COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 46 final - SYN 204 
Brussels, 21 February 1991 
Reexamined proposal for a 
COUNCIL DIRECTIVE 
on the approximation of the laws of the Member States 
concerning telecommunications terminal equipment, 
including the mutual recognition of their conformity 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
Reexamined proposal for a Council Directive on the approximation of the laws of the 
Member States concerning telecommunications terminal equipment, including the mutual 
recognition of their conformity. 
EXPLANATORY NOTE 
1. STATUS OF THE PROCEDURE. 
a). The Commission has submitted its proposal to the Council on 27 July 1989. 
b). The Economic and Social Comittee adopted its favourable opinion on 4 October 1989. 
c). The European Parliament adopted during its first reading 24 amendments to the 
proposed Directive on 3 April 1990. 
d). In accordance with Article 149.3 of the Treaty, the Commission adopted a revised 
proposal on 19 June 1990, incorporating in full or in part 19 of these amendments. 
e). The Council adopted its common position on 24 July 1990. 
f). The Commission accepted this common position and informed the European 
Parliament of its opinion on 6 September 1990. 
g). The European Parliament adopted during its second reading 22 amendments on 11 
December 1990. 
2. POSITION OF THE COMMISSION. 
a). Out of the 22 amendments proposed during the second reading, 5 amendments having 
been adopted by the Parliament at its first hearing but not having been accepted by the 
Commission at that time, were reintroduced and again not accepted. Of the remaining 17 
new amendments the Commission has accepted in full or in part 5 thereof to the common 
position. 
The five amendments accepted in full or in part are reported below, together with the 
motivation of the Commission position: 
TEXT OF THE COMMON POSITION AMENDMENT NO J 
Article 1, paragraph 2 (addendum) 
"Public telecommunications network" 
means the public telecommunications 
infrastructure which permits the 
conveyance of signals between defined 
network termination points by wire, by 
microwave, by optical means or by other 
electromagnetic means. 
The addition of this definition, drawn from the ONP Directive, adds clarity in this 
Directive. 
TEXT OF THE COMMON POSITION 
Article 17 AMENDMENT NO.12 
Article 17 
Member States shall take the measures 
necessary to comply with this Directive not 
later than 18 months from its notification. 
They shall forthwith inform the 
Commission thereof. Member States shall take the measures 
necessary to comply with this Directive not 
later than 18 months from its notification. 
They shall forthwith inform the 
Commission thereof. 
The provisions adopted under the first 
subparagraph shall refer explicitly to this 
directive. 
Text now agreed between Council and Commission and which has to be introduced into 
this directive: 
"When Member States adopt these provisions, they shall contain a reference to this 
directive or shall be accompanied by such reference at the time of their official 
publication. The procedure for such reference shall be adopted by Member States." 
TEXT OF THE COMMON POSITION 
Article 1, paragraph 3 
The intended purpose of the equipment, 
shall be declared by the manufacturer or 
supplier of the equipment. However, 
terminal equipment within the meaning of 
paragraph 2 which makes use of the radio 
frequency spectrum is presumed to be 
intended for connection to the public 
network. AMENDMENT NO.2 
Article 1, paragraph 3 
The intended purpose of the equipment, 
shall be declared by the manufacturer or 
supplier of the equipment. However, with 
respect to connection and/or interworking. 
terminal equipment within the meaning of 
paragraph 2 which makes use of the radio 
frequency spectrum, including terminals 
that are designed to send information by 
means of radio propagation capable of 
being received outside user premises and 
capable of being retransmitted to a public 
telecommunications network termination 
point, is presumed to be intended for 
connection to the public 
telecommunications network. 
Text not accepted, but principle taken into account with simplified wording. The text "of 
the radio frequency spectrum" is replaced by "of a system of connection by radio". In 
addition, "telecommunications" is added as proposed at the end of the paragraph. 
