David Woolley wrote:
[...]
The danger is that if commercial sellers try to find loopholes, in
closing the loopholes the legislators may restrict things that were not
previously restricted.
The more serious danger comes from within - from people inventing
restrictions where none actually exist.
Kristinn has it exactly right. The only thing that matters is what the
regulations actually SAY, so she quotes them word-for-word with no
interjections, no interpretation and no invention:
"(2) This Directive shall not apply to:
...
(c) radio equipment used by radio amateurs within the meaning of the
Radio Regulations adopted in the framework of the Constitution and
Convention of the ITU [8], unless the equipment is available
commercially. Kits of components to be assembled by radio amateurs and
commercial equipment modified by and for the use of radio amateurs are
not regarded as commercially available equipment."
The only detail that seems to be open to interpretation is the meaning
of "components to be assembled". But even here the regulations are on
our side:
"(11) Where this Directive regulates apparatus, it should refer to
finished apparatus commercially available for the first time on the
Community market. Certain components or sub-assemblies should, under
certain conditions, be considered to be apparatus if they are made
available to the end-user."
Once again, this statement can be clarified with the help of another
layer of regulations and definitions. I don't have those to hand, but
"finished apparatus" in the first sentence refers to complete products
capable of functioning as an independent entity. This means that a
factory-assembled K3 does require compliance testing followed by CE
marking; we already know that, and we also know that Elecraft are
addressing this.
The first sentence of (11) does NOT apply to sub-assemblies, which are
normally outside the scope of the EMC regulations. It is recognised that
the EMC performance of subassemblies will depend on how they are used,
so the regulations do not apply until the finished assembly is either
"placed on the market" or "taken into service".
The second sentence of (11) deals only with the exceptions, to catch any
cases where the requirements for EMC testing and certification "should,
under certain conditions" be applied to components or sub-assemblies.
But it only applies to certain items, definitely not all of them.
My interpretation is that each case would be treated on its own merits,
based on the EMC risks that it presents.
As a benchmark of that risk, we already know that the regulations accept
the EMC risks arising from completely home-constructed equipment, or
from kits assembled from components, so long as the work is done by and
for the use of individual licensed amateurs. How do the K3
sub-assemblies measure up to that benchmark? Since they can only be used
to build a K3, and since each individual sub-assembly has been
factory-tested, the EMC risks are far below the benchmark. Case
dismissed - there is no reason to imagine that where the second
sentence of (11) might apply to the K3's subassemblies, so they are free
to walk in.
Forgive the detailed grind through the regulations, but it's either that
way or nothing. We can't just make things up according to what we
imagine the regulations say, or what we think they should say. The only
thing that counts is what the regulations DO say.
Therefore Elecraft are categorically NOT exploiting a loophole in
selling the K3 into the EU as subassemblies. Quite the opposite - they
are acting in complete accordance with the EMC regulations, and in their
usual correct and responsible manner.
To repeat what I said yesterday, this fevered speculation is only a
temporary symptom of K3 deprivation. This too shall pass...
By the way, the European EMC regulations DON'T say anything about
restricted transmitting bands for amateur equipment. The original
question was about enabling K3 owners to restrict those bands
voluntarily, if they ever need to get through the eccentric border
restrictions of certain individual countries.
--
73 from Ian GM3SEK
http://www.ifwtech.co.uk/g3sek
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