II
(Preparatory Acts)
COMMISSION
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 regulationsØ (˛)
(98/C 65/07)
(Text with EEA relevance)
COM(97) 601 final - 96/0220(COD)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 17 November
1997)
(˛)ÙOJ CØ307, 16.10.1996, p. 11.
INITIAL PROPOSAL AMENDED PROPOSAL
THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, in particular Articles 100a and 213 thereof,Having regard to the Treaty establishing the European
Community, in particular Articles 100a and 213 thereof,
Having regard to the proposal of the Commission, Having regard to the proposal of the Commission,
Having regard to the opinion of the Economic and
Social Committee,Having regard to the opinion of the Economic and
Social Committee,
Acting in accordance with the procedure referred to in
Article 189b of the Treaty,Acting in accordance with the procedure referred to in
Article 189b of the Treaty,
(1)ÙWhereas, in order to promote the smooth funcÜ
tioning of the internal market, as much transÜparency as possible should be ensured as regardsthe future national rules and regulations that will
apply to information society services by amending
Directive 83/189/EEC;(1)ÙWhereas, in order to promote the smooth funcÜ
tioning of the internal market, as much transÜparency as possible should be ensured as regardsthe future national rules and regulations that will
apply to information society services by amending
Directive 83/189/EEC;
(1a)ÙWhereas the concepts of "service’ and "provision of
service’ used in this Directive must be understoodin the broad sense of the term given to them bythe caseÜlaw of the Court of Justice in its interpreÜ
tation of Articles 59 to 66 of the EC Treaty;C 65/12 28.2.98 Official Journal of the European Communities
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INITIAL PROPOSAL AMENDED PROPOSAL
(2)ÙWhereas a wide variety of services within the
meaning of Articles 59 and 60 of the Treaty will
benefit from the opportunities afforded by the
information society for being provided at adistance, electronically and on the individualrequest of a service receiver;(2)ÙWhereas a wide variety of services within the
meaning of Articles 59 and 60 of the Treaty will
benefit from the opportunities afforded by the
information society for being provided at adistance, electronically and on the individualrequest of a service receiver;
(3)ÙWhereas the area without internal frontiers of
which the internal market consists enables theproviders of such services to develop their crossÜ
border activities with a view to increasing their
competitiveness, and thus affords ordinary citizensnew opportunities for transmitting and receivinginformation regardless of frontiers, and consumers
new forms of access to goods and services;(3)ÙWhereas the area without internal frontiers of
which the internal market consists enables theproviders of such services to develop their crossÜ
border activities with a view to increasing their
competitiveness, and thus affords ordinary citizensnew opportunities for transmitting and receivinginformation regardless of frontiers, and consumers
new forms of access to goods and services;
(4)ÙWhereas the various social, societal and cultural
implications of the advent of the information
society may require account to be taken of the
specificity of the content of such services;(4)ÙWhereas the various social, societal and cultural
implications of the advent of the information
society may require account to be taken of the
specificity of the content of such services;
(4a)ÙWhereas there may be instances in which Member
States deem it necessary to take measures in the
interest of preserving cultural identity anddiversity, having due regard for Community law;
(5)ÙWhereas the European Council has stressed the
need to create a clear and stable legal framework atCommunity level in order to foster the developmentof the information society; whereas Community law
and the rules governing the internal market in
particular, including both the principles enshrinedin the Treaty and secondary legislation, alreadyconstitue a basic legal framework for the growth of
such services;(5)ÙWhereas the European Council has stressed the
need to create a clear and stable legal framework atCommunity level in order to foster the developmentof the information society; whereas Community law
and the rules governing the internal market in
particular, including both the principles enshrinedin the Treaty and secondary legislation, alreadyconstitute a basic legal framework for the growth
of such services;
(5a)ÙWhereas the Commission has committed itself to
submitting Green Papers followed by proposals for
joint actions on the new services;
(6)ÙWhereas the current national rules and regulations
applicable to existing services will have to be
adapted to take account of the new information
society services, either with a view to ensuring thatthe general interest is better safeguarded or, on thecontrary, with a view to simplifying them wheretheir application is disproportionate to the
objectives they pursue;(6)ÙWhereas the current national rules and regulations
applicable to existing services will have to be
adapted to take account of the new information
society services, either with a view to ensuring thatthe general interest is better safeguarded or, on thecontrary, with a view to simplifying them wheretheir application is disproportionate to the