3-
TEXT OF THE COMMON POSITION 
Article 2, paragraph 2 
The manufacturer or supplier shall be 
prepared to justify once, at the request of 
any notified body referred to in Article 
10(1), the intended purpose of such 
equipment on the basis of its design, its 
functions and indications of the market 
segment it is intended for. AMENDMENT NO.4 
Article 2, paragraph 2 
The manufacturer or supplier shall be 
prepared to justify once, at the request of 
any notified body referred to in Article 
10(1), the intended purpose of such 
equipment its functions and indications of 
the market segment it is intended for. 
Text not accepted, but the idea not to involve proprietary information is taken by 
changing the word "design" into "technical characteristics". 
TEXT OF THE COMMON POSITION 
Article 10, paragraph 4 
A Member State that has designated a 
notified body or a test laboratory under 
paragraph 1 or paragraph 2 shall annul the 
designation if the notified body or the test 
laboratory no longer meets the relevant 
criteria for designation. It shall 
immediately inform the other Member 
States and the Commission accordingly 
and withdraw the notification. Where a 
Member State or the Commission 
considers that a notified body or a test 
laboratory designated by a Member State 
does not meet the relevant criteria the 
matter shall be brought before the 
Committee, which shall give its opinion 
within three months; in the light of the 
Committee's opinion, the Commission 
shall inform the Member State concerned 
of any changes needed if that notified body 
or test laboratory is to retain its recognized 
status. AMENDMENT NO.8 
Article 10, paragraph 4 
A Member State that has designated a 
notified body or a test laboratory under 
paragraph 1 or paragraph 2 shall annul the 
designation if the notified body or the test 
laboratory no longer meets the relevant 
minimum criteria for designation, as set 
out in Annex 5. It shall immediately 
inform the other Member States and the 
Commission accordingly and withdraw the 
notification. Where a Member State or 
the Commission considers that a notified 
body or a test laboratory designated by a 
Member State does not meet the relevant 
criteria the matter shall be brought before 
the Committee, established in Article 13. 
which shall give its opinion within three 
months; in the light of the Committee's 
opinion, the Commission shall inform the 
Member State concerned of any changes 
needed if that notified body or test 
laboratory is to retain its recognized status. 
Part 1: Not accepted, Part 2: Accepted. First part would be redundant for notified 
bodies and incorrect for test laboratories. Second part adds clarity. 
b). The list of the amendments which were not accepted is given in Annex 1, with the 
reasons motivating the position of the Commission. 
c). In addition to the above mentioned changes, the Commission proposes a declaration in 
the proceedings of the Council, to take into account a concern strongly expressed by the 
Parliament and the Industry, which relates to the procedures foreseen in the Directive for 
certifying the equipment, and mainly those in Annex I. The representatives of European 
Industry, supported by the Parliament, stated at several occasions that the wording in 
particular of Annex I, which relates to the procedure which will be commonly used by the 
SMEs, leaves too much freedom to the notified bodies to request an excessive amount of 
information. As a matter of fact, this annex mentions that information has to be requested 
as far as relevant for the assessment of conformity to the essential requirements, and 
contains under its point 3 a list of elements of documentation, which is given only "for 
example". But even taking this into account, Industry fears to be requested more 
information than what is strictly necessary for the assessment of its equipment, to be 
obliged to transmit to the notified bodies for instance "design" information which could be 
proprietary, and finally to have to bear a bureaucratic burden which is not really necessary. 
The Commission is of the opinion that the text of Annex I agreed upon in the Common 
Position must not be modified, because it allows the necessary flexibility to adapt the 
request of information by the Notified Bodies to the variety of types of terminal 
equipment. But it considers useful that the Council draw the attention of the notified 
bodies to this concern of Industry and prompt them to limit their requests to what is strictly 
necessary for the assessment of conformity to the essential requirements. Consequently, 
the adoption of the following Declaration is proposed: 
" The Council and the Commission agree that, with a view to reducing the bureaucratic 
burden imposed on Industry in the course of the certification procedures, to limiting to 
what is absolutely necessary the provision of proprietary information on equipment design 
and finally to accelerating the procedures, the information requested to Industry in view of 
these certification procedures must be strictly limited to what is necessary to assess the 
conformity to the relevant essential requirements of the equipment submitted . 
