Activites

• 2004/12/31 Final act published in Official Journal
  • Directive 2004/108
  • OJ L 390 31.12.2004, p. 0024-0037
• 2004/12/15 Final act signed
• 2004/12/15 End of procedure in Parliament
• #2625
• 2004/11/29 Council Meeting
• 2004/11/29 Act adopted by Council after Parliament's 1st reading
• 2004/06/18 Modified legislative proposal published
  • COM(2004)0446 summary

    The Commission finds that all of the Parliament's amendments are acceptable in full, as they clarify and improve upon the Commission proposal, and as they are fully compatible with general approach reached by the Competitiveness Council of 10 November 2003. The main amendments are as follows:- the Commission removes ready-made connecting devices from the scope of the Directive;- it introduces new definitions and further refines the existing ones;- the role of harmonised standards is clarified;- the scope of special measures that can be taken by Member States is further clarified;- manufacturers may perform demonstrations of non CE-marked equipment at trade fairs;- there is a specific article for laying down information requirements, which are thus removed from the list of essential requirements,- Annex I now requires the responsible person to document the engineering practices used for the installation of fixed installations to meet the essential requirement of the EMC Directive and, on a duly substantiated request, to make these documents available to market surveillance authorities;- Member States must clearly identify the scope of designation of notified bodies, indicating if the scope of designation is limited to certain aspect or apparatus covered by the Directive. The role of the notified body is to assess the technical file provided by the manufacturer in whole or in part, at the choice of the manufacturer.

  • DG [{'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}],
• 2004/03/09 Decision by Parliament, 1st reading/single reading
  • T5-0148/2004 summary

    The European Parliament adopted a resolution drafted by Luis BERENGUER FUSTER (PES, E) making several amendments to the Commission's draft, mostly relating to the scope of application. Amendments focussed on application to certain equipment including specific requirements for fixed installations. The main amendments were as follows: -Parliament deleted the provision stating that ready-made connecting devices should be considered to be apparatus for the purposes of this Directive; -Parliament also stated in a recital that, should apparatus be incorporated into more than one identical fixed installation, identifying the EMC characteristics of these installations should be sufficient to ensure exemption from the conformity assessment procedure; -there are new definitions of "electromagnetic disturbance" as well as "electromagnetic environment" and "mobile installations" to which the directive must be applied; -special measures which have been accepted must be published by the Commission in the Official Journal; -there are new provisions on the identification of apparatus and the information to be supplied by manufacturers. Apparatus for which compliance with the protection requirements is not ensured in residential areas must be accompanied by a clear indication of this restriction of use, where appropriate also on the packaging. Furthermore, The information required to enable use in accordance with the intended purpose of the apparatus must be contained in the instructions accompanying the apparatus; -the Conformity Assessment procedure has been moved to a new Annex I. Finally, Parliament voted for the deletion of Annex V.�

• 2004/02/24 Vote in committee, 1st reading/single reading
  • A5-0113/2004
• #2539
• 2003/11/10 Council Meeting
  • 2539
• 2003/01/29 Committee referral announced in Parliament, 1st reading/single reading
• 2002/12/23 Legislative proposal published
  • COM(2002)0759 summary

    PURPOSE : to revise Council Directive 89/336/EC on the approximation of the laws of the Member States relating to electromagnetic compatibility (EMC Directive). CONTENT : In general terms, the proposal for revision maintains the objectives of the existing EMC Directive and its field of application. The proposal has the following objectives: -clarification of scope by means of improved definitions, more clearly defined exclusions and inclusion of ready-made connecting devices; -treatment of fixed installations by means of a more appropriate regulatory regime. Annex I lays down a comprehensive regime which equipment, i.e. both apparatus and fixed installations, must comply with. The essential requirements consist of generic protection requirements covering the emission and immunity characteristics of equipment. In addition, more specific requirements are given separately for apparatus and for fixed installations. In the case of apparatus the manufacturer will need to perform an electromagnetic compatibility assessment, in which all relevant phenomena are identified and addressed with a view to meeting the protection requirements. If all relevant harmonised EMC standards applicable to a given apparatus are met, it is deemed to have met the obligation for an EMC assessment. The concept of a conformity assessment procedure and the affixation of the CE marking are not felt to be appropriate for fixed installations. Article 12 of the proposal provides for a particular regime for fixed installations. Where such installations are built or modified using apparatus which are generally available on the market, the provisions for such apparatus are detailed in Chapter 2. However, if the apparatus used are specifically designed for a given fixed installation and are otherwise not commercially available, the manufacturer may decide whether or not to follow the provisions of Chapter 2. If the general provisions for apparatus are not applied to apparatus designated for a specific installation, such apparatus will need to be accompanied by more specific information indicating the site of intended use and the precautions to be observed in view of the installation. -enhanced clarity through more detailed essential requirements; -clarification of the role of harmonised standards. -simplification of the conformity assessment procedure, reduced to a single procedure for apparatus (see above); -cutting "red-tape" and increasing manufacturer's choice by abolishing compulsory third-party intervention where harmonised standards have not been applied but allowing in all cases for voluntary involvement of conformity assessment bodies for apparatus. However, the manufacturer must always maintain technical documentation which confirms that the apparatus complies with the essential requirements, whether harmonised standards apply or not. -improved market surveillance though better traceability of the manufacturer. Apparatus must be accompanied by information enabling the product to be clearly identified (e.g. by means of type number, batch code, etc) and indicating the name and address of the manufacturer. Where the latter or his authorised representative is nor established within the EU, the person established in the EU responsible for placing the apparatus on the market will be indicated.�

  • DG [{'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}],

Documents

• Legislative proposal published: COM(2002)0759
• Debate in Council: 2539
• Committee report tabled for plenary, 1st reading/single reading: A5-0113/2004
• Decision by Parliament, 1st reading/single reading: T5-0148/2004
• Modified legislative proposal published: COM(2004)0446
• : Directive 2004/108
• : OJ L 390 31.12.2004, p. 0024-0037

History

(these mark the time of scraping, not the official date of the change)