COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 26.03.1998 
COM(1998) 176 final 
97/0149 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
ON CONNECTED TELECOMMUNICATIONS EQUIPMENT AND THE MUTUAL RECOGNITION OF 
THE CONFORMITY OF EQUIPMENT 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

SUMMARY 
On 29 January 1998, the European Parliament approved the Commission proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on connected telecommunications 
equipment and the mutual recognition of the conformity of equipment (COM(97)257) with 
amendments (PE A4-0023/98). This modified proposal takes into account the amendments 
adopted by the European Parliament, which are accepted by the Commission. 
The Directive will create the single market for telecommunications terminal and radio equipment 
and proposes a substantial relaxation of the regulations governing the placing on the market, the 
free movement and the putting into service of such equipment. The Directive will replace two 
Council Directives (91/263/EEC1 - telecommunications terminal equipment and 93/97/EEC2 -
satellite earth station equipment), simplify the application of two other Council Directives 
(93/68/EEC3 - conformity marking and 89/336/EEC4 - electromagnetic compatibility) and 
replace a large number of national regulations. 
The issues of concern to the European Parliament are: 
• The role of harmonised standards (7, 8,10); 
• The licensing of use of radio equipment (6, 15); 
• Access of disabled people to telecommunications (4, 8); 
• Reciprocity with third countries (19); 
• Transparency of implementation of the Directive (9, 10, 15,16,17, 18); 
• Exclusion of self-built radio amateur equipment (5, 8); 
• Essential requirements and network protection (8,13); 
• Strengthening the role of industry in the implementation of this Directive (16). 
19 Amendments were formulated on which the Commission has taken the following position: 
acceptable I 1, 2, 3,4, 5, 9,17,18 
acceptable in part or in principle 8,10,13, 15,16,20,21, 23 
not acceptable 6, 7,19 
1 OJNoL 128, 23.5.1991, p. 1. 
2 OJ No L 290, 24.11.1993, p. 1. 
3 OJ No L 220, 30.8.1993, p. 1. 
4 OJNoL. 139, 23.5.1989, p. 19. 
EXPLANATORY MEMORANDUM 
The Commission hereby presents a modified proposal for a European Parliament and Council 
Directive on radio and telecommunications terminal equipment and the mutual recognition of 
their conformity. The modified proposal incorporates those amendments proposed by the 
European Parliament as First Reading which were accepted by the Commission. 
INTRODUCTION 
a) Background 
The Commission adopted its proposal on 4 June 1997 and it was formally transmitted to 
the EP and the Council on 6 June 19975. 
The Economic and Social Committee gave a favourable Opinion on 10 December 1997. 
The European Parliament adopted a favourable Resolution at its First Reading on 
29 January 1998 and proposed 23 amendments to the Commission proposal6. 
b) Purpose of the Directive 
The Directive will create the single market for telecommunications terminal and radio 
equipment and proposes a substantial relaxation of the regulations governing the placing on 
the market, the free movement and the putting into service of such equipment. The 
Directive will replace two Council Directives (91/263/EEC7 - telecommunications terminal 
equipment and 93/97/EEC8 - satellite earth station equipment), simplify the application of 
two other Council Directives (93/68/EEC9 - conformity marking and 89/336/EEC10 -
electromagnetic compatibility) and replace a large number of national regulations. 
The major elements of the new Directive are: 
• Enlargement of the range of equipment covered with the inclusion of radio equipment; 
• A set of new definitions which will make the Directive valid well into the future by 
taking into account the liberalisation of infrastructures and competition between 
operators; 
5OJC248, 14/08/1997 p. 4 
6 A4-0023/96, PV 29-01-98 
7 OJ No L 128, 23.5.1991, p. 1. 
8 OJ No L 290, 24.11.1993, p. 1. 
9 OJNo L 220, 30.8.1993, p. 1. 
10 OJ No L. 139, 23.5.1989, p. 19. 
• The development of the concept of essential requirements specific to telecommunications 
to take into account technological trends; 
• A flexible decision-making process whereby future network infrastructures and'systems 
can be readily covered; 
• A less onerous conformity assessment regime based upon the principle of manufacturer's 
declarations. 
The Directive complements other legislative developments in telecommunications and is a 
response to the inevitable changes to the radio and telecommunications terminal equipment 
market caused by the liberalisation of the telecommunications infrastructures and services. 
EP AMENDMENTS ACCEPTED BY THE COMMISSION 
Of the 19 amendments adopted by the European Parliament at First Reading, the 
Commission accepted 8 in full and 8 in part or in principle, making a total of 16: 
Amendments accepted in full 1,2, 3,4, 5, 9,17,18 
Amendments accepted in part or in part or in 8,10,13,15,16,20, 21, 23 
principle 
The Commission accepted those amendments which: 
• reinforce the importance to maximise the classes of equipment covered by the Directive; 
• clarify the procedures on dealing with radio equipment; 
• introduce a consultation mechanism where equipment considered non-compliant with 
the Directive is withdrawn from the market; 
• introduce possibilities for network operators to disconnect equipment in special 
circumstances; 
• further clarify the text in a manner consistent with the aims of the Directive; 
• are consistent with other EU legislation. 
