1.7.3 REDの適用範囲から明示的に除外されるものは何か

Article 1.3 and Annex I of the RED, exclude explicitly from its scope the following radio equipment.

The Directive does not apply to radio equipment exclusively used for activities concerning public security, defence, State security, including the economic well- being of the State in the case of activities pertaining to State security matters, and the activities of the State in the area of criminal law. In this case, the radio

equipment which is exempted from the RED will be covered by the LVD and EMCD (if LVD would not be applicable because of voltage limits, then the GPSR would be applicable for electrical safety and health).

Dual use equipment, i.e. equipment for civil and military use (or other activities listed above), does not fall under this exclusion.

For example, radio equipment in TETRA systems are widely used by the police and other public authorities dealing with public security, however, they are subject to the RED because they are not exclusively used for the activities excluded from its scope.

The RED excludes radio equipment used by radio amateurs within the meaning of Article 1, definition 56, of the International Telecommunications Union (ITU) Radio Regulations, unless the equipment is made available on the market. The following equipment shall be regarded as not being made available on the market.

(a) radio kits for assembly and use by radio amateurs;

(b) radio equipment modified by and for the use of radio amateurs;

(c) equipment constructed by individual radio amateurs for experimental and scientific purposes related to amateur radio.

The assessment whether the transfer of radio amateur equipment between radio amateurs or intended for radio amateurs shall be considered as making available on the market shall be done on a case by case basis taken into account the regularity of the supplies, the characteristics of the product, the intentions of the supplier etc. The occasional transfer of radio equipment between radio amateurs may be considered as not making available on the market. However, if supply is regular or there is a business related context then it may be considered as making available on the market, in the course of commercial activity whether in return for payment or free of charge. (Blue Guide, Chapter 2.2).

Annex I.2 of the RED refers to equipment falling within the scope of Council Directive 96/98/EC on marine equipment.

Directive 2014/90/EU repealed as of 18 September 2016, Council Directive 96/98/EC. Article 40 of Directive 2014/90/EU provides that references to the repealed Directive shall be constructed as references to this Directive.

Thus equipment within the scope of Directive 2014/90/EU is excluded from the RED. Directive 2014/90/EU covers equipment which has to be carried on ships which are subject to International Maritime Organisation (IMO) Conventions e.g.

Safety of Life at Sea (SOLAS). However radio equipment may comply with both legislations. Such products will have to carry both marks of conformity, the CE marking for the compliance with the RED and the Wheel mark for the compliance with Directive 2014/90/EU.

Marine radio equipment intended to be used on vessels for which marine radio equipment in accordance with the Marine Equipment Directive are not required, is thus covered by the RED (unless if another exemption of the RED is applicable).

AMRD, Autonomous Maritime Radio Devices are within the scope of the RED.

AMRD group A devices are also in the scope of Commission Decision 2005/53/EC of 25 January 2005 on the application of Article 3(3)(e) of Directive 1999/5/EC of the European Parliament and the Council to radio equipment intended to participate in the Automatic Identification System (AIS) (OJ L 22, 26.1.2005, p. 14); and Commission Decision 2013/638/EU of 12 August 2013 on essential requirements relating to marine radio communication equipment which is intended to be used on non-SOLAS vessels and to participate in the Global Maritime Distress and Safety System (GMDSS) (OJ L 296, 7.11.2013, p. 22);

Ground aviation radio equipment is covered by the RED (unless if another exemption of the RED is applicable).

Regulation (EU) 2018/1139, applicable as of 11/9/2018, repealed and replaced Regulation 216/2008. The major amendment concerns the widening of the scope by the inclusion of unmanned aircraft (drones) intended to operate only on frequencies allocated by the Radio Regulations of ITU (International Telecommunications Union) for protected aeronautical use.

Radio equipment within the scope of the 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) radio equipment not intended for exclusive airborne use (e.g. ground aviation 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:

(a) the equipment mentioned in paragraph (a)-(c) above is covered by the RED when it emits and/or receives electromagnetic waves of frequencies below 3000 GHz for the purpose of radio communication and/or radiodetermination. In all other cases, that equipment is covered by the EMCD;

(b) 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.

RED introduces an exemption for the custom-built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes (Annex I.4 of the RED).

The exemption includes several elements and only if the products fulfil all the elements can be exempted, on the basis of Annex I.4 of the RED, from the scope of the RED:

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").

Free programmable SDR “black box” FPGA like Adalm-Pluto,