Product approval for commercial items is well understood, full compliance is achieved by the majority of suppliers and a ‘level playing field’ has been established. The issue becomes more difficult when products are to be supplied to the MoD, when a number of exemptions to commercial legislation apply, especially relating to product approval.

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 to provide a uniform approach to product approval and the removal of trade barriers within the EU. It is intended to promote the EU’s internal market and increase the quality and safety of products.

Many CE marking directives, however, specifically exclude products which are covered by the Treaty of Rome (now replaced by the Treaty of Amsterdam). These include a broad breadth of equipment used by the military and intelligence communities. The list of equipment does not, however, cover all those products that are painted green 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 of that arena. 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 to the armed forces, it clearly wil

also have uses and applications in a non-military environment. It will therefore need to be CE marked.

However, dependant on its use, it 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 to high power radio equipment.

Equipment Supply Requirements - EMC
The MoD (or more specifically the DE&S E3 authority), which is responsible for EMC has divided all of the products it buys into three categories. These are as follows:

Category 1¹ equipment is exempt from the requirements of the EMC Directive. However MoD policy is that for military equipment, the applicable Harm onised EMC Standards, under relevant EU Directives, apply to those interfaces that connect directly to public utilities.

Category 2² equipment has a non-military use and hence does not come under the military exemption of Article 296 of the Treaty of Amsterdam (Ex Article 223, Treaty of Rome). This must meet the applicable EU Directives, Harmonised EMC Standards and/or British Standards for its non-military applications before it can be put on the military market. Compliance with these standards would normally be the responsibility of the equipment manufacturer/civilian procurer.

Category 3³ equipment must also comply with the relevant Harmonised EMC Standards including the EMC Directive.