1.4 機器及び製品

Equipment which does not contain electrical and/or electronic parts will not generate electromagnetic disturbances and its normal operation is not affected by such disturbances. Hence, equipment without electrical and/or electronic parts is not in the scope of the EMCD.

The EMCD excludes the following types of equipment:

According to Article 2(2)(a) of the EMCD, equipment within the scope of the R&TTED is excluded from the EMCD. As of 13 June 2017, the R&TTED has been replaced by the RED. Under Article 50 of the RED, references to the R&TTED shall be construed as references to the RED.

Therefore the exclusion in Article 2(2)(a) of the EMCD shall be construed as any equipment falling within the scope of the RED. The RED covers most radio equipment, which intentionally emits and/or receives radio waves for the purpose of radio communication, and include EMC essential requirements identical to those of the EMCD. This means that the essential requirements in the EMCD are obligatory for that radio equipment.

However, radio equipment falling under the scope of R&TTED and now the RED does not fall under the scope of the EMCD (Article 2.2.a).

Consequently, reference to the EMCD shall not be made in the EU Declaration of Conformity of a radio product under the R&TTED and now the RED.

The RED, compared to the R&TTED, applies to:

pure radio sound and radio TV receive-only equipment;

equipment operating below 9 kHz;

Radio-determination equipment is now clearly included within the scope of the RED.

The RED, compared to the R&TTED, does not apply to pure wired telecom terminal equipment.

For further detailed explanation, see Annex 4 and any guidance on RED published on the website of the European Commission.

According to Article 2.2.b, aeronautical products, parts and appliances as referred to in Regulation (EC) No 216/2008 (as amended) are excluded from the EMCD.

New EU Regulation on Civil Aviation

Regulation (EU) 2018/1139, applicable as of 11/9/2018, repealed and replaced Regulation 216/2008 as amended.

Articles 137 and 138 amend, respectively, Article 2(2) (b) of EMCD and Annex I (3) to the RED.

When these amendments are applicable, the exemption of Article 2(2) (b) of EMCD and Annex I (3) to the RED shall apply as follows:

equipment within the scope of the new Regulation (2018/1139) is excluded from the RED and EMCD other than the following aviation equipment (i.e. the following equipment is covered by the EMCD or RED even if it falls within the scope of Regulation 2018/1139):

a) electrical/radio equipment not intended for exclusive airborne use (e.g.

ground aviation electrical/radio equipment);

b) drones in the 'open category' as well as the 'specific category';

c) drones in the 'certified category’ if not intended to operate only on frequencies allocated by the Radio Regulations of the International Telecommunication Union for protected aeronautical use.

Without prejudice to the other exemptions of the RED/EMCD:

the equipment mentioned in paragraph (a)-(c) above is covered by the RED if intended to emit and/or receive electromagnetic waves of frequencies below 3000 GHz for the purpose of radio communication and/or radiodetermination; in the other cases, that equipment is covered by the EMCD;

where, for ground aviation equipment, the essential requirements set out in Annex I of the EMCD are wholly or partly laid down more specifically by other Union legislation, the EMCD shall not apply, or shall cease to apply, to that equipment in respect of such requirements.

The EMCD excludes (Article 2.2.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 Union (unless if the equipment is made available on the market).

In any case if radio equipment, as defined in the RED, is made available on the market (including cases where the intended use is for radio amateurs) then it is covered by the RED (see Annex I of the RED).

According to Article 2(3) of the EMCD, if the EMC requirements for equipment are wholly or partly laid down more specifically by other Union legislation, the EMCD 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.

The following list contains examples of equipment excluded for both emission and immunity purposes from the EMCD:

Motor vehicle equipment classified as category A or B or C in the Table of the document with title ‘Application of EMC Directive and/or EU legislation on vehicles (for vehicle equipment)’

Medical devices (including Active implantable Medical Devices and In vitro Diagnostic Medical Devices) covered by the relevant applicable EU legislation on Medical Devices;

Marine equipment: Covered by Directive 2014/90/EU;

Agricultural and forestry tractors covered by Regulation (EU) No 167/2013;

Two or three-wheel motor vehicles within scope of Regulation 168/2013;

The following are examples of equipment excluded for immunity purposes only from the EMCD:

Measuring instruments; Covered by Directive 2014/32/EU

Non-automatic weighing instruments:

Covered by Directive 2014/31/EU.

