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Requirements of the EMC Directive
The EMC Directive seeks to control electrical interference by establishing ‘essential requirements’ for all electrical goods:

“The apparatus shall be so constructed that:

(a) The electromagnetic disturbance it generates does not exceed a level allowing radio and telecommunications equipment and other apparatus to operate as intended.

(b) The apparatus has an adequate level of intrinsic immunity to electromagnetic disturbance enabling it to operate as intended."

EMC Harmonisation
The European Harmonised EMC Standards provide guidelines and limits for testing and include descriptions of test layout and methods, as well as defined maximum permissible limits of electromagnetic emission and immunity levels.
Who Enforces the EMC Directive?
Enforcement of the EMC Directive is the responsibility of Government-appointed authorities in individual countries. In Great Britain, enforcement is by Local Authority Trading Standards Offices (LATSOs), whilst in Northern Ireland, the regulations are enforced by the Dept of Economic Development. (The Secretary of State for Trade and Industry enforces the regulations for radio communications transmitting equipment).In Germany, enforcement is by BAPT (Bundesamt für Post und Telekommunikation) which has a head office in Munich and four regional offices. In France, enforcement is by DGCCRF (Direction Générale de la Consommation, de la Concurrence et de la Répression des Fraudes).
What are the Penalties of Non-Conformance?
If a complaint is received about the EMC performance of a product and (on investigation) it is shown to be non-compliant, then the product will be banned from sale in the countries of European Union, and other countries signed up to the EMC Directive. The manufacturer needs to be able to demonstrate ‘due diligence’ in the event of a reported EMC problem. In the UK, if the manufacturer fails to comply with the recommendations of the enforcement authority, it could also result in imprisonment not exceeding 3 months, or a fine not exceeding £5,000 (or both). There could also be separate product liability claims resulting from non-compliance.
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