CELEX: 51987PC0527
Language: en
Date: 1987-11-11
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to electromagnetic compatibility (submitted by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  C0MC87 ) 527 final
                                                  Brussels , 11 November 1987
                                   Proposai for a
                                 COUNCIL DIRECTIVE
        on the approximation of the laws of the Member States relating
                        to electromagnetic compatibility
                          ( submitted by the Commission )
                     β: ! ' Δ
                                2 S-JV . ^
C0MC87 ) 527 final
 ---pagebreak---                                            - 1 -
                                                                      С,ОГ*\
                                EXPLANATORY MEMORANDUM
I.  General
    1.  This proposal for a Directive is being sent to the Council by the
        Commission in application of the resolution of 7 May 1985 on a new
                                                                  1
        approach to technical harmonization and standards .
    2.  It applies to a vast range of equipment broadly embracing all
        electrical appliances , apparatus and installations , including
        vehicles , electricity distribution networks and systems of
        communications ( transport - railways ) and telecommunications , in so
        far as they are liable to cause electromagnetic disturbance or their
        performance is liable to be affected by such disturbance .
        It concerns electromagnetic compatibility ( EMC ).
        EMC is a much more general concept than interference as covered by
                                 2   _ _3
        Directives 76 / 889 / EEC and 76 / 890 / EEC and , according to the most
        recent definition given by the International Electrotechnical
        vocabulary ( IEV ), means " the ability of a device , equipment or system
        to function satisfactorily in its electromagnetic environment without
        introducing intolerable electromagnetic disturbances to anything in
         .       •        .. 4
        that environment ".
1  OJ C 136, 4.6.1985, p. 1
2  OJ L 336, 4.12.1976, p. 1
3  OJ L 336, 4.12.1976, p. 22
4  International Electrotechnical Commission , CISPR 77- 1 - IEV 161 - Central
   Office Document 1254- 23-360, October 1986 .
 ---pagebreak---                                     - 2 -
   The electromagnetic environment denotes all the electromagnetic
   phenomena existing at a given place and electromagnetic disturbance
   means " any electromagnetic phenomenon which may degrade the
   performance of a device , equipment or system ...".
   The term " electromagnetic " refers to the frequencies involved and
   covers all frequencies without limitation , including the radioelectric
   frequency range used for telecommunications and located between 9 kHz
   and 400 GHz .
   Consequently the term radio interference found in the two
   above-mentioned Directives will no longer be used . It will be replaced
   by electromagnetic disturbance which acts both by airborne radiation
   and by conduction , the latter affecting more particularly data
   transmission networks and electricity distribution networks and the
   equipment connected to them .
   The concept of EMC embraces both the limitation of the maximum levels
   of disturbance signals and the fixing of a minimum level of immunity
   to those signals and therefore describes the ability of appliances to
   operate compatibly without disturbing each other .
3. Justification for harmonization
   This draft covers the products of several industries such as
   electrical and electronic engineering , whose products include domestic
   appliances and installation equipment , information technology , which
   includes dataprocessing and telecommunications equipment , and major
   infrastructures such as electricity distribution , telecommunications
   and sound and television broadcasting networks . Its economic
   importance and implications are therefore considerable .
   Some of the sectors , and in particular informtion technology , are the
   subject of extremely ambitious Community development programmes .
 ---pagebreak---                                 - 3 -
   Both from the technical angle and as regards procedures, the laws of
   the Member States exhibit striking differences which hamper trade and
   innovation in a sector particularly vulnerable to market
   fragmentation .
   the additional costs incurred in the manufacture of diversified pro¬
   ducts and the delays caused in some cases by the repetition of tests
   reduce the effect of scale economies , delay the marketing of
   innovative products and thereby reduce the competitiveness and slow
   the momentum of firms in this sector . This brake on innovation also
   delays the establishment of modern public infrastructure such as
   certain telecommunications networks which are today a tool vital to
   the economic , technological and social development of the Community .
   Although at the present stage it is difficult to evaluate the costs of
   European fragmentation in these areas , it is sufficiently high to
   justify the completion of harmonization .
   In the field of radio and television , and more particularly as regards
   television receivers and video recorders , several Member States have
   put up barriers to trade which are justified partly by the lack of
   formal harmonization in respect of EMC and which could easily be
   removed if a Directive were adopted .
