The Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (EMC Directive) governs on the one hand the electromagnetic emissions of this equipment in order to ensure that, in its intended use, such equipment does not disturb radio and telecommunication as well as other equipment.
In the other the Directive also governs the immunity of such equipment to interference and seeks to ensure that this equipment is not disturbed by radio emissions normally present used as intended.
There are currently three conformity assessment procedures for such equipment:
- The first is self-declaration by the manufacturer where he/she applies the relevant European harmonised standards.
- The second, where such standards are not available, partially applied, or do not cover all of the requirements, involves the completion of a Technical Construction File (TCF), with a report or certificate from a Competent Body.
- The third procedure, which applies to radio-communication equipment and involves Notified Bodies, is now no longer relevant for almost all such equipment, given the advent of the R&TTE Directive 1999/5/EC.
Manufacturers attest to the conformity of their equipment to the provisions of the Directive by establishing an EC declaration of conformity and affixing the CE Mark. The equipment can then be placed on the European market without further regulatory constraints in respect of the aspects covered by the Directive.
It applies to the European Economic Area (EEA) and the territory of a number of candidate countries under a pre-accession agreement called a "PECA"; see also international development of European policy. In addition, via the mechanism of Mutual Recognition Agreements (MRAs), conformity assessment bodies under this Directive have been designated in a number of other trading blocks. See also EU-Japan MRA.
Guidelines are available to assist with the common application of the Directive which, whilst having no weight in law, deals with as number of practical issues that will be of interest to manufacturers. The most common questions concerning the directive are also addressed in a FAQ.
Issues with respect to implementation are regularly considered at a working structure in which Member States, candidates, industry, conformity assessment bodies are all represented. See also EMC contact points.
The Directive 89/336/EEC will be repealed as from 20 July 2007 by the new Directive 2004/108/EC of the European Parliament and of the Council, of 15 December 2004, on the approximation of the Laws of Member States relating to electromagnetic compatibility, published in the OJEU on 31 December 2004 (L 390/24). See the Press Release and also the Info Day “Revised EMC Directive” held in Brussels on 3 February 2005.
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