1989L0336 — EN — 02.08.1993 — 001.001 — 1
Thisdocumentismeantpurelyasadocumentationtoolandtheinstitutionsdonotassumeanyliabilityforitscontents
►B COUNCIL DIRECTIVE
of 3 May 1989
ontheapproximationofthelawsoftheMemberStatesrelatingtoelectromagneticcompatibility
(89/336/EEC)
(OJ L 139, 23.5.1989, p. 19)
Amended by:
Official Journal
Nopage date
►M1Council Directive 91/263/EEC of 29 April 1991 L 128 1 23.5.1991
►M2Council Directive 92/31/EEC of 28 April 1992 L 126 11 12.5.1992
►M3Council Directive 93/68/EEC of 22 July 1993 L 220 1 30.8.1993
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COUNCIL DIRECTIVE
of 3 May 1989
ontheapproximationofthelawsoftheMemberStatesrelatingto
electromagnetic compatibility
(89/336/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission(1),
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas it is necessary to adopt measures with the aim of progressively
establishing the internal market over a period expiring on 31 December1992; whereas the internal market comprises an area without internalfrontiers in which the free movement of goods, persons, services andcapital is ensured;
Whereas Member States are responsible for providing adequate protec-
tion for radiocommunications and the devices, apparatus or systemswhose performance may be degraded by electromagnetic disturbanceproduced by electrial and electronic apparatus against the degradationcaused by such disturbances;
Whereas Member States are also responsible for ensuring that electric
energy distribution networks are protected from electromagnetic distur-bance with can affect them and, consequently, equipment fed by them;
Whereas Council Directive 86/361/EEC of 24 July 1986 on the initial
stage of the recognition of type-approval for telecommunicationsterminal equipment(
4) covers in particular the signals emitted by such
equipment when it is operating normally and the protection of publictelecommunications networks from harm; whereas it is therefore stillnecessary to provide adequate protection for these networks, includingthe equipment connected to them, against temporary disturbancescaused by signals of an accidental nature that may be emitted by thisequipment;
Whereas in some Member States, mandatory provisions define in partic-
ular the permissible electromagnetic disturbance levels that this equip-ment is liable tocause and its degree o f immunity tosuch signals;whereas these mandatory provisions do not necessarily lead to differentprotection levels from one Member State to another but do, by theirdisparity, hinder trade within the Community;
Whereas the national provisions ensuring such protection must be
harmonized in order to guarantee the free movement of electrical andelectronic apparatus without lowering existing and justified levels ofprotection in the Member States;
Whereas Community legislation as it stands at present provides that,
notwithstanding one of the fundamental rules of the Community,namely the free movement of goods, barriers to intra-Community traderesulting from disparities in national laws on the marketing of productshave to be accepted in so far as those provisions may be recognized asnecessary to satisfy essential requirements; whereas the harmonizationof laws in the case in point must therefore be confined to those provi-sions needed to comply with the protection requirements relating to
(1) OJ NoC 322, 2. 12. 1987, p. 4.
(2) OJ NoC 262, 10. 10. 1988, p. 82 and OJ NoC 69, 20. 3. 1989, p. 72.
(3) OJ NoC 134, 24. 5. 1988, p. 2.
(4) OJ NoL 217, 5. 8. 1986, p. 21.
