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Regulations On Eea Requirements For Electromagnetic Compatibility (Emc) Of Equipment To Electronic Communications

Original Language Title: Forskrift om EØS-krav til elektromagnetisk kompatibilitet (EMC) for utstyr til elektronisk kommunikasjon

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Regulations on EEA requirements for electromagnetic compatibility (EMC) of equipment to electronic communications


Date FOR 2016-04-15-378


Affairs Ministry


Published in 2016 Booklet 5


Commencement 04/20/2016

Edited


Changes

FOR-2007-01-22-89, TO-2002-03-15-276

For
Norway

Legal

LOV-2003-07-04-83-§1-4, LOV-2003-07-04-83-§2-3, LOV-2003-07-04-83-section 8-1, hard- 2003-07-04-83-section 8-2, LOV-2003-07-04-83-§10-1, TO-2013-06-14-619

Promulgated
15.04.2016 kl. 15.20

Short Title
Regulations on EEA requirements (EMC) for equipment for electronic communications

Chapter Overview:

Main part
Appendix 1. Declaration

Adopted by Norwegian Post and Telecommunications Authority 15 April 2016 pursuant to the Act of 4 July 2003. 83 of the Electronic Communications (Act) § 4.1, § 2.3, § 8.1, § 8.2 and § 10-1, cf. delegated decision 14 June 2013 no. 619.
EEA referrals: (Directive 2014/30 / EU).

§ 1. Purpose The purpose of this regulation is to ensure that the internal market works and the equipment to electronic communications have an adequate level of electromagnetic compatibility.

§ 2. Scope These regulations apply requirements for equipment for electronic communication as defined in § 3, yet not

A)
equipment regulated by the Regulation of 20 June 2000 no. 628 on EEA requirements for radio and telecommunications terminal equipment and the Regulations of 15 April 2016 No.. 377 on EEA requirements for radio equipment which comes into force on June 13 2016 repealing the former regulation

B)
equipment governed by regulations 15 June 1999 no. 709 on EEA approval of maritime radio equipment and Regulations on EEA requirements related to maritime radio equipment which comes into force on 18 September 2016 which repeals the former Regulation

C)
equipment permitted by regulations 5 November 2009 No.. 1340 on radio amateur license unless the equipment is made available on the market. Kits for radio amateurs or equipment made available on the market and converted Amateur radio for use by radio amateurs are not regarded as equipment made available on the market

D)
equipment regulated by the regulation of 26 February 2013 No.. 219 on common European security rules for civil aviation and establishing a European Aviation Safety Agency (EASA regulations)

E)
purpose-built evaluation kits for professionals to be used only by research and development institutions to research and development purposes

F)
equipment because of their physical characteristics do not substantially may be disrupted by electromagnetic signals and does not generate signals which may cause interference.

In Svalbard it for equipment covered by the Regulations, alternatively given equipment license pursuant to § 8-1.

§ 3. Definitions In these regulations:

A)

Equipment: any apparatus or fixed installation

B)

Apparatus: any finished product or combination thereof, which is made available on the market as a single functional unit, intended for the end user, and which is able to produce electromagnetic interference, or which in use may be affected by such interference | ||
As appliances are also

1.
Components and complex devices intended for incorporation into an apparatus by the end user

2.
Mobile systems consisting of a combination of devices and any other devices intended to be moved and used at different locations

C)

Permanent installation: a particular combination of several types of devices and any other devices that are assembled, installed and intended for permanent use at a predetermined location

D)

Electromagnetic compatibility: the ability a device to function satisfactorily in its electromagnetic environment without causing unacceptable electromagnetic interference to other equipment in that environment

E)

Electromagnetic disturbance means any electromagnetic phenomenon which can reduce a device functionality. An electromagnetic disturbance may for example be electromagnetic noise, an unwanted signal or a change in the propagation medium

F)

Electromagnetic immunity: a device the ability to function as intended under electromagnetic influences

G)

Electromagnetic environment: all electromagnetic phenomena that can be observed in a narrowly defined area

H)

Security purposes, purposes that will ensure life and property

I)