Consequently, the Notified Bodies have to take due account of this necessity." 
d). Finally, the Commission thinks appropriate to take the opportunity of the adoption of 
its Reexamined Proposal to finalise the legal presentation aspects which arise as a 
consequence of the modifications the adoption of this Directive will introduce in other 
already adopted Community legislation. 
These modifications stem from the fact that this Directive, when adopted, will repeal 
Directive 86/361/EEC, the reference to which is made in a number of other Community 
Directives or Decisions. 
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The following provisions are introduced in order to cope with this aspect : 
Article 16.1 is amended with an additional text being : 
"References made to the repealed directive are understood as being made to 
this directive". 
Article 1, paragraph 2 is amended by the addition of the following two definitions 
which appears in Directive 86/361, articles 2.3 and 2.6 and are used in later directives: 
'technical specification' means a specification contained in a document which 
lays down the characteristics required of a product such as levels of quality, 
performance, safety or dimensions, including the requirements applicable to the 
product as regards terminology, symbols, testing and test methods, packaging, 
marking and labelling. 
and 
'standard' means a technical specification adopted by a recognized standards 
body for repeated or continuous application, compliance with which is not 
compulsory. 
3. CONCLUSION. 
In conclusion, the Commission is of the opinion that the proposed amendments to the 
Common Position do not modify the balance of its elements of substance, but adds clarity 
to some of its points. 
ANNEX 1 
LIST OF THE AMENDMENTS TO THE COMMON POSITION ADOPTED BY THE 
EUROPEAN PARLIAMENT AND NOT ACCEPTED BY THE COMMISSION. 
TEXT OF THE COMMON POSITION 
Recital 15 (a) new AMENDMENT NO.l 
Recital 15 (a) new 
Whereas conformity assessment 
procedures should not be too onerous or 
bureaucratic. 
Not accepted as not useful. The necessity of reducing the bureacratic burden has been 
taken into account during the negotiations in the Council, and procedures have 
consequently been simplified as far as possible. 
TEXT OF THE COMMON POSITION 
Article 3, paragraph 2 
Member States shall also take all 
appropriate measures to ensure that 
equipment referred to in Article 2 may be 
placed and allowed to remain on the 
market only if it complies with the 
requirements laid down by this Directive 
for this equipment and may not be 
connected to the public 
telecommunications network within the 
meaning of Article 1(2). AMENDMENT NO.5 
Article 3, paragraph 2 
Subject to transitional measures in 
accordance with Article 14 (b) Member 
States shall also take all appropriate 
measures to ensure that equipment 
referred to in Article 2 may be placed and 
allowed to remain on the market only if it 
complies with the requirements laid down 
by this Directive for this equipment and 
may not be connected to the public 
telecommunications network within the 
meaning of Article 1(2). 
Not accepted 
redundant. Presented and rejected at the First Hearing. The added text is 
TEXT OF THE COMMON POSITION 
Article 4 (d) 
Protection of the public 
telecommunications network from harm; AMENDMENT NO.6 
Article 4 (d) 
Protection of the public 
telecommunications network from harm; 
of a technical or non-commercial nature; 
Not accepted : This amendment was presented at the First Hearing and rejected. The 
limitations of the type of harm to be considered are specified in the directives on 
liberalisation of services and ONP. 
: -2-& 8 
TEXT OF THE COMMON POSITION 
Article 8, paragraph 3 (a) (new) AMENDMENT NO.7 
Article 8, paragraph 3 (a) (new) 
For testing and development of equipment, 
experimental use, trade shows and 
exhibitions, and other exceptional 
circumstances, full conformity assessment 
of all essential requirements may not be 
appropriate as a condition to connect to 
the public network. A public network 
operator may in such cases allow 
equipment to be attached to his network 
subject to his own judgement. 
