1. Radio equipment used by radio amateurs within the meaning of Article 1, definition 56, of the International Telecommunications Union (ITU) Radio Regulations, unless the equipment is made available on the market.
The following shall be regarded as not being made available on the market:
(a) radio kits for assembly and use by radio amateurs;
(b) radio equipment modified by and for the use of radio amateurs;
(c) equipment constructed by individual radio amateurs for experimental and scientific purposes related to amateur radio.
2. Marine equipment falling within the scope of Council Directive 96/98/EC (
5
).
3. The following aviation equipment, where that equipment falls within the scope of Regulation (EU) 2018/1139 of the European Parliament and of the Council (
6
) and is intended exclusively for airborne use:
(a) aircraft, other than unmanned aircraft, as well as associated engines, propellers, parts and non-installed equipment;
(b) unmanned aircraft, as well as associated engines, propellers, parts and non-installed equipment, the design of which is certified in accordance with Article 56(1) of that Regulation and which are intended to operate only on frequencies allocated by the Radio Regulations of the International Telecommunications Union for protected aeronautical use.
4. Custom-built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.