Make available on the market means any supply of apparatus for distribution, consumption or use in the EEA in connection with commercial activities, against payment or free of charge

J)

Bring in revenue: make a device available in the EEA for the first time

K)


Producer: any natural or legal person who manufactures apparatus or receiving apparatus designed or manufactured, and markets instrument under his name or trademark

L)

Authorized representative: any natural or legal person established within the Community who has received written authorization from a manufacturer to act on his behalf in connection with specified tasks

M)

Importer means any natural or legal person established within the Community which provides an apparatus from a third country on the market in the EEA

N)

Distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes apparatus available on the market

O)

Market participants: manufacturers, authorized representative, importer and distributor

P)

Technical Specification: a document in which it set out the technical requirements a device must meet

Q)

Harmonized standard: a European standard developed by the European standardization organizations, CEN, CENELEC and ETSI, and adopted on the basis of a request from the European Commission for the implementation of Union harmonization legislation

R)

Conformity Assessment: a process to determine whether the basic requirements for appliances in the regulations are met

S)

Notified body: a body designated by the national authorities to exercise conformity assessment activities

T)

Recall any measure aimed at the return of apparatus that has already been made available to the end user

U)

Withdrawal means any measure aimed at preventing apparatus in the supply chain will be made available on the market

V)

CE marking, marking where the manufacturer indicates that the device complies with the requirements laid down in the EEA regulations.

In addition the definitions in the Electronic Communications Act.

§ 4. Terms to make equipment available on the market and put it into operation apparatus can be made available on the market when it meets the basic requirements of § 7 and are properly marked in accordance with § 20
Devices can put into operation when they satisfy the requirements of subsection when correctly installed, maintained and used as intended.
Fixed installations can be operated when they satisfy the requirements of § 7, when correctly installed, maintained and used as intended.

§ 5. Exhibitions, demonstrations, etc. The equipment can be displayed at exhibitions, fairs and similar events even if the equipment does not meet the requirements of the regulation, provided that it parted clearly that the equipment can not be made available on the market or put into service until it satisfy the requirements of the regulation.
Demonstration of equipment is only allowed if it is taken satisfactory measures to avoid electromagnetic interference.

§ 6. Special measures requirements of the regulation is not to prevent the following actions taken in connection with the equipment put into operation or use of equipment:

A)
measures taken to solve an existing or expected problem with regard to electromagnetic compatibility at a particular place

B)
measures taken for safety reasons to protect public electronic communications networks and receiving or sending stations used for safety purposes.

§ 7. Basic requirements Equipment must be designed and manufactured in line with the latest developments so that

A)
not cause powerful electromagnetic interference to prevent radio and telecommunications terminal equipment and other equipment may seem like intentional

B)
have a degree of immunity to electromagnetic interference that can be expected in connection with the intended use, which makes it work without the intended performance is reduced to an unacceptable degree.

Fixed installations shall, in addition to the requirements of subsection installed in a workmanlike fashion and take into account the intended use of appliances and other devices that make up the fixed installation in order to meet the requirements of the first paragraph.
Machinery made available on the market as independent entities and built into a fixed installation shall satisfy all the relevant requirements of the Directive.
Appliances which are intended for incorporation in a particular fixed installation and which are not made available on the market as independent entities do not have to satisfy the requirements of subsection and § 20

§ 8. Requirements for producer Before a device placed on the market shall producer preparing technical documentation in accordance with § 19, perform or have performed conformity assessment according to § 13 to § 16, ensure labeling requirements in § 20 and information to use in § 17.

