1、DIRECTIVE 2014/30/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to th
2、e Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committe
3、e ( 1 ), Acting in accordance with the ordinary legislative procedure ( 2 ), Whereas: (1) A number of amendments are to be made to Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic
4、 compatibility and repealing Directive 89/ 336/EEC ( 3 ). In the interests of clarity, that Directive should be recast. (2) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the
5、marketing of products ( 4 ) lays down rules on the accreditation of conformity assessment bodies, provides a framework for the market surveillance of products and for controls on products from third countries, and lays down the general principles of the CE marking. (3) Decision No 768/2008/EC of the
6、 European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products ( 5 ), lays down common principles and reference provisions intended to apply across sectoral legislation in order to provide a coherent basis for revision or recasts of that legislation. Direc
7、tive 2004/108/EC should be adapted to that Decision. (4) Member States should be responsible for ensuring that radiocommunications, including radio broadcast reception and the amateur radio service operating in accordance with International Telecommunication Union (ITU) radio regulations, electrical
8、 supply networks and telecommunications networks, as well as equipment connected thereto, are protected against electromagnetic disturbance. (5) Provisions of national law ensuring protection against electromagnetic disturbance need to be harmonised in order to guarantee the free movement of electri
9、cal and electronic apparatus without lowering justified levels of protection in the Member States. (6) This Directive covers products which are new to the Union market when they are placed on the market; that is to say they are either new products made by a manufacturer established in the Union or p
10、roducts, whether new or second-hand, imported from a third country. (7) This Directive should apply to all forms of supply, including distance selling. (8) The equipment covered by this Directive should include both apparatus and fixed installations. However, separate provision should be made for ea
11、ch. This is so because, whereas apparatus as such may move freely within the Union, fixed installations on the other hand are installed for permanent use at a predefined location, as assemblies of various types of apparatus and, where appropriate, other devices. The composition and function of such
12、installations correspond in most cases to the particular needs of their operators. (9) Where this Directive regulates apparatus, it should apply to finished apparatus placed on the market. Certain components or sub-assemblies should, under certain conditions, be considered to be apparatus if they ar
13、e made available to the end-user. (10) Radio equipment and telecommunications terminal equipment should not be covered by this DirectiveEN 29.3.2014 Official Journal of the European Union L 96/79 ( 1 ) OJ C 181, 21.6.2012, p. 105. ( 2 ) Position of the European Parliament of 5 February 2014 (not yet
14、 published in the Official Journal) and decision of the Council of 20 February 2014. ( 3 ) OJ L 390, 31.12.2004, p. 24. ( 4 ) OJ L 218, 13.8.2008, p. 30. ( 5 ) OJ L 218, 13.8.2008, p. 82.since they are already regulated by Directive 1999/5/EC of the European Parliament and of the Council of 9 March
15、1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ( 1 ). The electromagnetic compatibility requirements in both Directives achieve the same level of protection. (11) Aircraft or equipment intended to be fitted into aircraft should not be
16、 covered by this Directive, since they are already subject to special Union or international rules governing electromagnetic compatibility. (12) This Directive should not regulate equipment which is inherently benign in terms of electromagnetic compatibility. (13) This Directive should not deal with
17、 the safety of equipment, since that is dealt with by separate Union or national legislation. (14) Manufacturers of equipment intended to be connected to networks should construct such equipment in a way that prevents networks from suffering unacceptable degradation of service when used under normal
18、 operating conditions. Network operators should construct their networks in such a way that manufacturers of equipment liable to be connected to networks do not suffer a disproportionate burden in order to prevent networks from suffering an unacceptable degradation of service. The European standardi
19、sation organisations should take due account of that objective (including the cumulative effects of the relevant types of electromagnetic phenomena) when developing harmonised standards. (15) Protection against electromagnetic disturbance requires obligations to be imposed on the various economic op
20、erators. Those obligations should be applied in a fair and effective way in order to achieve such protection. (16) Economic operators should be responsible for the compliance of apparatus with this Directive, in relation to their respective roles in the supply chain, so as to ensure a high level of
21、protection of public interests covered by this Directive, and to guarantee fair competition on the Union market. (17) All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market apparatus which are in
22、conformity with this Directive. It is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain. (18) In order to facilitate communication between economic operators, market surveillance
23、authorities and consumers, Member States should encourage economic operators to include a website address in addition to the postal address. (19) The manufacturer, having detailed knowledge of the design and production process, is best placed to carry out the conformity assessment procedure. Conform
24、ity assessment should therefore remain solely the obligation of the manufacturer. (20) It is necessary to ensure that products from third countries entering the Union market comply with this Directive, and in particular that appropriate conformity assessment procedures have been carried out by manuf
25、acturers with regard to those apparatus. Provision should therefore be made for importers to make sure that the apparatus they place on the market comply with the requirements of this Directive and that they do not place on the market apparatus which do not comply with such requirements or present a
26、 risk. Provision should also be made for importers to make sure that conformity assessment procedures have been carried out and that marking of apparatus and documentation drawn up by manufacturers are available for inspection by the competent national authorities. (21) When placing apparatus on the