EP AMENDMENTS NOT ACCEPTED BY THE COMMISSION 
The Commission has not accepted 4 amendments and parts of 10 other amendments. The 
reasons are given below and the amendments are placed in categories: 
Limitation of coverage of putting into service of equipment not operating in 
harmonised frequency bands (amendment 6) 
The Commission recognises the fact that the usage of radio equipment is governed by 
authorisations and that they are in general given on a national basis. Directive 91/263/EEC 
provides for community-wide authorisations for a limited class of equipment, operating in 
harmonised frequency bands. Since on the one hand there is equipment, which does not 
operate in harmonised frequency bands but for which it is possible to provide a 
Community wide authorisation scheme and, whereas, on the other, there is equipment 
operating in harmonised frequency bands for which the putting into service is nonetheless 
authorised on a national level, the amendment would unnecessarily restrict the scope of the 
Directive. 
Usage of harmonised standards (amendments 7,10 (part) 
Although it may not have been the intention of the European Parliament to render 
mandatory harmonised standards where they exist, the amendments 7 and 10 would have 
this effect. The principle that the usage of harmonised standards should be promoted is 
fully supported but is already embedded by virtue of the more onerous conformity 
assessment procedure, which applies when harmonised standards are not used. 
Making applicable the essential requirement enabling disabled people to use all 
equipment covered by this Directive (amendment 8 (part) 
The Commission agrees with the European Parliament that the disabled should have access 
to telecommunication services but is of the opinion that, in principle, market forces should, 
and will, ensure this. Where the market fails, regulators should however have a possibility 
to intervene and to enforce usability on certain classes of products. The European 
Parliament proposes to apply this requirement to all equipment. This is felt unnecessary 
for classes where the market will ensure usability. For other classes of products 
(e.g. professional equipment) such a requirement would be inappropriate. 
Strengthening of the essential requirements and leaving selection of requirements to 
ETSI (amendment 8 (part)) 
Although the Commission fully agrees with the Parliament that it is up to ETSI to interpret 
the essential requirements into harmonised standards, it is the task of the regulators to 
define which requirements apply. The selection of which special essential requirements 
would apply is, therefore, to be made by the Commission after consultation of the TCAM. 
Amendment 8 also proposes making the requirement "misuse of network resources causing 
an unacceptable degradation of service" obligatory for all equipment. The Commission 
understands the reasoning behind making it obligatory and would expect terminal 
equipment to comply with it. It is, however, difficult to translate this requirement into 
harmonised standards as the origin of degradation of service is not necessarily a result of 
faulty elements in the terminal equipment. For this reason, the Commission feels the 
requirement should be kept optional. 
A requirement to ensure that equipment properly interworks with the network is considered 
an aspect of product quality and not a necessary feature. Equipment which will not 
properly interwork with the network does not necessarily cause problems to that network. 
Market forces would ensure that such products are unsuccessful. 
Specific provisions on radio amateur equipment (amendments 8 (part) 
Some amendments reflect the concerns of the radio amateur community, that self-built 
equipment would be subjected to the conformity assessment procedures of the Directive. 
This equipment is not placed on the market and therefore not covered by this Directive. 
The risks associated with such equipment are regulated via the licenses which radio 
amateurs need to be allowed to put such equipment into service. Making special 
provisions in this Directive to exclude such equipment are not necessary. 
Amendment 8 proposes introducing limitations on the technical requirements which can be 
imposed on commercially built radio amateur equipment placed on the market. Such a 
provision would be contrary to the principles of the new approach which leave such an 
assessment to the standardisation organisations. 
Extension of markings on equipment (amendment 15 (part)) 
The European Parliament proposes adding references to the notified bodies and harmonised 
standards to the marking. Extended marking beyond the CE mark needs to be justified. It 
only seems justified for certain classes of radio equipment, operating in non-harmonised 
frequency bands and thus should not be the general rule. 
Transparency of procedures of the TCAM (amendment 16 (part)) 
The Community is bound by Council Decision 87/373/EEC which does not allow for the 
proceedings of such Committees to be made public. 
Reciprocity (amendment 19) 
The European Parliament proposes keeping in place the existing Directives, (which are 
onerous in both requirements and conformity assessment procedures), for products 
originating from countries not providing reciprocal access for products from the 
Community. Such a provision is not in line with the Most Favoured Nation principal and 
the National Treatment Principal of the GATT and the TBT code and is discriminatory. 
The maintenance of two very different legal regimes is, in addition, very costly and, 
therefore, quite undesirable. 