Where conformity assessment indicates that the unit meets the requirements of the manufacturer must issue a declaration of conformity in accordance with § 18 and affix CE marking on the instrument in accordance with § 20. By issuing the declaration of conformity and affix the CE mark is the manufacturer responsible for ensuring that equipment complies with the requirements in regulation.
Shall keep the technical documentation and declaration of conformity for ten years after the unit was put into circulation.
Manufacturer shall make available to the Norwegian Post and Telecommunications Authority information on which market participants manufacturer has delivered equipment to ten years after the unit was delivered.
When a unit is placed on the market shall producer ensure that the device is designed and manufactured in accordance with the basic requirements of § 7
producer shall have procedures to ensure that aid during series production meets the requirements of the regulations. It should be adequately taken into account changes in device design and characteristics, and changes in the harmonized standards or other technical specifications as it is said to conform.
Der manufacturer determines or has reason to believe that a device that is placed on the market do not satisfy the requirements of the regulations, the manufacturer shall immediately take the necessary measures to bring the instrument in accordance with the regulations, if necessary, withdraw it from the market or call it back from end-users.
If the apparatus presents a risk, the manufacturer shall immediately notify the Norwegian Post and Telecommunications Authority and inform about the discrepancy with the regulations and the measures taken to bring the instrument in accordance with the regulations.

§ 9. Requirements for authorized representative in the EEA manufacturer may, by written authorization give an authorized representative in the EEA authorized to act on behalf of the manufacturer. The authorized representative can not be granted the authority to assume responsibility for the requirements for the preparation of technical documentation in § 19, or responsibility to ensure that the device is designed and manufactured in accordance with the basic requirements of the regulations § 7
The authorized representative shall perform the tasks resulting from authorization from the manufacturer. The authorization shall at least provide the authorized representative the opportunity to

A)
silent declaration of conformity and technical documentation available to the Norwegian Post and Telecommunications Authority for ten years after the equipment was brought in revenue,

B)
at the request of Norwegian Post and Telecommunications Authority to submit information and evidence that the unit complies with the requirements of Regulation

C)
upon request, to cooperate with the Norwegian Post and Telecommunications Authority on measures to eliminate the risk of the apparatus.

§ 10. Requirements importer Before a device placed on the market shall ensure that the importer

A)
manufacturer has carried out conformity assessment in accordance with § 13 to § 16,

B)
manufacturer has drawn up the technical documentation in accordance with § 19,

C)
device is properly labeled in accordance with § 20,

D)
appliance has manual and information in accordance with the requirements of § 17

Where an importer finds out or has reason to believe that an apparatus does not meet the basic requirements of the regulations § 7, he shall not make the apparatus available on the market until it is brought into conformity with the requirements. If the apparatus presents a risk, the importer shall inform the manufacturer and Norwegian Post and Telecommunications Authority about this.
Importer shall ensure that the transport and storage conditions of equipment under their responsibility not pose a risk to the device complies with the basic requirements of the regulations § 7
Where an importer finds out or has reason to believe that an apparatus placed on the market do not satisfy the requirements of the regulations, the importer shall immediately take the necessary measures to bring the instrument in accordance with the regulations, if necessary, withdraw it from the market or call it back from end-users.
If the apparatus presents a risk, the importer shall immediately notify the Norwegian Post and Telecommunications Authority and inform about the discrepancy with the regulations and the measures taken to bring the instrument in accordance with the regulations.
Importer shall make available to the Norwegian Post and Telecommunications Authority declaration for appliances for ten years after the unit is placed on the market and ensure that the technical documentation for the device is available in the same period.
Importer shall make available to the Norwegian Post and Telecommunications Authority information on which market participants importer has been handed appliances from and what market participants importer has handed over equipment to ten years after the unit was delivered.

There importer brings appliances sales under its name or trademark or modifies apparatus already brought in revenue in a way that may affect compliance with the requirements of the regulation shall be regarded as the manufacturer with the obligations arising from the Regulation.

§ 11. Requirements for distributor Before a device is made available on the market Distributor shall ensure that

A)
device is CE marked in accordance with § 20 and it comes with instructions and information on the use as specified in § 17

B)
manufacturer and importer has complied requirement

1.
That the apparatus is brought in revenues marked type plate, production or serial number or equivalent in accordance with § 20, second paragraph makes it possible to identify the device

2.
The appliance are marked with the manufacturer's and importer's name, registered company name or trademark and address that specifies a particular location as the manufacturer and the importer can be contacted according to § 20.

