COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.12.1995 
COM(95) 612 final 
95/0309 (COD) 
Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
relating to telecommunications terminal equipment and satellite earth station 
equipment, including the mutual recognition of their conformity 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. In the context of a people's Europe, the Commission attaches great importance to simplifying and 
clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus 
giving him new opportunities and the chance to make use of the specific rights it gives him. 
This aim cannot be achieved so long as numerous provisions that have been amended several 
times, often quite substantially, remain scattered, so that they must be sought partly in the original 
instrument and partly in later amending ones. Considerable research work, comparing many 
different instruments, is thus needed to identify the current rules. 
For this reason a consolidation of rules that have frequently been amended is also essential if 
Community law is to be clear and transparent. 
On 1 April 1987 the Commission therefore decided to instruct its staff that all legislative measures 
should be consolidated after no more than ten amendments, stressing that this was a minimum 
requirement and that departments-should endeavour to consolidate at even shorter intervals the 
texts for which they were responsible, to ensure that the Community rules were clear and readily 
understandable. 
3. The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed 
this, stressing the importance of official codification as it offers certainty as to the law applicable to 
a given matter at a given time. It must be undertaken in full compliance with the normal Community 
legislative procedure. Given that no changes of substance may be made to the instruments affected 
by official codification, Parliament, the Council and the Commission have agreed, by an 
interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used 
for the fast-track adoption of codification instruments. 
4. The purpose of this proposal(1) of the Commission for consolidation of European Parliament and 
Council Directive relating to the telecommunications terminal equipment and satellite earth station 
equipment, including the mutual recognition of their conformity, combining the following directives 
into a single text: 
- Council Directive 91/263/EEC of 29 April 1991 concerning telecommunications terminal 
equipment, including the mutual recognition of their conformity, 
and, 
-Council Directive 93/97/EEC of 29 October 1993 supplementing Directive 91/263/EEC in 
respect of satellite earth equipment, 
is to undertake official codification of this type. The new directive will supersede the various 
directives incorporated in it;(2) their content is fully preserved, and they are brought together with 
only such formal amendments as are required by the codification exercise itself. 
5. This consolidation proposal was drawn up on the basis of a preliminary consolidation, in all the 
official languages, of Directives 91/267/EEC and 93/97/EEC and the instruments amending it, 
(1) Entered in the legislative programme for 1995. 
(2) See part A of Annex X. 
2(a) 
carried out by the Office for Official Publications of the European Communities, by means of data-
processing system referred to in the conclusions of the European Council meeting at Edinburgh. 
Although the articles have been given new numbers, the former number is printed alongside in each 
case for the reader's convenience; the correlation between the old and new numbers is shown in 
a table contained in Annex XI to the consolidated Directive. 
Proposai for a 
EUROPEAN PARLIAMENT AND 
COUNCIL DIRECTIVE 
..../.../EC 
of... 
relating to telecommunications terminal equipment and 
satellite earth station equipment, including the mutual 
recognition of their conformity, 
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
and in particular Article 100a thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the Economic and Social 
Committee?1) 
Acting in accordance with the procedure laid down in Article 189b of 
the Treaty/2) 
(1) Whereas Council Directive 91/263/EEC of 29 April 1991 on 
the approximation of the laws of the Member States 
concerning telecommunications terminal equipment, 
including the mutual recognition of their conformity/3) and 
Council Directive 93/97/EEC of 29 October 1993 
supplementing Directive 91/263/EEC in respect of satellite 
earth station equipment*4) should, for the sake of clarity and 
rationality be codified in a single text; 
(l) 
(2) 
(3) 
(4) OJ No L128,23. 5.1991, p.l. Directive as ameoded by Directive 93/68/EEC (OJ No L 220,30.8.1993, p.l). 
OJ No L 290,24. 11. 1993, p. 1. 
(2) Whereas the sector covering telecommunications terminal 
equipment and satellite earth station equipment is a vital 
part of the telecommunications industry, which is one of the 
industrial mainstays of the economy in the Community, 
(3) Whereas the Commission, in its Green Paper on the 
development of the common market for telecommunications 
services and equipment, has proposed to accelerate the 
introduction of the full mutual recognition of type approval as 
the measure vital for the development of a competitive 
Community-wide terminal market; 
(4) Whereas the Commission, in its Green Paper on a common 
approach in the field of satellite communications in the 
Community, has proposed the introduction of mutual 
recognition of type approval for satellite earth station 
equipment as one of the major preconditions for, inter alia, a 
Community-wide market for satellite earth station equipment; 
(5) Whereas the Council, in its resolution of 30 June 1988*1) on 
the development of the common market for telecommunications 
services and equipment up to 1992, has confirmed as a major 
goal in the telecommunications policy the full mutual 
recognition of type approval for terminal equipment on the 
basis of the rapid development of common European 
conformity specifications; 
(6) Whereas the Council, in its resolution of 19 December 1991*2) 
on the development of a common market for satellite 
communications services and equipment, has recognized as 
one of the major goals in satellite telecommunications policy 
the harmonization and liberalization of appropriate satellite 
earth station equipment, subject, in particular, to conditions 
necessary for compliance with essential requirements; 
(7) Whereas the Council, in its Decision 87/95/EEC.C3) has set 
out the measures to be implemented for the promotion of 
standardization in Europe and the preparation and 
implementation of standards in the field of information 
technology and telecommunications; 91/263/EEC 
(adapted) 
93/97/EEC 
91/263/EEC 
93/97/EEC 
91/263/EEC 
W OJ No C 257, 4. 10. 1988, p. 1. 
(2) OJ No C 8, 14. 1. 1992, p.l. 
<3) OJ No L 36,7. 2. 1987, p. 31. 
(8) Whereas the Council, in its resolution of 7 May 1985*1) has 
provided for a new approach to technical harmonization and 
standards; 
(9) Whereas the scope of this Directive must be based on a general 15. 
definition of the terms 'telecommunications terminal 
equipment' and 'satellite earth station equipment* so as to allow 
the technical development of products; whereas the scope 
excludes purpose-built satellite earth station equipment intended 
for use as part of the public terrestrial telecommunications 
network; whereas this is intended to exclude, inter alia, gateway 
satellite earth stations for major trunking applications within the 
context of the infrastructure, provision (such as large-diameter 
stations) and earth stations for satellite tracking and control; 
(10) Whereas this Directive does not affect current special or 16. 
exclusive rights concerning satellite communications which 
may, in accordance with Community law, be retained by the 
Member States; 93/97/EEC 
(adapted) 
(11) Whereas harmonizing conditions for the placing on the market 
of telecommunications terminal equipment will create the 
conditions for an open and unified market; whereas the same 
applies to the goal of an advanced, open Communfty^wide 
market for satellite earth station equipment .which requires 
effective and efficient harmonized procedures for certification, 
testing, marking, quality assurance and product surveillance; 
whereas the alternative to Community legislation is an 
analogous system of provisions negotiated between Member 
States, which would involve obvious difficulties because of the 
number of organisms which would be involved in multiple 
bilateral negotiations; whereas this is not practicable, rapid or 
efficient; whereas therefore the objectives of the proposed action 
cannot be sufficiently achieved by the Member States; whereas 
on the contrary the form of a Community directive has 
repeatedly shown itself in the sector of telecommunications 
among others, to be a practicable, rapid and efficient means; 
whereas the objective of the action under consideration can 
therefore be better achieved at Community level; 
(12) Whereas Community law in its present form provides -
notwithstanding one of the fundamental rules of the Community, 
namely the free movement of goods - that obstacles to 
movement within the Community, resulting from disparities in 
national legislation on the marketing of products, must be 
accepted in so far as such requirements can be recognized as 
being necessary to satisfy imperative requirements; whereas, 
therefore, the harmonization of laws in this case must be limited 
only to those requirements necessary to satisfy the essential 
requirements relating to telecommunications terminal 
equipment and satellite earth station equipment; whereas 
these requirements must replace the relevant national 
requirements because they are essential; 6. 
+ 
4. 91/263/EEC 
93/97/EEC 
10. 91/263/EEC 
(adapted) 
(1) OJ No C 136,4.6. 1985, p. 1. 
(13) Whereas the essential requirements must be satisfied in order to 
safeguard the general interest; whereas those requirements must 
be applied with discernment to take account of the state of the art 
at the time of manufacture, and economic requirements; 
(14) Whereas Council Directive 73/23/EEC of 19 February 1973 on 
the harmonization of the laws of the Member States relating to 
electrical equipment designed for use within certain voltage 
limits^1) and 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/2) are applicable 
inter alia, to the fields of telecommunications and information 
technology, 
(15) Whereas Directive 73/23/EEC in general also covers safety of 
persons; 
(16) Whereas Council Directive 89/336/EEC of 3 May 1989 on the 
approximation of the laws of the Member States relating to 
electromagnetic compatibility3) sets out harmonized procedures 
for the protection of apparatus from electromagnetic 
disturbances and defines the protection requirements and 
inspection procedures relating thereto; whereas the general 
requirements of Directive 89/336/EEC apply inter alia to the 
fields of telecommunications and information technology 
and also to satellite earth station equipment; whereas 
electromagnetic compatibility requirements are covered by this 
Directive in so far as they are specific to satellite earth station 
equipment; 11. 
7. 
8. 
+ 
13. 93/97/EEC 
93/97/EEC 
91/263/EEC 
(adapted) 
(1) OJ No L 77, 26. 3. 1973, p. 29. Directive as amended by Directive 93/68/EEC. 
(2) OJ No L 109,26.4. 1983, p. 8. Directive as last amended by Directive 94/10/EC (OJ No L 100,19.4. 1994, p. 30). 
(3) OJ No L 139, 23. 5. 1989, p. 19. Directive as last amended by Directive 93/68/EEC. 
(17) Whereas in respect of the essential requirements and in order to 
help manufacturers to prove conformity to those requirements, it 
is desirable to have standards harmonized at European level to 
safeguard the general interest in the design and manufacture of 
terminal equipment and in order to allow checks as to conformity 
to those requirements; whereas these standards, harmonized at 
European level are drawn up by private-law bodies and must 
retain their non-binding status; whereas for this purpose the 
European Committee for Standardization (CEN), the European 
Committee for Electrotechnical Standardization (Cenelec) and 
the European Telecommunications Standards Institute (ETSI), are 
the bodies recognized as competent to adopt harmonized 
standards; whereas, for the purposes of this Directive, a 
harmonized standard is a technical specification (European 
standard or harmonization document) adopted by one of those 
bodies, on the basis of a remit from the Commission in 
accordance with the provisions of Directive 83/189/EEC, and in 
accordance with the general guidelines referred to above; 
(18) Whereas in respect of the essential requirements relating to 
mterworking with public telecommunications networks and, in 
cases where it is justified, through such networks, it is in general 
not possible to comply with such requirements other than by the 
application of ad hoc technical sohitionsrwhereas such solutions 
should therefore be mandatory, 
(19) Whereas the proposals for common technical regulations are, as a 
general rule, drawn up on the basis of harmonized standards, and 
in order to ensure appropriate technical coordination on a broad 
European basis, through additional consultations, in particular 
with the Telecommunications Regulations Application 
Committee (TRAC); 
(20) Whereas satellite earth station equipment is configured, as far as 
its interface to the space-based system is concerned, either for the 
emission of radio-communications signals or for both the 
emission and reception of radio-communications signals, or for 
the reception-only of radio-communications signals; 
(21) Whereas satellite earth station equipment is, as far as the 
terrestrial interface is concerned, either intended or not intended 
for terrestrial connection to the public telecommunications 
network; 
(22) Whereas orbits (such as the geo-stationary orbit, low earth orbits 
and elliptical orbits) are paths in space described by satellites or 
other space-based systems, and are limited resources determined 
by nature; 14. 
15. 
11. 
17. 
18. 
19. 91/263/EEC 
93/97/EEC 
(adapted) 
(23) Whereas orbital resources are used in conjunction with the radio 
frequency spectrum which is also a limited resource determined 
by nature; whereas transmitting satellite earth station equipment 
makes use of both those resources; 20. 93/97/EEC 
(adapted) 
(24) 
(25) 
(26) Whereas the effective use of orbital resources in conjunction with 
the radio frequency spectrum and avoidance of harmful 
interference between space-based and terrestrial communications 
systems and other technical systems is of importance for the 
development of European satellite communications; whereas the 
International Telecommunications Union (ITU) establishes 
criteria for effective use of orbital resources as well as for radio-
coordination to enable space and terrestrial systems to co-exist 
without undue interference; 
Whereas harmonizing conditions for the placing on the market of 
satellite earth station equipment will create the conditions 21. 
permitting an effective use of orbital 
resources and the radio frequency spectrum and will facilitate 
avoidance of harmful interference between space-based and 
terrestrial communications systems and other technical systems; 
Whereas in respect of the essential requirements related to 
effective use of orbital resources and the radio frequency 
spectrum, and avoiding harmful interference with space-based 
and terrestrial communications systems and other technical 
systems, it is in general not possible to comply with such 
requirements other than by the application of special technical 
solutions; whereas common technical regulations are therefore 
necessary; 
(27) Whereas satellite earth station equipment capable of being used 
for emission or for emission and reception of radio-
communication signals may be subject to licensing, in addition to 
the provisions of this Directive; 
(28) Whereas satellite earth station equipment, capable only of being 
used for the reception of radio-communications signals, may not 
be subject to licensing but only to the provisions of 
this Directive unless they are intended for terrestrial connection 
to the public telecommunications network, as proposed in the 
Green Paper on satellite communications in the Community 
; whereas the use of such satellite earth station equipment 
must be in conformity with national regulations compatible with 
Community law, 22. (adapted) 
23. 
25. 
26. (adapted) 
(29) Whereas it is essential to ensure that notified bodies are of a high 
standard throughout the Community and meet minimum criteria 
of competence, impartiality and financial and other independence 
from clients; 
(30) Whereas the Approvals Committee for Terminal Equipment 
(ACTE) composed of representatives of the Member States 
and chaired by the representative of the Commission, should 
assist the Commission in executing the tasks entrusted to it; 
(31) Whereas representatives of the telecommunication organizations, 
users, consumers, manufacturers, service providers and the trade 
unions should have the right to be consulted; 
(32) Whereas ACTE should work in close 
cooperation with relevant committees dealing with licence 
procedures for satellite networks and services; 
(33) Whereas the Member States' responsibility for safety, health and 
the other aspects covered by the essential requirements on their 
territory must be recognized in a safeguard clause providing for 
proper Community protection procedures; 
(34) Whereas the addressees of any decision taken under this 
Directive must be informed of the reasons for such a decision and 
the remedies available to them; 
(35) Whereas transitional arrangements are required in order that the 
manufacturers have the necessary time to adapt the design and 
production of satellite earth station equipment to meet the 
common technical regulations; whereas in order to have the 
necessary flexibility the transition arrangements must be worked 
out on a case-by-case basis; whereas the common technical 
regulations shall lay down the necessary transition arrangements; 
(36) Whereas real, comparable access to third country markets, in 
particular the United States of America and Japan, for European 
manufacturers should preferably be achieved through multilateral 
negotiations within the World Trade Organization (WTO), 
although bilateral talks between the Community and third 
countries may also contribute to this process; 17. 
12. 
28. 
31. 
19. 
20. 
30. 
27. 91/263/EEC 
934/97/EEC 
(adapted) 
(adapted) 
91/263/EEC 
93/97/EEC 
(37) Whereas, this Directive should not affect the obligations on the 
part of the Member States œnœrning the deadlines for the 
transposition of the Directives set out in Annex X, Part B, 
HAVE ADOPTED THIS DIRECTIVE: 
10 
TABLE OF CONTENTS 
ARTICLE 1 SCOPE AND DEFINITIONS 12 
TITLE I TELECOMMUNICATIONS TERMINAL EQUIPMENT 13 
TITLE H SATELLITE EARTH STATION EQUIPMENT 19 
TITLE m COMMON PROVISIONS 24 
ANNEX I EC TYPE-EXAMINATION 27 
ANNEX H CONFORMITY OF TYPE 30 
ANNEX HI PRODUCTION QUALITY ASSURANCE ~ 31 
ANNEX TV FULL QUALITY ASSURANCE 34 
ANNEX V MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES 
WHEN DESIGNATING NOTIFIED BODIES IN ACCORDANCE WITH 
ARTICLE 11(1) 38 
ANNEX VI MARKING FOR THE TERMINAL EQUIPMENT REFERRED TO 
IN ARTICLE 12 (1) 40 
ANNEX Vn MARKING FOR THE EQUIPMENT REFERRED TO IN ARTICLE 12 (4) 41 
ANNEX Vm MODEL OF DECLARATION REFERRED TO IN ARTICLE 3 (1) 42 
ANNEX IX COMMUNITY INTERNAL PRODUCTION CONTROL PROCEDURE 43 
ANNEX X PART A: LIST OF REPEALED DIRECTIVES 44 
PART B: LIST OF DEADLINES FOR TRANSPOSITION 
INTO NATIONAL LAWS 45 
ANNEXXI CORRELATION TABLE 46 
11 
Article 1 
1. This Directive shall apply to terminal equipment and to satellite earth 
station equipment 
2. For the purpose of this Directive: 
public telecommunications network shall mean 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, 
terminal equipment shall mean equipment intended to be connected to the 
public telecommunications network, namely: 
(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 telecommunications 
network 
m order to emit, process or receive information. 
The system of connection may be wire, radio, optical or other 
electromagnetic system, 
technical specification shall mean 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, 
standard shall mean means a technical specification adopted by a 
recognized standards body for repeated or continuous application, 
compliance with which is not compulsory. 
satellite earth station equipment shall mean equipment which is capable of 
being used either for emission only, or for emission and reception 
(emission-receive), or for reception only (receive-only), of radio-
communication signals by means of satellites or other space-based systems, 
but excluding satellite earth station equipment intended for use as part of 
the public telecommunications network of a Member State, 
terrestrial connection to the public telecommunications network shall mean 
any connection to the public telecommunications network which does not 
include a space segment 91/263/EEC 
93/97/EEC 
Art 1(1) 
(adapted) 
91/263/EEC 
Art 1(2) 
(adapted) 
93/97/EEC 
Article 1 (2) 
(adapted) 
12 
TITLE 1 
Telecommunications terminal equipment 
Chapter I 
Placing on the market and free circulation 
Article 2 
The intended purpose of the equipment shall be declared by the manufacturer or 
supplier of the equipment However, terminal equipment within the meaning of 
Article 1 (2), second indent which makes use of a system of communication 
employing the radio frequency spectrum is presumed to be intended for connection 
to the public telecommunications network. 
Article 3 
1. Notwithstanding Article 2, equipment which is capable of being connected 
to the public telecommunications network, but is not intended for such a purpose, 
shall be accompanied by a manufacturer's or supplier's declaration, the model of 
which is to be found in Annex VHI and by the operating manual. At the time of 
placing the equipment on the market for the first time, a copy of such 
documentation shall be transmitted to the notified body referred to in Article 11 
(1) in the Member State where this first placing on the market takes place. In 
addition, such equrpmentshïùTbe subject to the provisions of Article 12 (4). 
2. The manufacturer or supplier shall be prepared to justify once, at the request 
of any notified body referred to in Article 11 (1), the intended purpose of such 
equipment on the basis of its relevant technical characteristics, its functions and 
indications of the market segment it is intended for. 
Article 4 
1. Member States shall take all appropriate measures to ensure that terminal 
equipment may be placed on the market and put into service only if it bears the 
CE marking provided for in Article 12 attesting to its conformity to the 
requirements of this Directive, including the conformity assessment procedures 
laid down in Chapter II and where it is properly installed and maintained and used 
for its intended purpose. 
2. Member States shall also take all appropriate measures to ensure that 
equipment referred to in Article 3 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), first indent 
3. Member States shall also take all appropriate measures to ensure that 
terminal equipment or equipment referred to in Article 3 is disconnected from the 
public telecommunications network if it is not used for its intended purpose. 
Member States may moreover take all appropriate measures, according to their 
national laws, to prevent connection to the public telecommunications network of 
terminal equipment that is not used in conformity with its intended purpose. 91/263/EEC 
Article 1 (3Ï 
Article 2 
Article 3 
93/68/EEC 
Article 11 (3) 
91/263/EEC 
13 
4. (a) Where the terminal equipment is subject to other Directives concerning 
other aspects and which also provide for the affixing of the CE marking, 
the latter shall indicate that the equipment is also presumed to conform 
to the provisions of those other Directives. 
(b) However, where one or more of those Directives allow the 
manufacturer, during a transitional period, to choose which 
arrangements to apply, the CE marking shall indicate conformity to the 
provisions only of those Directives applied by the manufacturer. In such 
a case, particulars of the Directives applied, as published in the Official 
Journal of the European Communities, must be given in the documents, 
. notices or instructions required by the Directives and accompanying the 
terminal equipment 
Article 5 
Terminal equipment shall satisfy the following essential requirements: 
(a) user safety, in so far as this requirement is not covered by Directive 
73/23/EEC; 
(b) safety of employees of public telecommumcations networks operators, in so 
far as this requirement is not covered by Directive 73/23/EEC; 
(c) electromagnetic compatibility requirements in so far as they are specific to 
terminal equipment; 
(d) protection of the public telecommunications network from harm; 
(e) effective use of the radio frequency spectrum, where appropriate; 
(f) interworking of terminal equipment with pubhc telecommumcations 
network equipment for the purpose of establishing, modifying, charging for, 
holding and clearing real or virtual connection; 
(g) interworking of terminal equipment via the public telecommunications 
network, in justified cases. 
The cases where terminal equipment supports: 
(i) reserved service according to Community law, or 
(ii) a service which the Council has decided that there should be 
Community-wide availability, 
are considered as justified cases and the requirements concerning this 
interworking are determined in accordance with the procedure provided for 
in Article 29. 93/68/EEC 
Article 11 (4) 
91/263/EEC Article 4 
14 
In addition, after consultation of representatives of the bodies referred to in 
Article 28 (3) and taking due account of the result of these consultations, the 
Commission may propose that this essential requirement be recognized as being 
justified for other terminal equipment in accordance with the procedure provided 
for in Article 29. 
Article 6 
Member States shall not impede the placing on the market and the free circulation 
and use on their territory of terminal equipment which complies with the 
provisions of this Directive. 
Article 7 
1. Member States shall presume compliance with the essential requirements 
referred to in Article 5 (a) and (b) in respect of terminal equipment which is in 
conformity with the national standards implementing the relevant harmonized 
standards, the references of which have been published in the Official Journal of 
the European Communities. Member States shall publish the references of such 
national standards. 
2. The Commission shall, in accordance with the procedure laid down in 
Article 29, adopt-
as a first step, the measure identifying the type of terminal equipment for 
which a common technical regulation is required, as well as the associated 
scope statement for that regulation, with a view to its transmission to the 
relevant standardization bodies, 
as a second step, once they have been prepared by the relevant 
standardization bodies, the corresponding harmonized standards, or parts 
thereof, implementing the essential requirements referred to in Article 5 (c) 
to (g) which shall be transformed into common technical regulations, 
compliance with which shall be mandatory and the reference of which shall 
be published in the Official Journal of the European Communities. 
Article 8 
Where a Member State or the Commission considers that the harmonized 
standards referred to in Article 7 exceed or do not entirely meet the essential 
requirements referred to in Article 5, the Commission or the Member State 
concerned shall bring the matter before the Committee referred to in Article 28, 
hereinafter referred to as the Committee,, giving the reasons therefor. The 
Committee shall deliver an opinion as soon as possible. 
In the tight 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 reference 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. 91/263/EEC 
Article 5 
Article 6 
Article 7 
15 
Article 9 
1. Where a Member State finds that terminal equipment bearing the markings 
under the provision 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 
The Member State concerned shall immediately inform the Commission of any 
such measure indicating the reasons for its decision, and in particular whether 
non-compliance is due to: 
(a) incorrect application of the harmonized standards or common technical 
regulations referred to in Article 7; 
(b) shortcomings in the harmonized standards or common technical regulations 
referred to in Article 7 themselves. 
2. The Commission shall enter into consultation with the parties concerned as 
soon as possible. Where, after such consultation, the Commission finds that any 
measure as referred to in paragraph 1 is justified it shall immediately so inform 
the Member State that took the action and the other Member States. Where the 
detisica^efêrredto in paragraph 1 is attributed to shortcomings in the harmonized-
standards or common technical regulations, the Commission, after consulting the 
parties concerned, shall bring the matter before the Committee Avithin two months 
if the Member State which has taken the measure intends to maintain them, and 
shall initiate the procedure referred to in Article 8. 
3. Where terminal equipment which does not comply with the relevant 
essential requirements bears the CE marking the competent Member State shall 
take appropriate action against whomsoever has affixed the marking and shall 
inform the Commission and the other Member States thereof. 
4. The Commission shall keep the Member State informed of the progress and 
outcome of the procedure. 
Chapter II 
Conformity assessment 
Article 10 
1. According to the choice of the manufacturer or his authorised representative 
established within the Commumty, terminal equipment shall be subject to either 
the EC type-examination, as described in Annex I, or to the EC declaration of 
conformity, as described in Annex IV. 
2. An EC type-examination as described in Annex I shall be accompamed by a 
declaration issued according to the EC declaration of conformity to type procedure 
as described in Annex II or Annex HL 91/263/EEC Article 8 
93/68/EEC 
Article 11(1) 
(adapted) 
Article 9 
16 
3. The records and correspondence relating to the procedure referred to in this 
Article shall be in an official language of the Member State where the said 
procedure will be carried out or in a language acceptable to the notified body 
involved. 
Article 11 91/263/EEC 
Article 10 
1. Member States shall notify the Commission and the other Member States of 
the bodies established within the Community which they have designated for 
carrying out the certification, product checks and associated surveillance tasks 
pertaining to the procedures referred to in Article 10, together with the 
identification numbers assigned to them beforehand by the Commission. 
Member States shall apply the minimum criteria set out in Annex V for the 
designation of such bodies. Bodies that satisfy the criteria fixed by the relevant 
harmonized standards shall be presumed to satisfy the criteria set out in Annex V. 
2. Member States shall inform the Commission of test laboratories established 
in the Community which they have designated for carrying out tests pertaining to 
the procedures referred to in Article 10. Notified bodies shall apply the criteria 
fixed by the appropriate parts of the relevant harmonized standards for the 
designation of such laboratories. 93/68/EEC 
Article 11 (5) 
91/263/EEC 
3. The Commission shall publish in the Official Journal of the European 
Communities a list of notified bodies together with their identification numbers 
and a list of test laboratories, together with the tasks for which they have been 
designated, and shall ensure that those lists are kept up to date. 
4. A Member State having designated a notified body or a test laboratory under 
paragraph 1 or 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 
referred to in Article 28, 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. 93/68/EEC 
Article 11 (6) 
91/263/EEC 
17 
5. In order to facilitate the determination of conformity of terminal equipment 
with technical regulations and standards, the notified bodies shall recognize 
documentation issued by third country relevant bodies, when agreements between 
the Community and the third country concerned have been concluded on the basis 
of a mutually satisfactory understanding. 
6. The notified bodies shall, when issuing an EC type-examination certificate 
as referred to in Annex I, followed by the appropriate document referred to in 
Annex II or DT, or a decision on quality assurance assessment as referred to in 
Annex IV, issue at the same time an admimstrative approval for the connection of 
the concerned terminal equipment to the public telecommunications network. 
Chapter HI 
CE marking of conformity and inscriptions 
Article 12 91/263/EEC 
93/68/EEC 
Article 11 
1. The marking of terminal equipment complying with this Directive shall 
consist of the CE marking consisting of the initials CE, followed by the 
identification number of the notified body involved in the production control stage 
and a symbol indicating that the equipment is intended and is suitable to be 
connected to the public telecommunications network. The form of CE marking to 
be used, together with the other information, is shown in Annex VI. 
2. The affixing of markings on the equipment which are likely to deceive third 
parties as to the meaning and form of the CE marking specified in Annexes VI 
and Vil shall be prohibited. Any other marking may be affixed to the equipment 
provided that the visibility and legibility of the CE marking is not thereby 
reduced. 93/68/EEC 
Article 11 (7) and (8) 
3. Terminal equipment shall be identified by the manufacturer by means of 
type, batch and/or serial numbers and by the name of the manufacturer and/or 
supplier responsible for placing it on the market 
4. Equipment manufacturers or suppliers who place on the market equipment 
as referred to in Article 3 shall affix the symbol specified in Annex VII in such a 
way that it follows the initials CE as shown in Annex VI and visually forms an 
integral part of the total marking. 
Article 13 91/263/EEC 
93/68/EEC 
Article 11 (2) 
Article 12 
Without prejudice to Article 9: 
(a) where a Member State establishes that the CE marking has been affixed 
improperly, the manufacturer or his authorized representative established 
within the Community shall be obliged to make the equipment conform as 
regards the provisions concerning the CE marking and to end the 
infringement under the conditions imposed by the Member State. 
(b) where non-conformity continues, the Member State must take all 
appropriate measures to restrict or prohibit the placing on the market of the 
equipment in question or to ensure that it is withdrawn from the market in 
accordance with the procedures laid down in Article 9. 93/68/EEC 
Article 11 (9) 
18 
TITLE H 
Satellite earth station equipment 
Chapter I 
Placing on the market and free circulation 
Article 14 
The manufacturer or supplier of satellite earth station equipment shall declare 
whether the equipment is intended or not intended for terrestrial connection to the 
public telecommunications network. 
Article 15 
1. Member States shall take all appropriate measures to ensure that receive-
only satellite earth station equipment not intended for terrestrial connection to the 
pubhc telecommumcations network may be placed on the market and put into 
service and used on their territory, in conformity with national law compatible 
with Community law, provided that it complies with the requirements of this 
Directive when it is properly installed and maintained and used for its intended 
purposes. 
Such use must be in conformity with any national law, compatible with 
Community law, which restricts the use to the reception of services intended for 
that user. 
2. Member States shall take all appropriate measures to ensure that other 
satellite earth station equipment may be placed on the market only if it complies 
with the requirements of this Directive when it is properly installed and 
maintained and used for its intended purposes. The use of such equipment may be 
subject to licensing in conformity with Community law. 93/97/EEC 
Article 1 (3^ 
Article 2 
19 
3. Member States shall also take all appropriate measures to ensure that 
satellite earth station equipment which is not intended for terrestrial connection to 
the public telecommunications network is not permitted to be connected to the 
pubhc telecommunications network. 
4. Member States shall also take all appropriate measures to ensure that 
satellite earth station equipment which is not intended for terrestrial connection to 
the pubhc telecommunications network is disconnected from the pubhc 
telecommunications network. 
Member States shall moreover take all appropriate measures, according to their 
national laws, to prevent terrestrial connection to the pubhc telecommumcations 
network of such equipment 
Article 16 
Member States shall not impede the free circulation and the placing on the market 
of satellite earth station equipment conforming to the provisions of this Directive. 
Article 17 
1. Satellite earth station equipment shall satisfy the same essential 
requirements as those set out in Article 5. 
2. For the purpose of this Directive, the essential requirements of Article 5 (a) 
shall imply the safety of persons in the same way as in Directive 73/23/EEC. 
3. In the context of emission or emission-receive satellite earth station 
equipment, the essential requirement set out in Article 5 (e) concerning effective 
use of the radio frequency spectrum shall include the effective use of orbital 
resources and the avoidance of harmful interference betw .pacc-Htsed and 
terrestrial communications systems and other technical systems. 
4. In the context of satellite earth station equipment, electromagnetic 
compatibility requirements in so far as they are specific to satellite earth station 
equipment shall be subject to the essential requirement set out in Article 5 (c). 
5. Satellite earth station equipment shall satisfy the essential requirement set 
out in Article 5 (f), regarding the interworking of satellite earth station equipment 
with the pubhc telecommunications network. 93/97/EEC 
Article 3 
Article 4 
(adapted) 
20 
6. Satellite earth station equipment shall satisfy the essential requirement set 
out in Article 5 (g) regarding the interworking of satellite earth station equipment 
via the pubhc telecommunications network in justified cases. 
Cases where satellite earth station equipment is capable of supporting and 
intended to support a service for which the Council has decided that there should 
be Community-wide availability are considered as justified cases and the 
requirements concerning this interworking shall be determined in accordance with 
the procedure laid down in Article 29. 
7. Notwithstanding paragraphs 1, 5 and 6, satellite earth station equipment 
which is not intended for connection to the public telecommumcations network 
shall not be required to satisfy the essential requirements set out in Article 5 (b), 
(d),(f)and(g). 93/97/EEC 
Article 18 Article 5 
1. Member States shall presume compliance with the essential requirements 
referred to in Article 5 (a) and (b) in respect of satellite earth station equipment 
which is in conformity with the national standards implementing the relevant 
harmonized standards, the references of which have been published in the Official 
Journal of the European Communities. Member States shall publish the 
references of such national-standards. 
2. The Commission shall, in accordance with the procedure laid down in 
Article 29, adopt 
as a first step, the measures identifying the type of satellite earth station 
equipment for which a common technical regulation is required, as well as 
the associated scope statement for that regulation, with a view to its 
transmission to the relevant standardization bodies, 
as a second step, once they have been prepared by the relevant 
standardization bodies, the corresponding harmonized standards, or parts 
thereof, implementing the essential requirements referred to in Article 17 
(3) to (6), which shall be transformed into common technical regulations, 
compliance with which shall be mandatory and the reference of which shall 
be published in the Official Journal of the European Communities. 
Article 19 Article 6 
Where a Member State or the Commission considers that the harmonized 
standards referred to in Article 18 exceed or do not entirely meet the relevant 
essential requirements referred to in Article 17, the same enquiry and notification 
procedures shall apply as those set out in Article 8. 
21 
Article 20 
1. Where a Member State finds that satelhte earth station equipment bearing 
the marking under the provisions laid down in Chapter HI does not comply with 
the relevant essential requirements when properly used in accordance with the 
purpose intended by the manufacturer, the same measures, information and 
consultation procedures shall apply as those set out in Article 9(1), (2) and (4). 
2. Where satelhte earth station equipment which does not comply with the 
relevant essential requirements bears the CE marking, the competent Member 
State shall take appropriate action against whomsoever has affixed the marking. 
The same notification procedures shall apply as those set out in Article 9 (3) and 
(4). 
Chapter H 
Conformity assessment 
Article 21 
1. All emission or emission-receive satelhte earth station equipment shall, 
according to the choice of the manufacturer or his authorized representative 
established within the Community, be subject to all the provisions~of Article 10 
( 1 ) and (2) concerning conformity assessment 
2. The same procedures regarding language requirements shall apply as those 
set out in Article 10 (3). 
Article 22 
Receive-only satelhte earth station equipment which is intended for terrestrial 
connection to the pubhc telecommunications network shall, as far as its terrestrial 
interface is concerned, be subject to the provisions of Article 21 (1) concerning 
conformity assessment while, as far as other elements are concerned, they shall be 
subject either to the provisions of Article 21 (1) or to the Community internal 
production control procedure set out in Annex DC. 
Article 23 
Receive-only satelhte earth station equipment which is not intended for terrestrial 
connection to the pubhc telecommunications network shall be subject either to the 
provisions of Article 21 (1) or to the Community internal production control 
procedure set out in Annex DC. 93/97/EEC Article 7 
Article 8 
(adapted) 
Article 9 
Article 10 
22 
Article 24 93/97/EEC Article 11 
In addition to the provisions of Articles 21, 22 and 23, satelhte earth station 
equipment which is not intended for connection to the pubhc telecommunications 
network shall be accompanied by a manufacturer's or supplier's declaration made 
and transmitted in accordance with the same procedures as those set out in 
Article 3 and Annex VHL 
Article 25 Article 12 
hi relation to satelhte earth station equipment, the same procedures for notified 
bodies and test laboratories shall apply as those set out in Article 11 and Annex 
V. 
Chapter HI 
CE marking of conformity and inscriptions 
Article 26 
1. The marking of sateUite earth station equipment by sateUite complying with 
this Directive shaU consist of the CE marking consisting of the symbol CE, 
foUowed by the identification number of the notified body responsible and, 
where relevant, by a symbol indicating that the equipment is intended and is 
suitable to be connected through a terrestrial connection to the pubhc 
telecommunications network. The CE symbol, and the identification number 
symbol shall be the same as those-shown-in Annex VL 
2. The affixing of marks which are likely to be confused with the CE marking 
referred to in paragraph 1 above shah be prohibited. 
3. SateUite earth station equipment shaU be identified by the manufacturer by 
means of type, batch and/or serial numbers and by the name of the manufacturer 
and/or supplier responsible for placing it on the market 
4. Notwithstanding paragraph 1, the marking of receive-only sateUite earth 
station equipment which is not intended for terrestrial connection to the pubhc 
telecommunications network and which has been subject to the Community 
internal production control procedure set out in Annex DC 
shah consist of the CE marking, consisting of the 
symbol CE. Article 13 
Article 27 Article 14 
Where it is established that the marking referred to in Article 26 (1) of this 
Directive has been affixed to sateUite earth station equipment which: 
does not conform to an approved type, or 
conforms to an approved type which does not meet the essential 
requirements applicable to it, or 
where the manufacturer has failed to fulfil his obligations under the relevant 
Community declaration of conformity, the same procedures shaU apply as those 
set out in Article 13. 
23 
TITLE m 
COMMON PROVISIONS 
Chapter I 
Committee 
Article 28 
1. The Commission shah be assisted by a Committee of an advisory nature 
composed of the representatives of the Member States and chaired by the 
representative of the Commission. The Committee shaU be caUed the Approvals 
Committee for Terminal Equipment (ACTE). 
2. The representative of the Commission shah submit to the Committee a draft 
of the measure to be taken. The Committee shaU 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 by taking a vote. 
The opinion shah be recorded in the minutes; in addition, each Member State 
shaU have the right to ask to have its position recorded in the minutes. 
The Commission shaU take the utmost account of the opinion delivered by the 
Committee. It shah inform the Committee of the manner in which its opinion has 
beenrtaken intoaccouut 
3. The Commission shah periodicaUy consult the representative of the 
telecommunications organizations, the users, the consumers, the manufacturers, 
the service providers and trade unions and shaU inform the Committee on the 
outcome of such consultations, with a view to taking due account of the outcome. 
Article 29 
1. Notwithstanding Article 28 (1) and (2), the foUowing procedure shaU apply 
for matters covered by Articles 5 (g), 7 (2), 17 (6) and 18 (2). 
2. The representative of the Commission shaU submit to the Committee 
referred to in Article 28 a draft of the measures to be taken as referred to in 
Articles 5 (g), 7 (2), 17 (6) and 18 (2). The Committee shah 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 be delivered by the majority laid down in 
Article 148 (2) of the Treaty in the case of decisions which the Countil is required 
to adopt on a proposal from the Commission. The votes of the representatives of 
the Member States within the Committee shah be weighted in the manner set out 
in that Article. The chairman shall not vote. 
The Commission shah 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 measure to be taken. The Council 
shaU act by qualified majority. 
I£ within three months from the date of referral to it, the CouncU has not acted, 
the proposed measure shall be adopted by the Commission. 91/263/EEC 
Article 13 
93/97/EEC 
Article 14 
24 
Chapter II 
Final and transitional provisions 
Article 30 
1. The Commission shaU draw up every second year a report on the 
implementation of this Directive, including progress on drawing up the relevant 
harmonized standards and on transforming them into technical regulations, as weU 
as any problems that have arisen in the course of implementation. The report will 
also outline the activities of the Committee, and assess progress in achieving an 
open competitive market for terminal equipment at Community level consistent 
with the essential requirements referred to in Article S. 
2. The Commission shall, when submitting those draft measures referred to in 
Article 18 (2) dealing with common technical regulations, ensure that transition 
arrangements, where appropriate, form part of the draft measures. 
Article 31 
Article 10 (5) of Directive 89/336/EEC shaU not apply to equipment falling within 
the scope of this Directive. 
Article 32 
1. Any type approval granted by Member States in accordance with Council 
Directive 86/361/EECK1^ may remain valid under the legislation of the Member 
States within the criteria of validity appropriate to the original approval. 
2. Measures adopted under Directive 86/361/EEC shaU be submitted to the 
COmmittee under the procedure of Article 29 for possible transposition into 
common technical regulations. 
Article 33 
Member States shaU inform the Commission of the main provisions of domestic 
law which they adopt in the field governed by this Directive. 91/263/EEC 
93/97/EEC Article 15 
Article 17 m 
93/97/EEC 
Article 17 (2) 
91/263/EEC Article 8 (3) 
Article 16 
91/263/EEC 
93/97/EEC Article 17 (2) 
Article 18 (2) 
(1) OJ No L 217,5.8. 1986, p. 21; Directive repealed by Directive 91/263/EEC. 
25 
Article 34 
1. The Directives listed in Annex X, Part A, are hereby repealed without prejudice 
to the obhgations of the Member States concerning the deadlines for transposition 
of the said Directives set out in Annex X, Part B. 
2. References to the repealed Directives shaU be construed as references to this 
Directive and should be read in accordance with the correlation table in Annex XL 
Article 35 
This Directive shaU enter into force the twentieth day foUowing that of its 
publication in the Official Journal of the European Communities. 
Article 36 
This Directive is addressed to the Member States. 
Done at 
For the Parliament For the Council 
The President The President 
26 
ANNEX I 
EC TYPE-EXAMINATION 
1. EC type-examination is that part of the procedure whereby a notified body 
ascertains and attests that a specimen, representative of the production 
envisaged, meets the provisions of the Directive that apply to it. 
2. The apphcation for the EC type-examination shah be lodged by the 
manufacturer or his authorized representative established vvithin the 
Community with a notified body of his choice. 
The apphcation shaU include: 
- the name and address of the manufacturer and, if the apphcation is 
lodged by the authorized representative, his name and address in 
addition, 
- a written declaration that the same apphcation has not been lodged with 
any other notified body, 
. the technical documentation, as described in point 3. 
The applicant shaU place at the disposal of the notified body a specimen, 
representative of the production envisaged and hereinafter called type'/1) 
The notified body may request further specimens if needed for cairywg out 
the test programme. 
3. The technical documentation shaU enable the conformity of the product with 
the essential requirements of the Directive to be assessed. It shah, as far as 
relevant for such assessment, cover the design, manufacture and operation of 
the product 
For example, the documentation shaU 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 7, applied in full or in part, 
and descriptions of the solutions adopted to meet the essential 
requirements of the Directive when the standards referred to in Article 
7 have not been applied, 91/263/EEC 
W A type may cover several versions of the product provided that the differences between the versions do not affect the level of safety and the other 
requirements concerning the performance of the product 
27 
results of examinations carried out, etc., 
test reports, 
proposed user information or handbook. 
4. The notified body shaU: 
4.1. examine the technical documentation, verify that the type has been 
manufactured in conformity with it and identify the elements which have 
been designed in accordance with the relevant provisions of the standards 
referred to in Article 7 (1), as well as the components of those standards; 
4.2. perform, or have performed, the appropriate examinations and necessary 
tests to check whether the solutions adopted by the manufacturer meet the 
essential requirements of the Directive which are specified in Article 5 (a) 
and (b); 
4.3. perform, or have performed, the appropriate examinations and necessary 
tests to check that the type meets the relevant common techmcal regulations 
specified in Article 7 (2); 
4.4. agree with the applicant on the location where the examinations and 
necessary tests are to be carried out 
5. Where the type meets the provisions of the Directive, the notified body shaU 
issue an EC type-examination certificate to the applicant The certificate 
shall contain the name and address of the manufacturer, conclusions of the 
examination, conditions for its validity and the necessary data for 
identification of the approved type. 
A list of the relevant parts of the technical documentation shall be annexed 
to the certificate and a copy kept by the notified body. 
6. The applicant shaU inform the notified body that holds the technical 
documentation concerning the EC type-examination certificate of all 
modifications to the approved product which must receive additional 
approval where such changes may affect the conformity with the essential 
requirements or the prescribed conditions for use of the product. This 
additional approval is given in the form of an addition to the original EC 
type-examination certificate. 
7. Each notified body shaU communicate to the other notified bodies the 
relevant information concerning the EC type-examination certificates and 
additions issued and withdrawn. 
8. The other notified bodies may request copies of the EC type-examination 
certificates and/or their additions. The Annexes to the certificate shall be 
kept at the disposal of the other notified bodies. 91/263/EEC 
28 
The manufacturer or his authorized representative shall keep with the 
technical documentation copies of EC type-examination certificates and 
their additions for a period ending at least 10 years after the last product has 
been manufactured. 
Where neither the manufacturer nor his authorized representative is 
established within the Community, the obligation to keep the technical 
documentation available shah be the responsibihty of the person who places 
the product on the Community market 91/263/EEC 
29 
ANNEX II 
CONFORMITY TO TYPE 
Conformity to type is that part of the procedure whereby the manufacturer or 
his authorized representative established within the Community ensures and 
declares that the products concerned are in conformity with the type as 
described in the EC type-examination certificate and satisfy the 
requirements of the Directive that applies to them. The manufacturer or his 
authorized representative establishedwithin the Community shall affix the 
markings provided for in Article 12 (I) to each product and draw up a 
written declaration of conformity to type. 
The manufacturer shaU take aU measures necessary to ensure that the 
manufacturing process assures compliance of the manufactured products 
with the type as described in the EC type-examination certificate and with 
the requirements of the Directive that apply to them. 
The manufacturer or his authorized representative shaU keep a copy of the 
declaration of conformity for a period ending at least 10 years after the last 
product has been manufactured. 
Where neither the manufacturer nor his authorized representative is 
established within the Community, the obligation to keep the declaration of 
conforming to type avaUable shall be the responsibihty of the person who 
places the product on the Community market 
A notified body chosen by the manufacturer shaU carry out or have carried 
out, product checks at random intervals. An adequate sample of the final 
products, which may be taken on site by the notified body or on its behalf, 
shaU be examined and appropriate tests shaU be carried out to check the 
conformity of products with the relevant requirements of the Directive. In 
those cases where one or more of the products checked do not conform, the 
notified body shah take appropriate measures. 91/263/EEC 
93/68/EEC 
Article 11 (10) 
30 
ANNEX III 
PRODUCTION QUALITY ASSURANCE 
1. Production quahty assurance is the procedure whereby the manufacturer 
who satisfies the obhgations of point 2 ensures and declares that the 
products concerned are in conformity with the type as described in the EC 
type-examination certificate and satisfy the requirements of the Directive 
that apply to them. The manufacturer or his authorized representative 
established within the Commumty shaU affix the markings provided for in 
Article 12 (1) to each product and draw up a written declaration of 
conformity to type. 
2. The manufacturer shaU operate an approved quahty system for production, 
final product inspection and testing as specified in point 3 and shall be 
subject to monitoring as specified in point 4. 
3. Quahty system 
3.L The manufacturer shaU lodge an apphcation for assessment of his quality 
system with a notified body of his choice, for the products concerned. 
The apphcation shaU include: 
- aU relevant information for the product category envisaged, 
- the documentation concerning the quahty system, 
- if applicable, the techmcal documentation of the approved type and a 
copy of the EC type-examination certificate. 
3.2. The quahty system shaU ensure comphance of the products with the type as 
described in the EC type-examination certificate and with the requirements 
of the Directive that apply to them. 
AU the element, requirements and provisions adopted by the manufacturer 
shah be documented in a systematic and orderly manner in the form of 
written policies, procedures and instructions. The quality system 
documentation must permit a consistent interpretation of the quahty 
programmes, plan, manuals and records. 
It shah contain in particular an adequate description of: 
- the quahty objectives and the organizational structure, responsibilities 
and powers of the management with regard to product quahty, 
the manufacturing, quahty control and quality assurance techniques, 
processes and systematic actions that wiU be used, 91/263/EEC 
93/68/EEC 
Article 11 (10) 
31 
- the examinations and tests wUl be carried out before, during and after 
manufacture, and the frequency with which they wiU be carried out, 
- the quahty records, such as inspection reports and test data, calibration 
data, qualification reports of the personnel concerned, etc., 
- the means to monitor the achievement of the required product quahty 
and the effective operation of the quahty system. 
