EMC Directive 2004/108/EC

EMC compliance test in EMI room

1st of July 2009

On this date, the current directive expires, so we will all need to meet the requirements of 2004/108/EC.

EU EMC Directive 2004/108/EC could be used from 20th of July 2007.

New declaration of conformity

In general, all devices that are in continuous production on the cut-off date, 1st of July 2009, must be reassessed/tested with a view to compliance with the material requirements of the new EMC directive, and a new manufacturer's declaration must be issued.

Requirement for documentation

Here, greater demands will be placed on manufacturers in terms of documentation, but at the same time there is a greater freedom of choice in connection with the conformity procedure.

Documentation, in the form of an EMC testing report or EMC assessment, must be available prior to the Declaration of Conformity - DoC - is signed, and thus before the product is CE marked.

Only minor technical changes

The new EMC directive entails only minor technical changes compared to EMC Directive 89/336/EEC. However, on some points the new directive is an improvement as the rules are clearer.

The new directive removes some of the difficulties which the current directive imposes on companies. 

Guideline - now part of the directive

A short while after the current EMC directive finally came into force in 1996, a guideline was published which gave recommendations about, and interpretations of, various articles in the EMC directive.

The guideline was not legally binding, as it was not part of the directive. For this reason, the authorities could not use it where devices were to be removed from the market because they did not meet the EMC requirements.

Now, they are able to, as the recommendations and interpretations of the guidelines are both defined and made into part of the directive itself.

Competent Body changes status

According to EMC Directive 89/336/EEC, a Competent Body should be used in connection with the declaration of conformity where harmonised standards are not being used.

In the new Directive 2004/108/EC, Competent Body is changed to Notified Body.

In additional, it is voluntary for manufacturers whether they wish to use a Notified Body to provide an assessment of the technical documentation that forms the basis of the declaration of conformity.

Harmonised standards become voluntary

The new EMC directive does not require the use of harmonised standards.

The manufacturers themselves choose which standards, tests or calculations are to form the basis of the declaration of conformity.

Fulfilment of the requirements of harmonised standards still creates the supposition that the device conforms to the material requirements of the directive, so they do enjoy a certain preferential position.

Requirement for technical documentation

In addition to the Declaration of Conformity - DoC - the manufacturer must, in accordance with the new EMC directive, always draw up technical documentation to demonstrate that the device conforms to the material requirements of the directive.

The documentation must be made available to the competent authorities.

Indication of limitations

Devices which do not conform to the protection requirements for residential areas must be accompanied by a clear indication of this limitation of use. If necessary, this should also be stated on the packaging.

Some equipment is exempt

Equipment that cannot cause or contribute to interference with radio and telecommunication equipment, and which has an inherent immunity to electromagnetic interference, is no longer covered by the EMC directive. Quartz watches are an example.

Fixed installations

Fixed installations are covered by the EMC directive. However, according to the new directive, such installations do not need to be CE marked as they are not transported across borders. Neither a declaration of conformity nor a formal EMC assessment is required prior to building the installation.

EMC analysis and assessment required

On the other hand, the directive demands that the installation be carried out in accordance with good engineering practice, which includes an analysis of the EMC conditions, and that it has been taken into account that the installation must not interfere with radio and telecommunications.

Documentation required

The good engineering practice in fixed installations must be documented, and the documentation must be stored by the person responsible and made available to the relevant authorities.

Important dates for EMC Directive 2004/108/EC:

20 January 2007
2004/108/EC was made national law in all EU countries.

20 July 2007
Companies may opt to use 2004/108/EC or the previous EMC Directive, 89/336/EEC.

1 July 2009
All companies must use 2004/108/EC. 

Contact Test & Consultancy support for more information