Where a distributor finds out or has reason to believe that an apparatus does not meet the basic requirements of the regulations § 7, he shall not make the apparatus available on the market until it is brought into conformity with the requirements. If the apparatus presents a risk, the distributor shall inform the manufacturer and Norwegian Post and Telecommunications Authority.
Distributor shall ensure that the transport and storage conditions of equipment under their responsibility, not pose a risk to the device complies with the basic requirements of the regulations § 7
Where a distributor finds out or has reason to believe that an apparatus made available in the market do not satisfy the requirements of the regulations, the distributor shall immediately take the necessary measures to bring the instrument in accordance with the regulations, if necessary, withdraw it from the market or call it back from end-users.
If the apparatus presents a risk, the distributor shall immediately notify the Norwegian Post and Telecommunications Authority and inform about the discrepancy with the regulations and the measures taken to bring the instrument in accordance with the regulations.
Distributor shall make available to the Norwegian Post and Telecommunications Authority information on which market participants distributor has been handed appliances from and what market participants distributor has delivered equipment to ten years after the unit was delivered.
There distributor brings appliances sales under its name or trademark or modifies apparatus already brought in revenue in a way that may affect compliance with the requirements of the regulation shall be regarded as the manufacturer with the obligations arising from the Regulation.

§ 12. Assumption of conformity equipment that complies with all or parts of harmonized standards published in the Official Journal, shall be presumed to fulfill the basic requirements of § 7 covered by those standards or parts of standards .

§ 13. Procedures for conformity assessment Manufacturer shall document that equipment complies with the basic requirements of § 7 on conformity assessment in the following ways

A)
Module A - compliance procedure of internal production control in accordance with § 14

B)
module B and C - conformity assessment procedure by the EC type examination followed by conformity to type based on internal production control in accordance with § 15 and § 16

For the purposes of compliance procedure in subsection b manufacturer may choose to limit the procedure to certain parts of the basic requirements of § 7, provided that the procedure in the first paragraph a applied to the remaining basic requirements.

§ 14. Module A - compliance procedure of internal production control When the manufacturer operates conformity assessment procedure with the internal production control to declare that a device meets the basic requirements of the regulations § 7 the manufacturer

A)
conduct assessment of apparatus electromagnetic compatibility based on relevant phenomena. The assessment shall take into account all intended operational conditions. Where the device can be configured in various ways should conformity assessment confirm that the device meets the basic requirements of § 7 in all configurations

B)
preparing technical documentation in accordance with Regulation § 19

C)
provide a proper manufacturing process to ensure that the unit complies with the essential requirements and in line with the technical documentation

D)
manufacturer or his authorized representative shall affix the CE marking in accordance with § 20 of appliances which comply with the regulations

E)
manufacturer or its authorized representative shall issue the declaration of conformity in accordance with § 18 and keep it together with the technical documentation for 10 years after the unit was put into circulation.


§ 15. Module B - compliance procedure by the EC type examination when the manufacturer operates conformity assessment procedure by the EC type examination the notified body shall examine the technical design of the apparatus and declare that this meets the basic requirements of § 7
notified body will make an assessment of the instrument technical design through examination of the technical documentation and documentation submitted in connection with the assignment. Notified Body shall not undertake an assessment of the actual physical device. Notified body must issue a report showing which assessments are made and the outcome of the investigation.
Manufacturer or its authorized representative shall apply Notified Body to undertake such a review as referred to in subsections. The application shall include

A)
which basic requirements to be considered

B)
name and address of the manufacturer and authorized representative in the EEA where this has promoted the application

C)
a written declaration that the manufacturer has not sought other notified body to carry out the same assessment,

D)
technical documentation, including analysis and assessment of risk, making it possible to assess whether the device meets the requirements of the regulations. The technical documentation must include a description of the applicable requirements and, where relevant explanations of the structure and intended use. Where relevant, the technical documentation shall contain the information specified in § 19.

