389L0336 Cover page (1/1) 18.02.1997
COUNCIL DIRECTIVE
of 3 May 1989
on the approximation of the laws of the Member States relating to electromagnetic compatibility
(89/336/EEC)
(OJ No L 139, 23. 5. 1989, p. 19)



 
 

Amended by:      
    Official Journal
    No page date
         
[1] Council Directive 91/263/EEC of 29 April 1991 L 128 1 23. 5. 1991
[2] Council Directive 92/31/EEC of 28 April 1992 L 126 11 12. 5. 1992
[3] Council Directive 93/68/EEC of 22 July 1993 L 220 1 30. 8. 1993

This Act is referred to by the Agreement on the European Economic Area
(OJ No L 1, 3. 1. 1994, p. 291)

389L0336 Article 1 (1/1) 18.02.1997
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, unit of equipment or system. 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, unit of equipment or system to perform without degradation of quality in the presence of an electromagnetic disturbance.
 
4. 'electromagnetic compatibility' means the ability of a device, unit of equipment or system to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to anything in that environment.
 
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 equipment examined complies with the provisions of this Directive which concern it.

389L0336 Article 2 (1/1) 18.02.1997
Article 2
1. This Directive applies to apparatus liable to cause electromagnetic disturbance or the performance of which is liable to be affected by such disturbance.
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, this Directive shall not apply or shall cease to apply with regard to such apparatus or protection requirements upon the entry into force of those specific Directives.
3. Radio equipment used by radio amateurs within the meaning of Article 1, definition 53, of the radio regulations in the International Telecommunications Convention, shall be excluded from the scope of this Directive, unless the apparatus is available commercially.

389L0336 Article 3 (1/1) 18.02.1997
Article 3

[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 taken into service only if it bears the CEmarking provided for in Article 10 indicating 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 the purposes for which it is intended. "<-[3]

389L0336 Article 4 (1/1) 18.02.1997
Article 4
The apparatus referred to in Article 2 shall be so constructed that:
 
(a) the electromagnetic disturbance it generates does not exceed a level allowing radio and telecommunications equipment and other apparatus to operate as intended;
 
(b) the apparatus has an adequate level of intrinsic immunity to electromagnetic disturbance to enable it to operate as intended.
The principal protection requirements are set out in Annex III.

389L0336 Article 5 (1/1) 18.02.1997
Article 5
Member States shall not impede for reasons relating to electromagnetic compatibility, the placing on the market and the taking into service on their territory of apparatus covered by this Directive which satisfies the requirements thereof.

389L0336 Article 6 (1/1) 18.02.1997
Article 6
1. The requirements of this Directive shall not prevent the application in any Member State of the following special measures:
 
(a) measures with regard to the taking into service and use of the apparatus taken for a specific site in order to overcome an existing or predicted electromagnetic compatibility problem;
 
(b) measures with regard to the installation of the apparatus taken in order to protect the public telecommunications networks or receiving or transmitting stations used for safety purposes.
2. Without prejudice to Directive 83/189/EEC<1> , Member States shall inform the Commission and the other Member States of the special measures taken pursuant to paragraph 1.
3. Special measures that have been recognized as justified shall be contained in an appropriate notice made by the Commission in the Official Journal of the European Communities.

<1> OJ No L 109, 26. 4. 1983, p. 8. 

389L0336 Article 7 (1/1) 18.02.1997
Article 7
1. Member States shall presume compliance with the protection requirements referred to in Article 4 in the case of apparatus which is 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.
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 requirements referred to in Article 4. 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 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 paragraph 1, or where no such standards exist, apparatus shall be regarded as satisfying the protection requirements has been certified by the means of attestation provided for in Article 10 (2)<1> .

<1> According to the other linguistic versions it should read "... protection requirements referred to in Article 4 when its' conformity with these requirements has been certified by the means of attestation provided for in Article 10 (2)." 

389L0336 Article 8 (1/1) 18.02.1997
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 requirements referred to in Article 4, 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 as soon as possible, whether or not it is necessary to withdraw in whole or in part 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 as soon as possible 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.
If the Commission or a Member State considers that a national standard no longer satisfies the necessary conditions for presumption of compliance with the protection requirements referred to in Article 4, the Commission shall consult the Committee, which shall give its opinion without delay. Upon receipt of the latter's opinion, the Commission shall inform the Member States as soon as possible whether or not the standard in question shall continue to enjoy a presumption of conformity and, if not, that it must be withdrawn in whole or in part from the publications referred to in Article 7 (2).

389L0336 Article 9 (1/1) 18.02.1997
Article 9
1. Where a Member State ascertains that apparatus accompanied by one of the means of attestation provided for in Article 10 does not comply with the protection requirements 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 protection requirements referred to in Article 4, where the apparatus does not meet the standards referred 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 so 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, 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.
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.

