2004-04-EC欧洲汽车电磁兼容指令

COMMISSION DIRECTIVE 2004/104/EC of 14 October 2004 adapting to technical progress Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and amending Directive 70/156/EEC on the approxi- mation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), and in particular Article 13(2) thereof, Having regard to Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compat- ibility) of vehicles (2), and in particular Article 4 thereof, Whereas: (1) Directive 72/245/EEC is one of the separate directives under the type-approval procedure established by Directive 70/156/EEC. (2) Since 1995, when Directive 72/245/EEC was amended, there has been a considerable increase in the number of electrical and electronic components fitted to motor vehicles. Such components now control not only comfort, information and entertainment devices but even certain safety-relevant functions. (3) In the light of the experience gained since the amendment to Directive 72/245/EEC, it is no longer necessary for after-market equipment unrelated to safety functions to be regulated by a Directive specifically concerning electromagnetic compatibility (EMC) in the automobile sector. For such equipment it is sufficient to obtain a Declaration of Conformity in accordance with the procedures laid down in Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (3) and in Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (4). (4) The EMC requirements and test provisions for electrical and electronic equipment have constantly been updated through the standardisation work of the International Special Committee on Radio Interference (CISPR) and the International Organisation for Standardisation (ISO). It is therefore appropriate to refer in this Directive to the test procedures outlined in the recent editions of the relevant standards. (5) Directive 72/245/EEC should therefore be amended accordingly. (6) The amendments to Directive 72/245/EEC have an impact on Directive 70/156/EEC. It is therefore necessary to amend that directive accordingly. (7) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adap- tation to Technical Progress established by Directive 70/156/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 The Annexes to Directive 72/245/EEC are replaced by the Annexes to this Directive. EN13.11.2004 Official Journal of the European Union L 337/13 (1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103). (2) OJ L 152, 6.7.1972, p. 15. Directive as last amended by Directive 95/54/EC of the European Parliament and of the Council (OJ L 266, 8.11.1995, p. 1). (3) OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1). (4) OJ L 91, 7.4.1999, p. 10. Article 2 1. With effect from 1 January 2006, for vehicles, components or separate technical units which comply with the provisions laid down in Annexes I to X to Directive 72/245/EEC as amended by this Directive, no Member State may, on grounds relating to electromagnetic compatibility: (a) refuse to grant EC type-approval, or national type-approval or (b) prohibit registration, sale or entry into service. 2. With effect from 1 July 2006, for a type of vehicle, component or separate technical unit where the requirements laid down in Annexes I to X to Directive 72/245/EEC, as amended by this Directive, are not fulfilled, Member States, on grounds related to electromagnetic compatibility: (a) shall no longer grant EC type-approval, and (b) may refuse to grant national type-approval. 3. With effect from 1 January 2009, if the provisions laid down in Annexes I to X to Directive 72/245/EEC, as amended by this Directive, are not fulfilled, Member States, on grounds related to electromagnetic compatibility: (a) shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive; (b) may refuse the registration, sale or entry into service of new vehicles. 4. As from 1 January 2009, the provisions laid down in Annexes I to X to Directive 72/245/EEC, as amended by this Directive, relating to electromagnetic compatibility, shall apply to components or separate technical units for the purposes of Article 7(2) of Directive 70/156/EEC. Article 3 Directive 70/156/EEC is amended as follows: 1. Annex I is amended as follows: (a) the following line is added to point 0.5: ‘Name and address of authorised representative, if any:’ (b) the following point is inserted: ‘12.7. Table of installation and use of RF transmitters in the vehicle(s), if applicable (see Annex I, 3.1.8.): frequency bands (Hz) max. output power (W) antenna position at vehicle, specific conditions for installation and/or use The applicant for type-approval must also supply, where appropriate: Appendix 1 A list (with make(s) and type(s) of all electrical and/or electronic components concerned by this Directive (see points 2.1.9 and 2.1.10) and not previously listed. Appendix 2 Schematics or drawing of the general arrangement of electrical and/or electronic components (concerned by this Directive) and the general wiring harness arrangement. Appendix 3 Description of vehicle chosen to represent the type Body style: Left or right hand drive: Wheelbase: Appendix 4 Relevant test report(s) supplied by the manufacturer or approved/recognised laboratories for the purpose of drawing up the type-approval certificate.’ 2. In Annex III, Section A, the following line is added to point 0.5: ‘Name and address of authorised representative, if any:’. ENL 337/14 Official Journal of the European Union 13.11.2004 Article 4 Transposition 1. Member States shall adopt and publish, by 31 December 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. They shall apply those provisions from 1 January 2006. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field governed by this Directive. Article 5 This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. Article 6 This Directive is addressed to the Member States. Done at Brussels, 14 October 2004. For the Commission Olli REHN Member of the Commission EN13.11.2004 Official Journal of the European Union L 337/15 ANNEX LIST OF ANNEXES ANNEX I Requirements to be met by vehicles and electrical/electronic subassemblies fitted to a vehicle Appendix 1: List of standards referred to in this Directive Appendix 2: Vehicle broadband reference limits Antenna-vehicle separation: 10 m Appendix 3: Vehicle broadband reference limits Antenna-vehicle separation: 3 m Appendix 4: Vehicle narrowband reference limits Antenna-vehicle separation: 10 m Appendix 5: Vehicle narrowband reference limits Antenna-vehicle separation: 3 m Appendix 6: Electrical/electronic subassembly Broadband reference limits Appendix 7: Electrical/electronic subassembly Narrowband reference limits Appendix 8: Model for the EC type-approval mark ANNEX II A Information document relating to EC type-approval of a vehicle ANNEX II B Information document relating to EC type-approval of an electric/electronic subassembly ANNEX III A Model of EC type-approval certificate ANNEX III B Model of EC type-approval certificate ANNEX III C Model of attestation with regard to Annex I, 3.2.9. ANNEX IV Method of measurement of radiated broadband electromagnetic emissions from vehicles ANNEX V Method of measurement of radiated narrowband electromagnetic emissions from vehicles ANNEX VI Method of testing for immunity of vehicles to electromagnetic radiation ANNEX VII Method of measurement of radiated broadband electromagnetic emissions from electrical/electronic subas- semblies Appendix 1 — Figure 1: Open-area test site: electrical/electronic subassembly test area boundary Level clear area free from electromagnetic reflecting surfaces ANNEX VIII Method of measurement of radiated narrowband electromagnetic emissions from electrical/electronic subassemblies ANNEX IX Method(s) of testing for immunity of electrical/electronic subassemblies to electromagnetic radiation Appendix 1 — Figure 1: 800 mm stripline testing Appendix 1 — Figure 2: 800 mm stripline dimensions Appendix 2: Typical TEM cell dimensions ANNEX X Method(s) of testing for immunity to and emission of transients of electrical/electronic subassemblies ENL 337/16 Official Journal of the European Union 13.11.2004 ANNEX I REQUIREMENTS TO BE MET BY VEHICLES AND ELECTRICAL/ELECTRONIC SUBASSEMBLIES FITTED TO A VEHICLE 1. SCOPE This Directive applies to the electromagnetic compatibility of vehicles covered in Article 1, being vehicles or trailers (hereinafter referred to as vehicles) as supplied by the vehicle manufacturer and to components or separate technical units intended to be fitted in vehicles. It covers: — requirements regarding the immunity to radiated and conducted disturbances for functions related to direct control of the vehicle, related to driver, passenger and other road users' protection and related to distur- bances, which would cause confusion to the driver or other road users, — requirements regarding the control of unwanted radiated and conducted emissions to protect the intended use of electrical or electronic equipment at own or adjacent vehicles or nearby, and the control of disturbances from accessories that may be retrofitted to the vehicle. 2. DEFINITIONS 2.1. For the purposes of this Directive: 2.1.1. ‘Electromagnetic compatibility’ means the ability of a vehicle or component(s) or separate technical unit(s) to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to anything in that environment. 2.1.2. ‘Electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of a vehicle or component(s) or separate technical unit(s), or of any other device, unit of equipment or system operated in vicinity of a vehicle. An electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself. 2.1.3. ‘Electromagnetic immunity’ means the ability of a vehicle or component(s) or separate technical unit(s) to operate without degradation of performance in the presence of (specified) electromagnetic disturbances which includes wanted radio frequency signals from radio transmitters or radiated in-band emissions of industrial- scientific-medical (ISM) apparatus, internal or external to the vehicle. 2.1.4. ‘Electromagnetic environment’ means the totality of electromagnetic phenomena existing at a given location. 2.1.5. ‘Broadband emission’ means an emission, which has a bandwidth greater than that of a particular measuring apparatus or receiver (International Special Committee on Radio Interference (CISPR) 25, 2nd edition). 2.1.6. ‘Narrowband emission’ means an emission which has a bandwidth less than that of a particular measuring apparatus or receiver (CISPR 25, 2nd edition). 2.1.7. ‘Electrical/electronic system’ means (an) electrical and/or electronic device(s) or set(s) of devices together with any associated electrical connections which form part of a vehicle but which are not intended to be type- approved separately from the vehicle. 2.1.8. ‘Electrical/electronic subassembly’ (ESA) means an electrical and/or electronic device or set(s) of devices intended to be part of a vehicle, together with any associated electrical connections and wiring, which performs one or more specialised functions. An ESA may be approved at the request of a manufacturer or his authorised representative as either a ‘component’ or a ‘separate technical unit (STU)’ (see Directive 70/156/EEC, Article 2). 2.1.9. ‘Vehicle type’ in relation to electromagnetic compatibility means vehicles which do not differ essentially in such respects as: 2.1.9.1. the overall size and shape of the engine compartment; 2.1.9.2. the general arrangement of the electrical and/or electronic components and the general wiring arrangement; EN13.11.2004 Official Journal of the European Union L 337/17 2.1.9.3. the primary material of which the body or shell (if applicable) of the vehicle is constructed (for example, a steel, aluminium or fibreglass body shell). The presence of panels of different material does not change the vehicle type provided the primary material of the body is unchanged. However, such variations must be notified. 