Equipment Excluded by the EMC Directive




The exclusions listed in the following pages are based on either specific exclusions laid down in the EMC Directive, or in accordance with common interpretation reached by Member States government experts during various EMC Directive application meetings.

However, if the EMC requirements for a given apparatus or category of apparatus are dealt with in a specific Directive, the latter should clearly and in a more complete way specify the EMC requirements with which to comply.

Apparatus totally excluded (emission and immunity) from the EMC directive (non restrictive list) :

  • Radio equipment used by radio amateurs, unless the apparatus is available commercially (Article 2.3 of the EMC Directive);
    This exclusion has been stipulated because of the specific nature of the activities of radio amateurs, which do not constitute any kind of commercial translation. Radio amateurs are persons carrying out experimental activities within the field of radio communications, according to definition No 53 of the ITU (International Telecommunication Union) Radio Communications Regulation
  • Amateur radio equipment which is commercially available comes within the scope of the Directive
  • Motor Vehicles : covered by specific Directive 72/245/EEC;
  • Active implantable medical devices : covered by specific Directive 90/385/EEC;
  • Medical Devices : covered by specific Directive 93/42/EEC, after the end of the transitional period scheduled for 14th June 1998; during the transitional period the manufacturer can choose whether to apply the EMC Directive or the Medical Devices Directive
  • In vitro Diagnostic Medical Devices : to be covered by the proposal for a Directive COM(95) 130 final, as soon as this proposal is adopted and implemented in full;
  • Equipment intended for use in aircraft in flight covered by the Council Regulation (EEC) No 3922/91 of 16 December 1991;
  • Marine equipment : If covered by the specific Directive 96/98/EC, after the end of the transitional period scheduled for 31 December 1998. During the transitional period the manufacturer can choose whether to apply the EMC Directive or the Marine Equipment Directive.


Apparatus partially excluded :

a) Emission requirements only by the EMC Directive :

- Non-automatic weighing instruments: the EMC Directive covers the emission requirements. The immunity requirements are laid down in Annex 1-8(2), of Directive 90/384/EEC.

b) Immunity requirements covered only by the EMC Directive :

- Agricultural and forestry tractors: the EMC Directive covers the immunity requirements. The emission requirements are are covered by Directive 75/322/EEC.


Application of the EMC Directive to Marine equipment

  • The requirements of the 'Marine Equipment' Directive (96/98/EC) will be fully applicable from 30/06/1998 (Article 20 of this Directive)
  • Member States will accept, until 31/12/1998, the placing on the EEA market and/or the putting into service, Marine equipment covered by this Directive complying with legislation in force in their territory at 29/06/1998 (Article 20 of this Directive)

As a consequence, the manufacture has the following choices to comply with the EMC requirements :

  • From 30/6/1998 to 31/12/1998:
  • either the requirements of Directive 96/98/EC, or
  • those of the EMC Directive (89/98/EC), using the criteria developed in this guide.
  • from 1/1/1999, the end of the transitional period, the requirements of 96/98/EC are mandatory. The EMC Directive (89/336/EEC) will no longer apply.

For all Marine equipment not covered by the Marine equipment Directive (96/98/EC), the EMC Directive is mandatory from from 1/1/1996.