Pursuant to Regulations 32(1)(a), (b), (c), (d) and (j) of the Radiocommunications Regulations 2001, the Chief Executive, Ministry of Economic Development, hereby gives the following notice.

N o t i c e

1. Title, commencement and purpose

1. This notice is the Radiocommunications (EMC Standards) Notice 2015.
2. This notice comes into force on 13 August 2015.
3. This notice prescribes:
1. classes of electrical and electronic products, being interfering equipment as defined in section 2(1) of the Radiocommunications Act 1989;
2. the standards applicable to particular classes of products;
3. the level of conformity applicable to a class of product; and
4. products that are exempt from the need to be the subject of a declaration of conformity.

2. Interpretation

1. In this notice, unless the context otherwise requires:
   battery powered, in relation to a product, means a product that is not capable of being connected, either directly or indirectly, to the electrical mains supply.
   code of practice means a publication prescribing the procedures and processes relating to any of the following:
   i. the installation and maintenance of products;
   ii. the interconnection of products;
   iii. the networking of products; and
   iv. the assembling of components, modules and sub-assemblies to form a finished product.
   electromagnetic compatibility, (EMC), means the ability of products to satisfactorily function as intended in their electromagnetic environment, without introducing intolerable electromagnetic disturbances into that environment.
   fixed installation means a combination of parts, components, modules, or products assembled and installed at a place of use in such a way that the combination cannot be moved without being at least partially disassembled, including electric power lines and wired telecommunication distribution networks, but not including telecommunications terminal equipment designed for installation in customer premises.
2. For the purposes of the tables of this notice:
   AS/NZS means a joint Australian/New Zealand Standard under the terms of the Active Cooperation Agreement between Standards Australia International Limited and Standards New Zealand.
   CFR means the Code of Federal Regulations of the United States of America.
   CISPR means a publication published by the Special Committee on Radio Interference of the International Electrotechnical Commission.
   COP means a code of practice prescribed in this notice.
   EN means a standard published by the European Committee for Electrotechnical Standardisation, commonly known as CENELEC.
   ETS and ETS EN means a standard published by the European Telecommunications Standards Institute, commonly known as ETSI.
   IEC means a publication published by the International Electrotechnical Commission.
   UN ECE R10 means Regulation No. 10 of the United Nations Vehicle Regulations – 1958 Agreement.
3. Other words and expressions contained in this notice that are defined in the Act, Regulations and notices made under the Regulations, have the meanings so defined.

3. Scope

1. Every product that is interfering equipment, except wanted and unwanted emissions from a radio transmitter, is subject to the provisions of this notice.
2. The following products are exempt from the requirement to be the subject of a declaration of conformity and to be labelled:
1. those with a power consumption not exceeding 6 nano-watts;
2. a spare part intended for use in replacing parts of a product;
3. a vehicle that is registered, or able to be registered for operation on a road in accordance with the Land Transport Act 1998;
4. military equipment or weapons systems of the New Zealand Defence Force; and
5. military equipment or weapons systems of the defence force of another country operating in co-operation with the New Zealand Defence Force.

4. Applicable standards

1. For the purposes of Regulations 32(1)(a), (b), (c) and (d), the applicable standards and levels of conformity apply to specified classes of product as provided in the tables to this notice.
2. Unless expressly stated to the contrary in this notice:
1. an amendment or modification to an applicable standard is effective from the date specified by the authority issuing the amendment or modification.
2. a product that is first supplied two years or more after the effective date of an amendment or modification to an applicable standard must conform to that amended or modified applicable standard.

5. Conformity requirements

1. If a product is in a class to which a standard as prescribed in Tables 1–6 applies, that standard is an applicable standard, and the product must conform to the requirements of that applicable standard, as amended by the provisions of Table 7 of this notice.
2. The supplier of a product to which subsection (a) applies must comply with the level of conformity requirements applying to that product as prescribed in the Radiocommunications (Compliance) Notice 2013 No. 2, or a notice in replacement thereof.
3. If more than one standard prescribed in Tables 1–6 applies to a product, the applicable standard is the standard most closely related to the primary purpose, use or application of the product.
4. Only those requirements of a standard relating to electromagnetic radiations or inductions apply for the purposes of this notice.

6. Products to which level of conformity 1 requirements apply

If a product is not a product to which level of conformity 2 or level of conformity 3 applies, the supplier of the product must meet the requirements of level of conformity 1. Products to which level of conformity 1 applies include those that are, or only incorporate:

1. manually operated switches or simple relays;
2. brushless squirrel cage induction motors;
3. wire-wound, mains frequency transformers;
4. rectifier diodes; or
5. resistive heating elements.

7. Products to which level of conformity 2 requirements apply

1. Except as provided in subsection (b), if a product is, or incorporates, any of the following, the supplier of the product must meet the requirements of level of conformity 2. The products are:
1. a microprocessor or other clocked digital device;
2. a radio frequency oscillator;
3. a commutator or slip-ring motor;
4. arc welding equipment;
5. a lighting ballast; or
6. electronic devices operating in a switching or non-linear mode such as switched-mode power supplies, lighting dimmers, electronic transformers, and motor speed controllers.
2. If a product to which subsection (a) applies is any of the following, then the product is exempt from the requirement to be the subject of a compliance folder or to be labelled. The products are those that are:
1. supplied in a total quantity of no more than 10 per annum;
2. battery powered;
3. a prototype for demonstration purposes; and
4. a fixed installation, including telecommunications network equipment (TNE).
3. If a product is Group 1 industrial, scientific and medical (ISM) equipment, as defined in AS/NZS CISPR 11:
1. the supplier of the product must meet the requirements of level of conformity 2; and
2. the product must comply with the provisions of Table 6 in regard to the frequencies of operation.
4. If a product is telecommunications terminal equipment (TTE) designed for installation in customer premises, the supplier of the product must meet the requirements of level of conformity 2.

8. Products to which level of conformity 3 requirements apply

If a product is Group 2 industrial, scientific and medical (ISM) equipment, as defined in AS/NZS CISPR 11:

1. the supplier of the product must meet the requirements of level of conformity 3; and
2. the product must comply with the provisions of Table 6 in regard to the frequencies of operation.

9. Consequential revocation of notice

The Radiocommunications (EMC Standards) Notice 2004 No. 2, dated the 6th day of September 2004 and published in the New Zealand Gazette, 17 September 2004, No. 122, page 3036, is revoked.

Notwithstanding the revocation of the notice set out in clause 9, every product that is compliant with the requirements of that notice on the commencement date of this notice is deemed to be compliant with the requirements of this notice.

Table 1 – Australian and New Zealand Standards (AS/NZS, AS, NZS) Standards

Table 2 – Special Committee On Radio Interference (CISPR) Standards

Table 3 – International Electrotechnical Commission (IEC) Standards

Table 4 – European Norm (EN) Standards

Table 5 – Codes of Practice and other provisions

Table 6 – ISM Frequencies

Table 7 – Variations to Standards

Dated at Auckland this Monday the 3rd day of August 2015.

CHRISTOPHER BRENNAN, Compliance Manager, Radio Spectrum Management, Ministry of Business, Innovation and Employment.

Explanatory Note

This note is not part of the notice, but is intended to indicate its general effect.

This notice prescribes:

(a) classes of products, being interfering equipment and susceptible equipment as defined in section 2(1) of the Radiocommunications Act 1989;

(b) the standards applicable to particular classes of products;

(c) the level of conformity applicable to a class of product; and

(d) products that are exempt from the need to be the subject of a declaration of conformity.