COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 29.05.1998 
COM(1998) 349 final 
96/0220 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending for the third time Directive 83/189/EEC laying down a procedure 
for the provision of information in the field of technical standards and regulations 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

1. Background 
• On 24 July 1996 the Commission adopted a proposal for a Directive (together 
with a communication) designed to introduce a mechanism for the transparency 
of rules applying to information society services by amending 
Directive 83/189/EEC for a third time.1 
• On 20 March 1997 the Economic and Social Committee endorsed the proposal. 
• On 16 May 1997 Parliament adopted, at first reading and in accordance with the 
codecision procedure (Article 189b of the EC Treaty), a legislative resolution 
endorsing, subject to amendments contained in the resolution, the Commission's 
proposal and calling on the Commission to amend its proposal accordingly. 
• On 17 November 1997 the Commission adopted, pursuant to Article 189b(2) of 
the EC Treaty, an amended proposal incorporating, in letter or in spirit, most of 
the amendments voted by Parliament at first reading. 
• On 26 January 1998 the Council, acting pursuant to Article 189b(2) of the 
EC Treaty, adopted a common position on the proposal for a Directive. 
• On 28 January 1998 the Commission adopted its communication on the Council 
common position and forwarded it to Parliament. 
• On 14 May 1998 Parliament adopted, at second reading, five amendments to the 
Council's common position. 
2. Aim of the Commission proposal 
This proposal for a Directive is designed to introduce a system of information and 
consultation between the Commission and the Member States on future national 
regulatory initiatives relating specifically to information society services. 
These services are defined as services provided at a distance, by electronic means 
and at the individual request of a recipient of services. 
Preservation of the area without internal frontiers constituted by the internal market 
is an essential precondition for safeguarding and promoting the development of 
on-line interactive services, which offer great potential for investment, the growth 
and competitiveness of European industry, job creation and consumers. 
In extending to future draft national legislation on information society services the 
rules governing prior notification (with adoption of the national legislation initially 
postponed for three months) and consultation that currently apply to products under 
Directive 83/189/EEC, this Directive is specifically designed to ensure a stable, 
transparent and cohesive framework for stimulating the development of these "new" 
COM(96) 392 final and OJ C 307, 16.10.1996. 
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services, based in particular on the internal market principles of free movement of 
services and freedom of establishment. 
3. Opinion of the Commission on the amendments proposed by Parliament 
In its communication on the common position, the Commission stated that it could 
accept the common position despite certain restrictions introduced by the Council on 
the scope and operation of its proposal (without, however, altering the basic 
substance), in view of the need for rapid definitive adoption and implementation of 
the information and consultation procedure proposed. 
The amendments to the common position which have been voted by Parliament at 
second reading have the effect of clarifying and reinforcing some provisions of the 
Directive, while confirming the substance of the text approved by the Council. 
For this reason, and in the light of its amended proposal, which had already 
incorporated a number of amendments adopted by Parliament at first reading and 
presented again at second reading, the Commission can support all of Parliament's 
amendments to the common position. 
Amendment 1 
A general consideration of this nature, which is consistent with the aims and 
objectives of the Directive and with the requirement that the Commission present, in 
due course, an evaluation report and, if necessary, proposals for a revision of the 
Directive (Article 3), highlights the importance of keeping the development of 
information society services under constant review and, if.need be, of taking future 
initiatives to promote their development. 
It reproduces amendment 18 adopted at first reading, which was incorporated into 
the amended proposal. 
Amendment 2 
This amendment, which makes it possible to call upon the expertise of persons from 
the industrial or academic world and, if possible, from representative bodies 
regarding rules on new services, fits neatly into the operational framework of 
Directive 83/189/EEC as it currently stands, which already provides for the 
possibility of consulting experts from the private sector (Article 6(7)). 
This possibility reproduces in a different form the substance of amendment 14 
adopted at first reading, which was partly incorporated into the amended proposal. 
Amendments 3 and 5 
There are already several references to obstacles to the freedom of establishment in 
the common position: in Article l(2)(c) (concerning Article 1(11) of 
Directive 83/189/EEC), Article l(5)(a) (concerning the third indent of Article 9(2) 
of Directive 83/189/EEC) and a number of recitals (Nos 8, 12 and 18). 