Introduction of a right to disconnect (amendment 20 (partly accepted)) 
Refusal of connection can be accepted if equipment seriously affects the operation, of a 
network. Usage of such a measure should, however, be controlled by the regulators in 
order to avoid abuse by operators. To only allow it when the user can be offered an 
alternative solution does not provide sufficient guarantees to avoid such abuse. 
Extension of liabilities (amendments 23) 
The European Parliament proposes that manufacturers should be liable not only for direct 
economic damage, but also for indirect damage and that they be liable towards any party 
suffering damage. This seems to exclude that other parties could be liable as well 
(e.g. network operators who have not specified the characteristics of their networks 
properly). The proposal might have unforeseen side effects and the view is taken, 
therefore, that these issues continue to be handled under the existing national liability 
legislation. 
Where a product manufactured in the Community for other markets is re re-imported into 
the Community, both the importer and the manufacturer are liable for that product. If the 
product was not intended to be used in the Community and the importer is, or should have 
been aware of it, it is up to the courts to determine to what extent the producer should pay 
compensation for damages caused by the product. 
CONCLUSIONS 
The Commission has accepted 16 of the 19 amendments proposed by the European Parliament at 
First Reading either in whole, in part or in principle. 
In accordance with Article 189a paragraph 2 of the EC Treaty, the Commission amends its initial 
proposal, incorporating these amendments. 
AMENDED PROPOSAL FOR A 
EUROPEAN PARLIAMENT AND COUNCIL 
mEE£TLY£ 
ON 
RADIO AND TELECOMMUNICATIONS TERMINAL 
EQUIPMENT AND THE MUTUAL RECOGNITION OF THEIR 
CONFORMITY 
Original text Amended text 
Recital 3 a (new) 
(new) Whereas, given the increasing importance of 
telecommunications terminal equipment and 
networks using radio transmission besides 
equipment connected through wired links, 
any regulation on the manufacturing, 
marketing and use of R&TTE should cover 
both classes of such equipment; 
Recital 5 
Whereas the electromagnetic compatibility 
related essential requirements laid down by 
Council Directive 89/336/EEC of 3 May 1989 
on the approximation of the laws of 
Member States relating to electromagnetic 
compatibilityM, as last amended by 
Directive 93/68/EEC, are sufficient to cover 
connected telecommunications equipment: Whereas the electromagnetic compatibility 
related essential requirements laid down by 
Council Directive 89/336/EEC of 3 May 
1989 on the approximation of the laws of 
Member States relating to electromagnetic 
compatibility12, as last amended by 
Directive 93/68/EEC, are sufficient to cover 
radio and telecommunications terminal 
equipment; 
Recital 6 
Whereas the provisions of 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 limits13, as last amended 
by Directive 93/68/EEC, are sufficient to cover 
connected telecommunications equipment. 
whatever the operating voltage limits; Whereas the provisions of Council Directive 
73/23/EEC of 19 February 1973 on the 
harmonization of the laws of the Member I 
States relating to electrical equipment 
designed for use within certain voltage 
limits14, as last amended by Directive 
93/68/EEC, are sufficient to cover radio and 
telecommunications terminal equipment, 
whatever the operating voltage limits; 
n 
12 
13 
14 OJNoL 139, 23.5.1989, p. 19. 
OJNoL 139,23.5.1989, p. 19. 
OJ No L 77, 26.3.1973, p. 29. 
OJNoL 77, 26.3.1973, p. 29. 
Recital 8 
Whereas unacceptable degradation of service to 
other than the user of connected 
telecommunications equipment should be 
prevented; Whereas unacceptable degradation of service 
to other than the user of radio and 
telecommunications terminal equipment 
should be prevented; 
Recital 10 
Whereas connected telecommunications 
equipment can occupy an excessive proportion 
of limited resources such as radio frequency 
spectrum; Whereas the most efficient possible use 
according to the state of the art of limited 
resources such as the radio frequency 
spectrum is to be ensured and promoted; 
Récita 12 
Whereas the essential requirements relevant to a 
class of connected telecommunications 
equipment should depend on the nature and the 
needs of that class of equipment; whereas these 
requirements must be applied with discernment 
in order not to inhibit technological innovation 
or the meeting of the needs of a free-market 
economy; Whereas the essential requirements relevant 
to a class of radio and telecommunications 
terminal equipment should depend on the 
nature and the needs of that class of 
equipment; whereas these requirements must 
be applied with discernment in order not to 
inhibit technological innovation or the 
meeting of the needs of a free-market 
economy; 
Recital 13 
Whereas care should be taken that connected 
telecommunications equipment should not 
represent an avoidable hazard to health; Whereas care should be taken that radio and 
telecommunications terminal equipment 
should not represent an avoidable hazard to 
health; 
Récita 14 
Whereas telecommunications are important to 
the well-being and employment of people with 
disabilities who represent a substantial and 
growing proportion of the population of Europe; Whereas telecommunications are important to 
the well-being and employment of people 
with disabilities who represent a substantial 
and growing proportion of the population 
of Europe; whereas telecommunications 
equipment should therefore whenever 
possible be designed in such a way that 
disabled people may use it without or with 
only minimal adaptation: 
Recital 15 
Whereas connected telecommunications 
equipment can provide certain functions 
required by emergency and security services; Whereas radio and telecommunications 
terminal equipment can provide certain 
functions required by emergency and security 
services; 
Recital 16 
Whereas connected telecommunications 
equipment should not permit the infringement of Whereas radio and telecommunications 
terminal equipment should not permit the 
individual privacy; infringement of individual privacy; 
Récita 1! 
