L 390/24 Official Journal of the European Union 31.12.2004 DIRECTIVE 2004/ 108/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee ('), Acting in accordance with the procedure referred to in Article 251 of the Treaty (3, Whereas: (1) Council Directive 89/336/EEC of 3 May 1989 on the approximation of laws of the Member States relating to electromagnetic compatibility (¥) has been the subject of a review under the initiative known as Simpler Legisla- tion for the Internal Market (SLIM). Both the SLIM process and a subsequent in-depth consultation have revealed the need to complete, reinforce and clarify the framework established by Directive 89/336/EEC. (2)  Member States are responsible for ensuring that radio- communications, including radio broadcast reception and the amateur radio service operating in accordance with International Telecommunication Union (ITU) radio regulations, electrical supply networks and telecommuni- cations networks, as well as equipment connected thereto, are protected against electromagnetic distur- bance. (3)  Provisions of national law ensuring protection against electromagnetic disturbance should be harmonised in order to guarantee the free movement of electrical and electronic apparatus without lowering justified levels of protection in the Member States. (4)  Protection against electromagnetic disturbance requires obligations to be imposed on the various economic operators. Those obligations should be applied in a fair and effective way in order to achieve such protection. 0OJ C 220, 16.9.2003, p. 13. Opinion of the European Parliament of 9 March 2004 (not yet published in the Official Journal) and Council Decision of 29 November 2004. () OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive 93/68/EEC (O] L 220, 30.8.1993, p. 1). S == (5)  The electromagnetic compatibility of equipment should be regulated with a view to ensuring the functioning of the internal market, that is to say, of an area without internal frontiers in which the free movement of goods, persons, services and capital is assured. (6)  The equipment covered by this Directive should include both apparatus and fixed installations. However, separate provision should be made for each. This is so because, whereas apparatus as such may move freely within the Community, fixed installations on the other hand are installed for permanent use at a predefined location, as assemblies of various types of apparatus and, where appropriate, other devices. The composition and func- tion of such installations correspond in most cases to the particular needs of their operators. (7)  Radio equipment and telecommunications terminal equipment should not be covered by this Directive since they are already regulated by Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications term- inal equipment and the mutual recognition of their conformity (). The electromagnetic — compatibility requirements in both Directives achieve the same level of protection. (8)  Aircraft or equipment intended to be fitted into aircraft should not be covered by this Directive, since they are already subject to special Community or international rules governing electromagnetic compatibility. (9)  This Directive need not regulate equipment which is inherently benign in terms of electromagnetic compat- ibility. (10)  This Directive should not deal with the safety of equip- ment, since that is dealt with by separate Community or national legislation. (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. (*) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003 (O] L 284, 31.10.2003, p. 1).