Not accepted : This amendment was presented at the First Hearing and rejected, 
does not address equipment actually placed on the market. It 
TEXT OF THE COMMON POSITION 
Article 13, paragraph 3 
The Commission will periodically consult 
the representatives of the 
telecommunications organisations, the 
consumers, the manufacturers, the service 
providers and trade unions and will inform 
the Committee on the outcome of such 
consultations, with a view to take due 
account of the outcome. AMENDMENT NO. 9 
Article 13, paragraph 3 
The Commission will periodically and at 
least on a 6 monthly basis consult the 
representatives of the telecommunications 
organisations, the users, the consumers, 
the manufacturers, the service providers 
and trade unions. It will inform the 
Committee of the outcome of these 
consultations, and will take the fullest 
possible account of them. The Committee 
shall draw up and publish its own rules of 
procedure. 
Not accepted : Puts too heavy a bureaucratic burden on the Commission, for a process 
which is already open as linked to standardisation. We accept the addition of "users" to 
the list. 
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TEXT OF THE COMMON POSITION 
Article 14, paragraph 3 
The Commission shall adopt the measures 
envisaged if they are in accordance with 
the opinion of the Committee. 
If the measures envisaged are not in 
accordance with the opinion of the 
Committee, or if no opinion is delivered, 
the Commission shall, without delay, 
submit to the Council a proposal relating 
to the measures to be taken. The Council-
shall act by qualified majority. 
If, within three months from the date of 
referral to the Council, the Council has not 
acted, the proposed measures shall be 
adopted by the Commission. AMENDMENT NO.10 
Article 14, paragraph 3 
The Commission shall adopt measures 
which shall enter into effect immediately. 
However, if these measures are not in 
accordance with the opinion of the 
committee, the Commission shall notify 
the Council of them without delay. In this 
case: 
the Commission may postpone the 
application of the measures it has adopted 
for a period not exceeding one month from 
the date of notification: 
the Council, acting by qualified majority. 
may take a different decision with the 
period of time provided for in the 
preceding paragraph. 
Not accepted : A regulatory committee is deemed necessary for the Directive. 
TEXT OF THE COMMON POSITION 
Article 14 (b) (new) AMENDMENTNO.il 
Article 14 (b) (new) 
Transitional arrangements shall apply to 
equipment in stock at the date when this 
Directive comes into force and having type 
approval to standards applicable at the 
time of the introduction of this directive. 
Such equipment which does not carry the 
EC mark may be placed on the market and 
put into service in the territory in respect 
of which type approval has been granted 
for a period to be determined by the 
notified body. 
Not accepted : This amendment was presented at the First Hearing and rejected. This 
directive deals only with terminals covered by a common specification. In this case, 
transitional measures are covered by Article 16.3 
M** "•-Bk 
TEXT OF THE COMMON POSITION 
Annex 1, point 3 
The technical documentation shall enable 
the conformity of the product with the 
essential requirements of the Directive to 
be assessed. It shall, as far as relevant for 
such assessment, cover the design, 
manufacture and operation of the product. 
For example; the documentation shall 
contain as far as is relevant tor assessment AMENDMENT NO.13 
Annex 1, point 3 
The technical documentation shall enable 
the conformity of the product with the 
essential requirements of the Directive to 
be assessed. It shall, as far as relevant for 
such assessment, cover the design, 
manufacture and operation of the product. 