1989L0336 — EN — 02.08.1993 — 001.001 — 3
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electromagnetic compatibility; whereas these requirements must replace
the corresponding national provisions;
Whereas this Directive therefore defines only protection requirements
relating to electromagnetic compatibility; whereas, to facilitate proof ofconformity with these requirements, it is important to have harmonizedstandards at European level concerning electromagnetic compatibility,so that products complying with them maybe assumed to comply withthe protection requirements; whereas these standards harmonized atEuropean level are drawn up by private bodies and must remain non-binding texts; whereas for that purpose the European Committee forElectrotechnical Standardization (CENELEC) is recognized as thecompetent body in the field of this Directive for the adoption ofharmonized standards in accordance with the general guidelines forcooperation between the Commission and the European Committee forStandardization (CEN) and CENELEC signed on 13 November 1984;whereas, for the purposes of this Directive, a harmonized standard is atechnical specification (European standard or harmonization document)adopted by CENELEC upon a remit from the Commission in accord-ance with the provisions of Council Directive 83/189/EEC of 28 March1983 laying down a procedure for the provision of information in thefield of technical standards and regulations(
1), as last amended by
Directive 88/182/EEC (2), and pursuant to the abovementioned general
guidelines;
Whereas, pending the adoption of harmonized standards for the
purposes of this Directive, the free movement of goods should befacilitated by accepting, as a transitional measure, on a Communitylevel, apparatus complying with the national standards adopted, inaccordance with the Community inspection procedure ensuring thatsuch national standards meet the protection objectives of this Directive;
Whereas the EC declaration of conformity concerning the apparatus
constitutes a presumption of its conformity with this Directive; whereasthis declaration must take the simplest possible form;
Whereas, for apparatus covered by Directive 86/361/EEC, in order to
obtain efficient protection as regards electromagnetic compatibility,compliance with the provisions of this Directive should nevertheless becertified by marks or certificates of conformity issued by bodies notifiedby the Member States; whereas, to facilitate the mutual recognition ofmarks and certificates issued by these bodies, the criteria to be takeninto consideration for appointing them should be harmonized;
Whereas it is nevertheless possible that equipment might disturb radio-
communications and telecommunications networks; whereas provisionshould therefore be made for a procedure to reduce this hazard;
Whereas this Directive applies tothe appliances and equipment co vered
by Directives 76/889/EEC (
3) and 76/890/EEC (4) which relate tothe
approximation of the laws of the Member States relating to radiointerference caused by electrical household appliances, portable toolsand similar equipment and to the suppression of radio interference withregard tofluo rescent lighting luminaires fitted with starters; whereasthose Directive should therefore be repealed,
(1) OJ NoL 109, 26. 4. 1983, p. 8.
(2) OJ NoL 81, 26. 3. 1988, p. 75.
(3) OJ NoL 336, 4. 12. 1976, p. 1.
(4) OJ NoL 336, 4. 12. 1976, p. 22.
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HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
1. ‘apparatus' means all electrical and electronic appliances together
with equipment and installations containing electrical and/or elec-tronic components.
2. ‘electromagnetic disturbance' means any electromagnetic phenom-
enon which may degrade the performance of a device, unit of equip-ment or system. An electromagnetic disturbance may be electromag-netic noise, an unwanted signal or a change in the propagationmedium itself.
3. ‘immunity' means the ability of a device, unit of equipment or
system to perform without degradation of quality in the presence ofan electromagnetic disturbance.
4. ‘electromagnetic compatibility'means the ability of a device, unit of
equipment or system to function satisfactorily in its electromagneticenvironment without introducing intolerable electromagnetic distur-bances toanything in that enviro nment.
5. ‘competent body'means any body which meets the criteria listed in
Annex II and is recognized as such.
6. ‘EC type-examination certificate'is a document in which a notified
body referred to in Article 10 (6) certifies that the type of equipmentexamined complies with the provisions of this Directive whichconcern it.
Article 2
1. This Directive applies toapparatus liable tocause electro magnetic
disturbance or the performance of which is liable to be affected by suchdisturbance.
It defines the protection requirements and inspection procedures relating
thereto.
2. In so far as protection requirements specified in this Directive are
harmonized, in the case of certain apparatus, by specific Directives, thisDirective shall not apply or shall cease to apply with regard to suchapparatus or protection requirements upon the entry into force of thosespecific Directives.
3. Radioequipment used by radioamateurs within the meaning o f
Article 1, definition 53, of the radio regulations in the InternationalTelecommunications Convention, shall be excluded from the scope ofthis Directive, unless the apparatus is available commercially.
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Article 3
Member States shall take all appropriate measures to ensure that the
apparatus referred to in Article 2 may be placed on the market or takeninto service only if it bears the CE marking provided for in Article 10indicating its conformity to all the provisions of this Directive,including the conformity assessment procedures laid down in Article 10,when it is properly installed and maintained and when it is used for thepurposes for which it is intended.
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Article 4
The apparatus referred toin Article 2 shall be soco nstructed that:
(a) the electromagnetic disturbance it generates does not exceed a level
allowing radio and telecommunications equipment and other appa-ratus too perate as intended;
(b) the apparatus has an adequate level of intrinsic immunity to electro-
magnetic disturbance toenable it too perate as intended.
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The principal protection requirements are set out in Annex III.