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These two amendments, therefore, merely supplement the references to obstacles to 
the freedom of establishment in two specific provisions of the Directive and they are 
consequently useful and relevant in terms of the legal consistency and precision of 
the Directive's substantive provisions. 
They correspond in full to amendments 15 and 17 adopted at first reading, which 
were incorporated into the amended proposal. 
Amendment 4 
This amendment, which is confined to rules on services, provides that a 
Member State which receives a detailed opinion must give reasons in cases where it 
has not been able to take account of that opinion. 
This amendment must be seen as a positive development since it confirms and spells 
out the general obligation on each Member State to report on the detailed opinions it 
receives in order to intensify the dialogue and enhance transparency between 
Member States and the Commission: it underlines the spirit of cooperation that 
should be displayed by the Member State directly concerned where there is a risk of 
a problem arising in connection with the operation of the internal market. 
4-
Amended proposal 
for a European Parliament and Council Directive amending for the third time 
Directive 83/189/EEC laying down a procedure for the provision of information in 
the field of technical standards and regulations 
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COMMON POSITION AMENDMENTS BY PARLIAMENT 
(Amendment 1) 
Recital 27 27. Whereas the Commission will at 
regular intervals investigate developments 
in the market for new services in the liekl 
of the information society, especially in the 
framework of the convergence between 
telecommunications, informati on 
technology and media and, whe re 
necessary, take initiatives in order to adapt 
rules promptly in order to encourage the 
European development of new services; 
(Amendment 2) 
Article l(3a) (new) 
Article 6(7a) (new) (Directive 83/189/EEC) 
3a 3a. The following new paragraph 7a shall 
be added to Article 6: 
"With respect to rules on services, the 
Commission and the Committee may 
consult natural or legal persons from 
industry or academia, and, where possible, 
representative bodies, capable of delivering 
an expert opinion on the social and societal 
aims and consequences of any draft rule on 
services and take notice of their advice 
whenever requested to do so." 
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(Amendment 3) 
Article 1(4) 
Article 8(1), sixth subparagraph (Directive 83/189/EEC) 
4. The sixth subparagraph of Article 8(1) 4. 
shall be replaced by the following: The sixth subparagraph of Article 8( 1 ) 
shall be replaced by the following: 
'"With respect to the technical 
specifications or other requirements or 
rules on services referred to in the third 
indent of the second subparagraph of 
point 11 of Article 1, the comments or 
detailed opinions of the Commission or 
Member States may concern only aspects 
which may hinder trade or, in respect of 
rules on services, the free movement of 
services and not the fiscal or financial 
aspects of the measure." "With respect to the technical 
specifications or other requirements or 
rules on services referred to in the third 
indent of the second subparagraph of 
point 11 of Article 1, the comments or 
detailed opinions of the Commission or 
Member States may concern only aspects 
which may hinder trade or, in respect of 
rules on services, the free movement of 
services or the freedom of establishment of 
service operators and not the fiscal or 
financial aspects of the measure." 
(Amendment 4) 
Article l(5(a)a) 
Article 9(2) (Directive 83/189/EEC) 
(a)a (a)a: The following sentence is added at the 
end of point (a): 
"With respect to rules on services, the 
Member State concerned shall indicate 
where appropriate the reasons why the 
detailed opinions cannot be taken into 
account, wherever this is the case." 
(Amendment 5) 
Article l(6)(b) 
Article 10(1), sixth indent (Directive 83/189/EEC) 
(b) the sixth indent of paragraph 1 shall be 
replaced by the following: 
**- restrict themselves to amending a 
technical regulation within the meaning of 
point 11 of Article 1, in accordance with a 
Commission request, with a view to 
removing an obstacle to trade or, in the 
case of rules on services, to the free 
movement of services;" (b) the sixth indent of paragraph 1 shall be 
replaced by the following: 
"- restrict themselves to amending a 
technical regulation within the meaning of 
point 11 of Article 1, in accordance with a 
Commission request, with a view to 
removing an obstacle to trade or, in the 
case of rules on services, to the free 
movement of services or the freedom of 
establishment for service operators;" 
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ISSN 0254-1475 
COM(98) 349 final 
DOCUMENTS 
EN 16 15 06 
Catalogue number : CB-CO-98-359-EN-C 
ISBN 92-78-36905-5 
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