For example, the documentation shall 
contain as far as is relevant for assessment 
a general type-description 
sufficient to identify the product preferably 
by provision of photographs; 
design and manufacturing drawings 
and lists of components, sub-assemblies, 
circuits, etc.; 
descriptions and explanations 
necessary for the understanding of said 
drawings and lists and the operation of the 
product; 
a list of the standards referred to in 
Article 6, applied in full or in part, and 
descriptions of the solutions adopted to 
meet the essential requirements of the 
Directive where the standards referred to 
in Article 6 have not been applied; 
results of examinations carried out, a general type-description sufficient 
to identify the product preferably by 
provision of photographs; 
design and manufacturing 
information and lists of components, sub­
assemblies, circuits, etc.; 
descriptions and explanations 
necessary for the understanding of said 
information and lists and the operation of 
the product; 
a list of the standards referred to in 
Article 6, applied in full or in part, and 
descriptions of the solutions adopted to 
meet the essential requirements of the 
Directive where the standards referred to 
in Article 6 have not been applied; 
results of examinations carried out, 
etc.; etc.; 
test reports; 
proposed user information or 
handbook. test reports; 
proposed 
handbook. user information or 
Not accepted : This amendment was presented at the First Hearing, and rejected. The 
wording is too vague, with no justification as it is an example. 
^0 
TEXT OF THE COMMON POSITION 
Article 1, paragraph 2 
2. For the purpose of this Directive, 
terminal equipment means equipment 
intended to be connected to the public 
telecommunications network, i.e. : 
a) to be connected directly to the 
termination of a public 
telecommunications network 
or 
b) to interwork with a public 
telecommunications network being 
connected directly or indirectly to the 
termination of a public telecommunication 
network 
in order to send, process or receive 
information. AMENDMENT NO.14 
Article 1, paragraph 2 
2. For the purpose of this Directive 
terminal equipment means equipment (or 
a subassembly thereof) that : 
a) is intended by the supplier or 
manufacturer to be connected or be 
capable of connection to the termination of 
a publicly accessible telecommunications 
network. 
h) is the closest equipment to such 
termination capable of addressing the 
network and of controlling any attempt by 
equipment more remote from the network 
to address and 
c) may reasonably affect the conformity 
with the essential requirements of this 
Directive. 
The system of connection may be wire, 
radio, optical or other electromagnetic 
system. 
Not accepted, as the definition in the Commissions text is more precise. Moreover, the 
Commissions text allows for dealing in a special way with cases of terminals not being 
intended for connection to the public networks, but technically capable of being 
connected. 
TEXT OF THE COMMON POSITION 
Article 8, paragraph 1 
1. Where a Member State finds that 
terminal equipment bearing the markings 
under the provisions laid down in Chapter 
III does not comply with the relevant 
essential requirements when properly used 
in accordance with the purpose intended 
by the manufacturer, it shall take all 
appropriate measures to withdraw such 
products from the market or to prohibit or 
restrict their being placed on the market. AMENDMENT NO.15 
Article 8, paragraph 1 
1. Where a Member State finds that 
terminal equipment bearing the markings 
under the provisions laid down in Chapter 
III does not comply with the relevant 
essential requirements when properly used 
in accordance with the purpose intended 
by the manufacturer, it shall take all 
appropriate measures to withdraw such 
products from the market or to prohibit or 
restrict their being placed on the market, 
after notification of the affected parties. 
Not accepted, as Article 8.2 stipulates, that it is the Commission responsibility to do so. 
é-
TEXT OF THE COMMON POSITION 
Article 7, second paragraph 
In the light of the Committee's opinion and 
after consultation of the standing 
Committee set up by Directive 
83/189/EEC, the Commission shall inform 
the Member States whether or not it is 
necessary to withdraw references to those 
standards and any related technical 
regulations from the Official Journal of the 
European Communities and shall take the 
necessary steps to correct the shortcomings 
noted in the standards. "?<, 
AMENDMENT NO.16 
Article 7, second paragraph 
In the light of the Committee's opinion and 
after consultation of the standing 
Committee set up by Directive 
83/189/EEC, the Commission shall inform 
the Member States whether or not it is 
necessary to withdraw references to those 
standards and any related technical 
regulations from the Official Journal of the 
European Communities and shall take the 
necessary steps to correct the shortcomings 
noted in the standards and any related 
technical regulations. 