Whereas it is desirable to have harmonized 
standards at European level to safeguard the 
public interest in connection with the design and 
manufacture of connected telecommunications 
equipment: whereas such harmonized standards 
may be used to demonstrate conformity to the 
essential requirements; Whereas it is desirable to have harmonized 
standards at European level to safeguard the 
public interest in connection with the design 
and manufacture of radio and 
telecommunications terminal equipment; 
whereas such harmonized standards may be 
used to demonstrate conformity to the 
essential requirements; 
Récita 19 
Whereas Community law provides that obstacles 
to the free movement of goods within the 
Community, resulting from disparities in 
national legislation relating to the marketing of 
products, can only be justified where any 
national requirements are necessary and 
proportionate; whereas, therefore, the 
harmonization of laws must be limited only to 
those requirements necessary to satisfy the 
essential requirements relating to connected 
telecommunications equipment: whereas these 
requirements must replace the relevant national 
requirements; Whereas Community law provides that 
obstacles to the free movement of goods 
within the Community, resulting from 
disparities in national legislation relating to 
the marketing of products, can only be 
justified where any national requirements are 
necessary and proportionate; whereas, 
therefore, the harmonization of laws must be 
limited only to those requirements necessary 
to satisfy the essential requirements relating 
to radio and telecommunications terminal 
equipment; whereas these requirements must 
replace the relevant national requirements; 
Récita 20 
Whereas connected telecommunications 
equipment which complies with the relevant 
essential requirements should be permitted to 
circulate freely and be put into service in all 
Member States; whereas connected 
telecommunications equipment which does not 
comply with the applicable essential 
requirements should be regarded as defective 
products within the meaning of Council 
Directive 85/374/EEC of 25 July 1985 on the 
approximation of the laws, regulations and 
administrative provisions of the Member States 
concerning liability for defective products15; Whereas radio and telecommunications 
terminal equipment which complies with the 
relevant essential requirements should be 
permitted to circulate freely and be put into 
service in all Member States; whereas radio 
and telecommunications terminal equipment 
which does not comply with the applicable 
essential requirements should be regarded as 
defective products within the meaning of 
Council Directive 85/374/EEC of 25 July 
1985 on the approximation of the laws, 
regulations and administrative provisions of 
the Member States concerning liability for 
defective products 16 
15 OJ No L 210, 7.8.1985, p. 29. 
16 OJ No L 210, 7.8.1985, p. 29. 
10 
Recital 20a (new) 
Whereas this Directive does not restrict the 
non-commercial building, transformation or 
use of R&TTE in Amateur Radio and 
Satellite services by licensed radio amateurs; 
Article 1 
Scope and aim 
This Directive establishes a European 
Community regulatory framework for the 
placing on the market, free circulation and 
putting into service of connected 
telecommunications equipment (£IE) which 
complies with the essential requirements. This Directive establishes a European 
Community regulatory framework for the 
placing on the market, free circulation and 
putting into service of Radio and 
Telecommunications Terminal Equipment 
(R&TTE) which complies with the essential 
requirements. 
Article 2 
Definitions 
For the purpose of this Directive the following 
definitions shall apply: 
(a) Connected Telecommunications 
Equipment (CTE) 
Equipment capable of communication by 
means of radio transmission utilizing 
spectrum allocated to terrestrial/space 
radio communication excluding equipment 
which is intended for exclusive public 
security use, 
or 
the relevant components of equipment to 
be connected to an Open Network 
Termination Point, allowing this 
equipment to interwork with the relevant 
network; For the purpose of this Directive the 
following definitions shall apply: 
(a) 
(b) Open Telecommunications 
Termination Point (ONTP) Network 
A termination point of a 
telecommunications network at which 
users of the network may connect any 
conforming Connected Radio and Tejecommunications 
Terminal Equipment (R&TTE) 
Equipment capable of communication 
by means of radio transmission utilizing 
spectrum allocated to terrestrial/space 
radio communication excluding 
equipment which is intended for 
exclusive public security use, 
or 
the relevant components of equipment 
to be connected to an Open Network 
Termination Point, allowing this 
equipment to interwork with the 
relevant network; 
