International Amateur Radio Union - Region 1

Gaston Bertels, ON4WF - EUROCOM srwg Chairman
Avenue Paul Hymans 117/29  -  B-1200 Brussels - Belgium
Tel: +32.2.771.67.74     Fax: +32.2.771.49.89     Email: gaston.bertels@skynet. 

EUROCOM Newsletter
31.12.2004

EMC Directive 2004/108/EC

1.	Publication
The new EMC Directive 2004/108/EC has been published in the Official Journal of the European Union of 31.12.2004.
The Directive will enter into force on 20 January 2005.
The text of the Directive is hereto appended. See Annex in pdf format.

2.	Comments
The IARU/EUROCOM working group has suggested several amendments to the original text proposed by the Commission. These amendments have been submitted to the Parliamentary Committee on Industry, External Trade, Research and Energy (ITRE) by several Members of the European Parliament.
Most of these amendments have been adopted by ITRE as well as by the plenum of the European Parliament. See EUROCOM Newsletter of 17.03.2004.
The text of the new EMC Directive, adopted by the European Council and published today in the Official Journal, maintains these amendments which are now European Law.
Here are these important texts:
Recital (2)
Member States are 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 supply networks and telecommunications networks, as well as equipment connected thereto, are protected against electromagnetic disturbance.

Article 1.2
This Directive shall not apply to:
…

(c) radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted in the framework of the Constitution and Convention of the ITU, unless the equipment is available commercially. Kits of components to be assembled by radio amateurs and commercial equipment modified by and for the use of radio amateurs are not regarded as commercially available equipment.

Article 2
For the purposes of the Directive, the following definitions shall apply:
…
(c) ‘fixed installation’ means a particular combination ofseveral types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a predefined location;

(d) ‘electromagnetic compatibility’ means the ability of equipment to function satisfactorily in its electromagnetic environmen without introducing intolerable electromagnetic disturbances to other equipment in that environment; 

(e) ‘electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of equipment. An electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

(f) ‘immunity’ means the ability of equipment to perform as intended without degradation in the presence of an electromagnetic disturbance;

(g) ‘safety purposes’ means the purposes of safeguarding human life or property;

(h) ‘electromagnetic environment’ means all electromagnetic phenomena observable in a given location.

3.	Thanks
The original Commission proposal for a new Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to electromagnetic compatibility was published in the Official Journal  on 23.12.2002.
Exactly two years later the new Directive has been published.
This is the end of a legislative process which called for considerable involvement of the IARU/EUROCOM working group.
We extend thanks to all the parties that actively participated in this process, more precisely several members of the EMC working groups of the IARU societies and particularly the Members of the European Parliament who submitted the amendments we suggested: 
-	MEP Fernando Fernandez-Martin (EA8AK)
-	MEP Dr. Peter Liese
-	MEP Helmut Kuhne.

73
Gaston Bertels, ON4WF
EUROCOM Chairman

Best wishes for a Happy New Year !

Annex: 1