Recognition of notified bodies under the EMC Act
What are the tasks of notified bodies under the EMC Act?
The equipment covered by the German Electromagnetic Compatibility of Equipment Act (EMC Act) must be designed and manufactured in line with generally accepted technical standards so as to ensure that
- the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended, and
- the equipment has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended use (section 4(1) of the EMC Act).
A notified body within the meaning of the EMC Act is a
- neutral,
- independent and
- competent body.
A notified body reviews the technical documentation submitted by the manufacturer (or his authorised representative) and assesses whether the documentation properly demonstrates the extent to which the EMC protection requirements of the relevant Directive have been met. If the apparatus meets the requirements of the EMC Act, the notified body issues a statement to the manufacturer (or his authorised representative) confirming compliance of the apparatus with the requirements. This statement is limited to those aspects of the essential requirements which have been assessed by the notified body.
What is the procedure for becoming a notified body under the EMC Act?
The Bundesnetzagentur recognises natural/legal persons or partnerships with legal capacity who or which have the competence and staff required to carry out the tasks under the EMC Act as notified bodies, upon application.
Such recognition confirms that the notified body has demonstrated in the course of a thorough assessment that it meets the requirements laid down in section 10(1) of the EMC Act and is capable of carrying out the tasks in section 7(4) of the EMC Act in line with generally accepted technical standards.
Fees are payable for the recognition procedure in accordance with the Recognition Ordinance (AnerkV).
Recognised national notified bodies
Notification of the German "notified bodies" under the Electromagnetic Compatibility of Equipment Act (EMC Act) of 26 February 2008 was published in Communication No 134 in Official Gazette No 7/2013 (see below).
The bodies listed below have been recognised by the Bundesnetzagentur as "notified bodies" in accordance with section 10(1) of the Electromagnetic Compatibility of Equipment Act (EMC Act) of 26 February 2008 in conjunction with section 5(1) of the Ordinance concerning the requirements and procedure for the recognition of conformity assessment bodies (Recognition Ordinance – AnerkV) of 7 June 2002 (Federal Law Gazette I page 1792), as last amended by section 22(4) of the EMC Act of 26 February 2008 (Federal Law Gazette I page 220), in the field of electromagnetic compatibility within the scope of Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility.
The Electromagnetic Compatibility of Equipment Act (EMC Act) of 26 February 2008 serves to implement Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC.
Official Gazette Communication No 66/2013 of 30 January 2013 no longer applies.
Harmonised standards
List of harmonised standards (titles and references) relating to the individual Directives as published in the Official Journal of the European Union. This list may not be complete. An official list is available on the European Commission's website.
Date of modification: 2005.09.06