[Elecraft] CE labels, band limits - no thanks!

[Ian White GM3SEK]

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