Article 5
Member States shall not impede for reasons relating to electromagnetic
compatibility, the placing on the market and the taking into service ontheir territory of apparatus covered by this Directive which satisfies therequirements thereof.
Article 6
1. The requirements of this Directive shall not prevent the applica-
tion in any Member State of the following special measures:
(a) measures with regard tothe taking intoservice and use o f the
apparatus taken for a specific site in order to overcome an existingor predicted electromagnetic compatibility problem;
(b) measures with regard to the installation of the apparatus taken in
order to protect the public telecommunications networks orreceiving or transmitting stations used for safety purposes.
2. Without prejudice to Directive 83/189/EEC, Member States shall
inform the Commission and the other Member States of the specialmeasures taken pursuant toparagraph 1.
3. Special measures that have been recognized as justified shall be
contained in an appropriate notice made by the Commission in theOfficial Journal of the European Communities .
Article 7
1. Member States shall presume compliance with the protection
requirements referred toin Article 4 in the case o f apparatus which is inconformity;
(a) with the relevant national standards transposing the harmonized
standards, the reference numbers of which have been published intheOfficial Journal of the European Communities . Member States
shall publish the reference numbers of such national standards;
(b) or with the relevant national standards referred to in paragraph 2 in
sofar as, in the areas co vered by such standards, noharmo nizedstandards exist.
2. Member States shall communicate to the Commission the texts of
their national standards, as referred to in paragraph 1 (b), which theyregard as complying with the protection requirements referred to inArticle 4. The Commission shall forward such texts forthwith to theother Member States. In accordance with the procedure provided for inArticle 8 (2), it shall notify the Member States of those national stan-dards in respect of which there is a presumption of conformity with theprotection requirements referred to in Article 4.
Member States shall publish the reference numbers of those standards.
The Commission shall also publish them in the Official Journal of the
European Communities .
3. Member States shall accept that where the manufacturer has not
applied, or has applied only in part, the standards referred to in para-graph 1, or where no such standards exist, apparatus shall be regardedas satisfying the protection requirements has been certified by themeans of attestation provided for in Article 10 (2).
Article 8
1. Where a Member State or the Commission considers that the
harmo nized standards referred toin Article 7 (1) (a) dono t entirelysatisfy the requirements referred toin Article 4, the Member Stateconcerned or the Commission shall bring the matter before the StandingCommittee set up by Directive 83/189/EEC, hereinafter referred to as‘the Committee', giving the reasons therefor. The Committee shalldeliver an opinion without delay.
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Upon receipt of the Committee’s opinion, the Commission shall informthe Member States as soon as possible, whether or not it is necessary towithdraw in whole or in part those standards from the publicationsreferred toin Article 7 (1) (a).
2. After receipt of the communication referred to in Article 7 (2), the
Commission shall consult the Committee. Upon receipt of the latter’sopinion, the Commission shall inform the Member States as soon aspossible whether or not the national standard in question shall enjoy thepresumption of conformity and, if so, that the references thereof shall bepublished nationally.
If the Commission or a Member State considers that a national standard
no longer satisfies the necessary conditions for presumption of compli-ance with the protection requirements referred to in Article 4, theCommission shall consult the Committee, which shall give its opinionwithout delay. Upon receipt of the latter’s opinion, the Commissionshall inform the Member States as soon as possible whether or not thestandard in question shall continue to enjoy a presumption ofconformity and, if not, that it must be withdrawn in whole or in partfrom the publications referred to in Article 7 (2).
Article 9
1. Where a Member State ascertains that apparatus accompanied by
one of the means of attestation provided for in Article 10 does notcomply with the protection requirements referred to in Article 4, it shalltake all appropriate measures to withdraw the apparatus from themarket, prohibit its placing on the market or restrict its free movement.
The Member State concerned shall immediately inform the Commission
of any such measure, indicating the reasons for its decision and, inparticular, whether non-compliance is due to:
(a) failure to satisfy the protection requirements referred to in Article 4,
where the apparatus does not meet the standards referred to inArticle 7 (1);
(b) incorrect application of the standards referred to in Article 7 (1);
(c) shortcomings in the standards referred to in Article 7 (1) them-
selves.
2. The Commission shall consult the parties concerned as soon as
possible. If the Commission finds, after such consultations, that theaction is justified, it shall forthwith so inform the Member State thattook the action and the other Member States.