389L0336 Article 10 (1/1) 18.02.1997
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 apparatus with this Directive shall be certified by an EC declaration of conformity issued by the manufacturer or his authorized representative established within the Community. The declaration shall be held at the disposal of the competent authority for ten years following the placing of the apparatus on the market.
The manufacturer or his authorized representative established within the Community shall also affix the [3]->" CE conformity marking "<-[3] to the apparatus or else to the packaging, instructions for use or guarantee certificate.
Where neither the manufacturer nor his authorized representative is established within the Community, the above obligation to keep the EC declaration of conformity available shall be the responsibility of the person who places the apparatus on the Community market.
The provisions governing the EC declaration and the [3]->" CEmarking "<-[3] are set out in Annex I.
[3]->" Member States shall take the necessary measures to prohibit the affixing to apparatus, its packaging, the instructions for use and the guarantee certificate of markings which are likely to deceive third parties as to the meaning and form of the CEmarking. Any other marking may be affixed to the apparatus, its packaging, the instructions for use or the guarantee certificate provided that the visibility and legibility of the CEmarking is not thereby reduced. "<-[3]
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 failing such standards, the manufacturer or his authorized representative established within the Community shall hold at the disposal of the relevant competent authorities, as soon as the apparatus is placed on the market, a technical construction file. This file shall describe the apparatus, set out the procedures used to ensure conformity of the apparatus with the protection requirements referred to in Article 4 and include a technical report or certificate, one or other obtained from a competent 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 technical file available shall be the responsibility of the person who places the apparatus 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 paragraph 1.
Member States shall presume, subject to the provisions of this paragraph, that such apparatus meets the protection requirements referred to in Article 4.
3. [2]->" ------ "<-[2]
4. [1]->" ------ "<-[1]
5. The conformity of apparatus designed for the transmission of radiocommunications, as defined in the International Telecommunication Union Convention, with the provisions of this Directive shall be certified in accordance with the procedure laid down in paragraph 1, once the manufacturer or his authorized representative established within the Community has obtained an EC type-examination certificate concerning this apparatus issued by one of the notified bodies referred to in paragraph 6 below.
This provision shall not apply to the above apparatus where it is designed and intended exclusively for radio amateurs within the meaning of Article 2 (3)<1>.
6. [3]->" Member States shall notify the Commission and the other Member States of the competent authorities referred to in this Article and the bodies responsible for issuing the EC type-examination certificates referred to in paragraph 5, together with the specific tasks which these bodies have been appointed to carry out and the identification numbers assigned 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. "<-[3]
Such notification shall state whether those bodies are competent for all apparatus covered by this Directive or whether their responsibility is limited to certain specific areas.
Member States shall apply the criteria listed in Annex II for the assessment 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 aforementioned 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. It shall forthwith inform the Commission and the other Member States thereof.
[3]->" 7. Without prejudice to Article 9:
 
(a) where a Member State or a competent authority establishes that the CEmarking has been affixed unduly, the manufacturer or his authorized representative established within the Community shall be obliged to make the product comply as regards the provisions concerning the CEmarking and to end the infringement under conditions 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 the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 9. "<-[3]

<1> Article 8 (3) of Directive 93/97/EEC (OJ No L 290, 24. 11. 1993, p. 1) states that Article 10 (5) of the present Directive shall not apply to equipment falling within the scope of Directive 93/97/EEC or Directive 91/263/EEC. 

389L0336 Article 11 (1/1) 18.02.1997
Article 11
Directive 76 / 889 / EEC<1> and Directive 76 / 890 / EEC<2> shall be repealed as from 1 January 1992.

<1> OJ No L 336, 4. 12. 1976, p. 1. 
<2> OJ No L 336, 4. 12. 1976, p. 22. 

389L0336 Article 12 (1/1) 18.02.1997
Article 12
1. By 1 July 1991, Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall inform the Commission thereof.
They shall apply these provisions as from 1 January 1992.
[2]->" However, Member States shall, for the period up to 31 December 1995, authorize the placing on the market and/or the putting into service of apparatus referred to in this Directive conforming to the national regulations in force in their territory on 30 June 1992. "<-[2]
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

389L0336 Article 13 (1/1) 18.02.1997
Article 13
This Directive is addressed to the Member States.

389L0336 Annex 1 (1/1) 18.02.1997
ANNEX I
 
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 the conformity 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.
 
2. [3]->" CE conformity marking
 
-- The CE conformity marking shall consist of the initials "CE " taking the following form:
 
imgll01.gif
 
-- If the CEmarking 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 shall indicate that the appliances are also presumed to conform to those other Directives.
 
-- However, where one or more of these Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CEmarking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the Directives and accompanying such apparatus.
 
-- The various components of the CEmarking must have substantially the same vertical dimension, which may not be less than 5 mm. "<-[3]

389L0336 Annex 2 (1/1) 18.02.1997
ANNEX II

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 this Directive, of staff and technical personnel in relation to all circles, groups or persons 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.

389L0336 Annex 3 (1/1) 18.02.1997
ANNEX III

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 to in (a) to (l), should be constructed in such a way that it has an adequate level of electromagnetic immunity in the usual electromagnetic compatibility environment where the apparatus is intended to work so as to allow its unhindered operation taking into account the levels of disturbance generated by apparatus complying with the standards 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 apparatus.

389L0336 Transposition (1/1) 18.02.1997
List of deadlines for transposition into national law
Directive Deadline for transposition
89/336/EEC
91/263/EEC
92/31/EEC
93/68/EEC		 1 July 1991
6 November 1992
28 July 1992
1 July 1994

(c) ECSC-EC-EAEC, Brussels 1997
Done in Brussels by the European Commission SG on 27/09/1997 at 13:45