CE marking of defence equipment

The conditions of supply to defence customers is not well understood universally by all suppliers relating to product approval/qualification as there may be conflicting advice and multiple requirements. This paper highlights the issues regarding the supply of material to the UK's defence industry and highlights the requirements in the case of electromagnetic compatibility (EMC).

Introduction

Commercial off the Shelf (COTS) equipment in the EU must be CE marked (or E-marked in the case of automotive products) to signify that it complies with all relevant CE directives.

CE marking directives already apply to the vast majority of products and cover aspects such as safety of machinery, electrical equipment, equipment used in explosive atmospheres, EMC, acoustic noise, children's toys etc. The purpose of CE marking is a uniform approach to product approval and the removal of trade barriers within the EU, thus promoting the EU’s internal market and increasing the quality and safety of products.

Product approval for commercial product is well understood and the whole compliance is achieved by the majority and a 'level playing field' achieved. The issue becomes more difficult when product is supplied to the MoD who has various exemptions to commercial legislation especially regarding product approval.

Many CE marking directives specifically exclude product which is covered by the Treaty of Rome (now replaced by the Treaty of Amsterdam and Lisbon) which on the whole covers a broad breadth of equipment used by the military and intelligence communities. The list of equipment does not cover all those products that are painted green or battleship grey and hence typically designated as military. It is limited to those products which on the whole have been specifically designed for a military application and would never see use outside that area. A main battle tank would be a good example of such a product.

'Just because a product is painted green doesn't necessarily exempt it from CE marking'

If a COTS product is supplied it clearly will have uses and applications in a non-military environment. It will need to be CE marked, however dependant on it's use may also need to comply with military requirements. Take a rugged laptop computer as an example, it has uses in just about every environment, is not specific to the military and yet if used in a military environment may not function properly if co-located near high power radio equipment.

Approval Requirements – Safety related Directives

The policy of the MoD is very clear when health and safety is concerned and was highlighted by repeated politicians in the House of Commons. The conclusion of this is as follows: "Like all employers, the MoD and the Armed Forces must comply with legislation and, as a Department of State, comply with policies defined by Government or other lead Departments. The Secretary of State for Defence requires that MoD and the Armed Forces comply with all health and safety, environmental protection and fire legislation so far as is reasonably practicable, and to apply equivalent standards where it does not apply or when operating abroad outside the jurisdiction of UK law"

It is therefore clear that any CE marking directive that is safety related must be applied to products supplied to MoD. A non-exhaustive list of relevant directives is as follows:

Machinery Safety Directive (98/37/EC)
Low Voltage Directive (2006/95/EC)
Personnel Protective Equipment (89/686/EC)
Potentially explosive atmospheres – ATEX (94/9/EC)

Compliance to these directives, as indeed the EMC Directive (2004/108/EC) is typically demonstrated by the application of Harmonised Standards. Harmonised Standards are published in the Official Journal of the European Union and give a presumption of conformity to the directive. In some cases, mainly safety critical equipment, a Notified Body may have a voluntary or mandatory involvement to ensure that the correct assessments have been carried and the product is suitable for the environment it is intended.

Conclusions

It is important that manufacturers of product supplied to the MoD are aware of CE marking and which directives are applicable. It is both the product and the environment in which it is intended to operate that dictate what the compliance requirements are.

Many tender documents supplied by the MoD have a clear requirement indicating which directives are relevant. However, there are other cases where broad statements such as 'must comply with all relevant CE marking directives' are made, and dependant on the knowledge of the manufacturer and the response given will yield differing performance.

TRaC is a supplier to the MoD for EMC services and provide advice and guidance on approval requirements. TRaC are experts in the fields CE marking as well as military approvals and how the requirements interface with one another.

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