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

No C 322/4                               Official Journal of the European Communities                                  2.12.87
                                                                II
                                                         (Preparatory Acts)
                                                   COMMISSION
              Proposal for a Council Regulation extending the period referred to in Articles 90 (1) and
                                     257 (1) of the Act of Accession of Spain and Portugal
                                                        COM(87)     539final
                              (Submitted by the Commission to the Council on 10 November 1987).
                                                          (87/C 322/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             whereas the period in question should therefore be
                                                                     extended as authorized under the Act; whereas, since the
Having regard to the Act of Accession of Spain and                   difficulties experienced have not been the same in both
Portugal, and in particular Articles 90 (2) and 257 (2)              Member States and have varied according to the group
thereof,                                                             of products concerned, the transitional period should be
                                                                     extended by two years in the case of Spain and three
Having regard to the proposal from the Commission,                   years in the case of Portugal,
Having regard to the opinion of the European Par-                    HAS ADOPTED THIS REGULATION:
liament,
                                                                                                Article 1
Whereas Articles 90 (1) and 257 (1) of the Act of
Accession provide, in the case of Spain and Portugal                 The period which is referred to in Article 90 (1) of the
respectively, that transitional measures may be adopted              Act of Accession and which is applicable with regard to
during a certain period in order to facilitate the passage           Spain is hereby extended until 31 December 1989.
from the national arrangements applicable at the time of             The period which is referred to in Article 257 (1) of the
accession to the EEC market arrangements applicable                  Act of Accession and which is applicable with regard to
under the Act, particularly in order to deal with                    Portugal is hereby extended until 31 December 1990.
appreciable difficulties arising from the application of the
new arrangements on the scheduled date; whereas the                                             Article 2
period in question expires on 31 December 1987;
                                                                     This Regulation shall enter into force on 1 January 1988.
Whereas those difficulties cannot, in the case of certain            This Regulation shall be binding in its entirety and
groups of products, be overcome by the scheduled date;               directly applicable in all Member States.
              Proposal for a Council Directive on the approximation of the laws of the Member States
                                            relating to electromagnetic compatibility
                                                        COM(87)     527final
                              (Submitted by the Commission to the Council on 12 November 1987)
                                                          (87/C 322/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Having regard to the opinion of the Economic and
                                                                     Social Committee,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100A
thereof,                                                             Whereas it is necessary to adopt measures for the
                                                                     progressive establishment of the internal market during a
                                                                     period expiring on 31 December 1992; whereas the
Having regard to the proposal from the Commission,                   internal market signifies an area without internal
                                                                     frontiers in which the free movement of goods, persons,
In cooperation with the European Parliament,                         services and capital is guaranteed;
 ---pagebreak--- 2.12. 87                                Official Journal of the European Communities                                No C 322/5
Whereas Member States have the responsibility of                   recognized as the competent body in the area of this
providing adequate protection for radiocommunications              Directive for the adoption of harmonized standards in
and the devices, apparatus or systems whose per-                   accordance with the general guidelines for cooperation
formance may be degraded by electromagnetic                        between the Commission and the European Committee
disturbance produced by electrical and electronic                  for Standardization (CEN) and Cenelec signed on 13
apparatus against the degradation caused by such dis-              November 1984; whereas for the purposes of this
turbances;                                                         Directive a harmonized standard is a technical
                                                                   specification (European standard or harmonization
                                                                   document) adopted by Cenelec upon a remit from the
Whereas Council Directive 86/361/EEC of 24 July 1986               Commission in accordance with the provisions of
on the initial stage of the recognition of type approval           Council Directive 83/189/EEC of 28 March 1983 laying
for telecommunications terminal equipment (') covers, in           down a procedure for the provision of information in the
particular, the signals emitted by such equipment when it          field of technical standards and regulations (2) and
is operating normally and the protection of public                 pursuant to the abovementioned general guidelines;
telecommunications networks from harm; whereas it is
therefore still necessary to provide adequate protection
for these networks, including the equipment connected              Whereas, pending the adoption of harmonized
to them, against temporary disturbances caused by                  standards, for the purposes of this Directive, it is
signals of an accidental nature that may be emitted by             desirable to facilitate the free movement of goods by
this equipment;                                                    accepting within the Community products in conformity
                                                                   with the selected national standards, as a transitional
                                                                   measure, through a Community inspection procedure
