A4-0337/98

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (C4-0342/98 - 97/0149(COD))(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0342/98 - 97/0149(COD) ((OJ C 227, 20.7.1998, p. 37.)),

- having regard to its opinion at first reading ((OJ C 56, 23.2.1998, p. 19.)) on the Commission proposal to Parliament and the Council, COM(97)0257 ((OJ C 248, 14.8.1997, p. 4.)),

- having regard to the amended Commission proposal, COM(98)0176 ((OJ C 141, 6.5.1998, p. 9.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0337/98),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and the Commission.

(Amendment 1)

Recital 5a (new)

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(5a) Whereas apparatus exclusively used for activities concerning public security, defence, state security (including the economic well-being of the state in the case of activities pertaining to state security matters) and the activities of the state in the area of criminal law as referred to in Article 36 of the EC Treaty are not covered by this Directive;

(Amendment 2)

Recital 40a (new)

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(40a) Whereas a modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty was concluded on 20 December 1994;

(Amendment 3)

Article 1(5)

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5. This Directive shall not apply to apparatus exclusively used for activities concerning public security, defence, State security (including the economic well-being of the State in the case of activities pertaining to State security matters) and the activities of the State in the area of criminal law.

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Deleted

(Amendment 4)

Article 2(b)

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(b) 'telecommunications terminal equipment¨ means a product or relevant component thereof which is intended to be connected by any means whatsoever to interfaces of public telecommunications networks (that is to say, telecommunications networks used wholly or partly for the provision of publicly available telecommunications services);

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(b)

'telecommunications terminal equipment¨ means a product or relevant component thereof which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks (that is to say, telecommunications networks used wholly or partly for the provision of publicly available telecommunications services);

(Amendment 5)

Article 3

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1. The following essential requirements are applicable to all apparatus:

(a) the objectives with respect to safety requirements contained in Directive 73/23/EEC, but with no lower voltage limit applying;

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1.

The following essential requirements are applicable to all apparatus:

(a) the protection of the health or the safety of the user or any other person, including the objectives with respect to safety requirements contained in Directive 73/23/EEC, but with no voltage limit applying;

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(b) the protection requirements with respect to electromagnetic compatibility contained in Directive 89/336/EEC;

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(b)

the protection requirements with respect to electromagnetic compatibility contained in Directive 89/336/EEC;

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(c) prevention of harm to the network or its functioning which causes an unacceptable degradation of service to persons other than the user of the apparatus.

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Deleted

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2. In addition, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference.

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2.

In addition, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference.

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3. In accordance with the procedure laid down in Article 14, the Commission may decide that apparatus within certain equipment classes shall be so constructed that:

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3.

In accordance with the procedure laid down in Article 14, the Commission may decide that apparatus within certain equipment classes or apparatus of particular types shall be so constructed that:

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(a) it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the Community; and/or that

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(a)

it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the Community; and/or that

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(aa) it does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; and/or that

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(b) it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber is protected; and/or that

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(b)

it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber is protected; and/or that

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(c) it supports certain features ensuring avoidance of fraud; and/or that

(d) it incorporates certain features ensuring access to emergency services; and/or that

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(c)

it supports certain features ensuring avoidance of fraud; and/or that

(d) it incorporates certain features ensuring access to emergency services; and/or that

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(e) particular types of apparatus support certain features in order to facilitate its use by users with a disability.

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(e) it supports certain features in order to facilitate its use by users with a disability.

(Amendment 6)

Article 5(3)

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3. The Commission may, after consulting the Committee and in accordance with the procedure laid down in Article 13, issue guidelines on the interpretation of the harmonized standard and publish a list of corrections to the harmonized standard pending formal correction of the harmonized standard. After consultation of the Committee and in accordance with the procedure laid down in Article 13, the Commission may withdraw harmonized standards by publication of a notice in the Official Journal of the European Communities.

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3. In the case of shortcomings of harmonized standards with respect to the essential requirements, the Commission may, after consulting the Committee and in accordance with the procedure laid down in Article 13, publish in the Official Journal of the European Communities guidelines on the interpretation of harmonized standards or the conditions under which compliance with that standard raises a presumption of conformity. After consultation of the Committee and in accordance with the procedure laid down in Article 13, the Commission may withdraw harmonized standards by publication of a notice in the Official Journal of the European Communities.

(Amendment 7)

Article 7(4a) (new)

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4a. In case of emergency, an operator may disconnect apparatus if the protection of the network requires the equipment to be disconnected without delay, and the user can be offered an alternative solution. The operator shall immediately inform the national authority responsible for the implementation of paragraph 4 and Article 8.

(Amendment 8)

Article 7a (new)

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Article 7a

Free movement of apparatus

1. Member States shall not prohibit, restrict or impede the placing on the market and putting into service in their territory of apparatus bearing the CE marking referred to in Annex VII, which indicates its conformity with all provisions of this Directive, including the conformity assessment procedures set out in Chapter II. This shall be without prejudice to Articles 6(4) and 7(2).

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2. At trade fairs, exhibitions, demonstrations, etc., Member States shall not create any obstacles to the display of apparatus which does not comply with this Directive, provided that a visible sign clearly indicates that such apparatus may not be marketed or put into service until it has been made to comply.