Not accepted. When the standard has been revised, it constitutes the basis for a new 
technical regulation to be adopted in the framework of the Directive. 
TEXT OF THE COMMON POSITION 
Article 4, paragraph c 
Electromagnetic compatibility 
requirements in so far as they are specific 
to terminal equipment; AMENDMENT NO.17 
Article 4, paragraph c 
Electromagnetic compatibility 
requirements of terminal equipment 
arising solely out of its physical connection 
to the public telecommunications network 
in so far as they are not covered by 
Directive 89/336/EEC: 
Not accepted. The consideration of "physical" connection only is too restrictive, and 
Article 9.4 transfers the specific telecommunications aspects to this Directive . 
TEXT OF THE COMMON POSITION 
Annex I, paragraph 2, first subparagraph 
2. The application for the EC Type 
examination shall be lodged by the 
manufacturer or his authorised 
representative established within the 
Community with a notified body of his 
choice. AMENDMENT NO.18 
Annex I, paragraph 2, first subparagraph 
2. The application for the EC Type 
examination shall be lodged by the 
manufacturer or his authorised 
representative established within the 
Community with a notified body (or 
bodies) of his choice. 
Not accepted. The practice of requesting several notified bodies to certify an equipment 
could, in certain cases, cause a saturation of the testing installations in the Community, 
and harm other manufacturers which would like to have the same type of equipment 
certified. 
*3 
TEXT OF THE COMMON POSITION 
Annex IV, paragraph 3.3, third 
subparagraph 
The auditing team shall have at least one 
member experienced as an assessor in the 
product technology concerned. The 
evaluation procedure shall include an 
assessment visit to the manufacturer's 
premises. AMENDMENT NO.20 
Annex IV, paragraph 
subparagraph 3.3, third 
The auditing team shall have at least one 
member experienced as an assessor in the 
product technology concerned. The 
evaluation procedure shall include an 
assessment visit to the manufacturer's 
production premises. 
Not accepted, as inspection at other locations than the production facilities might be 
needed. E.g., test-laboratories, maintenance facilities. 
TEXT OF THE COMMON POSITION 
Article 9, paragraph 4a (new) AMENDMENT NO.24 
Article 9, paragraph 4a (new) 
4a. In order to protect the manufacturers, 
the technical documentation to notified 
bodies has to be limited to that which is 
required solely for the purpose of 
assessment of conformity with the essential 
requirements. Legal protection of 
confidential information shall be required. 
Not accepted. The fact that the documentation has to be révélant only to the assessment 
of the product with regard to the applicable essential requirements is already clear in the 
annexes. In addition, the confidentiality duty of the notified bodies is spelt out in Annex 
V, point 7. 
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4 9 
TEXT OF THE COMMON POSITION 
Article 10, paragraph 6a (new) AMENDMENT NO.25 
Article 10, paragraph 6a (new) 
6a. Subcontracting to an establishment 
located in a third country shall be subject 
to certain conditions guaranteeing : 
(i) the competence of the 
establishment operating as sub-contractor, 
on the basis of conformity with series EN 
45000 standards and the capability of the 
Member State that has notified the sub­
contracting body to ensure effective 
monitoring of such compliance: 
(ii) the ability of the body notified 
to exercise effective responsibility for the 
work carried out. 
Not accepted, as the Notified Bodies and the test laboratories must be established within 
the Community. 
TEXT OF COMMON POSITION 
Article 9, paragraph 4a (new) AMENDMENT NO.26 
Article 9, paragraph 4a (new) 
4a. Provision shall be made for an appeals 
procedure. 
Not accepted : a special appeals procedure is not necessary, the interestedparties in the 
issue considered here have allways the possibility to bring thier possible objections to the 
attention of the Commission. On another hand, Art. 9 is not the appropriate place to 
deal with this idea. 
EEL. 
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COM(91) 46 final 
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