Annex VII: Correlation