Legal and Contractual Value of the Standards



This question is of importance in view of the certification of compliance with EMC requirements.

EMC Standards produced by the international standardisation organisation are in principle only recommendation representing the state of the art and in this sense serve as reference.

Standards produced by CENELEC and ETSI have a more binding character. They are published as European standards (EN or ETS) and are the basis for the 'harmonisation of standardisation' in all European Union member countries. They must be transferred into the framework of national standardisation where they replace all other standards on the same subject. They then assume the status of a recommendation or a law. CENELEC and ETSI standards may also get a contractual role in commercial documents.

IEC or CISPR standards are in principle only recommendations. However they may acquire a legal status if they are introduced into the legislation of a country by law or decree.

They may also get a contractual role in commercial documents.


What are the standards that should be applied for the implementation of the EMC Directive ?

The EMC Directive specifies that products will be presumed to comply with its requirements if the manufacturer has applied the corresponding standards published in the official Journal of the European Union. In practice, it is the CENELEC and ETSI standards which will serve as reference as regards the requirements to be satisfied and for the establishment of certificates of conformity. The basic standards will not be published separately in the Official Journal of the EU, but in practice nevertheless acquire a quasi official status if they are mentioned in the generic and products standards.