A public consultation on the EU Electromagnetic Compatibility Directive has been launched as part of the European Commission's ongoing evaluation to assess if the rules are still fit for purpose, especially in light of new technologies and the increased prevalence of consumer tech products – this area of law has not undergone major modification in almost 30 years.

The requirements under the Electromagnetic Compatibility Directive 2014/30/EU ("EMC Directive") apply to a wide range of products (such as electrical and consumer tech products) and fixed installations (such as data centres). The Commission has been undertaking an evaluation of the EMC Directive to assess if the rules are still fit for purpose or whether amendments are needed.

Together with its predecessor legislation, the requirements under the EMC Directive have not undergone a major modification for almost 30 years. However, during this time, there has been a huge shift in the characteristics of products in scope, with increased digitisation and electromagnetic exposure of consumer tech products, especially in the context of 5G.

A public consultation was launched on 9 October 2020 and will run until 29 January 2020. A targeted consultation to gather views from stakeholders to support an independent study commissioned as part of the evaluation has also been running in parallel, closing on 20 October 2020.

The aim of the public consultation is to gather feedback on the implementation of the EMC Directive to:

  • Assess whether the EMC Directive remains fit for purpose in terms of its overall effectiveness, efficiency, relevance, coherence and EU added-value;
  • Assess difficulties for stakeholders in implementing the EMC Directive that may require regulatory and / or non-regulatory measures to rectify; and
  • Assess the adequacy of the EMC Directive in light of scientific and technological progress.

The areas being covered in the evaluation include the scope of the EMC Directive, the essential requirements and the interaction between the EMC Directive and other EU legislation, such as the Low Voltage Directive 2014/35/EU, the Radio Equipment Directive 2014/53/EU and the Machinery Directive 2006/42/EC.

You can take part in the public consultation by completing the questionnaire here until 29 January 2020. To get involved in the targeted consultation as part of the independent study see here. It's important to remember that feedback will be made public. Please reach out to the Cooley products team if you need help or advice in relation to these consultations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.