4. ELECTROMAGNETIC COMPATIBILITY
(24184)
5562/03
COM(02) 759
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Draft Council Directive on the approximation of the laws of the Member States relating to electromagnetic compatibility.
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| Legal base: | Article 95 EC; co-decision; QMV
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| Document originated: | 23 December 2002
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| Deposited in Parliament: | 24 January 2003
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| Department: | Trade and Industry
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| Basis of consideration: | EM of 29 January 2003
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| Previous Committee Report: | None
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| To be discussed in Council: | No date set but see paragraph 4.9
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| Committee's assessment: | Politically important
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| Committee's decision: | Not cleared; further information requested
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4.1 The objective of the Electromagnetic Compatibility
Directive[7] (EMC Directive)
is to guarantee the free movement of electrical equipment, whilst
creating an acceptable electromagnetic environment within the
EU. It seeks to ensure that electromagnetic disturbances produced
by electrical equipment do not affect the correct functioning
of other such equipment, including telecommunication and electricity
distribution networks, and that such equipment has an appropriate
level of immunity to electromagnetic disturbances so that it can
function as intended.
4.2 The document is a new draft Directive to replace
the existing one. It retains the same objectives but attempts
to clarify the original Directive and to reduce unnecessary administrative
burdens on industry.
4.3 In 1997, prompted by experience gained in applying
the existing Directive, the Commission issued an informal guide
which it drew up with the help of national authorities and other
interested parties. The Commission says that the EMC Guide has
made a substantial contribution towards homogeneous application
of the Directive, but it is informal and does not provide legal
certainty. The Directive was identified as a candidate for the
SLIM[8] initiative and
in 1998 a SLIM panel, on which the UK was represented, recommended
that it should be revised so as to give legal weight to solutions
identified on a number of issues, to reduce administrative burdens
and to provide greater clarity. The Commission set up a working
group which embarked on an extensive consultation during which
several drafts were placed on the Commission website so as to
attract comments from other interested parties. It has also held
open meetings in Brussels.
4.4 The draft contains changes to the existing Directive
in the following areas:
- clarification of the scope of the Directive by more clearly
defined definitions and exclusions;
- extension of the scope of the Directive to include ready-made
connecting devices;
- the treatment of fixed installations by means of a more appropriate
regulatory regime;
- more detailed essential requirements;
- clarification of the role of harmonised standards;
- simplification of the conformity assessment procedure, reduced
to a single procedure for apparatus;
- increasing manufacturers' choice by abolishing compulsory
third-party intervention where harmonised standards have not been
applied but allowing in all cases for voluntary involvement of
conformity assessment bodies for apparatus; and
- improved market surveillance through better traceability of
the manufacturer.
The Government's view
4.5 The Parliamentary Under-Secretary of State for Science
and Innovation (Lord Sainsbury of Turville) notes that the Commission
carried out an unprecedented amount of consultation and re-drafting
over a period of about two years. It is therefore reasonable to
assume, he suggests, that the proposal will enjoy a high level
of general support, even if there are areas that will not meet
the needs of all players. He does not indicate which these might
be, but he does say that the proposed changes are not controversial,
in that they build on established guidance arrived at with a broad
consensus. He then comments:
"The UK position is that, in principle, most of the changes
are in line with the present UK thinking particularly in terms
of trying to make the Directive more workable and reduce unnecessary
burdens on industry. The conformity assessment regime for installations
accords with the present UK position on installations expressed
in the UK Regulations. In addition, the decision to abolish the
mandatory requirement to make use of third party Competent Bodies
when harmonised standards are not used is a move which is strongly
supported by the UK in the interests of proportionality.
"Most of the other proposals appear to be reasonable except
for three which will require further investigation and assessment
during a Regulatory Impact Assessment (RIA). The first relates
to additional marking requirements to enhance traceability by
enforcement authorities. This is a factor that affects other Directives
and is not unique to EMC. However, the cost/benefit needs to be
looked at in more detail. The second relates to the bringing into
scope for the first time of certain types of "ready made
connecting devices" for the transmission of signals. The
Commission cost benefit analysis attaches considerable cost to
this item yet provides little evidence of the need in terms of
such items causing electromagnetic interference. The third relates
to a possible tightening of the requirement to apply harmonised
standards in a particular way. This will need further investigation
to establish whether it will, in practice, be a change from how
this issue is dealt with at present."
Consultation
4.6 The Minister says that interested parties consulted
by the Department of Trade and Industry include other Government
departments, industry, trade associations, test organisations
and users. It will continue to take into account the view of these
interested parties when deciding the line to take in future discussions.
The general view expressed by those consulted so far is that the
changes are not controversial but that industry has now settled
down with the present Directive and sees little benefit in change.
There is however concern about the extension of scope to include
"ready made connecting devices", the additional marking
requirements and the possible tightening of the application of
harmonised standards.
Regulatory Impact Assessment (RIA)
4.7 The Commission carried out an extensive cost/benefit
analysis, using an independent UK-based consultant, which was
published in January 2002.[9]
The Government hopes to build on this material when preparing
its own RIA, which it will submit as soon as available.
Financial implications
4.8 The Minister says:
"The Commission CBA makes it clear that this simplification
of the EMC Directive will come at some cost to industry and users.
It suggests that the industry which has a _400 billion (£266
billion) EU turnover will face on average a net cost of _2.1 billion
(£1.4 billion) amounting to 0.1% of the sector's turnover
discounted over an 8 year period (expected life of the Directive).
As the UK may be described as a "typical" EU state in
terms of this industry, these figures if validated could be taken
as applying in the UK on a pro-rata basis with the net cost of
0.1% of turnover also being applicable. It must be remembered
however that this is an average and there will be variation depending
on the sub sector concerned. It is also worth noting that the
Commission did make some changes to the draft as a result of the
RIA itself indicating specific areas where the costs were high.
This suggests that the actual costs now are likely to be somewhat
lower than the RIA indicated.
"However the three areas of concern mentioned above were
not changed as a result of the RIA and account for about 90% of
the gross costs of the revision. As such these areas will be further
investigated in the UK RIA as will the specific effect on SMEs
(which account for some 60% of the EU turnover)."
Timetable
4.9 It is possible that the proposal will be introduced
by the Greek Presidency, before the end of June, but this is not
yet clear.
Conclusion
4.10 The Minister identifies three areas of concern
which were not addressed following the Commission's regulatory
impact assessment. They account for about 90% of the gross costs
of the revisions proposed and the Minister says that British industry
is unconvinced of the benefit of the changes. He has promised
to investigate these issues further and to deal with them in the
UK Regulatory Impact Assessment (RIA) which the Government is
now preparing.
4.11 We ask the Minister to ensure that we are given
adequate opportunity to consider this proposal again, with the
benefit of the UK's RIA, before any decision on it is taken by
the Council.
4.12 We do not clear the document.
7 Council
Directive 89/336/EEC of 3 May 1989, amended by Directives 91/263/EEC,
92/31/EEC and 93/68/EEC. Back
8 Simpler
Legislation for the Internal Market. Back
9 Cost
Benefit Analysis on the draft Amendment of the EC Directive on
Electromagnetic Compatibility Final Report prepared for European
Commission Directorate-General Enterprise January 2002. Available
at:- http://europa.eu.int/comm/enterprise/electrequipment/engin/cba.pdf. Back
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