The EMC Directive in transition

Steve Hayes, Director of TRL's EMC Division, looks at the implications for manufacturers of the latest EMC Directive (2004/108/EC).

Products having a valid declaration of conformity that was issued before 20th July 2007 may continue to be manufactured and placed on the market before 20th July 2009 and may subsequently be put into service at any time.

However, if the product changes in the period 20th July 2007 to 20th July 2009, a new declaration of conformity to the new Directive will be required.

In addition, if in the period 20th July 2007 to 20th July 2009 any referenced harmonised standard is superseded, so that the declaration no longer provides presumption of conformity, a new declaration of conformity to the new Directive will be required.

All "apparatus" placed on the market from July 2009 must have a declaration of conformity to 2004/108/EC.

"Apparatus" is defined as: a finished appliance or unit, component, subassembly or mobile installation, products for own use, second hand product (ie manufactured outside the EU and being introduced to the EU marketplace for the first time) or system (combination of finished appliances).

Fixed installations must comply with the new EMC Directive 2004/108/EC from 20th July 2007.

There is no transition period.

A Declaration of Conformity is the legal requirement for compliance with the new Directive.

The documentation requirements are the same as for all CE marking directives.

The penalties for infringement of EMC Directive 2004/108/EC are imprisonment, a fine, or both.

Offences include: putting equipment on the market that contravenes regulation 15, 16, 34 or 35; contravention of a suspension notice; supplying false or misleading information; misuse of CE marking; obstructing officers trying to investigate compliance.

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