There Notified Body finds that the apparatus type meets the requirements of the regulations it shall issue the EC type examination certificate that contains the name and address of the manufacturer, conclusions of the examination, the fulfillment of basic requirements, any conditions of validity of the certificate and identifying information about the device type that is considered.
EC type examination certificate and its annexes shall contain all information necessary to assess whether the produced unit complies with the tested device type and for controlling the device during use.
Der device type that has been the subject of examination do not meet the basic requirements of the regulation § 7, the notified body shall refuse. It should be given reasons for its refusal.
Notified Body shall stay abreast of changes in the generally recognized state of the art which indicate that the approved device type no longer fulfills the requirements of the regulations. If necessary, the notified body shall carry out investigations to determine whether this is the case and inform the manufacturer if it is concluded that this is the case.
The manufacturer shall keep the notified body that holds the technical documentation EC type examination certificate applies continuously informed of all changes that may affect device complies with the basic requirements of the regulation § 7 or conditions for its validity. Such changes must be confirmed in addition to the original EC type examination certificate.
Notified Body shall unsolicited report to the authority to issue the EC type examination certificates and additions that they have issued or withdrawn.
Notified body must inform the Bond other notified body for EC type examination certificates which they have refused, withdrawn, suspended or otherwise restricted. At the request duties notified body to inform other notified bodies of certificates that they have issued.
Notified body shall keep the EC type examination certificate, annexes and additions together with technical documentation that includes documentation submitted by the manufacturer for 10 years after the examination of the device or to the date of expiry of the EC type examination certificate.
Manufacturer or its authorized representative shall keep the EC type certificate, annexes and additions as well as technical documentation for 10 years after the unit was put into circulation.

§ 16. Module C - compliance procedure by conformity to type based on internal production control When the manufacturer operates conformity assessment procedure by conformity to type based on internal production control to declare that the appliances are in conformity with the product model set out an EC type examination certificate and fulfill the basic requirements in Regulation § 7 shall

A)
manufacturer provide a proper manufacturing process to ensure that the unit complies with the approved product type described in the EC type examination certificate and with the relevant requirements of Regulation

B)
manufacturer or its authorized representative in the EEA affix the CE marking in accordance with § 20 of appliances which comply with the regulations,

C)

Manufacturer or its authorized representative in the EEA issue declaration of conformity in accordance with § 18 and keep it together with the technical documentation for 10 years after the unit was put into circulation. In DoC must specify the type of product it is designed.

§ 17. Requirement to inform the user with the device shall be accompanied by instructions for their intended use and information about any precautions to be taken in connection with the assembly, installation, maintenance and use to ensure that the device meets the basic requirements of § 7. the information shall be in Norwegian, Swedish, Danish or English.
For appliances that do not meet the basic requirements of § 7 in residential areas shall be accompanied with a statement on the use restrictions. Indications about use restriction shall if necessary also be indicated on the packaging of the appliance.

§ 18. Declaration of conformity This declaration must state that the basic requirements of § 7 are met.
The Declaration should have the same structure and contain the elements specified in Annex 1, and updated continuously.
The Declaration shall be in Norwegian, Swedish, Danish or English.

§ 19. Technical Documentation Technical Documentation shall ensure opportunity to assess whether the device is in compliance with the essential requirements of § 7 and shall include an analysis and assessment of risks by the apparatus.
Technical documentation shall contain a description of the applicable requirements and to the extent it is relevant for the assessment contain explanations of the design, manufacture and intended use, and shall contain at least

A)
general description of the appliance

B)
design and manufacturing drawings and list of components, subassemblies, circuits and other relevant similar items

C)
descriptions and explanations necessary to understand drawings and surveys referred to in subparagraph b and Device

D)
list of harmonized standards which are applied with reference to the Official Journal. Where such standards are not used will be described the solutions employed to meet the basic requirements, including a list of other relevant technical specifications applied. In cases where only parts of the harmonized standards are applied, the documentation shall specify the parts which have been applied

E)
results of design calculations, investigations and other relevant elements

F)
test reports.

