1.5 装置の範囲の画定

The EMCD defines "apparatus" as any finished appliance, or combination thereof made available (i.e. making available) on the market as a single functional unit, intended for the end-user, and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such a disturbance.

According to Article 3(2) of the Directive "components” or “sub- assemblies” intended for incorporation into an apparatus by the end-user and "mobile installations" are also deemed to be apparatus.

One of the pre-conditions in order to be considered apparatus in the sense of the EMCD is that it is intended for the end-user. In the context of this Guide end-user means any natural person (e.g. consumer) or legal entity (e.g. enterprise) using or intending to use the apparatus for its intended purpose.

Generally an end-user is deemed to have no qualifications in the field of electromagnetic compatibility.

Another caveat is that the apparatus should be liable to cause electromagnetic disturbances, or its normal operation may be affected by such disturbances. If both of these conditions are not fulfilled due to inherent characteristics of the apparatus, then the apparatus may be considered as inherently benign in terms of electromagnetic compatibility, and hence, the EMCD does not apply (see section 1.4.4).

Flowchart 3 summarises the provisions applicable to apparatus (see chapter 4 and section 5.4).

Flowchart 3 - Provisions applicable to apparatus

A finished appliance is any device or unit that delivers a function and has its own enclosure.

A finished appliance is considered as apparatus in the sense of the EMCD, if it is intended for the end-user and thus has to fulfil all the applicable

provisions of the Directive. If the finished appliance is made available on the market the requirements of the EMCD has to be fulfilled.

Under the EMCD, a combination of several finished products is considered to be apparatus if:

is made available by an economic operator as a single functional unit;

intended for the end-user to be operated together to perform a specific task; and

is liable to generate electromagnetic disturbance or the performance of which is liable to be affected by such disturbance

Such a combination, within the sense of the EMCD, is a single apparatus and all provisions of the EMCD apply to the combination as a whole (including the requirements on CE Marking, contact details etc.).

Combining two or more CE marked finished appliances does not automatically produce a “compliant” system e.g.: a combination of CE marked Programmable Logic Controllers and motor drives may fail to meet the essential requirements.

If any of these finished products are excluded from the EMCD and covered by another EU act (such as the RED), that specific finished product shall comply with that other EU act when it placed on the market i.e. the obligation is on the manufacturer who makes available that product for the first time.

The interaction of the different radio/electrical/electronic products is taken into account in the risk assessment when a combination, within the sense of the EMCD and as described above, is a single apparatus.

In contrast to finished appliances, components /sub-assemblies do not, in general, have a proper enclosure intended for their final use.

Components/sub-assemblies are often intended to be fitted into or added to an apparatus in order to add an additional function.

Under Article 3.2.1 of the EMCD, components/sub-assemblies are covered by the EMCD, if the following two criteria are satisfied:

a) intended for incorporation into an apparatus by the end-user; and b) liable to generate electromagnetic disturbance or the performance of which is liable to be affected by such disturbance,

Based on the definitions of 'placing on the market' and 'making available on the market' (Article 3 of the EMCD), as interpreted by the Blue Guide, supplying a product is only considered as making available on the Union market, when the product is intended for end use on the Union market.

Thus, the first criterion (paragraph a), which refers to the end user and hence to the end use, is satisfied once the components/sub-assemblies are considered as being 'placed on the market'.

The second criterion (paragraph b) is satisfied if the components/sub- assemblies are liable to generate electromagnetic disturbance or is liable to be affected by such disturbance. At least any of the two situations need to be satisfied. Benign components/sub-assemblies are excluded, thus not covered by the EMCD (see also section 1.4.4 of this Guide).

The instructions for use accompanying the component or sub-assembly should include all relevant information and should assume that adjustments or connections can be performed by an end-user not aware of the EMC implications.

Illustrative examples of EMC components/ sub-assemblies covered by the EMCD, if placed on the EU market:

a) Plug-in cards for computers;

b) Programmable logic controllers;

c) Electric motors (except for induction motors without electronic circuits, see section 1.1.4);

d) Computer disk drives;

e) USB memory sticks, SD cards;

f) Power supply units where they take the form of autonomous appliances or sold separately for installation by the end-user;

g) Electronic temperature controls.

Mobile installations (e.g. mobile LED videowalls) which are defined as a combination of apparatus (and where applicable other devices) intended to be moved and operated in a range of locations are deemed to be apparatus.

All provisions of the EMCD, as defined for apparatus, apply to mobile installations, unless they fall within any of the exclusions of the EMCD.