The new EMC directive 2004/108/EC includes a number of changes as well as clarification and simplification when compared with the old EMC directive, 89/336/EEC. This presentation summarises the application of the new EMC directive and identifies the changes and the new responsibilities placed on manufacturers. It raises concerns regarding: interpretation of terms used in the wording of the directive: 'state of the art', 'good engineering practices', the fixed installation and the definition of responsible person and the role of the notified body. It also addresses some of the issues presented for the railway industry