2.1.10. An ‘ESA type’ in relation to electromagnetic compatibility means ESAs which do not differ in such essential respects as: 2.1.10.1. the function performed by the ESA; 2.1.10.2. the general arrangement of the electrical and/or electronic components, if applicable. 2.1.11. ‘Vehicle wiring harness’ means supply voltage, bus system (e.g. CAN), signal or active antenna cables, which are installed by the vehicle manufacturer. 2.1.12. Immunity-related functions are: (a) functions related to the direct control of the vehicle: — by degradation or change in engine, gear, brake, suspension, active steering, speed limitation devices, for example, — by affecting driver’s position, e.g. seat or steering wheel positioning, — by affecting driver’s visibility: e.g. dipped beam, windscreen wiper; (b) functions related to driver, passenger and other road-user protection: — e.g. airbag and safety restraint systems; (c) functions which, when disturbed, cause confusion to the driver or other road users: — optical disturbances: incorrect operation of e.g. direction indicators, stop lamps, end outline marker lamps, rear position lamp, light bars for emergency system, wrong information from warning indicators, lamps or displays related to functions in clauses (a) or (b) which might be observed in the direct view of the driver, — acoustical disturbances: incorrect operation of anti-theft alarm, horn, for example; (d) functions related to vehicle data bus functionality: — by blocking data transmission on vehicle data bus-systems, which are used to transmit data, required to ensure the correct functioning of other immunity-related functions; (e) functions which, when disturbed, affect vehicle statutory data: e.g. tachograph, odometer. 3. APPLICATION FOR EC TYPE-APPROVAL 3.1. Approval of a vehicle type 3.1.1. The application for approval of a vehicle type, with regard to its electromagnetic compatibility pursuant to Article 3(4) of Directive 70/156/EEC shall be submitted by the vehicle manufacturer. 3.1.2. A model for the information document is given in Annex IIA. 3.1.3. The vehicle manufacturer shall draw up a schedule describing all relevant vehicle electrical/electronic systems or ESAs, body styles (1), variations in body material (1), general wiring arrangements, engine variations, left- hand/right-hand drive versions and wheelbase versions. Relevant vehicle electrical/electronic systems or ESAs are those which may emit significant broadband or narrowband radiation and/or those which are involved in immunity-related functions (see paragraph 2.1.12 of this Annex) of the vehicle. ENL 337/18 Official Journal of the European Union 13.11.2004 (1) If applicable. 3.1.4. A representative vehicle shall be selected from this schedule for the purpose of being tested, in mutual agreement between the manufacturer and the competent authority. This vehicle shall represent the vehicle type (see Appendix 1 to Annex IIA). The choice of vehicle shall be based on the electrical/electronic systems offered by the manufacturer. One or more vehicles may be selected from this schedule for the purpose of being tested if it is considered by mutual agreement between the manufacturer and the competent authority that different electrical/electronic systems are included which are likely to have a significant effect on the vehicle's electromagnetic compatibility compared with the first representative vehicle. 3.1.5. The choice of the vehicle(s) in conformity with paragraph 3.1.4 is limited to vehicle/electrical/electronic system combinations intended for actual production. 3.1.6. The manufacturer may supplement the application with a report from tests, which have been carried out. Any such data provided may be used by the approval authority for the purpose of drawing up the type-approval certificate. 3.1.7. If the technical service responsible for the type-approval test carries out the test itself, then a vehicle repre- sentative of the type to be approved, according to paragraph 3.1.4 shall be provided. 3.1.8. The vehicle manufacturer must provide a statement of frequency bands, power levels, antenna positions and installation provisions for the installation of RF-transmitters, even if the vehicle is not equipped with RF- transmitter at time of type-approval. This should cover all mobile radio services normally used in vehicles. This information must be made publicly available following the type-approval. Vehicle manufacturers must provide evidence that vehicle performance is not adversely affected by such transmitter installations. 3.2. Approval of a type of electrical/electronic subassembly (ESA) 3.2.1. Applicability of this Directive to ESA: EN13.11.2004 Official Journal of the European Union L 337/19 3.2.2. The application for approval of a type of ESA with regard to its electromagnetic compatibility pursuant to Article 3(4) of Directive 70/156/EEC shall be submitted by the vehicle manufacturer or by the manufacturer of the ESA or his/her authorised representative. 3.2.3. A model for the information document is given in Annex II B. 3.2.4. The manufacturer may supplement the application with a report from tests which have been carried out. Any such data provided may be used by the approval authority for the purpose of drawing up the type-approval certificate. For equipment intended for installation in a vehicle, the manufacturer may supplement the appli- cation with the manufacturer’s Declaration of Conformity in line with the provisions of Directive 99/5/EC or Directive 89/336/EEC, the EMC test report and the instruction for the user giving guidance for installation of such equipment in vehicles. 3.2.5. If the technical service responsible for the type-approval test carries out the test itself, then a sample of the ESA system representative of the type to be approved shall be provided, if necessary, after discussion with the manufacturer on, for example, possible variations in the layout, number of components, number of sensors. If the technical service deems it necessary, it may select a further sample. 3.2.6. The sample(s) must be clearly