objectives they pursue;28.2.98 C 65/13 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
(7)ÙWhereas, without coordination at Community level,
this foreseeable regulatory activity at national level
might result in restrictions to the free movement of
services and the freedom of establishment, leadingin turn to a refragmentation of the internal market,overÜregulation and regulatory inconsistencies;(7)ÙWhereas, without coordination at Community level,
this foreseeable regulatory activity at national level
might result in restrictions to the free movement of
services and the freedom of establishment, leadingin turn to a refragmentation of the internal market,overÜregulation and regulatory inconsistencies;
(8)ÙWhereas, in order to ensure real and effective
protection of the general interest objectives which
play a part in the development of the information
society, there is a need for a coordinated approachat Community level when dealing with questionsrelating to activities with such highly transnational
connotations as the new services have;(8)ÙWhereas, in order to ensure real and effective
protection of the general interest objectives which
play a part in the development of the information
society, there is a need for a coordinated approachat Community level when dealing with questionsrelating to activities with such highly transnational
connotations as the new services have;
(8a)ÙWhereas there already exists Community harmonÜ
isation for telecommunications services and that
the existing Community legislation foresees adapÜ
tations to account for technological developmentsand the supply of new services;(8a)ÙWhereas there already exists Community harmonÜ
isation for telecommunications services and that
the existing Community legislation foresees adapÜ
tations to account for technological developmentsand the supply of new services;
(9)ÙWhereas, for the other, less wellÜknown fields of
the information society, it would be premature,however, to coordinate such rules and regulations
by means of an extensive or exhaustive harmonÜ
isation at Community level of the substantive law,given, first, that neither the form the new serviceswill take nor their nature is sufficiently well known,
secondly, that there is as yet at national level no
specific regulatory activity in this field, and, thirdly,that the need for and content of such harmonÜisation in the light of the internal market cannot bedefined at this stage;(9)ÙWhereas, for the other, less wellÜknown fields of
the information society, it would be premature,however, to coordinate such rules and regulations
by means of an extensive or exhaustive harmonÜ
isation at Community level of the substantive law,given, first, that neither the form the new serviceswill take nor their nature is sufficiently well known,
secondly, that there is as yet at national level no
specific regulatory activity in this field, and, thirdly,that the need for and content of such harmonÜisation in the light of the internal market cannot bedefined at this stage;
(10)ÙWhereas it is therefore necessary to preserve the
smooth functioning of the area without internal
frontiers and to avert the risks of refragmentation
by providing for a procedure for the provision ofinformation, the holding of consultations, andadministrative cooperation in respect of the new
draft rules and regulations; whereas such a
procedure will contribute inter alia to ensure that
the Treaty, in particular Articles 52 and 59 thereof,is effectively applied, and, where appropriate, to
detect the need to safeguard the general interest at
Community level; whereas, moreover, the improvedapplication of the Treaty made possible by such aninformation procedure will have the effect of
reducing the need for Community rules to that
which is strictly necessary and proportional in thelight of the internal market and of the protection ofgeneral interest objectives; whereas, lastly, such aprocedure will enable businesses to exploit the
advantages of the internal market more effectively;(10)ÙWhereas it is therefore necessary to preserve the
smooth functioning of the area without internal
frontiers and to avert the risks of refragmentation
by providing for a procedure for the provision ofinformation, the holding of consultations, andadministrative cooperation in respect of the new
draft rules and regulations; whereas such a
procedure will contribute inter alia to ensure that
the Treaty, in particular Articles 52 and 59 thereof,is effectively applied, and, where appropriate, to
detect the need to safeguard the general interest at
Community level; whereas, moreover, the improvedapplication of the Treaty made possible by such aninformation procedure will have the effect of
reducing the need for Community rules to that
which is strictly necessary and proportional in thelight of the internal market and of the protection ofgeneral interest objectives; whereas, lastly, such aprocedure will enable businesses to exploit the
advantages of the internal market more effectively;C 65/14 28.2.98 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
(11)ÙWhereas Council Directive 83/189/EEC of 28
March 1983 laying down a procedure for the
provision of information in the field of technical
standards and regulations pursues the sameobjectives; whereas this procedure is effective, beingthe most comprehensive one for attaining these
objectives; whereas the experience that has been
