CHAPTER 1GENERAL PROVISIONS

Article 2Scope

1.

This Directive shall apply to equipment as defined in Article 3.

2.

This Directive shall not apply to:

(a)

equipment covered by Directive 1999/5/EC;

F1(b)

the following aviation equipment, where that equipment falls within the scope of Regulation (EU) 2018/1139 of the European Parliament and of the Council 9 and is intended exclusively for airborne use:
  1. (i)

    aircraft, other than unmanned aircraft, as well as associated engines, propellers, parts and non-installed equipment;

  2. (ii)

    unmanned aircraft, as well as associated engines, propellers, parts and non-installed equipment, the design of which is certified in accordance with Article 56(1) of that Regulation which are intended to operate only on frequencies allocated by the Radio Regulations of the International Telecommunications Union for protected aeronautical use;

(c)

radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted in the framework of the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union10, unless the equipment is made available on the market;

(d)

equipment the inherent nature of the physical characteristics of which is such that:

  1. (i)

    it is incapable of generating or contributing to electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended; and

  2. (ii)

    it operates without unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use;

(e)

custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

For the purposes of point (c) of the first subparagraph, kits of components to be assembled by radio amateurs and equipment made available on the market and modified by and for the use of radio amateurs are not regarded as equipment made available on the market.

3.

Where, for the equipment referred to in paragraph 1, the essential requirements set out in Annex I are wholly or partly laid down more specifically by other Union legislation, this Directive shall not apply, or shall cease to apply, to that equipment in respect of such requirements from the date of implementation of that Union legislation.

4.

This Directive shall not affect the application of Union or national legislation regulating the safety of equipment.