EU requirements: Directive 2014/30/EU (the “EMC Directive") sets out requirements for equipment in order to ensure that it complies with an adequate level of electromagnetic compatibility. This is to ensure protection against electromagnetic disturbance. The EMC Directive establishes essential requirements relating to electromagnetic compatibility, labelling requirements, conformity procedures, and other obligations.
If you manufacture, import or distribute equipment in the EU, you must comply with the requirements of the EMC Directive. You must also comply with national laws and regulations in Member States which implement the EMC Directive.
Please see below for further information about EU requirements.
UK requirements: The UK’s Electromagnetic Compatibility Regulations 2016/1091 (the “EMC Regulation") sets out requirements for equipment in order to ensure that equipment complies with an adequate level of electromagnetic compatibility.
If you manufacture, import or distribute equipment in the UK, you must comply with the requirements of the EMC Regulation. Different rules apply to goods you sell in: (1) Great Britain (England, Scotland and Wales); and (2) Northern Ireland. Please note that if you also sell these products on Amazon EU websites, then you must also comply with national laws and regulations in EU Member States, which implement the EU’s Electromagnetic Compatibility Directive (2014/30/EU).
Please see below for further information about UK requirements.
This material is for informational purposes and you should not take it as a substitute for legal advice. We encourage you to consult your legal counsel for any concerns about the laws and regulations related to your product. This material only reflects the position at the date of writing and requirements may change – particularly in light of the developing position with Brexit. You should refer to current UK Brexit guidance about your products (see below) to learn more about changes that may affect you following the end of the transition period.
The EMC Directive applies to equipment. Equipment is (i) either a single functional unit sold to an end user and liable to generate electromagnetic disturbance or whose performance could be affected by electromagnetic disturbance (defined as “apparatus”) and (ii) combinations of such units (and potentially other devices) that are assembled, installed, and intended to be used permanently at a predefined location (defined as a “fixed installation”).
There are some exceptions, including: aeronautical products, radio equipment used by radio amateurs, and custom-built evaluation kits intended for professionals to be used solely at research and development facilities for such purposes.
The EMC Directive sets out obligations for manufacturers, authorized representatives, importers, and distributors.
Declaration of Conformity and CE marking:
A manufacturer’s responsibilities include the following:
An importer’s responsibilities include ensuring the following:
Manufacturers and importers of equipment must keep a copy of the technical documentation and a copy of the declaration of conformity for 10 years after the equipment has been offered for sale or supply.
A distributor’s responsibilities include:
Manufacturers and importers must ensure that the equipment bears:
Distributor responsibilities include verifying that the equipment bears a CE mark, a type, batch or serial number, or other element allowing its identification, and the manufacturer and importer details.
Where it is not possible for this information to be on the equipment itself, the above information should be on its packaging or a document accompanying the equipment. In addition, proper instructions, safety information, and the Declaration of Conformity must accompany the electrical equipment.
The above information should be in a language that can be easily understood by end users and the authorities.
Manufacturers, importers, and distributors should immediately take the corrective measures necessary to bring equipment into conformity, or withdraw or recall it, as appropriate.
When the equipment presents a risk, manufacturers, importers, and distributors should immediately inform the competent national authorities of the Member States where it was sold, along with details of the non-conformity and of any corrective measures taken.
Manufacturers, importers, and distributors should provide a competent national authority with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the equipment with the EMC Directive, following a reasoned request.
We strongly encourage you to visit the European Commission’s websites for more information on the Electromagnetic Compatibility Directive:
http://ec.europa.eu/growth/sectors/electrical-engineering/emc-directive_fr
http://ec.europa.eu/DocsRoom/documents/32361?locale=fr
The EMC Regulation applies to all products sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, “GB”) and Northern Ireland. You can read more about the position in Northern Ireland (“NI”) below.
The EMC Regulation applies to equipment. Equipment is (i) either a single functional unit sold to an end-user and liable to generate electromagnetic disturbance or whose performance could be affected by electromagnetic disturbance (defined as “apparatus”) and (ii) combinations of such units (and potentially other devices) that are assembled, installed, and intended to be used permanently at a predefined location (defined as a “fixed installation”).
There are some exceptions, including: aeronautical products, radio equipment used by radio amateurs, and custom-built evaluation kits intended for professionals to be used solely at research and development facilities for such purposes.
The EMC Regulation sets out obligations for manufacturers, authorized representatives, importers, and distributors.
Declaration of Conformity and conformity marking:
A manufacturer’s responsibilities include the following:
The required conformity marking is as follows:
An importer’s responsibilities include ensuring the following:
Manufacturers and importers of equipment must keep a copy of the technical documentation and a copy of the declaration of conformity for 10 years after the equipment has been offered for sale or supply.
A distributor’s responsibilities include:
Manufacturers and importers must ensure that the equipment bears:
Distributor responsibilities include verifying that the equipment bears a UK mark, a type, batch or serial number, or other element allowing its identification, and the manufacturer and importer details.
Where it is not possible for this information (excluding the conformity marking) to be on the equipment itself, it should be on its packaging or a document accompanying the equipment. The UK government has released guidance on alternative means of providing GB importer traceability information until December 31, 2022. See “Brexit: UK Government guidance” section below for links to this guidance.
In addition, proper instructions, safety information, and the Declaration of Conformity must accompany the electrical equipment. A specific Declaration of Conformity that refers to UK legislation and standards will be required for products sold in GB with a UKCA marking from January 1, 2021. See the “Brexit: UK Government guidance” section below for links to the UK Government guidance on this.
The above information should be in English.
Please note that different rules will apply in NI from January 1, 2021, as a result of the Northern Ireland Protocol. In particular:
Manufacturers, importers, and distributors should immediately take the corrective measures necessary to bring equipment into conformity, to withdraw or to recall it, as appropriate.
When the equipment presents a risk, manufacturers, importers, and distributors should immediately inform Trading Standards (or OFCOM for apparatus with issues relating to the protection and management of the radio spectrum), along with details of the non-conformity and of any corrective measures taken.
Manufacturers, importers, and distributors should provide the competent authority with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the equipment with the EMC Regulation, following a reasoned request.
The UK Government has released guidance on selling products in GB and NI after Brexit . This guidance provides information for manufacturers, importers and distributors regarding compliance requirements from January 1, 2021, including on:
We encourage you to review this guidance (linked below), alongside any other specific UK Government guidance that applies to your product. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from January 1, 2021.
The Brexit guidance can be found here:
We also encourage you to visit the Business Companion website, which contains guidance on UK product compliance rules:
https://www.businesscompanion.info/en/get-started
https://www.businesscompanion.info/en/quick-guides/product-safety/electrical-equipment