Equipment which is inherently benign in terms of electromagnetic compatibility is excluded from the scope of the EMCD.

Equipment is considered inherently benign in terms of electromagnetic compatibility if its inherent physical characteristics are such that:

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

b) it will operate without unacceptable degradation in the presence of the electromagnetic disturbance normally present in its intended environment.

Both conditions need to be met in order to classify equipment as inherently benign.

The application of the above enables the exclusion of the following products (not exclusive) from the application of the EMCD, provided that they include no active electronic part(s):

Cables and cabling, cables accessories, considered separately;

Equipment containing only resistive loads without any automatic switching device; e.g. simple domestic heaters with no controls, thermostat, or fan;

Batteries and accumulators (without active electronic circuits);

Corded headphones, loudspeakers without amplification, guitar inductive sensors without active electronic parts;

Pocket lamps (including those containing LEDs) without active electronic circuits;

Induction motors without electronic circuits;

Quartz watches (without additional functions, e.g. radio receivers);

Home and building switches which do not contain any active electronic components;

Passive antennas;

Electromagnetic relays without active electronic parts;

Electromagnetic locks without active electronic parts;

Cathode ray tubes;

Protection equipment which only produces transitory disturbances of short duration during the clearing of a short- circuit fault or an abnormal situation in a circuit and which do not include active electronic components, such as fuses and circuit breakers without active electronic parts or active components;

High voltage types of equipment in which possible sources of disturbances are due only to localised insulation stresses which may be the result of the ageing process and are under the control of other technical measures included in non-EMC product standards, and which do not include active electronic components.

Illustrative examples:

High voltage inductors;

High voltage transformers.

If the product under assessment is not included in the list of examples above and the EMC assessment establishes that the apparatus concerned is inherently benign in terms of electromagnetic compatibility (both for emission and immunity) according to Article 2.2.d, the EMCD shall not apply. However, it is recommended to document the results of the assessment and its conclusion.

EMCD introduces an exemption for the custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes (Article 2.2.e of the EMCD).

The exemption includes several elements and only if the products fulfil all the elements they can be exempted, on the basis of Article 2.2.e of the EMCD, from the scope of the EMCD:

Custom-built i. A kit that has been built on the basis of a specific request from a specific customer or from a group of customers involved in a joint research and development project as for all or certain characteristics of the evaluation kit OR ii. A kit that has been built for the specific requirements of a specific customer or a group of customers involved in a joint research and development project as for all or certain characteristics of the evaluation kit.

The unique design and characteristics of the kit makes it solely suitable for that research and development project.

If that evaluation kit is later on provided on a regular basis or once the kit is not used for that joint research and development project purpose, it can no longer be considered a custom-built evaluation kit.

Evaluation kits A printed circuit board with an integrated circuit and support components to produce a working circuit for evaluation and development.

Destined for professionals (customers), to be used solely at research and development facilities Research and development facilities meaning public or private research and development bodies.

For research and development purposes Evaluation kits to be used in testing for further development/ improvement of the function of the equipment under research and development.

Non-exhaustive list of examples of evaluation kits that do not benefit from this exemption (even if there is a possibility for the user to adapt it to his specific needs or to build it himself):

All devices/equipment used on a regular basis (such as laboratory equipment) to perform tests for the purposes of research and development or for other applications such as to demonstrate the conformity or quality of a product.

Evaluation equipment for users in general in R&D departments (in this case, the equipment is always the same and is not "custom built").

The EMCD defines equipment as any apparatus or fixed installation. As there are separate provisions for apparatus and fixed installations, it is important that the correct category of equipment will be identified.

Flowchart 2 - Classification as apparatus