EMC Directive FAQ EU importer duties

Article 9 of Directive 2014/30/EU puts the importer gate before market placement. The importer must ensure that the apparatus is within the EMC Directive apparatus regime, that the manufacturer has carried out the Article 14 conformity assessment, that technical documentation exists, that the CE marking is present, and that the apparatus is accompanied by the required documents.

The importer must also check the manufacturer's traceability information: type, batch, serial number or another product identifier, plus the manufacturer's name, registered trade name or registered trade mark, and postal contact address. The importer's own name, registered trade name or registered trade mark and postal address must also appear on the apparatus, or where that is not possible, on packaging or in an accompanying document. Importer details must not obscure the manufacturer's information.

If the importer considers or has reason to believe that the apparatus is not in conformity with the EMC essential requirements, it must stop the market-placement decision. The apparatus must not be placed on the market until it has been brought into conformity, and if it presents a risk the importer must inform the manufacturer and market surveillance authorities.

The core evidence links the physical apparatus to the EU declaration of conformity and technical documentation. A generic supplier statement does not establish that link. The EMC Guide explains that technical documentation should identify the product and allow an unambiguous link between the technical file, the EU declaration of conformity, and the product.

For the EU declaration of conformity, the EMC Guide describes a model structure covering the apparatus model or product identification, manufacturer or authorised representative name and address, the statement that the declaration is issued under the sole responsibility of the manufacturer, the relevant Union harmonisation legislation, harmonised standards or other technical specifications used, notified-body information where applicable, and signature details.

The importer must also verify that instructions and Article 18 information accompany the apparatus in a language easily understood by consumers and other end-users in the relevant Member State. For EMC, use information includes specific precautions for assembly, installation, maintenance, or use where those precautions are needed to keep the apparatus compliant when put into service.

Importer duties continue while the apparatus is under the importer's responsibility and after placement. Storage or transport conditions must not jeopardise compliance with the EMC essential requirements. That matters for products whose EMC performance depends on intact shielding, cabling, accessories, configuration, packaging, or installation information.

If the importer later considers or has reason to believe that apparatus it placed on the market is not in conformity, the Directive requires immediate corrective measures to bring the apparatus into conformity, withdraw it, or recall it if appropriate. If the apparatus presents a risk, competent national authorities in the affected Member States must be informed immediately with details of the non-compliance and corrective measures.

Complaint records and targeted testing can help an importer investigate suspected non-conformity, but Article 9 does not prescribe a separate sample-testing or complaints-register duty. On a reasoned request from a competent national authority, the importer must provide information and documentation needed to demonstrate conformity, in paper or electronic form and in a language easily understood by that authority. The importer must also cooperate with the authority on action taken to eliminate risks posed by apparatus it placed on the market.