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3. Where the apparatus is subject to other Directives concerning other aspects and which also provide for the affixing of the CE marking, the latter shall indicate that such apparatus also fulfils the provisions of those other Directives. However, should one or more of those Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate that the apparatus fulfils the provisions only of those Directives applied by the manufacturer. In this case, the particulars of those Directives, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by those Directives and accompanying such products.

(Amendment 9)

Article 8(2), introduction

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2. The Member State concerned shall immediately notify the Commission which, in turn, shall inform other Member States of any such measures indicating the reasons for its decision and whether non-compliance is due to:

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2.

The Member State concerned shall immediately notify the Commission of any such measures indicating the reasons for its decision and whether non-compliance is due to:

(Amendment 10)

Article 8(5a) (new)

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5a. When a Member State notifies the Commission of a measure referred to in paragraphs 1 or 5 the Commission shall in turn inform other Member States and consult the Committee on the matter.

Where, after such consultation, the Commission considers that:

- the measure is justified, it shall immediately so inform the Member State which took the initiative and the other Member States;

- the measure is unjustified, it shall immediately so inform the Member State and request it to withdraw the measure.

(Amendment 11)

Article 9(2)

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2. As an alternative to the procedures laid out below, compliance of the apparatus with the essential requirements identified in Articles 3(1)(a) and (b) may be demonstrated using the procedures specified in Directive 73/23/EEC and Directive 89/336/EEC respectively, where the apparatus is within the scope of those directives.

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2. At the choice of the manufacturer, compliance of the apparatus with the essential requirements identified in Article 3(1)(a) and (b) may be demonstrated using the procedures specified in Directive 73/23/EEC and Directive 89/336/EEC respectively, where the apparatus is within the scope of those directives, as an alternative to the procedures laid out below.

(Amendment 12)

Article 11(1), 1st subparagraph

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1. Apparatus complying with the relevant essential requirements shall bear the CE conformity marking referred to in Annex VII. It shall be affixed under the responsibility of the manufacturer, his authorized representative within the Community or the person responsible for placing the apparatus on the market.

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1.

Apparatus complying with all relevant essential requirements shall bear the CE conformity marking referred to in Annex VII. It shall be affixed under the responsibility of the manufacturer, his authorized representative within the Community or the person responsible for placing the apparatus on the market.

(Amendment 14)

Article 16

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The Commission shall review the operation of this Directive and report thereon to the European Parliament and to the Council, on the first occasion not later than ......................... and every third year thereafter. The report shall cover progress on drawing up the relevant standards, as well as any problems that have arisen in the course of implementation. The report shall also outline the activities of the Committee, and assess progress in achieving an open competitive market for apparatus at Community level. It shall in particular examine whether essential requirements are still necessary for all categories of apparatus covered and whether the procedures contained in Annex IV, third paragraph, are proportionate to the aim of ensuring that the essential requirements are met for apparatus covered by that Annex. Where necessary, further measures may be proposed in the report for full implementation of the aim of the Directive.

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The Commission shall review the operation of this Directive and report thereon to the European Parliament and to the Council, on the first occasion not later than ......................... and every third year thereafter. The report shall cover progress on drawing up the relevant standards, as well as any problems that have arisen in the course of implementation. The report shall also outline the activities of the Committee, assess progress in achieving an open competitive market for apparatus at Community level

and examine how the regulatory framework for placing on the market and putting into service of apparatus should be developed to:

(a) ensure that a coherent system is achieved at Community level for all apparatus;

(b) allow for convergence of the telecommunications, audiovisual and information technology sectors;

(c) enable harmonisation of regulatory measures at international level.

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It shall in particular examine whether essential requirements are still necessary for all categories of apparatus covered and whether the procedures contained in Annex IV, third paragraph, are proportionate to the aim of ensuring that the essential requirements are met for apparatus covered by that Annex. Where necessary, further measures may be proposed in the report for full implementation of the aim of the Directive.

(Amendment 18)

Article 17(3)

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3. Apart from the essential requirements referred to in Article 3(1)(c), the Member States may, for a period of 30 months following the date referred to in the first sentence of Article 18(1), and in conformity with the provisions of the Treaty, continue to require telecommunications terminal equipment not to be capable of causing unacceptable deterioration of a voice telephony service accessible within the framework of the universal service as defined in Directive 98/10/EC.

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3.

Apart from the essential requirements referred to in Article 3(1), the Member States may request to continue, for a period of up to 30 months following the date referred to in the first sentence of Article 18(1), and in conformity with the provisions of the Treaty, to require telecommunications terminal equipment not to be capable of causing unacceptable deterioration of a voice telephony service accessible within the framework of the universal service as defined in Directive 98/10/EC. The Member State shall inform the Commission of the reasons for requesting a continuation of such a requirement, the date by which the service concerned will no longer need the requirement, and the measures envisaged in order to meet this deadline. The Commission shall consider the request taking into account the particular situation in the Member State and the need to ensure a coherent regulatory environment at Community level, and shall inform the Member State whether it deems that the particular situation in that Member State justifies a continuation and, if so, until which date such continuation is justified.

(Amendment 16)

Annex I(1), 2nd subparagraph (new)

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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.