(b) Open Telecommunications 
Termination Point (ONTP) Network 
A termination point of a 
telecommunications network at which 
users of the network may connect any 
conforming Radio and 
17 OJ No L 109, 26.4.1983, p. 8. 
11 
Telecommunications Equipment of a type 
supported at that ONTP. Connection may 
be by wire, radio, optical or other 
electromagnetic means. An ONTP 
supports one or more types of CTE. In 
exceptional cases in the public interest, 
ONTP types can be termination points of 
other than public networks; 
(c) £IE TyPe 
The CTE type identifies the type of Open 
Network Termination Point to which the 
equipment is to be connected by wire, 
radio, optical or other electromagnetic 
means; 
(d) Technical specification 
A specification contained in a document 
which describes those characteristics of a 
product which implement the applicable 
essential requirements; 
(e) Harmonized standard 
A technical specification adopted by a 
recognized standards body under a mandate 
from the Commission in conformity with the 
procedures laid down in 
Council Directive 83/189/EEC17 for the purpose 
of establishing a European requirement, 
compliance with which is not compulsory. Telecommunications Terminal 
Equipment of a type supported at that 
ONTP. Connection may be by wire, 
radio, optical or other electromagnetic 
means. An ONTP supports one or more 
types of R&TTE. In exceptional cases 
in the public interest, ONTP types can 
be termination points of other than 
public networks; 
(c) R&TTE Type 
The R&TTE type identifies the type of 
Open Network Termination Point to 
which the equipment is to be connected 
by wire, radio, optical or other 
electromagnetic means; 
(d) Technical specification 
A specification contained in a 
document which describes those 
characteristics of a product which 
implement the applicable essential 
requirements; 
(e) Harmonized standard 
A technical specification adopted by a 
recognized standards body under a mandate 
from the Commission in conformity with 
the procedures laid down in 
Council Directive 83/189/EEC18 for the 
purpose of establishing a European 
requirement, compliance with which is not 
compulsory. 
Article 3 
Essential requirements 
l • The following general essential 
requirements are applicable to all CTE: 1. The R&TTE referred to in Article 2 
shall be so constructed that: 
(a) the equipment, when properly 
used, does not endanger the health 
or the safety of the user or any 
other person; 
OJNoL109, 26.4.1983, p. 8. 
12 
(a) the essential requirements contained 
in Directive 73/23/EEC with respect 
to safety whatever the voltage limits 
oftheCTE; 
(b) the essential requirements contained 
in Directive 89/336/EEC with respect 
to electromagnetic compatibility. (b) the equipment meets the essential 
requirements contained in 
Directive 73/23/EEC with respect 
to safety whatever the voltage 
limits of the R&TTE; 
(c) the equipment meets the essential 
requirements contained in 
Directive 89/336/EEC with 
respect to electromagnetic 
compatibility. 
Radio equipment shall be so 
constructed that the equipment 
effectively uses the spectrum allocated 
to terrestrial/space radio 
communication and orbital resources, in 
accordance with ITU Radio 
Regulations. 
The specific essential requirements 
applicable to each type of CTE may be 
selected in accordance with the provisions 
of Article 4 from the following list: 
(a) prevention of misuse of network 
resources causing an unacceptable 
degradation of service to other than 
the user oftheCTE; 
(b) interworking via network(s) and 
Community-wide portability between 
ONTPs of the same type; 
(c) effective use of spectrum allocated to 
terrestrial/space radio 
communication. In accordance with the procedure laid 
down in Article 12, the Commission 
may decide that Terminal Equipment 
within certain Equipment Class shall be 
so constructed that: 
(a) misuse of network resources 
causing an unacceptable 
deterioration of service is 
prevented; 
and/or that 
(b) it interworks via network(s) and 
can be ported between ONTPs of 
the same type in the Community; 
and/or that 
(c) it contains safeguards to ensure 
that the individual privacy of the 
user is protected ; 
and/or that 
(d) it supports certain features, 
ensuring access to safety and 
emergency services ; 
In the interest of people with special 
needs and in accordance with the 
procedure laid down in Article 12, the 
13 
Commission may decide that Terminal 
equipment, which may be used by 
people with special needs shall support 
certain features. 
Article 4 
Identification of relevant specific essential 
requirements Article 4 
Publication of specifications of interface 
points 
JL The Commission shall identify the specific 
essential requirements applicable to each 
CTE type in accordance with the 
procedure laid down in Article 12. In 
selecting the applicable essential 
requirements, the Commission shall give-
as appropriate, due consideration to: 
(a) protection of health, 
(b) features for users with disabilities. 
(c) features for emergency and security 
services. 
(d) protection of individual privacy, 
The applicable specific essential 
requirements shall be published in the 
Official Journal of the European 
Communities. 
Member States shall notify the 
Commission of the types of ONTP which 
are available or due to become available as 
soon as they are aware of them. In turn, the 
Commission shall inform the Committee 
referred to in Article 12 (hereinafter 
referred to as "the Committee") of existing 
and planned ONTP types. 