gained in implementing the Directive and theprocedures provided for therein can be applied todraft rules on information society services; whereas
the procedure it lays down is now well established
among national authorities;(11)ÙCouncil Directive 83/189/EEC of 28 March 1983
laying down a procedure for the provision of
information in the field of technical standards and
regulations pursues the same objectives; whereasthis procedure is effective, being the most compreÜhensive one for attaining these objectives; whereas
the experience that has been gained in
implementing the Directive and the proceduresprovided for therein can be applied to draft rules oninformation society services; whereas the procedure
it lays down is now well established among national
authorities;
(12)ÙWhereas, moreover, in accordance with Article 7a
of the Treaty, the internal market comprises an
area without internal frontiers in which the freemovement of goods, persons, services and capital isensured; whereas Directive 83/189/EEC provides
only for an administrative cooperation procedure
and not for any harmonisation of substantive rules;(12)ÙWhereas, moreover, in accordance with Article 7a
of the Treaty, the internal market comprises an
area without internal frontiers in which the freemovement of goods, persons, services and capital isensured; whereas Directive 83/189/EEC provides
only for an administrative cooperation procedure
and not for any harmonisation of substantive rules;
(13)ÙWhereas, therefore, amendment of Directive
83/189/EEC with a view to applying it to draft
rules and regulations on information society
services is the approach best suited to meetingeffectively the need for transparency in the internalmarket as far as the legal framework for
information society services is concerned;(13)ÙWhereas, therefore, amendment of Directive
83/189/EEC with a view to applying it to draft
rules and regulations on information society
services is the approach best suited to meetingeffectively the need for transparency in the internalmarket as far as the legal framework for
information society services is concerned;
(14)ÙWhereas, in view of the diversity of information
society services and their future growth, notifiÜ
cation should be provided for only in the case of
rules which are likely to evolve in future; whereasthe services which are likely to necessitate andgenerate the largest number of new rules and reguÜ
lations are those which are provided at a distance,
electronically, and on the individual request of aservice receiver; whereas provision mustaccordingly be made for the notification of draft
rules and regulations relating to such services;(14)ÙWhereas, in view of the diversity of information
society services and their future growth, notifiÜ
cation should be provided for only in the case of
rules which are likely to evolve in future; whereasthe services which are likely to necessitate andgenerate the largest number of new rules and reguÜ
lations are those which are provided at a distance,
electronically, and on the individual request of aservice receiver; whereas provision mustaccordingly be made for the notification of draft
rules and regulations relating to such services;
(15)ÙWhereas specific rules on the takingÜup and pursuit
of service activities which are capable of being
carried on the manner described above should thus
be communicated even where they are included in aset of rules and regulations with a more generalpurpose; whereas, however, general rules which donot contain any specific provision concerning such
services should not be notified;(15)ÙWhereas specific rules on the takingÜup and pursuit
of service activities which are capable of being
carried on the manner described above should thus
be communicated even where they are included in aset of rules and regulations with a more generalpurpose; whereas, however, general rules which donot contain any specific provision concerning such
services should not be notified;28.2.98 C 65/15 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
(16)ÙWhereas "rules on the takingÜup and pursuit of
service activities’ means rules laying down any form
of requirement, such as those relating to service
providers, services and service receivers and to aneconomic activity capable of being provided elecÜtronically, is a distance and on the individual
request of the service receiver; whereas, for
example, rules on the establishment of serviceproviders, in particular those on authorisation orlicensing arrangements, are thus covered; whereas
shall be considered as auch a rule a provision
specifically aimed at information society serviceseven if part of more general regulation;(16)ÙWhereas "rules on the takingÜup and pursuit of
service activities’ means rules laying down any form
of requirement, such as those relating to service
providers, services and service receivers and to aneconomic activity capable of being provided elecÜtronically, is a distance and on the individual
request of the service receiver; whereas, for
example, rules on the establishment of serviceproviders, in particular those on authorisation orlicensing arrangements, are thus covered; whereas
shall be considered as auch a rule a provision
specifically aimed at information society serviceseven if part of more general regulation;
(17)ÙWhereas this Directive is without prejudice to the
scope of Council Directive 89/552/EC on thecoordination of certain provisions laid down by
