FEATURE MILITARY/AEROSPACE & DEFENCE
MIND THE MILITARY CE MARKING GAP
Pete Dorey, principal consultant at TÜV SÜD Product Servicediscusses the recent changes to European directives and CE markings and how this may affect you if you are a manufacturer or supplier as a result?
Even if a product is declared exempt under
Article 346, in the UK, the Ministry of Defence (MoD) requires evidence to show that it is at least compliant with equivalent standards to the relevant directives or harmonised standards.
L
ast year, a number of EU Directives were reissued to align with the
European Union’s “New Legislative Framework”, which provides for improved market surveillance to identify and remove non-compliant products, improved accreditation of Notified Bodies, and the establishment of a common legal framework for conformity assessment procedures and CE marking rules. So, how does this affect manufacturers and suppliers of military equipment? To achieve improved market surveillance,
new duties are placed upon “economic operators”, which are the manufacturer, authorised representative, importer and distributor of equipment. Manufacturers and importers must now include their name and postal address on the product or packaging to assist in traceability. All economic operators must keep records of product receipts and deliveries for 10 years. They must also verify that products are correctly marked and have the appropriate documentation in place, such as instructions, declaration of conformity and technical documentation files. If products are known to be non-compliant, the market surveillance authorities must be informed and products withdrawn. In the UK the market surveillance authorities are Trading Standards Officers and OFCOM.
MILITARY EXCLUSIONS Does all military equipment have to comply with EU rules? In Europe all public sector
8 APRIL 2017 | ELECTRONICS
procurement is subject to the Treaty on the Functioning of the European Union (TFEU), which seeks to ensure a free market in goods, services and works across the EU. This includes military and sensitive security equipment, which above a certain threshold is subject to the Defence and Security Directive 2009/81/EC. In the EU, military equipment is defined in a
‘1958 list’ (Council Decision 255/58) and includes a category for military electronic equipment. Article 346 of the TFEU provides legal exemption from the internal market rules. If Member States deem that a defence contract falls within the scope of Article 346, they can withhold information if they believe its disclosure will negatively impact national security. There is therefore no blanket exemption for military equipment.
Figure 1:
While military radio equipment is not subject to the Radio Equipment Directive, it is subject to the Low Voltage and EMC Directives
Figure 2:
Application of CE markings to military products
DIRECTIVE COMPLEXITY There are some 25 directives that require CE marking, with some specifying exclusions for military equipment and some not. For example, the Low Voltage Directive (LVD) (2014/35/EU) ensures that electrical equipment is safe and has no exclusions for military equipment and neither does the Electromagnetic Compatibility (EMC) Directive (2014/30/EU) which ensures that equipment does not cause or be affected by interference. However, the Radio Equipment Directive (2014/53/EU) excludes equipment for public security, defence and state security, while the Machinery Directive (2006/42/EC) excludes weapons and machinery specifically constructed for military purposes. The Marine Equipment Directive (MED 96/98/EC) has exclusions for warships, but as naval ships undertake many peacetime roles, the MED may still apply. Note also that the MED requires the Wheelmark rather than CE marking. Even if military equipment is not within the scope of a particular directive other directives may still apply. For example, while military radio equipment is not subject to the Radio Equipment Directive, it is subject to the Low Voltage and EMC Directives. Compliance with EU directives follows various conformity assessment procedures, dependent on the directive. In many cases, such as the Low Voltage and EMC Directive, the process is self-declaration by the manufacturer. For compliance with the EMC Directive an optional Notified Body type examination of the technical documentation can also be requested to provide additional assurance. For other directives, and dependent on the product, Notified Body involvement may be mandatory.
TÜV SÜD Product Service
www.tuv-sud.co.uk T: 01489 558100
/ ELECTRONICS
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