Technical Guidance Note 33

TOPIC: Military Equipment

ISSUE: 2

REVISION DATE: 27.1.98

PREVIOUS REVISION DATE: 26.3.96

BACKGROUND: Military equipment as defined in article 223.1(b) of the Treaty of Rome is excluded from the scope of the UK's EMC regulations (Regulation 20 of SI 1992 No. 2372). This exclusion does not appear in the regulations of some other EU Member States where military equipment must therefore bear the CE mark.

PROBLEM: A Manufacturer of military radio transmitters has been asked by an Italian customer to supply CE marked units. How can the Manufacturer comply?

GUIDELINES: If the equipment is deemed to be within the scope of Article 223.1(b), then the Manufacturer must employ the services of a non-UK (eg Italian) Notified Body to undertake Type Examination. Self Certification or Technical Construction Files are not acceptable. The Manufacturer could ask the Notified Body to consider accepting test results from a UK based test house. The Manufacturer would be advised to inform his home authority trading standards officer of these intentions, as they would represent a technical breach of the UK's regulations, since it is not possible to CE mark military equipment under UK law. However, it is understood that several Member States are planning to exclude military equipment from the scope of their National Regulations, which would resolve the pattern.

Disclaimer
No responsibility or liability can be accepted by the EMC Test Laboratories Association or any of its officers or members for the contents, specifications and/or advice referred to or contained in this Technical Memorandum and/or action taken as a result of information contained in this Technical Memorandum. Note that:
1. The Association is not by supplying this Technical Memorandum providing professional advice or guidance to any specific party on any specific matter and no legal relationship is created by the provision of this Technical Memorandum.
2. Parties should take specific advice when dealing with specific situations and consult their own professional advisors in this regard.
3. Members are free to deviate from the above guidelines where they think it appropriate, unworkable, or not commercially viable. Under these circumstances, the EMCTLA Secretariat should be informed of the reasons for the deviation so that the matter can be reviewed.