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Electromagnetic compatibility
In Romania, ANCOM and ANPC are institutions responsible for the enforcement of the legislation in force in the field of electromagnetic compatibility and for the market surveillance and control activities concernig these equipment. ANCOM market surveillance and control activity in the field of electromagnetic compatibility concerns only the conformity of the equipment made available on the market and the equipment belonging to the end-users. ANPC surveillance and control activity concerns only the conformity of the equipment belonging to consumers.
Electromagnetic compatibility in the European Union
European Union member states have responsibility for protecting radio communications, electrical supply networks and telecommunications networks, as well as related equipment, from electromagnetic disturbance. The aim of the European Union is to support its Member States in their efforts to achieve this goal, while ensuring that such equipment is traded freely throughout the Union.
The directive on electromagnetic compatibility
Directive 2014/30/EU (EMC Directive) of the European Parliament and of the Council, as of 26 February 2014, on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) is intended to harmonise the rules governing the sale within the EU of equipment liable to generate electromagnetic disturbance or to be affected by it. This Directive repealed and replaced Directive 2004/108/EC, which had previously regulated this area.
The Directive 2014/30/EU was transposed into Romanian legislation by Government Decision no. 487/2016 on electromagnetic compatibility.
The EMC Directive does not apply to the radio equipment covered by Directive 2014/53/EU (RED), including the redio receivers, destined to be used only for programme television/broadcasting services, but applies to the terminal telecommunication equipment, which were previously covered by the old R&TTE Directive. Aeronautical equipment, destined exclusively to be used in-flight, custom built evaluation kits destined for professionals to be used solely at research and development facilities, as well as radio equipment used by radio amateurs (and which are not made available on the market) are also excluded from the scope of the EMC Directive. Further information on the EMC Directive, including guides, is available here.
The essential requirements regarding electromagnetic compatibility for equipment covered by the EMC Directive are set out in Annex I to the Directive (Annex 1 to the Government Decision no. 487/2016).
Government Decision no. 431/2019, amending and completing Government Decision no. 487/2016, introduces the definition of the device destined to produce electromagnetic disturbances: „any apparatus designed and manufactured with the intent to produce electromagnetic disturbances, in such a way as to degrade the functioning of other equipment” (the jammer slot machine, for example), stipulates that, on Romania territory, it is legally prohibited to manufacture, import, possess, advertise, introduce or make available on the market, putting into service and/or use of equipment or devices destined to produce electromagnetic disturbances, and establishes the applicable sanction.
Starting 8 August 2019, according to the provisions of Government Decision no. 431/2019, ANCOM may require the National Institute for Research-Development in Informatics, as regards the domain and sub-domain register for the «.ro» area, to transmit the data or information that might lead to the identification of persons selling radio equipment by electronic means.
Note: Equipment placed on the market before the date of entry into force of Government Decision no. 487/2016, which observe the provisions of the Government Decision no. 57/2015 on electromagnetic compatibility, may be made available on the market or be put into service.
Conformity assessment
Compliance of equipment falling under the EMC Directive with the essential requirements set out in Annex I of the directive may be demonstrated by means of either of the following conformity assessment procedures: (a) internal production control set out in Annex II to the directive, or (b) EU type examination that is followed by Conformity to type based on internal production control set out in Annex III to the directive.
The manufacturer may choose to apply one of the abovementioned conformity assessment procedures, irrespective to whether he decides to use or not to use harmonised standards during the conformity assessment process. In case the manufacturer chooses the EU type examination that is followed by Conformity to type based on internal production control, this procedure provides that the manufacturer must address a notified body in view of assessing the conformity of the equipment based upon the technical documentation of the respective equipment. After examining the technical documentation, the notified body may issue an EU-type examination certificate to the manufacturer, stating that the respective equipment fulfils the essential requirements under Annex I to the EMC Directive. This certificate will then be attached to the technical documentation.
The manufacturer must keep the technical documentation for 10 years after the equipment has been placed on the market. Also, the importer must ensure that the manufacturer has drawn up the technical documentation and that the technical documentation can be made available to ANCOM, upon request.
Further details on these two conformity assessment procedures are stipulated in Annexes II and III of the EMC Directive (Annexes 2 and 3 of Government Decision no. 487/2106).
After completing the conformity assessment process, the manufacturer or his authorised representative within the EU may affix the CE marking on the equipment. The CE marking affixing shall observe the instructions under arts. 16 and 17 of the EMC Directive (art. 15 of the Government Decision no. 487/2016).
The provisions relevant to CE marking cover apparatus sold to end users as independent functional units, which are either liable to generate electromagnetic disturbance, or could see their performance affected by it. They do not cover apparatus that are specifically intended to be incorporated into a fixed installation and are not otherwise made commercially available.
The presence of EC marking on equipment covered by the EMC Directive indicates that the respective equipment meets the technical requirements in force in order to be sold anywhere in the European Economic Area – EEA (EU member states, plus Norway, Iceland and Liechtenstein), as well as in Turkey. EC marking should also be applied on products manufactured in third countries.
The European Commission has launched a one-stop web portal with all the information about the EC marking.
Harmonised European standards
The use of harmonised standards is stated under art. 13 of the EMC Directive. The Commission has mandated the European standardization bodies (ETSI, CEN, CENELEC) to elaborate a series of harmonised standards.
When references of harmonised standards are published in the Official Journal of the European Union, a manufacturer declaring that his/her product complies with the applicable harmonised standards benefits from "the presumption of conformity" of that product with the essential requirements covered by the respective standards.
Therefore, the first step that a manufacturer should take in order to ensure that an equipment will be in accordance with the provisions of the EMC Directive is to check which European harmonised standards are applicable.
The European Commission makes available a list of harmonised standards related to electromagnetic compatibility. It is worth mentioning that the use of harmonised standards is voluntary.
Notified Bodies (NB)
The Notified Bodies (NB) fulfil the tasks listed under Chapter IV of the Government Decision no. 487/2016.
List of the Notified Bodies, notified in the European Union in accordance with the EMC Directive
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