27、 market, every importer should indicate on the apparatus his name, registered trade name or registered trade mark and the postal address at which he can be contacted. Exceptions should be provided for in cases where the size or nature of the apparatus does not allow it. This includes cases where the
28、 importer would have to open the packaging to put his name and address on the apparatus. (22) The distributor makes apparatus available on the market after it has been placed on the market by the manufacturer or the importer and should act with due care to ensure that its handling of the apparatus d
29、oes not adversely affect the compliance of the apparatus. (23) Any economic operator that either places apparatus on the market under his own name or trade mark or modifies apparatus in such a way that compliance with this Directive may be affected should be considered to be the manufacturer and sho
30、uld assume the obligations of the manufacturer. (24) Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by the competent national authorities, and should be prepared to participate actively, providing those authorities with all ne
31、cessary information relating to the apparatus concerned.EN L 96/80 Official Journal of the European Union 29.3.2014 ( 1 ) OJ L 91, 7.4.1999, p. 10.(25) Ensuring traceability of apparatus throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient trac
32、eability system facilitates market surveillance authorities task of tracing economic operators who made non-compliant apparatus available on the market. When keeping the information required under this Directive for the identification of other economic operators, economic operators should not be req
33、uired to update such information in respect of other economic operators who have either supplied them with apparatus or to whom they have supplied apparatus. (26) Fixed installations, including large machines and networks, may generate electromagnetic disturbance, or be affected by it. There may be
34、an interface between fixed installations and apparatus, and the electromagnetic disturbances produced by fixed installations may affect apparatus, and vice versa. In terms of electromagnetic compatibility, it is irrelevant whether the electromagnetic disturbance is produced by apparatus or by a fixe
35、d installation. Accordingly, fixed installations and apparatus should be subject to a coherent and comprehensive regime of essential requirements. (27) This Directive should be limited to the expression of the essential requirements. In order to facilitate conformity assessment with those requiremen
36、ts it is necessary to provide for a presumption of conformity for equipment which is in conformity with harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European Standardisation ( 1 ) for the pur
37、pose of expressing detailed technical specifications of those requirements. Harmonised standards reflect the generally acknowledged state of the art as regards electromagnetic compatibility in the Union. (28) Regulation (EU) No 1025/2012 provides for a procedure for objections to harmonised standard
38、s where those standards do not entirely satisfy the requirements of this Directive. (29) In order to enable economic operators to demonstrate and the competent authorities to ensure that apparatus made available on the market conform to the essential requirements, it is necessary to provide for conf
39、ormity assessment procedures. Decision No 768/2008/EC establishes modules for conformity assessment procedures, which include procedures from the least to the most stringent, in proportion to the level of risk involved. In order to ensure inter-sectoral coherence and to avoid ad- hoc variants, confo
40、rmity assessment procedures should be chosen from among those modules. (30) The conformity assessment obligation should require the manufacturer to perform an electromagnetic compatibility assessment of apparatus, based on relevant phenomena, in order to determine whether or not it meets the essenti
41、al requirements of this Directive. (31) Where apparatus is capable of taking different configurations, the electromagnetic compatibility assessment should confirm whether the apparatus meets the essential requirements in the configurations foreseeable by the manufacturer as representative of normal
42、use in the intended applications. In such cases it should be sufficient to perform an assessment on the basis of the configuration most likely to cause maximum disturbance and the configuration most susceptible to disturbance. (32) It is not appropriate to carry out the conformity assessment of appa
43、ratus placed on the market for incorporation into a given fixed installation, and otherwise not made available on the market, in isolation from the fixed installation into which it is to be incorporated. Such apparatus should therefore be exempted from the conformity assessment procedures normally a
44、pplicable to apparatus. However, such apparatus should not be permitted to compromise the conformity of the fixed installation into which it is incorporated. Should apparatus be incorporated into more than one identical fixed installation, identifying the electromagnetic compatibility characteristic
45、s of these installations should be sufficient to ensure exemption from the conformity assessment procedure. (33) Manufacturers should draw up an EU declaration of conformity to provide information required under this Directive on the conformity of an apparatus with this Directive and with other rele
46、vant Union harmonisation legislation. (34) To ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic
47、 operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity. (35) The CE marking, indicating the conformity of apparatus, is the visible consequence of a whole process comprising conformity assessment in a broad sense. General princ
48、iples governing the CE marking are set out in Regulation (EC) No 765/2008. Rules governing the affixing of the CE marking should be laid down in this Directive. (36) Due to their specific characteristics, fixed installations need not be subject to the affixing of the CE marking or to the EU declarat
49、ion of conformity.EN 29.3.2014 Official Journal of the European Union L 96/81 ( 1 ) OJ L 316, 14.11.2012, p. 12.(37) One of the conformity assessment procedures set out in this Directive requires the intervention of conformity assessment bodies, which are notified by the Member States to the Commission. (38) Experience has shown that the criteria set out in Directive 2004/108/EC that conformity assessment bodies have to fulfil to be notified to the Commission are not sufficient to ensure a uniformly high level of performance of notified bodies throughout the Union. It is, ho
