Introduction 免責事項及び序論

These guidelines are intended to be a manual for all parties directly or indirectly affected by the “new” Electromagnetic Compatibility Directive 2014/30/EU (EMCD).

They assist in the interpretation of the Directive but do not substitute for it; they explain and clarify some of the most important aspects related to its application. The Guide is also intended to ensure the free movement of products in the EU Internal Market by agreement of these explanations and clarifications, reached by consensus amongst Member States and other stakeholders.

This Guide will be reviewed periodically to be kept up to date.

This Guide is publicly available but is not binding in the sense of a legal act adopted by any of the EU institutions, even if the word 'shall' is used in many parts of this Guide. In the event of any inconsistency between the provisions of the EMCD and this Guide, the provisions of the EMCD prevail.

The European Commission undertakes to maintain this Guide to ensure that the information is accurate and up to date. Errors brought to the Commission’s attention, will be corrected. However, the Commission accepts no responsibility or liability whatsoever with regard to the information in this Guide. The information:

is of a general nature only and is not intended to address the specific circumstances of any particular individual or entity;

is not necessarily comprehensive, complete, accurate or up-to-date;

sometimes refers to external information over which the Commission has no control and for which the Commission assumes no responsibility;

does not constitute legal advice.

Finally, attention is drawn to the fact that all references to the CE marking and EU Declaration of Conformity relate to the EMCD only. A product only benefits from the free circulation in the Union market if the product complies with the provisions of all the applicable Union legislation. Reference is therefore made, whenever necessary but not always, to other EU legal acts.

INTRODUCTION

This Guide should always be read in conjunction with the 'Blue Guide' on the implementation of EU product rules. Moreover, other more specific guidance or documents might be issued by the Commission services, EMC Working Party or EMC ADCO providing guidance or information on specific issues or items, for example:

Supplementary Guidance on the LVD/EMCD/RED (combined equipment);

National language requirements for products covered by the EMCD.

The purpose of this Guide is to give guidance on certain matters and procedures of the EMCD. This version replaces the previous version of March 2018.

The new EMCD (Directive 2014/30/EU) repeals and replaces the old EMCD (Directive 2004/108/EC). It maintains the same objectives - to guarantee the free movement of equipment and to create an acceptable electromagnetic environment in the Union territory.

The main objective of the EMCD is thus to regulate the electromagnetic compatibility of equipment. In order to achieve this objective, provisions have been put in place so that:

equipment shall comply with the requirements of the EMCD when it is made available on the market and/or put into service when properly installed, maintained and used for its intended purpose;

the application of good engineering practice is required for fixed installations, with the possibility for the competent authorities of Member States to request evidence of compliance of the fixed installation, and, when appropriate, initiate an evaluation if non-compliances are established.

After 2010, the Blue Guide was updated to the NLF. The NLF is a flexible regulatory framework for the marketing of products. In 2014 a set of Directives (including the new EMCD and the new LVD) were aligned according to the NLF. Also in 2014, the

Radio Equipment Directive (RED) entered into force and is applicable as of 13 June 2016, subject to one year transitional period (ended on 12 June 2017).

The EMCD is applicable as of 20 April 2016.

The main changes in the new EMCD (Directive 2014/30/EU), as compared to the old EMCD (Directive 2004/108/EC), relate with the alignment with the new legislative framework, Standardisation Regulation (EU) No 1025/2012 and Article 291 of the TFEU (Implementing Acts).

The essential requirements have not been modified and therefore the substance of the harmonised standards for apparatus is not affected due to the new EMCD.

The scope remains mainly the same, compared to the old EMCD. The new EMCD introduces only a new exception on Custom built evaluation kits (see section 1.4.5).

However, the scope of the EMCD has been indirectly affected and modified due to the new RED, which has repealed and replaced the R&TTED. The new RED, compared to the R&TTED, has introduced some modifications (for more details, see section 1.4.2.1 and Annex 4 of this Guide). As a result, equipment that was covered by the R&TTED, but is not covered by the RED, is no longer excluded from the EMCD and equipment which was not covered by the R&TTED, but it is covered by the RED, is now excluded from the EMCD.

This Guide has been structured in a logical way suitable for users who need to ensure that their equipment complies with the EMCD. It is divided into the following Chapters:

1. Scope: allows economic operators to quickly decide whether their equipment falls under the scope of the EMCD and if so, if it is apparatus or a fixed installation.

2. Essential requirements.

3. Obligations of economic operators

4. Conformity assessment procedure for apparatus: gives information including: the steps of an EMC assessment; information and documentation requirements; EU Declaration of Conformity and CE marking. More detailed guidance is provided for an EMC assessment where harmonised standards are not used or do not cover all essential requirements.

5. Procedures for fixed installations: on the relevant requirements and documentation needed for fixed installations, including the use of apparatus specifically for incorporation into a particular fixed installation.

6. Market surveillance: relates to the duties of the national authorities ensuring only compliant apparatus circulates in the Union.

7. Notified Bodies: their role, selection, coordination and the treatment of complaints.