4. From the outset the Commission has worked in consultation with the
   circles concerned , in particular the CEPT , national administrations ,
   standardizers , the industry and electricity producers .
   The main aim of these consultations was to find a suitable solution
   and above all to observe as far as possible the spirit and the letter
   of the Council Resolution of 7 May 1985 , while bearing in mind the
   specific features of this wide and diversified area of application and
   the special nature of the phenomena involved .
 ---pagebreak---                                               - 4 -
        In general the choices incorporated in this draft have been favourably
        received . In addition , the International Union of Producers and
        Distributors of Electrical Energy ( UNIPEDE ) has given its official
        support to the extension of the Directive to the protection of
        electricity distribution networks by the application of existing or
        future European standards to apparatus connected to those networks .
   5.   Relationship with existing harmonization systems
        This draft overlaps at several points existing Directives harmonizing
        different or partial aspects or phenomena or relating to only some of
        the apparatus covered here .
        Limits on the permissible levels of electrical disturbance are tackled
        by Directives 76 / 889 / EEC on electrical household appliances , portable
        tools and similar equipment and 76 / 890 / EEc on fluorescent lighting
        luminaires fitted with starters . These Directives were adapted to
        technical progress by Directives 87/ 308/ EEC and 87/ 310/ EEC . ^ The
        adaptation replaces their technical annexes by Cenelec European
        standards . This draft embraces the scope of those Directives , which
        will therefore be repealed once it comes into force .
        The suppression of interference from spark-ignition engines ( i.e.
        engines using petrol or gas ) fitted to motor vehicles and wheeled
        agricultural or forestry tractors is harmonized by Directives
        72 / 245/ EEC^ and 75/ 322/ EEC . ^ These are not covered by this draft .
        With regard to phenomena , it should also be pointed out that this
        draft relates exclusively to accidental interference and therefore
        excludes in particular safety and functional signals , i.e. those which
5 OJ  L 155 ,  16.6.1987 , pp . 24 and 27
6 OJ  L 152 ,  6.7.1972 , p. 15
7 OJ  L 147 ,  2.6.1975 , p. 28
  OJ  L 226,   18.8.1976 , p. 16 corrigendum ( English text )
 ---pagebreak---                                           - 5 -
       are wanted and inherent in the operation of the apparatus in the case of
       wired or wireless telecommunications equipment in particular , it also ex¬
       cludes other aspects such as frequency allocation and protocol definition .
                                                                  Q
       This draft therefore complements Directive 86/ 361 / EEC on the initial
       stage of the mutual recognition of type approval for telecommunications
       terminal equipment , which concerns functional signals and safety .
       As for safety in the widest sense of the word , for most of the apparatus
       covered by this draft it is governed by Directive 73/ 23/ EEC9 on the har¬
       monization of the laws of Member States relating to electrical equipment
       designed for use within certain voltage limits ( known as the low-voltage
       Di recti ve ) .
       This draft therefore continues the harmonization work on disturbance
       started in 1976 with Directives 76/ 889 / EEC and 76/ 890/ EEC and usefully
       complements the effects produced by Directives 86 / 361 / EEC and the
       low-voltage Directive .
   6.  The faithfulness of the text to the " model directive "
       ( Annex to the Resolution of 7 May 1985 )
       As in the case of the other proposals for directives based on the new
       approach , the Commission has endeavoured to keep as closely as possible to
       the " model directive ", annexed to the Resolution of 7 May 1985 , while at
       the same time bearing in mind the information and opinions resulting from
       its consultations with the parties concerned .
       First of all it is recognized that the electromagnetic compatibility
       phenomenon has virtually nothing to do with the concept of safety . As in
       the case of Directive 86 / 361 / EEC , therefore , the essential requirements in
       the public interest can be drafted concisely and are confined to the
       definition of protection objectives set out in an article in the
       Directive , while the limit values and measuring methods will have to be
       laid down by the standard .
8 OJ L 217 , 5.8.1986 , p. 21
9 OJ L 77 , 26.3.1973, p. 29
 ---pagebreak---                                 - 6 -
Another question which emerged from the consultations and which arises in
connection with every directive following the new approach concerned the
procedures for the entry into force of the Directive and
its operation for apparatus for which no acceptable national standards nor
European standards are available . In addition, because of the scope and
heterogeneity of the field of application and the diversity of interests
and traditions affected, it is difficult to provide in advance a
certification procedure that will be valid for all apparatus and all
phenomena .
