Scope of application

Article 2

Area of ​​application

1. This Directive shall apply to equipment as
defined in article 3.

2. This Directive shall not apply to:
(a) equipment regulated by Directive 1999/5/EC; (b) aeronautical products, components and equipment referred to in Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2); (c) radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted within the framework of the Constitution of the International Telecommunication Union and the Convention on the International Telecommunication Union (1), unless the equipment is placed on the market; (d) equipment the physical characteristics of which are such that:
(i) may not generate or contribute to electromagnetic emissions exceeding a level that would allow radio and telecommunications equipment, and other equipment,
operate as intended, and ii) operate without unacceptable degradation in the presence of normal electromagnetic disturbances resulting from their intended use;
(e) evaluation kits, manufactured to order, intended for use by professionals exclusively in research and development facilities for such purposes. For the purposes of point (c) of the first paragraph, kits of components for assembly by radio amateurs and equipment marketed and modified by and for the use of such radio amateurs shall not be considered marketed equipment.

3. Where, in the case of equipment referred to in paragraph 1, there is other Union legislation which regulates in a more specific manner all or part of the essential requirements set out in Annex I, this Directive shall not apply.
shall apply, or cease to apply, to that equipment with respect to those requirements from the date of application of that Union legislation.