Member States shall ensure that the 
operators of all networks publish and 
regularly update, accurate and adequate 
technical specifications of the available 
ONTPs and the CTE types supported. The 
specifications should be in sufficient detail 
to permit the design of compatible CTE. Member States shall notify the 
Commission of the radio interfaces they 
have regulated unless they have been 
notified pursuant to the provisions of 
Directive 83/189/EEC. After consulting 
the Committee provided for in Article 
12, the Commission shall establish the 
equivalence between the interfaces 
notified and shall determine an 
equipment category indicator, which 
shall be published in the Official 
Journal of the European Communities. 
Member States shall notify the 
Commission of the types of ONTP 
which are used by networks offering 
services to the public. Member States 
shall ensure that the operators of 
networks offering services to the public 
publish and regularly update accurate 
and adequate technical specifications 
14 
concerning these network termination 
points. These specifications should be 
in sufficient detail to permit the design 
of compatible terminal equipment 
Article 5 
Harmonized standards 
When CTE meets the relevant harmonized 
standards whose reference numbers have 
been published in the Official Journal of 
the European Communities, Member 
States shall presume compliance with 
those of the essential requirements referred 
to in Article 3 and Article 4 as are covered 
in these standards. At the choice of the 
manufacturer and, in particular, in the 
absence of a harmonized standard. 
compliance with the relevant essential 
requirements can be demonstrated by 
means of compliance with a technical 
specification appropriate to the relevant 
essential requirements. 
2. Where a Member State or the 
Commission considers that a 
harmonized standard referred to in 
paragraph 1 does not conform to the 
selected specific essential 
requirements referred to in Article 
3m and Article 4(1). the 
Commission or the Member State 
concerned shall bring the matter 
before the Committee and initiate the 
procedures described in Article 12. 1. When R&TTE meets the relevant 
harmonized standards whose reference 
numbers have been published in the 
Official Journal of the European 
Communities, Member States shall 
presume compliance with those of the 
essential requirements referred to in 
Article 3 and Article 4 as are covered in 
these standards. At the choice of the 
manufacturer compliance with the 
relevant essential requirements can be 
demonstrated by means of compliance 
with a technical specification 
appropriate to the relevant essential 
requirements in accordance with the 
procedures provided for in Article 9(4). 
2. Where a Member State or the 
Commission considers that a 
harmonized standard or a specification 
referred to in paragraph 1 does not 
conform to the selected specific 
essential requirements referred to in 
Article 3, which it intends to cover, the 
Commission or the Member State 
concerned shall bring the matter before 
the Committee. 
After consulting the Committee, and in 
accordance with the procedure provided for in 
Article 12, the Commission may circulate 
guidelines concerning the interpretation of the 
harmonized standard and may publish a list 
of the corrections made to the harmonized 
standard, pending formal correction thereof. 
After consulting the Committee, and in 
accordance with the procedure provided for in 
Article 12, the Commission may withdraw 
the harmonized standards from publication in 
the Official Journal of the European 
Communities. 
15 
Article 6 
Placing on the market and putting into service 
Member States shall ensure that CTE 
which complies with the appropriate 
essential requirements identified in Article 
3(1) and (2) and Article 4(1) is permitted 
to circulate freely and is not subject to 
further national regulation. Where the 
specific essential requirements for a type 
of CTE have not yet been determined, a 
manufacturer shall not be subject to 
national regulation and may place the CTE 
on the market provided he complies with 
the general essential requirements 
identified in Article 3(1). CTE which 
complies with the essential requirements 
applicable at the time of first placing on 
the market can continue to be placed on 
the market. 
Member States shall ensure that 
connection of CTE to appropriate ONTPs 
is not refused on the grounds of technical 
incompatibility when the CTE complies 
with the requirements of Article 3. 
Member States shall ensure that, when 
placed on the market, CTE is accompanied 
by documentation informing the potential 
purchaser or user of the CTE that the 
equipment complies with the relevant 
essential requirements and of any usage 
conditions resulting from the selection of 
essential requirements. These usage 
conditions should include, inter alia, the 
ONTP type(s) to which the CTE may be 
connected and any limitations on use made 
necessary by lack of harmonization of 
radio spectrum. 1. Member States shall ensure that 
R&TTE which complies with the 
appropriate essential requirements 
identified in Article 3 is permitted to 
circulate freely and is not subject to 
further national regulation. Where the 
specific essential requirements for a 
type of R&TTE have not yet been 
determined, a manufacturer shall not be 
subject to national regulation and may 
place the R&TTE on the market 
provided he complies with the general 
essential requirements identified in 
Article 3(1). R&TTE which complies 
with the essential requirements 
applicable at the time of first placing on 
the market can continue to be placed on 
the market. 
2. Member States shall ensure that 
network operators do not refuse 
connection of R&TTE to appropriate 
ONTPs on technical grounds when the 
equipment complies with the 
requirements of Article 3. 
