Section Menu

Electromagnetic Compatibility (EMC) Directive 2004/108/EC

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, Iceland, 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

In 1998 EMC Directive 89/336/EC 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 adopted on 15 December 2004 and published in the Official Journal on 6 January 2005. It replaces and repeals Directive 89/336/EC.

Directive 2004/108/EC was transposed into UK Law by the EMC Regulations 2006 (SI 2006/3418), which came into force on 20 July 2007 These Regulations replaced and repealed the Electromagnetic Compatibility Regulations 2005.

The Regulations require that all electrical and electronic apparatus marketed in the UK, including imports, satisfy the requirements of the EMC Directive. The Regulations introduce a new regime for Fixed Installations.

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 (See Related Documents)

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 final Regulatory Impact Assessment was published in January 2007 (See Related Documents).

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

http://www.opsi.gov.uk/stat.htm

Regulations relating to the appointment of Notified Bodies came into force on 20 January 2007. The remaining Regulations came 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. Further information is available from the BERR contact shown below.

EMC Notified Bodies

EMC Regulations allowing the appointment of EMC Notified Bodies (NBs) came into force on 20 January. BERR has completed the designation of twenty-three Notified Bodies under the EMC Regulations 2006. All these designations have been notified to the European Commission through the NANDO website. BERR has prepared guidelines for the designation of Notified Bodies under the EMC Regulations and a copy can be downloaded from Related Documents.

Guidance / Further Information

A network of regional Compliance Clubs can provide expert advice on how to comply with the EMC and other New Approach Directives. (See Related Documents).

An EMC Guide to the application of the Directive has been published by the European Commission and can 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.

BERR Contact

For information on the EMC Directive or regulations please contact Kevin Lane, Department for Business, Enterprise & Regulatory Reform, Bay 384, 1 Victoria Street, London SW1H 0ET
E-mail: Kevin.Lane@berr.gsi.gov.uk
Tel: 020 7215 1774
Fax: 020 7215 2635