Out-Law News 1 min. read

Electronic device makers get new compatibility Directive


A revised compatibility law for makers of electronic devices will be in force this month in the EU. It seeks to prevent, for example, microwave ovens interfering with radio reception and radio alarm clocks switching on when a mobile phone is used nearby.

The European commission says that the new Directive on the approximation of the laws of the Member States relating to electromagnetic compatibility – known as the EMC Directive – will greatly simplify regulatory procedures and reduce costs for manufacturers, while increasing information and documentation on products for inspection authorities. It updates and replaces an earlier Directive from 1989.

The law governs the electromagnetic emissions of electrical and electronic equipment and their immunity to interference – basically saying that products must not emit unwanted electromagnetic pollution. Compliant products are identified by a CE logo of at least five millimetres in height. (The letters CE may originally have stood for Communauté Européenne – i.e. French for European Community – but they are not defined and are only intended to be recognisable as a symbol.)

The new Directive comes into force on 20th January 2005, but Member States have until 20th January 2007 to implement it into their domestic laws; and they have until 20th July 2007 to bring its provisions into force.

The new law abolishes two cumbersome conformity assessment procedures for producers which required the mandatory involvement of an independent inspection and verification body, thus reducing costs. Manufacturers will be solely responsible for establishing the conformity of their products and for the CE marking.

Mr Günter Verheugen, Commission Vice-President in charge of Enterprise and Industry, said: "The new directive underlines that reducing the administrative burden for industry is a top priority for the new Commission."

The new Directive also requires manufacturers or their agents to provide inspection authorities with additional means of control, such as clear identification of a product (type, serial number, etc.) and indication of the name and address of the manufacturer or his agent and, if necessary, of the importer established in the territory of the European Union. This improved product traceability will make it easier for the authorities to monitor the market. By eliminating products for which it is difficult at the moment to identify the origin, competition will be on a fairer basis.

The new regime will also provide a harmonised regulatory framework for fixed installations, such as power plants, and for distributed systems like telecommunications or power distribution networks, which are often trans-European.

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