In the light of these problems some delegations were in favour of the
following proposal :
- the Directive would enter into force for each type of apparatus as
   and when the relevant standards ( national or European ) were available ,
   and their references would be published by the Commission in the
   Official Journal of the European Communities ;
- the certification procedure for different types of apparatus would be
   established as and when the national standards were accepted or when
   standardization mandates were conferred on Cenelec .
Although this solution undoubtedly has considerable advantages , it also
has the major drawback of enshrining in legislation a right of initiative
and decisionmaking power conferred on a body in the private sector
( Cenelec ) for the implementation of a Community act .
In accordance with the principles deriving from the model directive , the
formula finally adopted rejects the above-mentioned solution and does not
make the entry into force of the Directive for a specific apparatus
dependent on a standard accepted at Community level .
 ---pagebreak---                                   7
Status cf Standardization
Depending on the category of apparatus , the technical harmonization work
on the standards is being carried out in two different bodies .
The Special International Committee on Radio Interference ( CISPR ) of
Cenelec is working in the field of electrical and electronic apparatus in
general and normally bases its conclusions on the results of the work done
by its counterpart with the same name operating at world level in the
International Electrotechnical Commission ( IEC )„
Standardization in this field is progressing extremely well and Cenelec
has adopted several European standards ( EN ) on radio interference and in
particular the two EN on electrical household appliances and luminaires to
which the two above-mentioned Commission Directives refer .
There are other EN on dataprocessi ng equipment and the protection of
electricity distribution systems . Other work is progressing satisfactorily
on radio and television receivers and work is also under way on
industrial , scientific and medical appliances .
With regard to EMC , Cenelec , in conjunction with the IEC , has started to
evaluate the need for new standards as a result of the adoption of the new
Di rective .
In the case of equipment required to operate in conjunction with
telecommunications networks , the European Conference of Postal and
Telecommunications Administrations CCEPT ) has also started work and says
it is ready to pass on the results to Cenelec so that , like the documents
produced by CISPR , they may acquire the status of a European Standard .
 ---pagebreak--- V  is therefore Likely that close collaboratic ^ will be established
between the two bodies and that suitable arrangements and structures will,
have to be set up or strengthened .
In any case , in view of tM vast field of application , an enormous amount
of work obviously remairs to be done in order to have standards covering
all the apparatus and phenomena in question .
                    /■/
                   s ,'
                       ' '
              S '■
 ---pagebreak---                                   PROPOSAL FOR A
                                COUNCIL DIRECTIVE
              on the approximation of the laws of the Member States
                    relating to electromagnetic compatibility
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 ,
Having regard to the opinion of the Economic and Social Committee ,
     Whereas it is necessary to adopt measures for the progressive establish ¬
ment of the internal market during a period expiring on 31 December 1992 ;
whereas the internal market signifies an area without internal frontiers in
which the free movement of goods , persons , services and capital is
guaranteed ;
     Whereas Member States have the responsibility of providing adequate pro¬
tection for radiocommunications and the devices , apparatus or systems whose
performance may be degraded by electromagnetic disturbance produced by elect ¬
rical and electronic apparatus against the degradation caused by such
di sturbances ;
     Whereas Council Directive 86 / 361 / EEC of 24 July 1986 on the initial stage
of the recognition of type approval for telecommunications terminal equip¬
ment^ covers in particular the signals emitted by such equipment when it is
operating normally and the protection of public telecommunications networks
from harm ; whereas it is therefore still necessary to provide adequate pro¬
tection for these networks , including the equipment connected to them, against
temporary disturbances caused by signals of an accidental nature that may be
emitted by this equipment ;
1
2
30J No L 217, 5.8.1986, p. 21 .