Whereas in some Member States mandatory provisions                 ensuring that the national standards satisfy the protection
define, in particular, the permissible electromagnetic             objectives of this Directive;
disturbance levels that this equipment is liable to cause
and its degree of immunity to such signals; whereas these
mandatory provisions do not necessarily lead to different
                                                                   Whereas the manufacturer's declaration of conformity
protection levels from one Member State to another but
                                                                   accompanying the apparatus constitutes a presumption of
do by their disparity hinder trade within the Community;
                                                                   its conformity with this Directive;
Whereas the national provisions ensuring such protection
must be harmonized in order to guarantee the free                  Whereas      for    apparatus       covered   by    Directive
                                                                   83/361/EEC in order to obtain efficient protection as
movement of electrical and electronic apparatus without
                                                                   regards electromagnetic compatibility, compliance with
lowering existing and justified levels of protection in the
                                                                   the provisions of this Directive should nevertheless be
Member States;
                                                                   certified by marks or certificates of conformity issued by
                                                                   bodies notified by the Member States; whereas to facili-
Whereas Community legislation as it stands at present              tate the mutual recognition of marks and certificates
provides that, notwithstanding one of the fundamental              issued by these bodies the criteria to be taken into
rules of the Community, namely the free movement of                consideration     for    appointing      them    should    be
goods, barriers to intra-Community trade resulting from            harmonized;
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 it is nevertheless possible that equipment might
whereas the harmonization of laws in the present case              disturb radiocommunications and telecommunications
must therefore be confined to those provisions needed to           networks; whereas provision should therefore be made
comply with the protection objectives relating to electro-         for a procedure to reduce this hazard;
magnetic compatibility; whereas these requirements must
replace the corresponding national provisions;
                                                                   Whereas this Directive applies to the appliances and
                                                                   equipment covered by Council Directives 76/889/
Whereas this Directive therefore defines only protection           EEC (3) and 76/890/EEC (4) which relate to the approxi-
objectives' relating to electromagnetic compatibility;             mation of the laws of the Member States relating to
whereas to facilitate proof of conformity with these               radio interference caused by electrical household
objectives it is important to have harmonized standards            appliances, portable tools and similar equipment and to
at    European      level    concerning     electromagnetic        the suppression of radio interference with regard to
compatibility, so that products complying with them may            fluorescent lighting luminaires fitted with starters;
be assumed to comply with the protection objectives;               whereas those Directives should therefore be repealed,
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 (C) is             O OJ No L 109, 26. 4. 1983, p. 8.
                                                                   (J) OJ No L 336, 4. 12. 1976, p. 1.
(') OJNoL217,5. 8. 1986, p. 21.                                    (4) OJ No L 336, 4. 12. 1976, p. 22.
 ---pagebreak--- No C 322/6                              Official Journal of the European Communities                                   2.12.87
HAS ADOPTED THIS DIRECTIVE:                                                                  Article 4
                                                                   The apparatus referred to in Article 2 shall comply with
                                                                   the following protection objectives:
                            Article 1
                                                                   (a) the electromagnetic disturbance it generates shall not
For the purposes of this Directive:
                                                                        exceed a level allowing radio and telecommuni-
                                                                        cations equipment and other apparatus to operate as
 1. 'Apparatus' means all electrical and electronic                     intended;
    appliances together with equipment and installations
                                                                   (b) the apparatus shall have an adequate level of intrinsic
    containing electrical and/or electronic components.
                                                                        immunity to electromagnetic disturbance.
    'Electromagnetic disturbance' means any electro-                                         Article 5
    magnetic phenomenon which may degrade the per-
    formance of a device, equipment or system, or                  Member States shall not impede the placing on the
    adversely affect living or inert matter. An electro-           market and the taking into service on their territory of
    magnetic disturbance may be electromagnetic noise,             apparatus which satisfy the requirements of this
    an unwanted signal or a change in the propagation              Directive.
    medium itself.
                                                                                             Article 6
3. 'Immunity' means the ability of a device, equipment             The provisions of this Directive shall not prevent the
    or system to perform without degradation in the                application of special measures concerning the use of
    presence of an electromagnetic disturbance.                    apparatus taken in each Member State in order to
                                                                   protect reception in the case of public-service stations or
                                                                   emergency operations.
    'Electromagnetic compatibility' means the ability of a
    device, equipment or system to function satisfactorily         The Member States shall inform the Commission of the
    in its electromagnetic environment without intro-              special measures they have taken.
    ducing intolerable electromagnetic disturbances to
    anything in that environment.
