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;

(b) aeronautical products, parts and appliances as 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;

(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 (1), unless the equipment is made available on the market;

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

(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

(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.

Definitions:

‘equipment’ means any apparatus or fixed installation