 ---pagebreak---                                         - “0 -
    Whereas in some Member States mandatory provisions define in particular the
permissible electromagnetic disturbance levels that this equipment is liable to
cause and its degree of immunity to such signals ; whereas these mandatory pro¬
visions do not necessarily lead to different protection levels from one Member
State to another but do by their disparity hinder trade within the Community ;
    Whereas the national provisions ensuring such protection must be harmonized
in order to guarantee the free movement of electrical and electronic apparatus
without lowering existing and justified levels of protection in the Member
States ;
    Whereas Community legislation as it stands at present provides that , not ¬
withstanding one of the fundamental rules of the Community , namely the free move¬
ment of goods , barriers to intra-Community trade resulting from disparities in
national laws on the marketing of products had to be accepted in so far as those
provisions may be recognized as necessary to satisfy essential requirements ;
whereas the harmonization of laws in the present case must therefore be confined
to those provisions needed to comply with the protection objectives relating to
electromagnetic compatibility ; whereas these requirements must replace the
corresponding national provisions ;
    Whereas this Directive therefore defines only protection objectives relating
to electromagnetic compatibility ; whereas to facilitate proof of conformity with
these objectives it is important to have harmonized standards at European level
concerning electromagnetic compatibility , so that products complying with them
may be assumed to comply with the protection objectives ; whereas these standards
harmonized at European level are drawn up by private bodies and must remain
non-mandatory texts ; whereas for that purpose the European Committee for Electro¬
technical Standardization ( CENELEC ) is recognized as the competent body in the
 ---pagebreak--- area of this Directive for        the adoption of harmonized standards in
accordance with the general       guidelines for cooperation between the
Commission and the European       Committee , for Standardization ( CEN ) and
CENELEC signed on 13 November 1984; whereas for the purposes of this Directive a
harmonized standard is a technical specification ( European standard or harmoniz¬
ation document ) adopted by CENELEC upon a remit from the Commission in accordance
with the provisions of Council Directive 83 / 189/ EEC of 28 March 1983 laying down
a procedure for the provision of information in the field of technical standards
                4
and regulations and pursuant to the abovementioned general guidelines ;
     Whereas pending the adoption of harmonized standards for the purposes of this
Directive it is desirable to facilitate the free movement of goods by accepting
within the Community products in conformity with the selected national standards ,
as a transitional measure , through a Community inspection procedure ensuring that
the nationl standards satisfy the protection objectives of this Directive ;
     Whereas the manufacturer 's declaration of conformity accompanying the
apparatus constitutes a presumption of its conformity with this Directive ;
     Whereas for apparatus covered by Directive 83 / 361 / EEC in order to obtain
efficient protection as regards electromagnetic compatibi lity , compliance with the
provisions of this Directive should nevertheless be certified by marks or certi ¬
ficates of conformity issued by bodies notified by the Member States ; whereas to
facilitate the mutual recognition of marks and certificates issued by these
bodies the criteria to be taken into consideration for appointing them should be
harmonized ;
     Whereas it is nevertheless possible that equipment might disturb radio¬
communications and telecommunications networks ; whereas provision should
therefore be made for a procedure to reduce this hazard;
     Whereas this Directive applies to the appliances and equipment covered by
Council Directives 76/ 889/ EEC and 76/ 890/ EEC 5 which relate to the approxi ¬
mation of the laws of the Member States relating to radio interference caused by
4 0J No L 109, 26.4.1983, p. 8 .
50J No L 336, 4.12.1976, pp . 1 and 22 .
 ---pagebreak---                                                  12 -
electrical household appliances , portable tools and similar equipment and
to the suppression of radio interference with regard to fluorescent
lighting luminaires fitted with starters ; whereas those Directives should
therefore be repealed ,
      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 electronic
    components .
2.    " Electromagnetic disturbance " : means any electromagnetic phenomenon which may
      degrade the performance of a device , equipment or system , or adversely affect
      living or inert matter . An electromagnetic disturbance may be electromagnetic
      noise , an unwanted signal or a change in the propagation medium itself .
3.    " Immunity " : means the ability of a device , equipment or system to perform
      without degradation in the presence of an electromagnetic disturbance .
4.    " Electromagnetic compat ibi l ity " : means the ability of a device , equipment
      or system to function satisfactorily in its electromagnetic environment
      without introducing intolerable electromagnetic disturbances to anything in
      that environment .
 ---pagebreak---                                               13 -
                                      Artide 2
1 . This Directive applies to apparatus liable to cause electromagnetic
      disturbance or the performance of which is liable to be affected by such
      di sturbance .
      It defines the protection objectives and inspection procedures relating
      thereto .
2. Motor vehicles covered by Council Directive 72/245 / EEC6 and wheeled agri ¬
      cultural or forestry tractors covered by Council Directive 75 /322/EEC7 do
      not fall within the scope of this Directive .
                                        Article 3
Member States shall take all necessary measures to ensure that apparatus as
referred to in Article 2 may be placed on the market and taken into service only
if it complies with the objectives laid down by this Directive when it is
properly installed and maintained and when it is used for the purposes for which
it is intended .
