OEM Components are always exempt from CE marking, the
question is whether the items are classed as components
and whether the system with the components need
CE marking or re-CE marking.
The latest version of the Guidelines on the EMC directive
from the commission, issued about a month ago give
greater clarification on components and since this may
be of general interest and the guidelines have not been
made generally available I will give the full text:-
4.7 Application of the Directive to components
4.7.1 Grounds
'The EMC Directive contains no provisions for components,
sub-assemblies, devices or other units intended for
incorporation in electrical or electronic apparatus, equipment
or installations.
However, where electromagnetic compatibility is concerned,
common industrial, technical and commercial practice has revealed
that it is sometimes difficult to decide which category (i.e. electrical
or electronic apparatus, equipment or installation belongs. In
other words, it is sometimes difficult to say whether it must be
regarded as 'apparatus', as defined in Article 1(1), or if it is a
component or a sub assembly.
Everybody knows that components can be placed on the
market for distribution and/or use as a single commercial
unit. For example, electrical motors and electronic circuit
boards, sometimes complex, are commonly available to
the general public from specialised shops.
However, products of this type do not have to comply
with the rules in the Directive unless they are considered
equivalent to 'apparatus' as defined in Article 1(1) of the
directive.
Accordingly, manufacturers must bear in mind the following
criteria:
- the 'end use' of the component:
Is the product intended exclusively for an industrial
assembly operation for incorporation in 'apparatus'
as defined in Article 1(1)?
or is it also intended to be marketed individually for distribution
and/or use as a single commercial unit?
- if so, does it perform a 'direct function'
4.7.2 Components not intended to be placed on the market
This is the case with components designed, manufactured and
intended for incorporation in 'apparatus'
These products are not placed on the market for distribution
and/or use.
Components of this type are not considered 'apparatus', as
defined in the EMC Directive, and are not subject to the
rules laid down in the Directive.
But the end product containing the components must
comply with the EMC Directive.
4.7.3 Components intended to be placed on the market
This category covers components which, in accordance
with the use criterion, are placed on the market for distribution
and use . Such components need not comply with the rules
in the Directive unless they are considered equivalent to
'apparatus' as defined in the Directive, i.e. unless they
perform a direct function.
'Direct function' means any function which meets the
needs of a user, without the need to make any further
adjustments other than any connections essential for its
electrical power supply or for the exchange of analogue
or digital signals.
4.7.3.1 Components performing no direct function
Although components always fulfil a function within the
apparatus in which they are incorporated, they do not
in themselves perform a direct function. For example,
a cathode-ray tube performs a function within the visual
display monitor in which it is installed , but only the
monitor supplies the user with the direct function sought
i.e. that of the visual display screen
The cathode-ray tube performs no direct function and
cannot therefore, be regarded as 'apparatus' but is a
component, whereas the monitor is an apparatus.
In the same way, similar examples are:
* Electrical or electronic components forming part of
electrical or electronic circuits.
* resistors, capacitors, coils or miniaturised transformers
* diodes, transistors, thyristors, triacs, etc.
* integrated circuits
* Cables and cabling accessories
* plugs, sockets, terminal blocks etc.
* current sources such as accumulators, batteries, etc.
* cathode-ray tubes, LEDs, liquid-crystal visual display
screens, etc.
These types of components with no direct function are not
considered apparatus within the meaning of the EMC
Directive. The EMC Directive does not apply to them.
4.7.3.2 Components performing a direct function
Components, some complex, can be placed on the
market in specialised stores for distribution and/or
taking into service.
Slide-in circuit boards, such as smart cards or Input/output
modules , designed for incorporation in microcomputers
are products easily found in chain stores open to the general
public. Once cards of this type are inserted into a PC they
perform a direct function for the user. They must therefore
be considered as equivalent to electrical or electronic
apparatus and consequently, as subject to the rules in
the EMC Directive.
Similar examples include:
* slide-in electronic cards for computer systems, micro-
processor cards, central processing unit cards,
electronic mail cards, telecommunication cards, etc.
* control cards, cards for regulating industrial processes, etc.
* modular numeric control equipment for:
- machine tools
- lift controls
* PC disk readers;
* electricity supply units, where they take the form of autonomous
equipment
* battery chargers
* electronic temperature controls
* DIY kits (DIY kits must be designed to ensure compliance with
the protection requirements when the parts of the kit are
assembled in accordance with the manufacturer's instructions)
Components performing a direct function and placed on the
market for distribution and/or taking into service are considered
apparatus within the meaning of the meaning of the EMC
directive. The EMC Directive applies to them.
I therefore conclude that by the Commissions interpretation
your items will not need to be CE marked themselves if they
were supplied and installed by your service organisation but
would if they were sold to the general public via a retail outlet.
The in-between arrangement of the items being purchased from
you or your agent by your customer for fitting themselves
seems a grey area.
The EMC directive does not mention repairs or spare parts
explicitly and neither do the new guidelines. The UK implementation
of the Directive does however.
Regulation 14 of Statutory Instrument 1992 No. 2732 states that:
(1) Subject to paragraph (2) these Regulations do not apply to
spare parts.
(2) Nothing in this regulation shall be taken in to affect the application
of these Regulations to apparatus into which a spare part has been
incorporated
(3) In this regulation 'spare part' means a component or combination of
components for use in replacing parts of electrical apparatus.
The UK Regulations also, in regulation 16 specifically exclude second
hand apparatus provided it has not been subject to further manufacture.
however the definition of manufacture in regulation 3 (2) specifically
excludes repair
Thus from a UK point of view in your cases 1 and 2 both the replacement
components (as spare parts) and the repaired systems (as repaired
second hand equipment) are excluded from the regulations.
Your case 3 is a bit of a problem if the customer buys and fits
the options themselves. Had your service organisation fitted
the upgrades then the systems would have counted as
re-manufactured second hand equipment and you could have
relied on the DOC covering that variant or the same DOC
if it referred to a TCF covering all variants.
In the UK implementation the regulation that excludes
components is 7 (2) which states
(2) For the purposes of these regulations, electrical apparatus:-
(a) consists of a product with an intrinsic function intended
for the end user; and
(b) is supplied or intended for supply or taken into service
or intended to be taken into service as a single
commercial unit
which is-
(i) an electrical appliance
(ii) an electronic appliance; or
(iii) a system
The 'single commercial unit' phrase would seem
on the surface to exclude plug in units form
the scope of the UK regulations and thus allow
the upgrades by customer to be under the same
conditions as is fitted by your service organisation.
The UK Department of Trade and Industry intend
to issue an updated version of their own guidelines
in the next couple of months in response to the
Commission guidelines and it will be interesting
to see whether they fall in line with the Commission
in this matter.
Nick Rouse
