| The EMC Directive Legal issues |
|
| The EMC Directive Legal issues |
|
| Manufacturers of relevant apparatus Relevant apparatus sold within the EEA must be CE Marked and a DoC must be made available for 10 years. Non-compliance is a criminal offence. |
|
| UK authorised representatives of
companies outside the EEA Manufacturer makes DoC and CE marks product; representative keeps a copy of the relevant paperwork. Could be liable if equipment was found not to comply. Paperwork should identify UK representative. |
|
| Persons selling relevant apparatus Must ensure that it is CE Marked. Advisable to ask to see a copy of DoC so that validity of CE Marked can be assessed. Offence to sell non-compliant apparatus. |
|
| Buyers of relevant apparatus Must ensure that it is CE Marked. A criminal offence to agree to purchase non-compliant apparatus. Purchasers of plant or major items of equipment are advised to ask for a copy of the DoC and also any test reports. |
|
| Repairers of relevant apparatus Responsible for ensuring that the EMC of the apparatus is not compromised by repair and is returned to its original state. Where major refurbishment occurs and the EMC
characteristics of the apparatus have been changed, the refurbisher must re-certify the
apparatus. |
|
| Purchasers who build systems Must purchase CE Marked parts and ensure that in assembling the parts that manufacturers' installation instructions are complied with. The final system does not need to be CE Marked but must comply with the protection requirements of the Directive. E.g. computer hobbyists who by parts from different sources or a manufacturing company which builds a production line from parts from different sources. Note: if the completed system is placed on the market (sold on) then it must be certified and CE Marked. |
|
| In the UK, enforcement will principally be carried out by Trading
Standards Departments. They have the authority to make test purchases to determine if
apparatus complies with the Directive. An officer of an enforcement authority can conduct
inspections and, in certain circumstances, may seize and detain apparatus and
documentation. Prohibition and suspension notices can be served preventing a manufacturer, supplier or user from manufacturing, supplying or using apparatus that does not comply. An officer of an enforcement authority can ask to see the DoC, TCF or type-examination certificate. Officers can also ask for test data in support of the DoC to show due diligence. As well as the legal requirements for EMC, suppliers are finding increasingly that customers are demanding EMC certification as part of the contractual conditions. |
The penalties are as follows: |
 |
Fine of up to currently £5,000 in Great Britain |
|
Imprisonment of up to three months |
|
Remedy - recall or repair |
|
Forfeiture of apparatus |
|
Expenses of enforcement - including investigation and testing plus legal
fees |
It is important to remember that existing legislation on consumer
protection and product liability in the event of a malfunctioning product, particularly
one that causes injury or death, is probably far more stringent than EMC legislation.
|