law, regulation or administrative action in Member
States concerning the pursuit of television broadÜcasting activities such as modified by Directive96/.Ø.Ø./EC of the European Parliament and the
Council or any future modification of that
Directive;(17)ÙWhereas this Directive is without prejudice to the
scope of Council Directive 89/552/EC on thecoordination of certain provisions laid down by
law, regulation or administrative action in Member
States concerning the pursuit of television broadÜcasting activities such as modified by Directive96/36/EC of the European Parliament and the
Council or any future modification of that
Directive;
(17a)ÙWhereas the Commission has undertaken to
submit a Green Paper on the development of thecultural aspects of the new services; whereas thisinitiative could, if applicable, be followed by a
proposal for appropriate measures;
(17b) Whereas, therefore, this Directive is also without
prejudice to the scope of cultural aspects of any
future Community policy;
(17c) Whereas developments in the market for new
information society services should be regularlyexamined at Community level, especially from theviewpoint of the convergence between telecomÜ
munications, information technology and the
media, with a view, where appropriate, to legisÜlative, initiatives being taken to encourage thedevelopment of the new services at European
level;
(18)ÙWhereas this Directive is without prejudice to the
negotiations concerning and the content of theproposal for a European Parliament and Councildirective on a common framework for generalauthorisations and individual licences for telecomÜ
munications services;(18)ÙWhereas this Directive is without prejudice to the
content of European Parliament and Councildirective 97/13/EC on a common framework forgeneral authorisations and individual licences fortelecommunications services;C 65/16 28.2.98 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
(19)ÙWhereas, at all events, this Directive does not cover
the drafts of national provisions aimed at
implementing the content of Community directives
in force or awaiting adoption inasmuch as theyalready form the subject matter of a specific examÜination; whereas it accordingly does not cover
either national rules and regulations implementing
Council Directive 89/522/EC on the coordinationof certain provisions laid down by law, regulationor administrative action in Member States
concerning the pursuit of television broadcasting
activities, as amended by European Parliament andCouncil Directive 96/.Ø.Ø./EC or any futureamendments of that Directive or national rules and
regulations implementing the future Directive on a
common framework for general authorisations andindividual licences for telecommunications services;(19)ÙWhereas, at all events, this Directive does not cover
the drafts of national provisions aimed at
implementing the content of Community directives
in force or awaiting adoption inasmuch as theyalready form the subject matter of a specific examÜination; whereas it accordingly does not cover
either national rules and regulations implementing
Council Directive 89/522/EC on the coordinationof certain provisions laid down by law, regulationor administrative action in Member States
concerning the pursuit of television broadcasting
activities, as amended by European Parliament andCouncil Directive 97/36/EC or any futureamendments of that Directive or national rules and
regulations implementing Directive 97/13/EC on a
common framework for general authorisations andindividual licences for telecommunications services;
(20)ÙWhereas definition of the framework for the
provision of information and the holding of consulÜ
tations at Community level as established by this
Directive is a precondition for a coordinated andeffective participation by the European Communityin work involving matters relating to the regulatory
aspects of information society services in the interÜ
national context;(20)ÙWhereas definition of the framework for the
provision of information and the holding of consulÜ
tations at Community level as established by this
Directive is a precondition for a coordinated andeffective participation by the European Communityin work involving matters relating to the regulatory
aspects of information society services in the interÜ
national context;
(21)ÙWhereas this Directive seeks to amend Directive
83/189/EEC, which for its part (with the exceptionof Article 43) is based on Articles 100a and 213 of
the Treaty; whereas there should be a degree of
consistency in the legal basis used for the sameDirective;(21)ÙWhereas this Directive seeks to amend Directive
83/189/EEC and should therefore be based onArticles 100a and 213 of the Treaty;
HAVE DECIDED AS FOLLOWS: HAVE DECIDED AS FOLLOWS:
Article 1
Directive 83/189/EEC is amended as follows:Article 1
Directive 83/189/EEC is amended as follows:
1.ÙThe title of the Directive is replaced by the following: 1.ÙThe title of the Directive is replaced by the following:
"European Parliament and Council Directive laying
down a procedure for the provision of information in
the field of technical standards and regulations and ofrules on information society services.’"European Parliament and Council Directive laying
down a procedure for the provision of information in
the field of technical standards and regulations and ofrules on information society services.’.