                                        Article 4
The apparatus referred to in Article 2 shall comply with the following protection
objectives :
( a ) the electromagnetic disturbance it generates shall not exceed a level
      allowing radio and telecommunications equipment and other apparatus to
      operate as intended ;
60J No L 152, 6.7.1972, p. 15 .
70J No L 147, 9.6.1975, p. 28 .
 ---pagebreak---                                                  14 -
( b ) the apparatus shall, have an adequate level of intrinsic immunity to
      electromagnetic disturbance .
                                         Article 5
Member states shall not impede the placing on the market and the taking into
serv/ ce on their territory of apparatus which satisfy the requirements of this
Directive .
                                         Article 6
The provisions of this Directive shall not prevent the application of special
measures concerning the use of apparatus taken in each Member State in order to
protect reception in the case of public-service stations or emergency operations .
The Member States shall inform the Commission of the special measures they have
taken .
                                         Artide 7
1.    Member States shall presume compliance with the protection objectives
      referred to in Article 4 in the case of apparatus accompanied by one of the
      means of attestation described in Article 10 declaring that they are in
      conformity :
      ( a ) with the relevant national standards transposing the harmonized
            standards , the reference numbers of which have been published in the
            Official 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
            so far as , in the areas covered by such standards , no harmonized
            standards exist .
 ---pagebreak---                                               15 -
2 . Member States shall communicate to the Commission the texts of their national
    standards, as referred to in paragraph 1(b), which they regard as complying
    with the protection objectives referred to in Article A. The Commission shall
    forward such texts forthwith to the other Member States . In accordance with
    the procedure provided for in Article 8(2 ), it shall notify the Member States
    of those national standards in respect of which there is a presumption of
    conformity with the protection objectives referred to in Article A.
    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 paragraph 1, or where
    no such standards exist , apparatus shall be regarded as satisfying the
    objectives referred to in Article A where their conformity with those
    objectives has been certified by the means of attestation provided for in
    Article 10(2 ).
                                         Article 8
1.  Where a Member State or the Commission considers that the harmonized
    standards referred to in Article 7(1)(a ) do not entirely satisfy the
    objectives referred to in Article A , the Member State concerned or the
    Commission shall bring the matter before the Standing Committee set up by
    Directive 83/ 189/ EEC , hereinafter referred to as " the Committee ", giving the
    reasons therefor . The Committee shall deliver an opinion without delay .
    Upon receipt of the Committee 's opinion , the Commission shall inform the
    Member States whether or not it is necessary to withdraw those standards from
    the publications referred to in 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 's opinion, the
    Commission shall inform the Member States whether or not the national
    standard in question shall enjoy the presumption of conformity and, if so,
    that the references thereof shall be published nationally .
 ---pagebreak---                                             16 -
   If the Commission or a Member State considers that a national standard no
   longer satisfies the necessary conditions for presumption of compliance with
   the objectives referred to in Article 4 , the Commission shall consult the
   Committee . Upon receipt of the latter 's opinion , the Commission shall inform
   the Member States whether or not the standard in question shall continue to
   enjoy a presumption of conformity and , if not , that it must be withdrawn from
   the publications referred to in Article 7(2 ).
                                        Article 9
1. Where a Member State ascertains that an apparatus accompanied by one of the
   means of attestation provided for in Article 10 does not comply with the
   protection objectives referred to in Article 4 , it shall take all appropriate
   measures to withdraw the apparatus from the market , 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 , in particular ,
   whether non-compliance is due to :
   ( a ) failure to satisfy the objectives referred to in Article 4 , where the
         apparatus does not meet the standards referrd to in Article 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 ) themselves .
2. The Commission shall consult the parties concerned as soon as possible . If
   the Commission finds , after such consultations , that the action is justified ,
   it shall forthwith inform the Member State that took the action and the other
   Member States .
   Where the decision referred to in paragraph 1 is attributed to shortcomings
   in the standards , the Commission , after consulting the parties concerned ,
   shall bring the matter before the Committee within two months if the Member
   State which has taken the measures intends to uphold them and shall initiate
   the procedures referred to in Article 8 .