Where the decision referred to in paragraph 1 is attributed to shortcom-
ings in the standards, the Commission, after consulting the parties, shallbring the matter before the Committee within two months if theMember State which has taken the measures intends toupho ld them,and shall initiate the procedures referred to in Article 8.
3. Where apparatus which does not comply is accompanied by one of
the means of attestation referred to in Article 10, the competent MemberState shall take appropriate action against the author of the attestationand shall inform the Commission and the other Member States thereof.
4. The Commission shall ensure that the Member States are kept
informed of the progress and outcome of this procedure.
Article 10
1. In the case of apparatus for which the manufacturer has applied
the standards referred to in Article 7 (1), the conformity of apparatuswith this Directive shall be certified by an EC declaration of conformityissued by the manufacturer or his authorized representative establishedwithin the Community. The declaration shall be held at the disposal ofthe competent authority for ten years following the placing of theapparatus on the market.
The manufacturer or his authorized representative established within the
Community shall also affix the ►
M3CE conformity marking ◄to
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the apparatus or else to the packaging, instructions for use or guaranteecertificate.
Where neither the manufacturer nor his authorized representative is
established within the Community, the above obligation to keep the ECdeclaration of conformity available shall be the responsibility of theperson who places the apparatus on the Community market.
The provisions governing the EC declaration and the ►
M3CE
marking ◄are set out in Annex I.
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Member States shall take the necessary measures topro hibit the affixingto apparatus, its packaging, the instructions for use and the guaranteecertificate o f markings which are likely todeceive third parties as tothemeaning and form of the CE marking. Any other marking may beaffixed to the apparatus, its packaging, the instructions for use or theguarantee certificate provided that the visibility and legibility of the CEmarking is not thereby reduced.
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2. In the case of apparatus for which the manufacturer has notapplied, or has applied only in part, the standards referred to in Article 7(1) or failing such standards, the manufacturer or his authorized repres-entative established within the Community shall hold at the disposal ofthe relevant competent authorities, as soon as the apparatus is placed onthe market, a technical construction file. This file shall describe theapparatus, set out the procedures used to ensure conformity of theapparatus with the protection requirements referred to in Article 4 andinclude a technical report or certificate, one or other obtained from acompetent body.
The file shall be held at the disposal of the competent authorities for ten
years following the placing of the apparatus on the market.
Where neither the manufacturer nor his authorized representative is
established within the Community, this obligation to keep a technicalfile available shall be the responsibility of the person who places theapparatus on the Community market.
The conformity of apparatus with that described in the technical file
shall be certified in accordance with the procedure laid down in para-graph 1.
Member States shall presume, subject to the provisions of this para-
graph, that such apparatus meets the protection requirements referred toin Article 4.
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5. The conformity of apparatus designed for the transmission ofradiocommunications, as defined in the International Telecommunica-tion Union Convention, with the provisions of this Directive shall becertified in accordance with the procedure laid down in paragraph 1,once the manufacturer or his authorized representative establishedwithin the Community has obtained an EC type-examination certificateconcerning this apparatus issued by one of the notified bodies referredtoin paragraph 6 belo w.
This provision shall not apply to the above apparatus where it is
designed and intended exclusively for radio amateurs within themeaning of Article 2 (3).
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6.Member States shall notify the Commission and the other MemberStates of the competent authorities referred to in this Article and thebodies responsible for issuing the EC type-examination certificatesreferred toin paragraph 5, to gether with the specific tasks which these
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bodies have been appointed to carry out and the identification numbersassigned to them beforehand by the Commission.
The Commission shall publish in the Official Journal of the European
Communities a list of the notified authorities and bodies with their
identification numbers and the tasks for which they have been notified.The Commission shall ensure that this list is kept up to date.
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Such notification shall state whether those bodies are competent for allapparatus covered by this Directive or whether their responsibility islimited tocertain specific areas.
Member States shall apply the criteria listed in Annex II for the assess-
ment of the bodies to be notified.
Bodies which comply with the assessment criteria fixed by the relevant
harmonized standards shall be presumed to comply with the aforemen-tioned criteria.
A Member State which has notified a body must withdraw approval if it
finds that the body no longer meets the criteria listed in Annex II. Itshall forthwith inform the Commission and the other Member Statesthereof.