3. Member States shall ensure that, when 
placed on the market, R&TTE is 
accompanied by documentation 
informing the potential purchaser or 
user of the R&TTE that the equipment 
complies with the relevant essential 
requirements and of any usage 
conditions resulting from the selection 
of essential requirements. These usage 
conditions should include, inter alia, 
the ONTP type(s) to which the R&TTE 
may be connected and any limitations 
on use made necessary by lack of 
harmonization of radio spectrum. 
4. Where a telecommunications operator 
can demonstrate that Apparatus, 
declared to be in conformity with this 
Directive causes damage to his network 
or is not being used properly, the 
surveillance authority may authorize 
16 
him to refuse connection of his 
equipment to his network. Member 
States shall notify the Commission of 
such authorizations. 
Article 7 
Non-compliance 
Where a Member State finds that CTE 
being placed on the market in its territory 
does not comply with the essential 
requirements relevant to the CTE type, it 
shall take all appropriate measures to 
withdraw such products from the market 
and prohibit their being placed on 
the market. 1. Where a Member State ascertains that 
equipment within the scope of this 
Directive does not comply with the 
requirements referred to in Article 3. it 
shall take all appropriate and 
proportionate measures in its terrotory 
to avoid the consequences of such non­
compliance, such as authorizing the 
operators to refuse to connect the 
equipment from their networks, 
withdrawing the equipment from the 
market, prohibiting its placing on the 
market or restricting its free movement. 
The Member State concerned shall 
immediately notify the Commission of all 
decisions relating \Q non-COmplianCC 
indicating the reasons for its decision and 
whether non-compliance is due to: 
(a) incorrect application of the 
harmonized standards referred to in 
Article 5, 
(b) shortcomings in the harmonized 
standards referred to in Article 5, 
(c) use of an inappropriate technical 
specification, The Member State concerned shall 
immediately notify the Commission 
and other Member States of any such 
measures indicating the reasons for its 
decision and whether non-compliance is 
due to: 
(a) incorrect application of the 
harmonized standards referred to 
in Article 5, 
(b) shortcomings in the harmonized 
standards referred to in Article 5, 
(c) failure to satisfy the requirements 
referred to in Article 3. where the 
equipment does not meet the 
standards referred to in Article 
Where the decision referred to in 
paragraph 1 is attributed to incorrect 
application of the harmonized standards 
referred to in Article 5 or a failure to 
satisfy those requirements, when the 
equipment does not meet the standards 
referred to in Article 5(1). the 
Commission shall consult the parties 
concerned as soon as possible. If the 
Commission finds. after such 
consultations, that the action is 
17 
justified, it shall immediately inform 
the Member State that took the action 
and the other Member States 
accordingly. 
Where the non-compliance referred to in 
paragraph 2 is attributed to shortcomings 
in the harmonized standards applicable, 
the Commission shall bring the matter 
before the Committee within two months 
of the date of notification bv the Member 
State. 
The Commission shall keep the Member 
State informed of the progress and 
outcome of any procedure initiated 
pursuant to paragraph 3. 
4. Where the decision referred to in 
paragraph 1 is attributed to 
shortcomings in the harmonized 
standards, the Commission shall bring 
the matter before the Committee within 
two months. The Committee shall 
deliver an opinion in accordance with 
the procedure laid down in Article 12. 
If the Commission finds, after such 
consultations, that the action IS 
justified, it shall immediately inform 
the Member State that took the action 
and other Member States and shall 
initiate the procedures referred to in 
Article 5(2). 
The Commission shall keep the 
Member State informed of the progress 
and outcome of any procedure initiated 
pursuant to paragraph 3. 
The Commission shall maintain a 
record of the cases notified by Member 
SlaiÊS* 
Article S 
Liability for non-compliance 
Manufacturers QL their authorized 
representatives established within the 
Community who place products on the 
Community market which do not comply 
with the applicable essential requirements 
shall be liable for damage as described in 
Article 9 of Directive 85/374/EEC and for 
direct economic damage suffered as a 
consequence of the non-compliance. The 
economic damage shall not include any 
anticipated profits. 
Manufacturers or their authorized 
representatives established within the 
Community shall not be liable for the 
damages referred to in paragraph 1 if they 
can prove that the essential requirement(s) 
with which their product does not comply 
had not been identified pursuant to Article 
18 1. Manufacturers, their authorized 
representatives established within the 
Community or in their absence the 
responsible person, who place products 
on the Community market which do not 
comply with the applicable essential 
requirements shall be liable for damage 
as described in Article 9 of Directive 
85/374/EEC and for direct economic 
damage suffered as a consequence of 
the non-compliance. The economic 
damage shall not include any 
anticipated profits. 
2. Manufacturers, their authorized 
representatives established within the 
Community or in their absence the 
responsible person, who place products 
on the Community market shall not be 
4 at the time when the equipment was 
placed on the market. liable for the damages referred to in 
paragraph 1 if they can prove that the 
essential requirement(s) with which 
their product does not comply had not 
been identified pursuant to Article 4 at 
the time when the equipment was 
placed on the market. 