                                                                                             Article 7
                                                                   1.     Member States shall presume compliance with the
                            Article 2                              protection objectives referred to in Article 4 in the case
                                                                   of apparatus accompanied by one of the means of
 1.    This Directive applies to apparatus liable to cause         attestation described in Article 10 declaring that they are
electromagnetic disturbance or the performance "of which           in conformity:
is liable to be affected by such disturbance.
                                                                   (a) with the relevant national standards transposing the
                                                                        harmonized standards, the reference numbers of
It defines the protection objectives and inspection pro-                which have been published in the Official Journal of
cedures relating thereto.                                               the European Communities; Member States shall
                                                                        publish the reference numbers of such national
                                                                        standards;
2.     Motor vehicles covered by Council Directive
72/245/EEC C) and wheeled agricultural or forestry                 (b) or with the relevant national standards referred to in
tractors covered by Council Directive 75/322/EEC (2)                    paragraph 2 in so far as, in the areas covered by such
do not fall within the scope of this Directive.                         standards, no harmonized standards exist.
                                                                   2.     Member States shall communicate to the
                            Article 3                              Commission the texts of their national standards, as
                                                                   referred to in paragraph 1 (b), which they regard as
Member States shall take all necessary measures to                 complying with the protection objectives referred to in
ensure that apparatus as referred to in Article 2 may be           Article 4. The Commission shall forward such texts
placed on the market and taken into service only if it             forthwith to the other Member States. In accordance
complies with the objectives laid down by this Directive           with the procedure provided for in Article 8 (2), it shall
when it is properly installed and maintained and when it           notify the Member States of those national standards in
is used for the purposes for which it is intended.                 respect of which there is a presumption of conformity
                                                                   with the protection objectives referred to in Article 4.
                                                                   Member States shall publish the reference numbers of
(') O J N o L 152,6. 7. 1972, p. 15.                               those standards. The Commission shall also publish them
(2) O J N o L 147,9.6. 1975, p. 28.                                in the Official Journal of the European Communities.
 ---pagebreak--- 2. 12.87                                 Official Journal of the European Communities                              No C 322/7
3.    Member States shall accept that where the manu-               (b) incorrect application of the standards referred to in
facturer has not applied, or has applied only in part, the               Article 7 (1);
standards referred to in paragraph 1, or where no such
standards exist, apparatus shall be regarded as satisfying
                                                                    (c) shortcomings in the standards referred to in Article 7
the objectives referred to in Article 4 where their
                                                                         (1) themselves.
conformity with those objectives has been certified by
the means of attestation provided for in Article 10 (2).
                                                                    2.     The Commission shall consult the parties concerned
                                                                    as soon as possible. If the Commission finds, after such
                          Article 8
                                                                    consultations, that the action is justified, it shall
 1.   Where a Member State or the Commission                        forthwith inform the Member State that took the action
considers that the harmonized standards referred to in              and the other Member States.
Article 7 (1) (a) do not entirely satisfy the objectives
referred to in Article 4, the Member State concerned or
                                                                    Where the decision referred to in paragraph 1 is
the Commission shall bring the matter before the
                                                                    attributed to shortcomings in the standards, the
Standing Committee set up by Directive 83/189/EEC,                  Commission, after consulting the parties concerned, shall
hereinafter referred to as 'the Committee', giving the              bring the matter before the Committee within two
reasons therefor. The Committee shall deliver an opinion            months if the Member State with has taken the measures
without delay.                                                      intends to uphold them and shall initiate the procedures
                                                                    referred to in Article 8.
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            3. , Where apparatus which does not comply is
publications referred to in Article 7 (1) (a).                      accompanied by one of the means of attestation referred
                                                                    to in Article 10, the competent Member State shall take
2.    After receipt of the communication referred to in             appropriate action against the author of the attestation
Article 7 (2) the Commission shall consult the                      and shall inform the Commission and the other Member
Committee. Upon receipt of the latter's opinion, the                States thereof.
Commission shall inform the Member States whether or
not the national standard in question shall enjoy the
                                                                    4.     The Commission shall ensure that the Member
presumption of conformity and, if so, that the references
                                                                    States are kept informed of the progress and outcome of
thereof shall be published nationally.
                                                                    this procedure.
