The dates from when it will take effect are given in the Articles and see summary below. The basic requirement is that (like 95/54/EC) it will be mandatory under whole vehicle type approval (WVTA) for passenger cars (M1 category) and their aftermarket accessories, and at Member State discretion whether to apply it to other categories of vehicle. Therefore, for goods vehicles and buses, and for components intended for fitment to these, each member state has discretion as to whether or not to amend national legislation to require that new approvals and new registrations have to be approved to 2004/104/EC for EMC.

New Directive - summary points:

Timing

New approvals are available from 1st Jan 2006.

New (vehicle or component) type approvals for EMC must comply to the new Directive from 1st July 2006 - testing to 95/54/EC no longer possible. Existing vehicles and components (already approved for EMC before that date) can carry on being sold.

New registrations of M1 (passenger car) vehicles and all new aftermarket components on sale (that are intended for fitment to M1 passenger cars) must comply from 1 Jan 2009.

Aftermarket Accessories

E-marking will not be required for non-immunity related aftermarket accessories - however they will need to do both:

(1) self-certify compliance to the Automotive Directive emissions and conducted transients requirements,

and

(2) obtain a certificate from the automotive authorities to certify the product or range of products is not related to immunity and thus does not need type approval.