2.ÙArticle 1 is amended as follows: 2.ÙArticle 1 is amended as follows:
(a)Ùa new point is added after point 1: (a)Ùa new point is added after point 1:
"2.Ù""service’’: any service provided at a distance,
by electronic means and on the individual
request of a service receiver;’."2.Ù""service’’: any service provided at a distance,
by electronic means and on the individual
request of a service receiver;’.28.2.98 C 65/17 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
(b) points 2 and 3 become points 3 and 4 respectively; (b) points 2 and 3 become points 3 and 4 respectively;
(c) a new point 5 is added: (c) a new point 5 is added:
"5.Ù""rule on services’’: a requirement relating to
the takingÜup and pursuit of service activitieswithin the meaning of point 2 of this Article,and in particular provisions concerning the
service provider, the services and the service
receiver, to the exclusion of any rules that arenot specifically aimed at the services definedwithin this same point;’"5.Ù""rule on services’’: a requirement relating to
the takingÜup and pursuit of service activitieswithin the meaning of point 2 of this Article,and in particular provisions concerning the
service provider, the services and the service
receiver, to the exclusion of any rules that arenot specifically aimed at the services definedwithin this same point;’.
(d) points 4 to 10 become points 6 to 12; (d) points 4 to 10 become points 6 to 12;
(e) the first paragraph of point 9 (new point 11) is
replaced by the following:(e) the first paragraph of point 9 (new point 11) is
replaced by the following:
"Ø""technical regulation’’: technical specifications
and other requirements or a rule on services,including the relevant administrative provisions,the observance of which is compulsory, de jure or
de facto , in the case of marketing, provision,
establishment of a service operator or use in aMember State or a major part thereof, as well aslaws, regulations or administrative provisions of
Member States, except those provided for in
Article 10, prohibiting the manufacture,importation, marketing or use of a product orprohibiting the provision or use of a service or
establishment as a service provider."Ø""technical regulation’’: technical specifications
and other requirements or a rule on services,including the relevant administrative provisions,the observance of which is compulsory, de jure or
de facto , in the case of marketing, provision,
establishment of a service operator or use in aMember State or a major part thereof, as well aslaws, regulations or administrative provisions of
Member States, except those provided for in
Article 10, prohibiting the manufacture,importation, marketing or use of a product orprohibiting the provision or use of a service or
establishment as a service provider.
De facto technical regulations include: De facto technical regulations include:
-Ùlaws, regulations or administrative provisions
of a Member State which refer either to
technical specifications or other requirementsor rules on services, or to professional codesor codes of practice which in turn refer to
technical specifications or other requirements
or rules on services and compliance withwhich confers a presumption of conformitywith the obligations imposed by the aforemenÜtioned laws, regulations or administrative
provisions,-Ùlaws, regulations or administrative provisions
of a Member State which refer either to
technical specifications or other requirementsor rules on services, or to professional codesor codes of practice which in turn refer to
technical specifications or other requirements
or rules on services and compliance withwhich confers a presumption of conformitywith the obligations imposed by the aforemenÜtioned laws, regulations or administrative
provisions,C 65/18 28.2.98 Official Journal of the European Communities
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INITIAL PROPOSAL AMENDED PROPOSAL
-Ùvoluntary agreements to which a public
authority is a contracting party and which
provides, in the general interest, for
compliance with technical specifications orother requirements or rules on services,excluding public procurement tender specifiÜ
cations,-Ùvoluntary agreements to which a public
authority is a contracting party and which
provides, in the general interest, for
compliance with technical specifications orother requirements or rules on services,excluding public procurement tender specifiÜ
cations,
-Ùtechnical specifications or other requirements
which are linked to fiscal or financialmeasures affecting the consumption of
products or services by encouraging
compliance with such technical specificationsor other requirements or rules on services;technical specifications or other requirementsor rules on services linked to national socialÜ
security systems are not included;’-Ùtechnical specifications or other requirements
which are linked to fiscal or financialmeasures affecting the consumption of
products or services by encouraging
compliance with such technical specificationsor other requirements or rules on services;technical specifications or other requirementsor rules on services linked to national socialÜ
security systems are not included;’
(f) point 10 (new point 12) is replaced by the
following:(f) point 10 (new point 12) is replaced by the
following:
"12.Ù""draft technical regulation’’: the text of a
technical specification or other requirement
or of a rule on services, including adminisÜ
trative provisions formulated with the aim ofenacting it or of ultimately having it enactedas a technical regulation, the text being at a
stage of preparation at which substantial
amendments can still be made.’"12.Ù""draft technical regulation’’: the text of a
technical specification or other requirement
or of a rule on services, including adminisÜ
trative provisions formulated with the aim ofenacting it or of ultimately having it enactedas a technical regulation, the text being at a
stage of preparation at which substantial
amendments can still be made.’
