第3条 定義

1. For the purposes of this Directive, the following definitions shall apply:

(1)‘equipment’ means any apparatus or fixed installation;

(2)‘apparatus’ means any finished appliance or combination thereof made 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 disturbance;

(3)‘fixed installation’ means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a predefined location;

(4)‘electromagnetic compatibility’ means the ability of equipment to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to other equipment in that environment;

(5)‘electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of equipment; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

(6)‘immunity’ means the ability of equipment to perform as intended without degradation in the presence of an electromagnetic disturbance;

(7)‘safety purposes’ means the purposes of safeguarding human life or property;

(8)‘electromagnetic environment’ means all electromagnetic phenomena observable in a given location;

(9)‘making available on the market’ means any supply of apparatus for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(10)‘placing on the market’ means the first making available of apparatus on the Union market;

(11)‘manufacturer’ means any natural or legal person who manufactures apparatus or has apparatus designed or manufactured, and markets that apparatus under his name or trade mark;

(12)‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;

(13)‘importer’ means any natural or legal person established within the Union who places apparatus from a third country on the Union market;

(14)‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes apparatus available on the market;

(15)‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;

(16)‘technical specification’ means a document that prescribes technical requirements to be fulfilled by the equipment;

(17)‘harmonised standard’ means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;

(18)‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

(19)‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;

(20)‘conformity assessment’ means the process demonstrating whether the essential requirements of this Directive relating to an apparatus have been fulfilled;

(21)‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

(22)‘recall’ means any measure aimed at achieving the return of apparatus that has already been made available to the end-user;

(23)‘withdrawal’ means any measure aimed at preventing apparatus in the supply chain from being made available on the market;

(24)‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products;

(25)‘CE marking’ means a marking by which the manufacturer indicates that the apparatus is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;

(26)‘crisis-relevant goods’ means crisis-relevant goods as defined in Article 3, point (6), of Regulation (EU) 2024/2747 of the European Parliament and of the Council;

(27)‘internal market emergency mode’ means internal market emergency mode as defined in Article 3, point (3), of Regulation (EU) 2024/2747.

2. For the purposes of this Directive, the following shall be considered as apparatus:

(1)‘components’ or ‘sub-assemblies’ intended for incorporation into an apparatus by the end-user, which are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance;

(2)‘mobile installations’ defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations.