Hi Charlie,
Please note that Annex I for both Directives lists the essential
requirements. Annex I makes no mention of declarations of conformity
(DOCs). Again, the article addressing DOCs in each directive has not
been identified with a delayed application. Also, there is no essential
requirement in the old directives that are contradicted in the new
directives. Hence, a product declared compliant to the new directives
is automatically compliant with the old soon-to-be-repealed directives.
By the way, updates to the essential requirements are minor and actually
provide more information.
* EMC Directive 2014/30/EU Annex I reduces the description of fixed
installation requirements to the first sentence of what was in the
old Directive 2004/108/EC Annex I section 2: "A fixed installation
shall be installed applying good engineering practices and
respecting the information on the intended use of its components,
with a view to meeting the essential requirements set out in point
1." The old Directive 2004/108/EC Annex I section 2 also adds
"Those good engineering practices shall be documented and the
documentation shall be held by the person(s) responsible at the
disposal of the relevant national authorities for inspection
purposes for as long as the fixed installation is in operation."
This is really not appropriate to be listed as an EMC essential
requirement. The new EMC Directive 2014/30/EU correctly moves this
statement to the last paragraph of Article 19 section 1 because
Article 19 is a whole article discussing the requirements unique to
fixed installations. Please note that other electrical equipment
that are not fixed installations also have records retention
requirements, and those records retention requirements were never
listed in the essential requirements.
* Low Voltage Directive 2014/30/EU Annex I removes from the essential
requirements one requirement that was in the old Directive
2006/95/EC Annex I section 1(c): "The brand name or the trade mark
should be clearly printed on the electrical equipment or, where that
is not possible, on the packaging." However, the new Low Voltage
Directive 2014/30/EU still addresses this requirement but places
this requirement in Article 6 section 6: "Manufacturers shall
indicate on the electrical equipment their name, registered trade
name or registered trade mark and the postal address at which they
can be contracted or, where that is not possible, on its packaging
or in a document accompanying the electrical equipment."
Again, if you comply with the new directives of 2014, then you also
comply with the old soon-to-be-repealed directives.
Please provide an official European Union (EU) document that confirms
that "Declarations against these new Directives cannot be issued until
20 April 2016 as they have no legal standing until then."
Monrad
Note: All opinions written above are my own and are not necessarily
those of any company I work for.
<http://www.oracle.com>
On 3/23/2015 3:50 PM, Charlie Blackham wrote:
Monrad
These directives cannot be used at the moment – the relevant detail is
at the end of the quoted articles (with my bold text)
/2014/30/EU Article 46 /
*Entry into force and application *
This Directive shall enter into force on the twentieth day following
that of its publication in the /Official Journal of the European
Union/.EN 29.3.2014 Official Journal of the European Union L 96/95
Article 1, Article 2, points (1) to (8) of Article 3(1), Article 3(2),
Article 5(2) and (3), Article 6, Article 13, Article 19(3) *and Annex
I shall apply from 20 April 2016.*
//
2014/35/EU /Article 28 /
*Entry into force *
This Directive shall enter into force on the twentieth day following
that of its publication in the /Official Journal of the European Union/.
Article 1, the second paragraph of Article 3, Article 5, Article 13(2)
and (3) *and Annexes I, V and VI shall apply from 20 April 2016*.
Declarations against these new Directives cannot be issued until 20
April 2016 as they have no legal standing until then
Regards
Charlie
*From:*Monrad Monsen [mailto:monrad.mon...@oracle.com]
*Sent:* 23 March 2015 21:25
*To:* EMC-PSTC@LISTSERV.IEEE.ORG
*Subject:* Re: [PSES] Harmonised Standards for EMC Directive
2014/30/EU and Low Voltage Directive 2014/35/EU
Hi John,
Where is it written that "Directives aren't valid until ALL member
states have implemented them"?
*_ENTER INTO FORCE_*
I note that both the Low Voltage Directive and the EMC Directive
clearly states: "This directive *_shall_* enter into force on the
twentieth day following that of its publication in the Official
Journal of the European Union." (Emphasis on "shall" is mine.) See
the citations below:
* Article 45 of the EMC Directive 2014/30/EU that was published in
the Official Journal on 29 March 2014. Accordingly, the EMC
Directive 2014/30/EU entered into force on 18 April 2014. Please
also note that Article 45 does not list Article 15 (EU declaration
of conformity) as one of the articles that has a delayed application.
* Article 28 of the Low Voltage Directive 2014/35/EU that was
published in the Official Journal on 29 March 2014. Accordingly,
the Low Voltage Directive 2014/35/EU entered into force on 18
April 2014. Please also note that Article 28 does not list
Article 15 (EU declaration of conformity) as one of the articles
that has a delayed application.
As written, it appears that the new directives are entered into force
and can be used on declarations of conformity (DOCs).
*_REPEAL_*
Similarly, both directives state the older directives (2004/108/EC and
2006/95/EC) are "repealed with effect from 20 April 2016, without
prejudice to the obligations of the Member States relating to the time
limits for transposition into national law and the dates of
application set out" in the new directives (2014/30/EU and
2014/35/EU). As a result, any products that still relies on the old
directives for CE compliance may not be imported and sold after 20
April 2016.
Fortunately, both new directives do state that any "references to the
repealed Directive shall be construed as references to this [new]
Directive and shall be read in accordance with the correlation table
given" in the new Directive. As a result, as long as the product
still complies with the new directive and just has documentation
making outdated references to the old directive.
So ... if you are correct that EU directives are "aren't valid until
ALL member states have implemented them", I would like to know the
official document that contradicts the EU directives themselves.
Thanks.
Monrad
On 3/2/2015 12:50 PM, John Woodgate wrote:
In message <000f424e.486384b410ff5...@rpqconsulting.com>
<mailto:000f424e.486384b410ff5...@rpqconsulting.com>, dated Mon, 2
Mar 2015, "Ron Pickard (RPQ)" <rpick...@rpqconsulting.com>
<mailto:rpick...@rpqconsulting.com> writes:
As I believe as Mr. Woodgate pointed out earlier, these new
directives have no legal standing until at least one member state
enacts them into their own legal system. To my knowledge, that
hasn't happened yet. Anyone have any info on this?
There has been a new ruling on this from the Commission. One
implementation is NOT ENOUGH: the Directives aren't valid until
ALL member states have implemented them.
I suppose this is because a member state could find a serious
objection to implementation, which would put everything back in
the melting pot.
-
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