 ---pagebreak--- 3 . Where apparatus which does not comply is accompanied by one of the means of
    attestation referred to in Article 10, the competent Member State shall take
    appropriate action against the author of the attestation and 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.  The conformity of apparatus with the protection objectives in Article 4 shall
    be certified by a declaration of conformity issued by the manufacturer or his
    agent established within the Community , which shall appear in the
    instructions for use or on the guarantee certificate , the apparatus itself or
    the packaging . A model declaration is given in Annex I.
2.  In the case of apparatus for which the manufacturer has not applied , or has
    applied only in part , the standards referred to in Article 7(1 ), or where no
    such standards exist , the manufacturer or his agent established within the
    Community shall , in addition to the declaration of conformity referred to in
    paragraph 1 , hold at the disposal of the competent national authority a
    technical file setting out the procedures used to ensure conformity of the
    apparatus with the protection objectives referred to in Article 4 .
3.  Notwithstanding paragraph 1 , conformity of apparatus covered by
    Directive 86 / 361 / EEC with the protection objectives referred
    to in Article 4 shall be certified by certificates or marks
    of conformity issued by bodies notified by each Member State to the other
    Member States and to the Commission .
4.  Each Member State shall notify the Commission and the other Member States of
    the bodies responsible for issuing certificates and marks of conformity . The
    Commission shall publish a list of those bodies , for information purposes , in
    the Official Journal of the European Communities and shall ensure that the
    list is updated .
 ---pagebreak---                                                    18
        Annex II sets out the minimum criteria which the Member States must meet as
        regards the approval of certification bodies . These criteria shall be
        applicable only until European standards on the subject have been adopted by
        the European standards institutions .
                            /
   5.   A Member State which has approved an inspection body must withdraw approval
                      /
        if it finds that the body no longer meets the criteria listed in Annex II . It
        shall fo'-t'hwith inform the Commission and the other Member States thereof .
                                              Article 11
/'
       Directive  76 / 889 / EEC and Directive 76 / 890 / EEC shall be repealed on
       1 January 1990 .
                                              Article 12
   1.  Member States shall bring into force the laws , regulations and administrative
       provisions necessary in order to comply with this Directive by 1 January 1990 .
       They shall inform the Commission thereof .
   2.  Member States shall ensure that the texts of the provisions of national law
       which they adopt in the field covered by this Directive are communicated to
       the Commission .
                                              Article 13
   This Directive is addressed to the Member States .
 ---pagebreak---                                                                  ANNEX J.
              Recommended example of a form of Declaration of Conformity
We
                                        ( Suppliers name )
                                             ( Address )
declare under our sole responsibility that the product
       ( name ;* type or model^. lotand/ numbers
                                          batch or ofserial
                                                          items )
                                                                  number^ possibly sources
to which this declaration relates is in conformity with the following
speci f i cation(s )
                    (ti 1 1e)                               Cn° )                   ( уео г )
                   ( cl asse )                               fcatego'-y ) ( if applicable )
                                                      ( name of the authorized officer )
                                                   ( function of the authorized officer )
                                                                          ( date )
                                                                      ( signature )
 ---pagebreak---                                          20 -
                                                                 ANNEX II
          MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES
                       WHEN APPOINTING INSPECTION BODIES
1. The certification body , its director and the staff responsible for
   carrying out the verification tests shall not be the designer , manufac ¬
   turer , supplier or installer of apparatus which they test , nor the
   authorized representative of any of those parties . They shall not become
   directly involved in the design , construction , marketing or maintenance of
   the apparatus , nor represent the parties engaged in these activities . This
   does not preclude the possibility of exchanges of technical information
   between the manufacturer and the certification body .
2. The certification body and its staff must carry out the verification tests
   with the highest degree of professional integrity and technical competence
   and must be free from all pressures and inducements , particularly finan ¬
   cial , which might influence their judgment or the results of the certifi ¬
   cation , especially from persons or groups of persons with an interest in
   the result of verifications .
3. The certification body must have at its disposal the necessary staff and
   possess the necessary facilities to enable it to perform properly the
   administrative and technical tasks connected with verification : it must
   also have access to the equipment required for special verification .
4. The staff responsible for certification must have :
   - sound technical and professional training ;
   - satisfactory knowledge of the requirements of the tests they carry
     out and adequate experience of such tests ;
   - the ability to draw up the certificates , records and reports required
     to authenticate the performance of the tests .
5. The impartiality of certification staff must be guaranteed . Their remun ¬
   eration must not depend on the number of tests carried out nor on the
   results of such tests .