2aÙThe following new subparagraph is added to Article
6(7):
"In particular, with regard to rules concerning
services, the Committee and national administrations
may consult experts from industry and academia,who will be asked, where appropriate, to formulateadvice or guidelines for the Standing Committee.’
3.ÙThe last subparagraph of Article 8(1) is replaced by
the following:3.ÙThe last subparagraph of Article 8(1) is replaced by
the following:
"With respect to the technical specifications or other
requirements or rules on services referred to in thethird indent of the second paragraph of point 11 of
Article 1, the detailed comments or opinions of the
Commission or the Member States may concern onlythe aspect which may hinder trade or the freemovement of services and not the fiscal or financialaspect of the measure.’"With respect to the technical specifications or other
requirements or rules on services referred to in thethird indent of the second paragraph of point 11 of
Article 1, the detailed comments or opinions of the
Commission or the Member States may concern onlythe aspect which may hinder trade, the free movementof services or the freedom of establishment of aservice operator and not the fiscal or financial aspect
of the measure.’28.2.98 C 65/19 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
4.ÙArticle 9 is modified as follows: 4.ÙArticle 9 is modified as follows:
(a)Ùthe first paragraph of point 2 is replaced by the
following:(a)Ùthe first paragraph of point 2 is replaced by the
following:
"Member States shall postpone: "Member States shall postpone:
-Ùfor four months the adoption of a draft
technical regulation in the form of a voluntaryagreement within the meaning of the secondindent of the second paragraph of point 11 of
Article 1,-Ùfor four months the adoption of a draft
technical regulation in the form of a voluntaryagreement within the meaning of the secondindent of the second paragraph of point 11 of
Article 1,
-Ùwithout prejudice to paragraphs 3, 4 and 5,
for six months the adoption of any other draft
technical regulation,-Ùwithout prejudice to paragraphs 3, 4 and 5,
for six months the adoption of any other draft
technical regulation,
from the date of receipt by the Commission of the
communication referred to in Article 8(1) if theCommission or another Member State delivers adetailed opinion, within three months of that
date, to the effect that the measure envisaged may
create obstacle to the free movement of goods orservices or to the freedom of establishment ofoperators within the internal market.’from the date of receipt by the Commission of the
communication referred to in Article 8(1) if theCommission or another Member State delivers adetailed opinion, within three months of that
date, to the effect that the measure envisaged may
create obstacles to the free movement of goods orservices or to the freedom of establishment ofoperators within the internal market.’
(b) point 7 is replaced with the following text: (b) point 7 is replaced with the following text:
"Paragraphs 1 to 5 shall not apply in those cases
where, for urgent reasons, occasioned by seriousand unforeseeable circumstances, relating to theprotection of public health or safety, the
protection of animals or the preservation of
plants, and for rules relating to services also forpublic order, a Member State is obliged toprepare technical regulations in a very short space
of time in order to enact and introduce them
immediately without any consultations beingpossible. The Member State shall give, in thecommunication referred to in Article 8, the
reasons which warrant the urgency of the
measures taken. The Commission shall give itsviews on the communication as soon as possible.It shall take appropriate action in cases where
improper use is made of this procedure. The
European Parliament shall be kept informed bythe Commission.’"Paragraphs 1 to 5 shall not apply in those cases
where, for urgent reasons, occasioned by seriousand unforeseeable circumstances, relating to theprotection of public health or safety, the
protection of animals or the preservation of
plants, and for rules relating to services also forpublic order, a Member State is obliged toprepare technical regulations in a very short space
of time in order to enact and introduce them
immediately without any consultations beingpossible. The Member State shall give, in thecommunication referred to in Article 8, the
reasons which warrant the urgency of the
measures taken. The Commission shall give itsviews on the communication as soon as possible.It shall take appropriate action in cases where
improper use is made of this procedure. The
European Parliament shall be kept informed bythe Commission.’