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7. Without prejudice to Article 9:
(a) where a Member State or a competent authority establishes that the
CE marking has been affixed unduly, the manufacturer or hisauthorized representative established within the Community shall beobliged to make the product comply as regards the provisionsconcerning the CE marking and to end the infringement underconditions imposed by the Member State;
(b) where non-compliance continues, the Member State must take all
appropriate measures to restrict or prohibit the placing on themarket of the product in question or to ensure that it is withdrawnfrom the market in accordance with the procedures laid down inArticle 9.
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Article 11
Directive 76/889/EEC and Directive 76/890/EEC shall be repealed as
from 1 January 1992.
Article 12
1. By 1 July 1991, Member States shall adopt and publish the laws,
regulations and administrative provisions necessary to comply with thisDirective. They shall inform the Commission thereof.
They shall apply these provisions as from 1 January 1992.
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However, Member States shall, for the period up to 31 December 1995,authorize the placing on the market and/or the putting into service ofapparatus referred to in this Directive conforming to the national regula-tions in force in their territory on 30 June 1992.
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2. Member States shall communicate to the Commission the texts ofthe provisions of national law which they adopt in the field covered bythis Directive.
Article 13
This Directive is addressed tothe Member States.
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ANNEXI
1.EC declaration of conformity
The EC declaration of conformity must contain the following:
— description of the apparatus to which it refers,— reference to the specifications under which conformity is declared, and,
where appropriate, to the national measures implemented to ensure theconformity of the apparatus with the provisions of the Directive,
— identification of the signatory empowered to bind the manufacturer or his
authorized representative,
— where appropriate, reference to the EC type-examination certificate issued
by a notified body.
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2.CE conformity marking
— The CE conformity marking shall consist of the initials ‘CE' taking the
following form:
— If the CE marking is reduced or enlarged the proportions given in the
above graduated drawing must be respected.
— Where apparatus is the subject of other Directives covering other aspects
and which also provide for the CE conformity marking, the latter shallindicate that the appliances are also presumed to conform to those otherDirectives.
— However, where one or more of these Directives allow the manufacturer,
during a transitional period, to choose which arrangements to apply, theCE marking shall indicate conformity only to the Directives applied bythe manufacturer. In this case, particulars of the Directives applied, aspublished in the Official Journal of the European Communities , must be
given in the documents, notices or instructions required by the Directivesand accompanying such apparatus.
— The various components of the CE marking must have substantially the
same vertical dimension, which may not be less than 5 mm.
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ANNEXII
Criteria for the assessment of the bodies to be notified
The bodies designated by the Member States must fulfil the following minimum
conditions:
1. availability of personnel and of the necessary means and equipment;2. technical competence and professional integrity of personnel;3. independence, in carrying out the tests, preparing the reports, issuing the
certificates and performing the verification function provided for in thisDirective, of staff and technical personnel in relation to all circles, groups orpersons directly or indirectly concerned with the product in question;
4. maintenance of professional secrecy by personnel;5. possession of civil liability insurance unless such liability is covered by the
State under national law.
Fulfilment of the conditions under points 1 and 2 shall be verified at intervals by
the competent authorities of the Member States.
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ANNEXIII
Illustrative list of the principal protection requirements
The maximum electromagnetic disturbance generated by the apparatus shall be
such as not to hinder the use of in particular the following apparatus:
(a) domestic radio and television receivers
(b) industrial manufacturing equipment
(c) mobile radio equipment
(d) mobile radio and commercial radiotelephone equipment
(e) medical and scientific apparatus
(f) information technology equipment
(g) domestic appliances and household electronic equipment(h) aeronautical and marine radio apparatus
(i) educational electronic equipment(j) telecommunications networks and apparatus
(k) radio and television broadcast transmitters
(l) lights and fluorescent lamps.
Apparatus, and especially the apparatus referred toin (a) to(l), sho uld be
constructed in such a way that it has an adequate level of electromagneticimmunity in the usual electromagnetic compatibility environment where theapparatus is intended to work so as to allow its unhindered operation taking intoaccount the levels of disturbance generated by apparatus complying with thestandards laid down in Article 7.
The information required to enable use in accordance with the intended purpose
of the apparatus must be contained in the instructions accompanying the appa-ratus.