COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.12.1996 
COM(96) 628 final 
95/0163 (SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on marine equipment 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

Explanatory memorandum 
On 24 October 1996 the European Parliament adopted 3 amendments to the common position 
on the above proposal which was adopted by the Council on 18 June 19%. The amendments 
of the Parliament are attached to this memorandum. 
In pursuance of Article 189 c, section (d) of the EC Treaty, the Commission has re-examined 
its proposal and decided to accept amendment N° 1 of the European Parliament and not to 
accept amendments N° 2 and 3, for the following reasons: 
Amendment N° 1 related to Article 3, paragraph 3 of the common position 
This amendment represents an improvement to the text of the common position since 
it will avoid unnecessary application of overlapping provisions to the same piece of 
radiocommunication equipment, without in any way jeopardising its safety 
performance. After in-depth re-examination of the technical Annex to this proposal, 
it was proven that compliance of radiocommunication equipment with the relevant 
safety requirements of the other EC directives is already ensured under this proposal 
when referring in Annex A to specific international testing standards to be applied to 
the radiocommunication equipment itself. 
Amendment N° 2 related to Article 9, paragraph 3a (new) 
This new paragraph proposed by the Parliament merely repeats the principle of 
independence for notified bodies which is already set out in the text of the common 
position (Annex C, paragraph 2). It is, therefore, an unnecessary duplication of such 
provisions. 
Amendment N° 3 related to Article 18 of the common position 
The regulatory Committee foreseen in the common position is the same type of 
Committee established in all the other Community measures on maritime safety. The 
common position is continuing a standard practice in this field which has to be 
maintained for reasons of consistency. 
Annex 1: Re-examined Proposal 
Annex 2: Amendments adopted by the European Parliament and not accepted by the 
Commission 
Annex 1 
Re-examined proposal for a 
Council Direrrivp 
on marine equipment 
Article 3(3) 
3. Notwithstanding the fact that the 
equipment referred to in paragraph 1 
may fall within the scope of 
Directives other than this Directive 
for the purposes of free movement, 
and in particular Council Directives 
89/336/EEC of 3 May 1989 on the 
approximation of the laws of the 
Member States relating to 
electromagnetic compatibility and 
89/686/EEC of 21 December 1989 on the 
approximation of the laws of the 
Member States relating to personal 
protective equipment, that equipment 
shall be subject only to this 
Directive, to the exclusion of all 
others for those purposes. yhis 
paragraph shall not apply fco. 
radiocommunications equipment. 3. Notwithstanding the fact that the 
equipment referred to in paragraph 1 
may fall within the scope of 
Directives other than this Directive 
for the purposes of free movement, 
and in particular Council Directives 
89/336/EEC of 3 May 1989 on the 
approximation of the laws of the 
Member States relating to 
electromagnetic compatibility and 
89/686/EEC of 21 December 1989 on the 
approximation of the laws of the 
Member States relating to personal 
protective equipment, that equipment 
shall be subject only to this 
Directive, to the exclusion of all 
others for those purposes. 
Annex 2 
Common position of the Council Amendments bv Parliament 
(Amendment 2) 
Article 9(3a) (new) 
ia^ The Member States shall ensure 
that the bodies which they appoint as 
notified bodies provide all the 
necessary guarantees of independence 
(financial, administrative and other) 
from the manufacturers or suppliers 
ûf tllfi eouipment which thev are 
evaluating. 
Common position of the Council Amendments bv Parliament 
(Amendment 3) 
Article 18(1) and (2) 
1. The Commission shall be assisted 
by ihfi committee set up by Article 12 
of Council Directive 93/75/EC of 13 
September 1993 concerning minimum 
requirements for vessels bound for or 
leaving Community ports and carrying 
dangerous or polluting OQQdsJ in accordance with the. 
down in this Article. procedure laid 1. The Commission shall be assisted 
by a committee of an advisory nature 
Composed Of the representatives of 
the Member States and chaired bv the 
representative of the Commission. 
2. The Commission representative 
shall submit to the committee a draft 
of the measures to be taken. The 
committee shall deliver its opinion 
on the draft within a time limit 
which the chairman may lay down 
according to the urgency of the 
matter. The opinion shall he 
delivered by the majority laid down 
in Article 146(2) of the Treaty in 
the case of decisions Hhish the 
Council is required to adopt on a 
proposal from the Commission. Thz 
votes of the representatives of the 
Memhej: s_ta_fce^ allhln the committee 
shall be weighted in the manner set 
out in thai Article. The chairman 
shall not vote. 
OJ L 247. 5.10.1993. P. 19. 2. The Commission representative 
shall submit to the committee a draft 
of the measures to be taken. The 
committee shall deliver its opinion 
on the draft, within a time limit 
which the chairman may lay down 
according to the urgency of the 
matter, if necessary bv taking a. 
vote. 
2a^_ The opinion shall be recorded in 
the minutes: in addition, each Member 
State shall have the right to ask to 
have its position recorded in the 
minutes-
The Commission shall taKe the utmost account of. the opinion delivered by the committee. It shall inform the 
committee of the manner in which its 
opinion has been tahen into account. 
2ÏLL. Ihfi committee shall meet in 
public. It shall publish agendas two 
weeks in advance of its meetings. It 
Shall Publish minutes of its 
meetings. It shall establish a public register of declarations of interest 
by its members-

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