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6. The certification body must take out liability insurance unless its
   liability is assumed by the State in accordance with national law , or the
   Member State itself is directly responsible for the tests .
7. The staff of the certification body is bound to observe professional
   secrecy with regard to all information gained in carrying out its tasks
   ( except vis - a - vis the competent administrative authorities of the State in
   which its activities are carried out ) under this Directive or any
   provision of national law giving effect to it .
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                            Financial statement
Proposal for a Council Directive on the approximation of the laws
of the Member States relating to electromagnetic compatibility .
1.  Introduction
The proposal for a Directive on electromagnetic compatibility defines
the protection objectives to be satisfied by electrical and electronic
equipment . Article 7 of the proposal makes a general reference , as
a matter of priority , to European standards or , as a transitional
measure , to national standards where no European standards exist .
Equipment manufactured in accordance with those standards is
presumed to comply with the relevant protection objectives in
the Directive .
The Commission intends to contribute to the strengthening of
European standardization by giving CENELEC the task of preparing
the necessary harmonized standards in this sector in accordance
with the general guidelines for cooperation between the Commission ,
CEN and CENELEC approved on 13 November 1984 . The work will be
carried out under remits given to CENELEC in application of the
framework contracts signed on 10 October 1985 . which make
provision for financial support by the Commission .
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The work described below , which is of limited duration , has to
be incorporated into the general management of the Directive ,
which is a long-term task .
The figures given are no more than approximate estimates since
the planning of European standardization is still in progress .
2.   Budget headings
Article 775 : Community projects concerning the internal market
Item 7750 :    Harmonization of legislation on industrial and
               professional matters
               Multiannual project to strengthen European
               standardization bodies .
3.   Legal basis
3.1 Council resolution of 7 May 1985 on a new approach to
     technical harmonization and standards^
3.2 Directive to be adopted by the Council on the approximation
     of the laws of the Member States relating to electromagnetic
     compatibi lity .
4 . _Pr oposed classification
Non-compulsory expenditure .
1 0J No C 136 , 4.6.1985 .
 ---pagebreak--- 5.   Description and justification of the project
5.1   Objectives
      The planned activities should contribute to the preparation
      of harmonized standards meeting the Directive 's protection
     objectives , without which it will be very difficult to
      implement the Directive . The harmonized standards will
     also help to strengthen the competitiveness of European
     i ndustry .
5.2  Persons concerned
     Pursuant to the Council resolution of 7 May 1985 , the
     standardization work is not the responsibility of the
      Commission but of the European standards institutes .
6.  Type of expenditure and method of calculation
6.1 Type
    Standardization remits in implementation of the framework
    contract of 10 October 1985 between the Commission and
    CEN / CENELEC .
6.2 Calculation
    The amount to be paid for the services will be determined for each
    standardization request in the light of the work commissioned from
    the contractors .
    It includes the costs incurred by the central units of the European
    standards institutes in carrying out the standardization programmes
    entrusted to them and a contribution to the costs of committees and
    technical working parties for the implementation of these programmes .
    Specific costs for experts entrusted with particular work in this
    context may be added to those costs .
    The costs are calculated on the basis of " man / month " units ; the unit is
    currently 5 000 ECU .
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     The work of producing harmonized standards will certainly continue
     beyond the first four years .
7.   Financial implicat i ons for operating a ppropriations
     7.1     Timetable of commitment and payment appropriations ( Item 7750 )
                         Commitment appropriations        Payment appropriations
                                 ( ECU )                             ( ECU )
   1988                          100 000                             50 000
   1989                          100 000                           1 50 000
   1990                          200 000                           1 50 000
   1991                          100 000                           100 000
   1992                             p. m .                           50 000
                                 500 000                           500 000
     7.2     Proportion financed from the Community budget
             Since those involved in the standardization work in principle pay
             their own costs , the Community contribution to the financing of the
             work should not exceed 50X of    the total costs . It should be noted ,
             however , that the Community contribution will be reduced if the EFTA
             countries decide to participate in this standardization work .
 8 . Comments
      None .
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9. Financial implications for staff and current administrative
   appropriations         ”                                  ~~
   9.1  Staff working exclusively on the project
        This project also involves administrative work for the
        directive on electromagnetic compatibility which will
        call for the continuous participation of the relevant
        Commission departments .
        From 1986 , these tasks will account for the work of one
        category A official for six months a year and one category
        B official full-time .
