Draft guidance document on the ElectroMagnetic Compatibility Directive transition from 2004/108/EC to 2014/30/EU.
The new Electromagnetic Compatibility Directive 2014/30/EU(1) is the result of the alignment of the previous Electromagnetic Compatibility Directive 2004/108/EC to the "New Legislative Framework" (NLF), in particular to Decision No 768/2008/EC3, as well as to the provisions of the Treaty on the Functioning of the European Union (TFEU) after the Treaty of Lisbon.
Being the result of an alignment and a recast, the main changes in the new Directive 2014/30/EU with respect to the previous Directive 2004/108/EC are quite limited, and do not concern the most substantial characteristics of the act that remain the same: scope, essential requirements and conformity assessment procedure.
The main changes are the following:
- Reference number: according to the model YYYY /No/UE
- Definitions: horizontal additions from the NLF
- Economic operators (manufacturers, authorised representatives, importers, distributors) and their obligations: more detailed descriptions from the NLF
- Harmonised standards and presumption of conformity: reference to Regulation (EU) No 1025/2012 on European Standardisation(4)
- CE marking: reference to Regulation (EC) No 765/2008(5)
- Notified bodies: interpretation of the requirements and procedures of Decision 768/2008 in the context of EMC.
- Market surveillance and safeguard procedure: reinforced activities and new simplified procedures (also related to the "Product safety and market surveillance package"(6) )
- Committee on Electromagnetic Compatibility and implementing acts: reference to Regulation (EU) No 182/20117 ("Comitology") concerning Commission Implementing Decisions on formal objections against harmonised standards and safeguard clauses against products
- EU declaration of conformity: more detailed contents, and a model, from Decision 768/2008
- EU-type examination certificate: conditions on validity and date of expiry from the NLF
The new Electromagnetic Compatibility Directive 2014/30/EU is applicable from 20 April 2016.
This document includes a list of "Frequently Asked Questions and Answers" on the transition to the Electromagnetic Compatibility Directive 2014/30/EU, which covers both "horizontal" and "sectorial" questions, this is to say, those common to all the EU legislation aligned to the "New Legislative Framework"8 and those specifically related to Directive 2014/30/EU.
It reflects the result of ongoing discussions, notably at the workshop on the transition to the new EMCD 2014/30/EU held on 12 November 2014.
European Commission 2016