If the Commission or a Member State considers that a
national standard no longer satisfies the necessary
                                                                                              Article 10
conditions for presumption of compliance with the
objectives referred to in Article 4, the Commission shall           1.     The conformity of apparatus with the protection
consult the Committee. Upon receipt of the latter's                 objectives in Article 4 shall be certified by a declaration
opinion, the Commission shall inform the Member States              of conformity issued by the manufacturer or his agent
whether or not the standard in question shall continue to           established within the Community, which shall appear in
enjoy a presumption of conformity and, if not, that it              the instructions for use or on the guarantee certificate,
must be withdrawn from the publications referred to in              the apparatus itself or the packaging. A model
Article 7 (2).                                                      declaration is given in Annex I.
                          Article 9                                 2.     In the case of apparatus for which the manufacturer
                                                                    has not applied, or has applied only in part, the
1.    Where a Member State ascertains that an apparatus
                                                                    standards referred to in Article 7 (1), or where no such
accompanied by one of the means of attestation provided
                                                                    standards exist, the manufacturer or his agent established
for in Article 10 does not comply with the protection
                                                                    within the Community shall, in addition to the
objectives referred to in Article 4, it shall take all appro-
                                                                    declaration of conformity referred to in paragraph 1,
priate measures to withdraw the apparatus from the
                                                                    hold at the disposal of the competent national authority
market, prohibit its placing on the market or restrict its
                                                                    a technical file setting out the procedures used to ensure
free movement.
                                                                    conformity of the apparatus with the protection
                                                                    objectives referred to in Article 4.
The Member State concerned shall immediately inform
the Commission of any such measure, indicating the
reasons for its decision and, in particular, whether non-           3.     Notwithstanding paragraph 1, conformity of
compliance is due to:                                               apparatus covered by Directive 86/361/EEC with the
                                                                    protection objectives referred to in Article 4 shall be
(a) failure to satisfy the objectives referred to in Article        certified by certificates or marks of conformity issued by
    4, where the apparatus does not meet the standards              bodies notified by each Member State to the other
    referred to in Article 7 (1);                                   Member States and to the Commission.
 ---pagebreak--- No C 322/8                             Official Journal of the European Communities                                 2.12.87
4.     Each Member State shall notify the Commission                                       Article 11
and the other Member States of the bodies responsible
for issuing certificates and marks of conformity. The             Directive 76/889/EEC and Directive 76/890/EEC shall
Commission shall publish a list of those bodies, for infor-       be repealed on 1 January 1990.
mation purposes, in the Official Journal of the European                                   Article 12
Communities and shall ensure that the list is updated.
                                                                  1.    Member States shall bring into force the laws, regu-
Annex II sets out the minimum criteria which the                  lations and administrative provisions necessary in order
Member States must meet as regards the approval of                to comply with this Directive by 1 January 1990. They
certification bodies. These criteria shall be applicable          shall inform the Commission thereof.
only until European standards on the subject have been
adopted by the European standards institutions.                   2.    Member States shall ensure that the texts of the
                                                                  provisions of national law which they adopt in the field
5.    A Member State which has approved an inspection             covered by this Directive are communicated to the
body must withdraw approval if it finds that the body no          Commission.
longer meets the criteria listed iri Annex II. It shall                                    Article 13
forthwith inform the Commission and the other Member
States thereof.                                                   This Directive is addressed to the Member States.
 ---pagebreak--- 2.12.87                                Official Journal of the European Communities                                           No C 322/9
                                                             ANNEX       I
                RECOMMENDED EXAMPLE O F A FORM O F DECLARATION O F CONFORMITY
        We
                                                           (Suppliers name)
                                                               (Address)
        declare under our sole responsibility that the product
                      (Name; type or model; lot, batch or serial number; possibly sources and numbers of items)
        to which this declaration relates is in conformity with the following specification(s)
                               (Title)                                                   (No)                          (Year)
                               (Class)                                                 (Category (if applicables))
                                                                                    (Name of the authorized officer)
                                                                                  (Function of the authorized officer)
                                                                                                 (Date)
                                                                                              (Signature)
 ---pagebreak--- No C 322/10                                Official Journal of the European Communities                                     2.12.87
                                                                  ANNEX  II
           MINIMUM CRITERIA T O BE TAKEN I N T O A C C O U N T BY MEMBER STATES                                    WHEN
                                               A P P O I N T I N G INSPECTION BODIES
            1. The certification body, its director and the staff responsible for carrying out the verification tests shall
               not be the designer, manufacturer, 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, construc-
               tion, 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 financial, which might influence their judgment or the results of the certification, 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 remuneration must not depend on the
               number of tests carried out nor on the results of such tests.
           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 infor-
               mation 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.