EUKoreaFTA

The EU-Korea Free Trade Agreement

Electromagnetic compatibility (EMC) & Electrical Safety

Elimination of double testing and certification

Fernando PERREAU DE PINNINCKHead of Unit

Industrial Tariff and Non-Tariff Negotiations, DG Trade European Commission

EUKoreaFTA

Content

Background EU approach in a nutshell Korea’s approach in a nutshell Commitments under Annex 2-B of the EU-

Korea FTA- Treatment of Korean products entering the EU- Treatment of EU products entering Korea- Exceptions

Conclusion: Benefits to EU manufacturers

EUKoreaFTA

Background

EUKoreaFTA

Background

Electronics & electric products areone of the sectors benefiting most from globalisation

EU, Korea and many other countries make extensive use of international (e.g. IEC) standards- EU and Korea often have similar

requirements To make best use of economies of

scale and supply chains, industry needs streamlining of requirements & conformity assessment procedures

Ultimate goal: Full harmonisation

ONE STANDARD ONE TEST ACCEPTED EVERYWHERE

EUKoreaFTA

EU Approach

EUKoreaFTA

Products placed on the market must fulfil Essential Requirements set out in EU Directives These are mandatory and formulated in a general way

The more detailed technical specifications are found in European (EN) standards Products made in accordance with the EN standards

receive presumption of conformity with the essential requirements

EN standards are voluntary; producers are free to show compliance through other means

How to show compliance? The Directives describe the Conformity Assessment

Procedures that must be followed (Modules)

EU Approach in a nutshell

EUKoreaFTA

EU Approach in a nutshell (2)

Product complies with Harmonized Standard presumption of conformity with Essential Requirements

EU DIRECTIVES

ESSENTIAL REQUIREMENTS

MANDATORY

EN STANDARDS

TECHNICAL SPECIFICATIONS

VOLUNTARY

EUKoreaFTA

Harmonization of EU standards with international ones

European standards organizations (ESOs): CEN (all products), CENELEC (electric), ETSI (telecom) 30 Member countries (all EU + 3 EFTA countries)

ESOs cooperate closely with international standards bodies CEN – ISO (“Vienna Agreement”) CENELEC – IEC (“Dresden Agreement”)

Harmonization of EU standards with international ones: > 40% CEN standards = ISO standards > 75% CENELEC standards = IEC standards < 10% purely national standards

EUKoreaFTA

Harmonization of EU standards with international ones

EUKoreaFTA

Conformity assessment in the EU -modular approach

The applicable procedure will vary depending on various factors, e.g. whether: the product is of lower or higher risk EN standards exist and have been used

For many products considered of low risk, self-certification by the manufacturer is sufficient This includes ALL safety and EMC requirements applicable

to electrical and electronic equipment and telecoms

For other products (high-risk), the involvement of an independent third party (“Notified Body”) is required

EUKoreaFTA

Steps for the manufacturer

STEP 1 : Identify applicable essential requirements

STEP 2 : Identify applicable EN standard STEP 3 : Based on 1+2, identify conformity

assessment module needed (most often SDoC) STEP 4 : Compile technical documentation STEP 5 : Issue the EC Declaration of Conformity STEP 6 : Affix the CE Mark on the product

EUKoreaFTA

Korea’s approach

EUKoreaFTA

Korea’s approach in a nutshell

-Standards referenced in legislation

- no 1-1 match between KS and technical requirements, but

harmonization efforts ongoing

(MKE lead)

TECHNICAL REGULATIONS

TECHNICAL REQUIREMENTS

MANDATORY

KOREAN INDUSTRIAL STANDARDS (KS)

TECHNICAL SPECIFICATIONS

VOLUNTARY (in principle)

EUKoreaFTA

Conformity assessment in Korea

Most products (Group 1 i.e. deemed high risk) need certification before placing on Korean market- From officially recognized conformity assessment body in Korea- Affixing of the KC mark gradually replaced 13 others

Others (Group 2) self-regulatory safety confirmation- Based on mandatory testing by a third party lab

Efforts ongoing to allow for self-certification (without mandatory third party testing) for certain products - SDoC for the products under the Radio Wave Act implemented from 21 January 2011 - SDoC for those under the Electric Appliances Safety Control Act to be implemented from 1 January 2012

EUKoreaFTA

Electronics sector annex

EUKoreaFTA

EU-Korea FTA – Annex 2B on Electronics - Coverage

Scope of requirements:- Safety- Electromagnetic compatibility

Products covered:- All electrical & electronic equipment, household appliances,

consumer electronics, and professional equipment- For EU: Low Voltage Directive (2006/95/EC), EMC Directive

(2004/108/EC), RTTE Directive (1999/5/EC)- For Korea: Radio Waves Act (8867/2008), Framework Act on