3.3. The notified body shaU assess the quahty system to determine whether it 
satisfies the requirements referred to in point 3.2. It shaU presume 
conformity with these requirements in respect of quahty systems that 
implement the relevant harmonized standard/*) 
The auditing team shah have at least one member with experience of 
evaluation in the product technology concerned. The evaluation procedure 
shaU include an inspection visit to the manufacturer's premises. 
The decision shaU be notified to the manufacturer. The notification shaU 
contain the conclusions of the examination and the reasoned assessment 
decision. 
3.4. The manufacturer shaU undertake to fulfil the obhgations arising out of the 
quahty system as approved and to uphold it so that it remains adequate and 
efficient 
The manufacturer or his authorized representative shaU keep the notified 
body that has approved the quahty system informed of any intended 
updating of the quality system. 
The notified body shall evaluate the modifications proposed and decide 
whether the amended quahty system wiU stiU satisfy the requirements 
referred to in point 3.2. or whether a re-assessment is required. 
It shaU notify its decision to the manufacturer. The notification shaU contain 
the conclusions of the examination and the reasoned assessment decision. 
4. Surveillance under the responsibility of the notified body 
4.1. The purpose of surveiUance is to make sure that the manufacturer duly 
fulfils the obhgations arising out of the approved quahty system. 91/263/EEC 
0) This harmonized standards shall be EN ISO 9002, supplemented, if necessary, to take into account the specific nature of the procedure for 
which it is implemented. 
32 
4.2. The manufacturer shall allow the notified body access for inspection 
purpose to the locations of manufacture, inspection and testing, and storage 
and shall provide it with all necessary information, in particular: 
- the quahty system documentation, 
- the quahty records, such as inspection reports and test data, calibration 
data, qualification reports of the personnel concerned, etc. 
4.3. The notified body shaU carry out audits at reasonable intervals to make sure 
that the manufacturer maintains and applies the quahty system and shaU 
provide an audit report to the manufacturer. 
4.4. AdditionaUy, the notified body may pay unexpected visits to the 
manufacturer. During such visits the notified body may carry out, or cause to 
be carried out, tests to verify that the quahty system is functioning correctly, 
if necessary. The notified body shaU provide the manufacturer with a visit 
report and, if a test has taken place, with a report 
5. The manufacturer shaU, for a period ending at least 10 years after the last 
product has been manufactured, keep at the disposal of the national 
authorities: 
- the documentation referred to in the second indent of point 3.1., 
- the updating referred to in the second paragraph of point 3.4., 
- the decisions and reports from the notified body which are referred to in 
the final paragraph of points 3.4., 4.3. and 4.4.. 
6. Each notified body refened to in Article 11 (1) shah make available to the 
other notified bodies refened to in that Article the relevant information 
concerning the quality system approvals issued and withdrawn. 91/263/EEC 
33 
2. ANNEX IV 
FULL QUALITY ASSURANCE 
FuU quahty assurance is the procedure whereby the manufacturer who 
satisfies the obligations of point 2 ensures and declares that the products 
concerned satisfy the requirements of the Directive that apply to them. The 
manufacturer or his authorized representative shaU affix the markings 
provided for in Article 12 (I) to each product and draw up a written 
declaration of conformity. 
The manufacturer shaU operate an approved quahty system for design, 
manufacture and final product inspection and testing as specified in point 3 
and shaU be subject to surveillance as specified in point 4. 
3. Quahty system 
3.1. The manufacturer shaU lodge an apphcation for assessment of his quahty 
system with a notified body. 
The apphcation shaU include: 
- aU relevant information for the products envisaged, 
- the quality system's documentation. 
3.2. The quahty system shah ensure comphance of the products with the 
requirements of the Directive that apply to them, 
AU the elements, requirements and provisions adopted by the manufacturer 
shaU be documented in a systematic and orderly manner in the form of 
written policies, procedures and instructions. This quahty system 
documentation shaU ensure a common understanding of the quality policies 
and procedures such as a quahty programmes, plans, manuals and records. 
It shah contain in particular an adequate description of: 
- the quahty objectives and the organizational structure, responsibilities 
and powers of the management with regard to design and product 
quality, 
- the technical specifications, including the harmonized standards and 
technical regulations as weU as relevant test specifications that will be 
apphed and, where the standards refened to in Article 7(1) will not be 
applied in full, the means wiU be used to ensure that the essential 
requirements of the Directive that apply to the products will be met, 91/263/EEC 
93/68/EEC 
Article 11 (11) 
34 
3.3. the design control and design verification techniques, processes and 
systematic actions that wiU be used when designing the products 
pertaining to the product category covered, 
- the corresponding manufacturing, quahty control and quality assurance 
techniques, processes and systematic actions that wUl be used, 
- the examinations and tests wiU be carried out before, during and after 
manufacture, and the frequency with which they wiU be carried out; as 
weU as the results of the tests carried out before manufacture where 
appropriate, 
- the means by which it is ensured that the test and examination facilities 
respect the appropriate requirements for the performance of the 
necessary test, 
- the quahty records, such as inspection reports and test data, calibration 
data, qualification reports of the personnel concerned, etc., 
- the means to monitor the achievement of the required design and 
product quahty and the effective operation of the quahty system. 
The notified body shaU asses the quahty system to determine whether it 
satisfies the requirements refened to in point 3.2. It shall presume 
comphance with these requirements in respect of quahty systems that 
implement the relevant harmonized standard. W 
The notified body shaU assess in particular whether the quahty control 
system ensures conformity of the products with the requirements of the 
Directive in the tight of the relevant documentation supphed in respect of 
points 3.1. and 3.2. including, where relevant, test results supphed by the 
manufacturer. 
The auditing team shaU have at least one member experienced as an 
assessor in the product technology concerned. The evaluation procedure 
shaU include an assessment visit to the manufacturer's premises. 
The decision shaU be notified to the manufacturer. The notification shaU 
contain the conclusions of the examination and the reasoned assessment 
decision. 91/263/EEC 
(1) This-harmonized standard shall be EN ISO 9001, supplemented, if necessary, to take into account the specific nature of the products for which 
it is implemented. 
35 
3.4. The manufacturer shaU undertake to fulfil the obligations arising out of the 
quahty system as approved and to uphold it so that it remains adequate and 
efficient 
The manufacturer or his authorized representative shall keep the notified 
body that has approved the quality system informed of any intended 
updating of the quality system. 
The notified body shah evaluate the modifications proposed and decide 
whether the amended quahty system wiU still satisfy the requirements 
refened to in point 3.2. or whether a re-assessment is required. 
It shaU notify its decision to the manufacturer. The notification shah contain 
the conclusions of the examination and the reasoned assessment decision. 
4. EC surveiUance under the responsibility of the notified body 
4.1. The purpose of surveillance is to make sure that the manufacturer duly 
fulfils the obhgations arising out of the approved quahty system. 
4.2. The manufacturer shaU aUow the notified body access for inspection 
purposes to the locations of design, manufacture, inspection and testing, and 
storage and shah provide it with aU necessary information, in particular 
- the quahty system documentation, 
- the quahty records as foreseen by the design part of the quahty system, 
such as results of analyses, calculations, tests, etc. 
- the quahty records as foreseen by the manufacturing part of the quality 
system, such as inspection reports and test data, calibration data, 
qualification reports of the personnel concerned, etc. 
4.3. The notified body shaU carry out audits at reasonable intervals to make sure 
that the manufacturer maintains and apphes the quality system and shall 
provide an audit report to the manufacturer. 91/263/EEC 
36 
4.4. 
5. 
6. AdditionaUy, the notified body may pay unexpected visits to the 
manufacturer. At the time of such visits, the notified body may carry out 
tests or have them carried out in order to check the proper functioning of the 
quahty system where necessary; it shaU provide the manufacturer with a 
visit report and, if a test has been carried out, with a test report. 
The manufacturer shall, for a period ending at least 10 years after the last 
product has been manufactured, keep at the disposal of the national 
authorities: 
- the documentation referred to in the second indent of point 3.1., 
- the updating referred to in the second paragraph of point 3.4., 
- the decisions and reports from the notified body which are refened to in 
the final paragraph of points 3.4., 4.3. and 4.4.. 
