- Latest available (Revised)
- Point in Time (15/12/2004)
- Original (As adopted by EU)
Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC (Text with EEA relevance) (repealed)
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Version Superseded: 20/04/2016
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Equipment shall be so designed and manufactured, having regard to the state of the art, as to ensure that:
the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended;
it has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended use.
Installation and intended use of components
A fixed installation shall be installed applying good engineering practices and respecting the information on the intended use of its components, with a view to meeting the protection requirements set out in Point 1. Those good engineering practices shall be documented and the documentation shall be held by the person(s) responsible at the disposal of the relevant national authorities for inspection purposes for as long as the fixed installation is in operation.
The technical documentation must enable the conformity of the apparatus with the essential requirements to be assessed. It must cover the design and manufacture of the apparatus, in particular:
a general description of the apparatus;
evidence of compliance with the harmonised standards, if any, applied in full or in part;
where the manufacturer has not applied harmonised standards, or has applied them only in part, a description and explanation of the steps taken to meet the essential requirements of the Directive, including a description of the electromagnetic compatibility assessment set out in Annex II, point 1, results of design calculations made, examinations carried out, test reports, etc.;
a statement from the notified body, when the procedure referred to in Annex III has been followed.
The EC declaration of conformity must contain, at least, the following:
a reference to this Directive,
an identification of the apparatus to which it refers, as set out in Article 9(1),
the name and address of the manufacturer and, where applicable, the name and address of his authorised representative in the Community,
a dated reference to the specifications under which conformity is declared to ensure the conformity of the apparatus with the provisions of this Directive,
the date of that declaration,
the identity and signature of the person empowered to bind the manufacturer or his authorised representative.
The ‘CE’ marking shall consist in the initials ‘CE’ taking the following form:
The ‘CE’ marking must have a height of at least 5 mm. If the ‘CE’ marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
The ‘CE’ marking must be affixed to the apparatus or to its data plate. Where this is not possible or not warranted on account of the nature of the apparatus, it must be affixed to the packaging, if any, and to the accompanying documents.
Where the apparatus is the subject of other Directives covering other aspects and which also provide for the ‘CE’ marking, the latter shall indicate that the apparatus also conforms with those other Directives.
However, where one or more of those Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the ‘CE’ marking shall indicate conformity only with the Directives applied by the manufacturer. In that case, particulars of the Directives applied, as published in the Official Journal of the European Union, must be given in the documents, notices or instructions required by the Directives and accompanying such apparatus.
availability of personnel and of the necessary means and equipment;
technical competence and professional integrity of personnel;
independence in preparing the reports and performing the verification function provided for in this Directive;
independence of staff and technical personnel in relation to all interested parties, groups or persons directly or indirectly concerned with the equipment in question;
maintenance of professional secrecy by personnel;
possession of civil liability insurance unless such liability is covered by the Member State under national law.
Directive 89/336/EEC | This Directive |
---|---|
Article 1, point 1 | Article 2(1)(a), (b) and (c) |
Article 1, point 2 | Article 2(1)(e) |
Article 1, point 3 | Article 2(1)(f) |
Article 1, point 4 | Article 2(1)(d) |
Article 1, points 5 and 6 | - |
Article 2(1) | Article 1(1) |
Article 2(2) | Article 1(4) |
Article 2(3) | Article 1(2) |
Article 3 | Article 3 |
Article 4 | Article 5 and Annex I |
Article 5 | Article 4(1) |
Article 6 | Article 4(2) |
Article 7(1)(a) | Article 6(1) and (2) |
Article 7(1)(b) | - |
Article 7(2). | - |
Article 7(3) | - |
Article 8(1) | Article 6(3) and (4) |
Article 8(2) | - |
Article 9(1) | Article 10(1) and (2) |
Article 9(2) | Article 10(3) and (4) |
Article 9(3) | Article 10(5) |
Article 9(4) | Article 10(3) |
Article 10(1), first sub-paragraph | Article 7, Annexes II and III |
Article 10(1), second sub-paragraph | Article 8 |
Article 10(2) | Article 7, Annexes II and III |
Article 10(3) | - |
Article 10(4) | - |
Article 10(5) | Article 7, Annexes II and III |
Article 10(6) | Article 12 |
Article 11 | Article 14 |
Article 12 | Article 16 |
Article 13 | Article 18 |
Annex I, point 1 | Annex IV, point 2 |
Annex I, point 2 | Annex V |
Annex II | Annex VI |
Annex III, last paragraph | Article 9(5) |
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