Telecommunications (8974/2008), Electric Appliances Safety Control Act (97747/2008)→ «intended to cover the universe of electronic products »

EUKoreaFTA

EU-Korea FTA – Annex 2B on Electronics – Commitments

International standards:-- ISO, IEC and ITU recognizedISO, IEC and ITU recognized as the international standard-

setting bodies-- Commitment to use international standardsCommitment to use international standards as a basis for

requirements

Conformity assessment procedures:- As a rule, commitment to use Supplier’s Declaration of Supplier’s Declaration of

Conformity (SDoC)Conformity (SDoC) across the board- Supplier is the only responsible for issuing SDoC- If testing is required, supplier may choose the testing lab- Parties may not require any additional registration of products

EUKoreaFTA

EU-Korea FTA – Annex 2B on Electronics – Conformity assessment options

Lab has voluntary arrangement for

acceptance of test report with CAB

designated by the other Party OR

SDoC

Without mandatory testing by third party lab

Lab is officially recognized

(“notified”) by the other Party OR

Lab is a CB Test Laboratory under

IECEE CB Scheme

Based on a test report from a third party lab

EUKoreaFTA

Treatment of Korean products entering the EU market

EU will accept self certification by Korean manufacturers for compliance with EU EMC, electrical safety and telecommunication essential requirements- This is already the case according to the relevant EU

Directives (no change in EU legislation)

EUKoreaFTA

In the first 3 years after entry into force of FTA (transition period):

Certificate from an EU Notified Body

Products under RadiowaveAct or Telecom Framework Act

Certificate by Korean Authority, based on a test report by:1) EU test lab, if it has an agreement for mutual acceptance of test reports with a Korean LAB OR2) EU CB Test Laboratory under IECEE CB Scheme

Products under Electric appliances Safety Control Act

Treatment of EU products entering the Korean market

Choice of procedure rests with Korea

EUKoreaFTA

After 3-year transitional period:

1) SDoC without third party testing OR

2) SDoC based on test report from an EU Notified Body

Products under RadiowaveAct or Telecom Framework Act

1) SDoC without third party testing OR2) SDoC based on test report from: an EU Notified Body ORan EU lab that has an agreement of mutual acceptance of results with a Korean lab OR an EU CB Test Laboratory

Products under Electric appliances Safety Control Act

Treatment of EU products entering the Korean market

Choice of procedure rests with Korea

EUKoreaFTA

Exceptions: For 53 products ( Appendix 2-B-3), Korea may continue to

require third party certification after transition period At the end of the transition period, Korea will review whether

third party certification is still needed (risk assessment) Every 3 years thereafter, the FTA Committee on Trade in

Goods will review the risk assessment with a view to expanding SDoC scope

Examples: switches, fuses, lamps, household appliances Gradual reduction in requirements: Korea will introduce an SDoC system without mandatory

testing within 5 years from entry into force Every 5 years, EU and Korea will consult with a view to

expanding SDoC without mandatory testing to more products

Exceptions from self-certification

EUKoreaFTA

Conclusion

EUKoreaFTA

How will Korea implement FTA provisions for products falling under the Radio Wave Act?

Before EU-Korea FTA

KCC has decided to skip the transitional

period to immediately

implement the cruise regime

upon entry into force of the

FTA

After EU-Korea FTA

Certification of conformity

Registration of conformity after testing by a designated testing agency

Registration of conformity after in-house testing=SDoC

Certification of conformity:Test reports on EMC and electrical

safety by EU testing labs to be accepted(e.g. wireless telephone alarm automatic receiver, radio direction wire, radar equipment for ship stations)

Registration of conformity after testing by EU testing labs(e.g. high frequency equipment used for industrial, scientific, or medial purposes, engine starter for automobiles and ignition, broadcasting set-up box, computers)

Supplier’s Declaration of Conformity(e.g. equipment used for measurement or inspection, industrial computers, equipments causing minor hazard to the network, electric trains)

EUKoreaFTA

How will Korea implement FTA provisions for products falling under the Electrical Appliances Safety Control Act?

Korea revised the Electrical Appliances Safety Control Act and its lower level legislation in 2009 in line with FTA provisions.Korea decided to advance its introduction of SDoC for certain products to be effective from 1 January 2012.The scope of products subject to SDoC may be further widened through the joint review every 5 years.

Mandatory safety certification system= safety certificate (by KTL; KETI; and ERI)+ product testing + factory Inspection

Applied to 53 product items (e.g. cables, switches, washers )

Self-regulatory safety confirmation system=product testing + no factory inspectionApplied to 93 items of lower-hazard appliances(e.g. audio/video equipment, intelligence devices

Supplier’s confirmation of conformity=SDoCApplied to 33 items(e.g. electronic watch and aid purifier)

Enforcement Regulations of Electrical Appliances Safety Control Act