Each notified body referred to in Article 11 (1) shaU make avaUable to the 
other notified bodies referred to in that Article the relevant information 
concerning quahty system approvals including references to the produces) 
concerned, issued and withdrawn. 91/263/EEC 
37 
'ANNEX V 
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER 
STATES WHEN DESIGNATING NOTIFIED BODIES IN ACCORDANCE 
WITH ARTICLE 11(1) 
1. The notified body, its director and the staff responsible for carrying out the 
tasks for which the notified body has been designated shaU not be a 
designer, manufacturer, supplier or instaUer of terminal equipment, or a 
network operator or a service provider, nor the authorized representative of 
any of such parties. They shah not become directly involved in the design, 
construction, marketing or maintenance of terminal equipment, nor 
represent the parties engaged in these activities. This does not preclude the 
possibility of exchanges of technical information between the manufacturer 
and the notified body. 
2. The notified body and its staff must carry out the tasks for which the 
notified body has been designated with the highest degree of professional 
integrity and technical competence and must be free from aU pressures and 
inducements, particularly financial, which might influence their judgement 
or the results of any inspection, especiaUy from persons or groups of persons 
with an interest in such results. 
3. The notified body must have at its disposal the necessary staff and facilities 
to enable it to perform properly the administrative and technical work 
associated with the tasks for which it has been designated. 
4. The staff responsible for inspections must have: 
sound techmcal and professional training, 
- satisfactory knowledge of the requirements of the tests or inspections 
that are carried out and adequate experience of such tests or inspections, 
- the ability to draw up the certificates, records and reports required to 
authenticate the performance of the inspections. 
5. The impartiahty of inspection staff must be guaranteed. Their remuneration 
must not depend on the number of tests or inspections carried out nor on the 
results of such inspections. 91/263/EEC 
38 
6. The notified body must take out liabihty insurance unless its liability is 
assumed by the State in accordance with national law, or the Member State 
itself is directly responsible. 
7. The staff of the notified body is bound to observe professional secrecy with 
regard to ah information gained in carrying out its tasks (except vis-à-vis the 
competent admimstrative authorities of the State in which its activities are 
carried out) under this Directive or any provision of national law giving 
effect thereto. 91/263/EEC 
39 
ANNEX VI 
MARKING FOR THE TERMINAL EQUIPMENT REFERRED TO IN 
ARTICLE 12 (1) 
The CE conformity marking shaU consist of the mitials CE' taking the 
foUowing form, foUowed by the additional information referred to in Article 
12(1); 
C\:. initials Identification number of ihc 
notified bodv Symbol «if suitability for 
connection to the public 
telecommunications network 
(See Official Journal of the European Communities for character font) 
If the CE marking is reduced or enlarged the proportions given in the above 
graduated drawing must be respected. 
The various components of the CE marking must have substantially the 
same vertical dimension, which may not be less than 5 mm. 93/68/EEC 
Article 11 (12) 
40 
ANNEX VII 
MARKING FOR THE EQUIPMENT REFERRED TO IN 
ARTICLE 12 (4) 
If the CE marking is reduced or enlarged the proportions given in the above 
graduated drawing must be respected. 
The various components of the CE marking must have substantiaUy the 
same vertical dimension, which may not be less than 5 mm. 93/68/EEC 
Article 11 (13) 
41 
ANNEX VIII 
MODEL OF A DECLARATION REFERRED TO IN ARTICLE 3 (1) OF 
DEFECTIVE .../.../EC RELATING TO TELECOMMUNICATIONS 
TERMINAL EQUIPMENT AND SATELLITE EARTH STATION 
EQUIPMENT, INCLUDING THE MUTUAL RECOGNITION OF THEIR 
CONFORMITY 
The manufacturer/suppher^1). 
Declares that{2). 
is not intended to be connected to a pubhc telecommunications network. 
The connection of such equipment to a pubhc telecommumcations network in the 
Commumty Member State wiU be in violation of the national law implementing 
this Directive on the approximation of the laws of the Member States concerning 
telecommunication terminal equipment, including the mutual recognition of their 
conformity. 
DATE, PLACE AND SIGNATURE 91/263/EEC 
' ' Name and address. 
"' Equipment identification. 
42 
ANNEXIX 
COMMUNITY INTERNAL PRODUCTION 
CONTROL PROCEDURE 
1. This Annex describes the procedure whereby the manufacturer or his 
authorized representative established within the Commumty, who carries 
out the obhgations laid down in 2, ensures and declares that the products 
concerned satisfy the requirements of this Directive that apply to them. 
The manufacturer must affix the CE marking to each product and draw up a 
written declaration of conformity. 
2. The manufacturer must establish the technical documentation described in 3 
and he or his authorized representative established within the Community 
must keep it, for a period ending at least 10 years after the last product has 
been manufactured, at the disposal of the relevant national authorities for 
inspection purposes. 
Where neither the manufacturer nor his authorized representative is 
established within the_ Community, the obligation to keep the-technical 
documentation available is the responsibility of the person who places the 
product on the Commumty market 
3. Technical documentation must enable the conformity of the products to be 
assessed against the requirements of this Directive that apply to them. It 
must contain, so far as relevant for assessment 
a general description of the product, 
conceptual design and manufacturing drawings and lists of components, 
sub-assemblies, circuits, etc., 
descriptions and explanations necessary for the understanding of the 
said drawings and lists and the operation of the product, 
a list of the standards mentioned in Article 18 of this Directive applied 
in Ml or as far as is relevant or, in the absence of such standards, the 
techmcal construction file, and descriptions of the solutions adopted to 
meet those requirements of this Directive that apply to the products, 
results of design calculations made, examinations carried out, etc., 
test reports. 
4. The manufacturer or his authorized representative must keep a copy of the 
declaration of conformity with the techmcal documentation. 
5. The manufacturer must take aU measures necessary to ensure that the 
manufacturing process ensures comphance by the manufactured products 
with the technical documentation refened to in 2 and with those 
requirements of this Directive that apply to them. 93/97/EEC 
Annex 
43 
ANNEX X 
PART A 
Repealed Directives 
(referred to in Article 34) 
Directive 91/263/EEC 
Directive 93/68/EEC Only Article 11 
Directive 93/97/EEC 
44 
PARTB 
Deadlines for transposition into national law 
(referred to in Article 34) 
Directive Deadline for transposition 
Directive 91/263/EEC 6 November 1992 
Directive 93/68/EEC 1 July 1994 <*) 
Directive 93/97/EEC 1 May 1995 
(*) Until 1 January 1997, Member States shall allow the placing on the market and the bringing into service of telecommunications terminal 
equipment which comply with the marking arrangements in force before 1 January 1995. 
45 
ANNEX XI 
CORRELATION TABLE 
I This Directive 1 Directive 91/263/EEC | Directive 93/97/EEC I 
Article 1 (1) I Article 1 (1) I Article 1 (1) 
Article 1 (2) Article 1 (2) Article 1 (2) 
Article 2 Article 1 (3) 
Article 3 Article 2 
Article 4 Article 3 
Article 5 Article 4 
Article 6 Article 5 
Article 7 Article 6 
Article 8 Article 7 
Article 9) Article 8 
Article 10 Article 9 
Article 11 Article 10 
Article 12 Article 11 ; 
Article 13 Article 12 
Article 14 Article 1 (3) 
Article 15 Article 2 
Article 16 Article 3 
Article 17 Article 4 
Article 18 Article 5 
Article 19 Article 6 
Article 20 Article 7 
Article 21 Article 8 
Article 22 Article 9 
Article 23 Article 10 
Article 24 t Article 11 
Article 25 Article 12 
Article 26 Article 13 
Article 27 Article 14 
Article 28 Article 13 
Article 29 Article 14 
Article 30(1) Article 15 Article 17(1) 
Article 30 (2) Article 17 (2) 
Article 31 Article 8 (3) 
Article 32 (1) Article 16 (3) 
Article 32 (2) Article 16 (4) 
Article 33 Article 17(2) Article 18 (2) 
Article 34 . 
Article 35 
Article 36 
Annex I Annex I 
Annex U Annex E 
Annex HI Annex UI 
Annex IV Annex IV 
Annex V Annex V 
Annex VI Annex VI 
Annex VU Annex VU 
Annex VUI Annex VUI 
Annex DC Annex 
Annex X 
Annex XI 1 j j 
46 



ISSN 0254-1475 
COM(95) 612 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-95-648-EN-C 
ISBN 92-77-97050-2 
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