§ 20. Requirements for marking apparatus shall be marked with the manufacturer's and importer's name, registered company name or trademark and address that specifies a particular location as the manufacturer and the importer can be contacted. Where this is due to the support the size or shape is not possible, such information stated in packaging or documentation included with the device. Contact should be given in Norwegian, Swedish, Danish or English.
Apparatus shall be marked with type, production or serial number or similar which makes it possible to identify the appliance. Where this is due to the support the size or shape is not possible, such information stated in packaging or documentation included with the device.
Before a device can be placed on the market, the manufacturer or manufacturer's authorized representative in the EEA brand appliances that meet the requirements of the regulations for the CE marking as specified in the Act of 12 April 2013 No.. 13 on the free movement of goods within the EEA (EEA care Act), Regulation (EC) no. 765/2008 Annex II.
It is not allowed to affix an appliance labeling, signs or inscriptions which could mislead third parties with regard to CE-mark the meaning or graphic design. Other markings may be applied instrument, provided that it does CE marking less visible or readable or change its meaning.
CE marking shall be affixed appliance or its data plate so that it is visible, legible and can not be removed. If the consequence of appliance physical nature is not possible or justified to affix the CE marking on the device, it is sufficient only to note the packaging and accompanying documents.

§ 21. Documentation of fixed installations Fixed installations shall be documented in accordance with the second and third paragraphs. In addition, it must be documented that the installation is carried out professionally. The documentation shall be kept by the owner.
For appliances which are intended for incorporation in a particular fixed installation and which are not made available on the market as separate independent entities, the fixed installation and its characteristics related to electromagnetic compatibility identified. The documentation shall specify the precautions to be taken when installing equipment to ensure that the fixed installation meets the requirements of the regulation.

For appliances in the second paragraph shall be accompanied by information about the type, batch, serial number or other identifying device. It should also be accompanied by information about the manufacturer and the importer's name, registered company name or trademark and address as the manufacturer and the importer can be contacted.

§ 22. Exceptions In special cases and it will not be in conflict with the EEA Agreement, Norwegian Post and Telecommunications Authority grant exemptions from the requirements of the Directive.

§ 23. Supervision Norwegian Post and Telecommunications Authority oversees the Act of 4 July 2003. 83 of the Electronic Communications Chapter 10 with the provisions of these regulations or decisions pursuant to the Regulations are complied with.
Whoever is subject to oversight duties to procure equipment that Norwegian Post and Telecommunications Authority asks to be given or sent for further inspection, even if the equipment is not in stock. The equipment that is subject to supervision will be handed over to the Norwegian Post and Telecommunications Authority gratuitously.

§ 24. Sanctions for breach of duties may Norwegian Post and Telecommunications Authority carry out reactions under the Act of 4 July 2003. 83 of the Electronic Communications Chapter 10 and Law 12 April 2013 No.. 13 on the free movement of goods within the EEA (EEA trade law) , Regulation (EC) no. 765/2008.

§ 25. Penalties Violations of these regulations is punishable by law 4 July 2003. 83 of the Electronic Communications § 12-4.

§ 26. Commencement These regulations apply from 20 April 2016.
From the same date, the Regulations on 22 January 2007 no. 89 on electromagnetic compatibility (EMC) for electronic communications.

§ 27. Transitional provisions Equipment brought in revenue before April 20, 2016 and covered by and meet the requirements of the Regulations on 22 January 2007 no. 89 on electromagnetic compatibility (EMC) of electronic communication can be made available on the market and put operational.

§ 28. Amendments to other regulations From the time the regulation enters into force, the following amendments to the Regulations on 15 March 2002 no. 276 on the registration and requirements for the import and sales of radio, telecommunications terminal and network equipment --- | ||
Appendix 1. Declaration

Declaration (Nr. Xxx) (insertion number is optional)

1.
Product (product name, type designation, batch or serial number):

2.
Name and address of the manufacturer or his authorized representative:

3.
This declaration of conformity is issued under the sole responsibility of the manufacturer

4.
Product that complies declared (identification of the device where it can be traced, such as a color photo that adequately identifies the device):

5.
Product complies with the following relevant EU legislation:

6.
Reference to harmonized standards and technical specifications that are used for documentation of compliance with EU legislation in paragraph 5, including the date of those standards and technical specifications:

7.
Where applicable: Notified Body (name and number), performed (description of the conformity assessment activities) and issued EC type examination certificate:

8.
Additional information:

Signed for and on behalf of:
(place and date of issue):
(name, position) (signature):