5.ÙArticle 10 is amended as follows: 5.ÙArticle 10 is amended as follows:
(a)Ùthe first and second indents of paragraph 1 are
replaced by the following:(a)Ùthe first and second indents of paragraph 1 are
replaced by the following:
"-Ùcomply with binding Community acts which
result in the adoption of technical specifiÜ
cations or rules on services;"-Ùcomply with binding Community acts which
result in the adoption of technical specifiÜ
cations or rules on services;C 65/20 28.2.98 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
-Ùfulfil the obligations arising out of interÜ
national agreements which result in the
adoption of common technical specifications
or rules on services in the Community;’-Ùfulfil the obligations arising out of interÜ
national agreements which result in the
adoption of common technical specifications
or rules on services in the Community;’
(b) the sixth indent of paragraph 1 is replaced by the
following:(b) the sixth indent of paragraph 1 is replaced by the
following:
"-Ùrestrict themselves to amending a technical
regulation within the meaning of point 11 of
Article 1 of this Directive, in accordance witha Commission request, with a view toremoving an obstacle to trade or the freemovement of services;’"-Ùrestrict themselves to amending a technical
regulation within the meaning of point 11 of
Article 1 of this Directive, in accordance witha Commission request, with a view toremoving an obstacle to trade, the freemovement of services or the freedom of
establishment for service operators;’
(c) in paragraphs 3 and 4 the reference to Article 1(9)
is replaced by: "point 11 of Article 1’;(c) in paragraphs 3 and 4 the reference to Article 1(9)
is replaced by: "point 11 of Article 1’;
(d) paragraph 4 is amended as follows: (d) paragraph 4 is amended as follows:
"4.ÙArticle 9 shall not apply to the technical specÜ
ifications or other requirements or the rules onservices referred to in the third indent of the
second paragraph of point 11 of Article 1.’"4.ÙArticle 9 shall not apply to the technical specÜ
ifications or other requirements or the rules onservices referred to in the third indent of the
second paragraph of point 11 of Article 1.’
6.ÙThe following second subparagraph is added to
Article 11:
"The Commission, in its report, should take duly into
account the social, societal and cultural aims
envisaged for any draft rule on services.’
Article 2
1.ÚÙMember States shall bring into force the regulations
and administrative provisions necessary to comply withthis Directive by 31/12/97 at the latest. They shall
forthwith inform the Commission thereof.Article 2
1.ÚÙMember States shall bring into force the regulations
and administrative provisions necessary to comply withthis Directive by 30 June 1998 at the latest. They shall
forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall
contain a reference to this Directive or shall be accomÜpanied by such reference at the time of their officialpublication.When Member States adopt these provisions, they shall
contain a reference to this Directive or shall be accomÜpanied by such reference at the time of their officialpublication.
The procedure for such reference shall be adopted by
Member States.The procedure for such reference shall be adopted by
Member States.
2.ÚÙMember States shall communicate the main
provisions of national law which they adopt in the field
covered by this Directive to the Commission.2.ÚÙMember States shall communicate the main
provisions of national law which they adopt in the field
covered by this Directive to the Commission.28.2.98 C 65/21 Official Journal of the European Communities
EN
INITIAL PROPOSAL AMENDED PROPOSAL
Article 2a
Before 1 July 2000, the Commission shall review whether
it should submit to the European Parliament and the
Council proposals for a revision of this Directive, inparticular in the light of the technological developmentof the services referred to in Article 1(2). To this end,
the Commission shall take account of any comments
communicated to it by Member States.
Article 3
This Directive is addressed to the Member States.Article 3
This Directive is addressed to the Member States.C 65/22 28.2.98 Official Journal of the European Communities EN