COMMISSION DECISION of 18 November 1994 on a common technical regulation for the pan-European integrated services digital network (ISDN) primary rate access (94/796/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (1), as amended by Directive 93/68/EEC (2), and in particular Articles 6(2) and 16(4) thereof,
Whereas the Commission has adopted under Council Directive 86/361/EEC (3) the measure identifying the type of terminal equipment for which a common technical regulation is required, together with the associated scope statement;
Whereas this Decision constitutes a bridging measure which is to be reviewed within a period of two years following its adoption due account being taken of the progress made by the relevant standardization body engaged in the preparation of a new harmonized standard implementing the essential requirements applicable;
Whereas during this period it may be necessary to amend this Decision with respect to the harmonized standards identified in this Decision;
Whereas in some Member States, the early national implementations of ISDN may have resulted in justified national variations;
Whereas in order to ensure continuity of access to markets for manufacturers now serving one or more national markets, it is necessary to allow for transitional arrangements regarding the use of national requirements during the period mentioned in this Decision;
Whereas the maximum period mentioned in this Decision should be determined by the finalization by the relevant standardization body of the mandated harmonized standards implementing the essential requirements applicable;
Whereas the common technical regulation adopted in this Decision is in accordance with the opinion of the Approvals Committee for Terminal Equipment (ACTE),
HAS ADOPTED THIS DECISION:
Article 1
1. This Decision shall apply to terminal equipment intended to be connected to a public telecommunications network and falling within the scope of the harmonized standard identified in Article 2 (1).
2. This Decision establishes a common technical regulation covering the technical characteristics, electrical and mechanical interface requirements, and access control protocol to be provided by terminal equipment which is capable of and intended by the manufacturer, or his representative, for connection to a T, or coincident S and T, reference point for a primary rate access at an interface to a public telecommunications network presented as a pan-European ISDN (EURO-ISDN) primary rate access point.
Article 2
1. The common technical regulation shall include the harmonized standard prepared for the corresponding measure adopted under Directive 86/361/EEC, but shall limit itself to the essential requirements referred to in Article 4 (c) to (f) of Directive 91/263/EEC. The reference to the standard is set out in Annex I, of which the applicable part is shown in Annex II.
2. Terminal equipment covered by this Decision shall comply with the common technical regulation referred to in paragraph 1, shall meet the essential requirements referred to in points (a) and (b) of Article 4 of Directive 91/263/EEC, and shall meet the requirements of any other applicable Directives, in particular Council Directives 73/23/EEC (4) and 89/336/EEC (5).
Article 3
Notified bodies designated for carrying out the procedures referred to in Article 9 of Directive 91/263/EEC shall, as regards terminal equipment covered by Article 1 (1) of this Decision, use or ensure the use of the harmonized standard referred to in Annex I except where a justified national variation is applicable during the period referred to in Article 4.
Article 4
The Commission shall examine the experience gained in the application of this Decision and the progress made by the relevant standardization body for the purpose of ensuring the early availability of the relevant harmonized standard which has been adopted by that recognized standardization body. To that end it shall adopt any necessary amendments to this Decision in accordance with the procedures laid down in Directive 91/263/EEC, and it shall adopt a final measure within a maximum period of two years after this Decision has taken effect.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 18 November 1994.