   9.2 and 9.3 Staff and operating appropriations
        The necessary appropriations are estimated at 120 000 ECU a year .
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                    FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
1•   Quelle est la justification principale de La mesure ?
     La production d' appareils électriques et électroniques occupe au sein de
     l' industrie communautaire une place importante . Le volume des échanges
     commerciaux intra-communaytai res relatifs à ces appareils représente
     près de de la moitié de la production dans ce s,ecteur .
     Or , dans les divers Etats Membres , tes législations nationales en
     matière de compatibilité électromagnétique        divergent considérablement
     tant en ce qui concerne les niveaux admissibles des perturbations
     provoquées par ces appareils et leur dégré d' immunité contre ces signaux
     qu' en ce qui concerne la certification . Bien que ces législations ne
     conduisent pas nécessairement à des niveaux de protection différents
     d' un Etat membre à l' autre , en raison de leur disparité , elles gênent le
     commerce intracommunautaire en entraînant des entraves techniques à la
     libre circulation de marchandises à l' intérieur de la Communauté et
     s' opposent ainsi à l' achèvement du Marché Intérieur .
     La présente proposition de directive cherche à assurer la libre mise sur
     le marché ainsi que la mise en service et l' utilisation des appareils
     répondant aux objectifs de protection qu' elle a établi et qui doivent
     être dûment attestés .
II . Charactéri stiques des entreprises concernées . En particulier :
     Y a - t - il un grand nombre de PME ?
     Dans le secteur électrotechnique , il existe des entreprises de toutes
     tailles dont également de petits et moyens entreprises , notamment dans
     le secteur des petits appareils électriques .
     Note - t - on des concentrations dans des régions :
     - éligibles aux aides régionales des E.M. ?
        Non .
     - éligibles au Feder ?
        Non .
III . Quelles sont les obligations imposées directement aux entreprises ?
       A partir de la date de mise en vigueur de la présente directive , tout
       appareil visé devra être conçu et construit de façon telle qu' il
       satisfasse aux dispositions de la directive . Chacun des appareils
       fabriqués devra être accompagné d' une déclaration de conformité établie
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      par Le fabricant . Un grand effort s' imposera aux fabricants pour que
       Leur production puisse satisfaire aux objectifs de protection . Notons ,
      cependant , qu' il existe déjà une Législation communautaire en matière
      de perturbations radioélectriques produites par des appareils
      électrodomestiques , outils portatifs et appareils similaires ainsi que
      des luminaires à . f luorescence ( 76 / 889 / CEE , 76 / 890 / CEE ), qui couvre une
      partie importante de la production visée en ce qui concerne certains
      aspects de la compatibilité électromagnétique .
IV .  Quelles sont les obligations susceptibles d' être imposées indirectement
      aux entreprises via les autorités locales ?
      L' application de la directive dans chaque Etat Membre se réalise par la
      transposition de ses dispositions dans la législation nationale .
      L' utilisation des appareils peut faire l' objet de mesures spéciales
      prises dans chaque Etat membre en vue de protéger la réception , dans le
      cas de station - d' utilité publique ou destinées à des opérations de
      secours . La Commission doit être informée de telles mesures .
V.    Y a - t - il des mesures spéciales pour les PME ?
      Non .
VI .  Quel est l' effet prévisible ?
      - sur la compétitivité des entreprises ?
      L' établissement d' objectifs communautaires de protection concrétisés
      par des normes techniques harmonisées ou provisoirement par des normes
      nationales reconnues sur le plan communautaire , assure la mise sur le
      marché de produits plus performants et facilite l' orientation de la
      production ce qui constitue un avantage indéniable pour les entreprises
      et les utilisateurs . En outre , la mise sur le marché des appareils
      déclarés conformes à la directive sera simplifiée et accélérée ce qui
      conduira à une diminution des coûts de commercialisation de la part des
      fabricants , importateurs et revendeurs .
      - sur l' emploi ?
      L' amélioration de la qualité des produits et la diminution des coûts de
      commercialisation devraient conduire à une amélioration générale de la
      compétitivité des entreprises européennes concernées et dont                on peut
      espérer un effet favorable sur le marché du travail .
VII . Les partenaires sociaux ont -ils été consultés ?
      /“ Des experts du CENELEC - dans lequel sont représentés les organismes
      de normalisation des Etats membres - ont participé à la préparation de
      la présente proposition de directive . /