Subsidiary Legislation 427.35, Electromagnetic Compatibility Regulations, transposes Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility.
The Electromagnetic Compatibility (EMC) Regulations aim to ensure that electrical and electronic equipment complies with an adequate level of electromagnetic compatibility. It also lays down uniform rules to ensure protection against electromagnetic disturbance so as to guarantee the free movement of electrical and electronic equipment within the EU’s internal market.
The Electromagnetic Compatibility Regulations applies to any product that contains active electronic components and hence are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance.
There are a number of important exclusions, including:
For a full list of exclusions please refer to the regulations.
The regulations do not apply to apparatus placed on the market before 13th June 2016.
Obligations of manufacturers
The obligations of manufacturers of apparatus include:
Obligations of authorised representatives
Manufacturers are able to appoint authorised representatives, by written mandates, to perform certain tasks on their behalves. The manufacturers’ obligations for the apparatus to be designed and manufactured in accordance with the essential requirements and to draw up the technical documentation, shall not be part of these mandates.
The obligations of authorised representatives include:
Obligations of importers
The obligations of importers include:
Obligations of distributors
The obligations of distributors include:
Obligations of manufacturers applying to importers and distributors
Importers or distributors are considered manufacturers for the purposes of the regulations and they are subject to the obligations of the manufacturers, where they place apparatus on the market under their name or trademark or modifies apparatus already placed on the market in such a way that compliance with the regulations may be affected.
Enforcement and penalties
The regulations provide powers to Market Surveillance Directorate (MSD), within MCCAA, to take action against economic operators for products that are not in conformity with the regulations. Economic operators are required to co-operate with the enforcement authority and on request, must provide information and take action as appropriate.
The MSD is required to take all appropriate measures to withdraw from the market or to prohibit or to restrict the supply of products bearing CE Marking which may endanger the health and safety of persons, property or the environment. The MSD must inform the European Commission and other EU Member States immediately of any enforcement action taken indicating the reason justifying that action. This will enable Member States to take action against similar products placed on the market on their territories. Similarly, if another Member State initiates the procedure with respect to action taken on their territories, certain actions are required of the local market surveillance authority.
The regulations also allow the MSD to raise an objection against the measures taken by another Member State. The European Commission will determine whether the action taken is justified; if so, the MSD must take necessary measures to ensure electrical equipment is withdrawn from the market. Where the European Commission finds the action taken by the Member State initiating the measures, is not justified, that Member State must withdraw that measure.
Economic operators failing to comply with the requirements of the regulations are subject to the provisions of article 26 of the Product Safety Act.
Notified Bodies are independent organisations appointed by EU Member State governments and notified to the European Commission to carry out the procedures for conformity assessment and certification set out in the regulations.
A list of Notified Bodies appointed under the regulations, may be found on the NANDO website.
Economic operators are free to select any suitable Notified Body from any Member State.
The European Commission has produced detailed guidance on the provisions of the EMC Directive and its requirements, which should be referred to for further guidance. This guidance can be found at: https://ec.europa.eu/growth/sectors/electrical-engineering/emc-directive_en
The European Commission has produced guidance regarding CE marking, which can be found at: https://ec.europa.eu/growth/single-market/ce-marking
The European Commission has produced guidance called the Blue Guide intended to contribute to a better understanding of EU product safety rules and to their more uniform and coherent application across different sectors and throughout the single market. The Blue Guide can be found at: http://ec.europa.eu/DocsRoom/documents/18027/
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