Article 9 
Conformity assessment procedures 
The conformity assessment procedures 
identified in this Article will be used to 
demonstrate the compliance of the CTE 
with all the relevant essential requirements 
identified in Article 3(1) and (2) and 
Article 4(1). 
CTE which does not make use of the 
spectrum allocated to terrestrial/space 
radio communication shall be subject to 
internal production control, as described in 
Annex I. 
CTE which docs make use of the spectrum 
allocated to terrestrial/space radio 
communication shall be subject to internal 
production control and specific product 
tests, as described in Annex II. 
The records and correspondence relating to 
the production control procedures referred 
to in paragraphs 2 and 3 shall be in an 
official language of the Member State 
where the said procedure will be carried 
out, or in a language accepted by the 
notified body involved. 1. The conformity assessment procedures 
identified in this Article will be used to 
demonstrate the compliance of the 
R&TTE with all the relevant essential 
requirements identified in Article 3. 
2. R&TTE which does not make use of 
the spectrum allocated to 
terrestrial/space radio communication 
shall be subject to internal production 
control, as described in Annex I. 
3. R&TTE which does make use of the 
spectrum allocated to terrestrial/space 
radio communication shall be subject to 
internal production control and specific 
product tests, as described in Annex II. 
4. The records and correspondence 
relating to the production control 
procedures referred to in paragraphs 2 
and 3 shall be in an official language of 
the Member State where the said 
procedure will be carried out, or in a 
language accepted by the notified body 
involved. 
Article U 
CE marking 
CTE complying with the relevant essential 
requirements shall bear the CE conformity 
marking referred to in Annex IV. It shall 
be affixed by the manufacturer or his 
authorized representative within the 
Community. Where appropriate, it shall be 
accompanied by the identification number 
of the notified body referred to in Article 
10(2). Any other marking may be affixed 
to the equipment provided that the 
visibility and legibility of the CE marking 1 R&TTE complying with all the relevant 
essential requirements and all the 
Directives applicable to it shall bear the 
CE conformity marking referred to in 
Annex IV. It shall be affixed by the 
manufacturer or his authorized 
representative within the Community. 
Where appropriate, it shall be 
accompanied by the identification 
number of the notified body referred to 
in Article 10(2) and of an equipment 
class identifier. Any other marking may 
19 
is not thereby reduced. 
No CTE. whether it complies with the 
relevant essential requirements or not, may 
bear any other marking which is likely to 
deceive third parties as to the meaning and 
form of the CE marking specified in 
Annex IV. 
The competent Member State shall take 
appropriate action against any person who 
has affixed marking not in conformity with 
paragraphs 1 and 2. If the person who 
affixed the marking is not identifiable, the 
action shall be taken against the holder of 
the CTE when non-compliance was 
discovered. 
CTE 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. be affixed to the equipment provided 
that the visibility and legibility of the 
CE marking is not thereby reduced. 
No R&TTE, whether it complies with 
the relevant essential requirements or 
not, may bear any other marking which 
is likely to deceive third parties as to 
the meaning and form of the 
CE marking specified in Annex IV. 
The competent Member State shall take 
appropriate action against any person 
who has affixed marking not in 
conformity with paragraphs 1 and 2. If 
the person who affixed the marking is 
not identifiable, the action shall be 
taken against the holder of the R&TTE 
when non-compliance was discovered. 
R&TTE 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 
bearing liability in the event of non­
compliance with essential requirements. 
Article 12 
Constitution and procedures 
The Commission shall be assisted by a 
Committee, the Telecommunication 
Conformity Assessment and Market 
surveillance committee (TCAM), of an 
advisory nature composed of the 
representatives of the Member States and 
chaired by the representative of 
the Commission. 
The Committee shall be consulted on the 
matters covered by Articles 4, 5 and 2. 
The Committee may be consulted, where 
necessary, on the effectiveness of the 
surveillance tasks related to the operation 
of this Directive. 
The representative of the Commission 
shall submit to the Committee a draft of 
the measures to be taken. The Committee 
shall deliver its opinion on the draft, 1. The Commission shall be assisted by a 
Committee, the Telecommunication 
Conformity Assessment and Market 
surveillance committee (TCAM), of an 
advisory nature composed of the 
representatives of the Member States 
and chaired by the representative of 
the Commission. The Commission 
shall consult the representatives of the 
telecommunications network providers, 
the consumers and the manufacturers 
on a continuous basis. It shall keep the 
Committee regularly informed of the 
outcome of such consultations. 
2. The Committee shall be consulted on 
the matters covered by Articles 3, 4, 5 
and 6. 
3. The Committee may be consulted, 
where necessary, on the effectiveness of 
20 
L. 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 shall be recorded in the 
minutes; in addition, each Member State 
shall have the right to ask to have its 
position recorded in the minutes. 
The Commission shall take the utmost 
account of the opinion delivered by the 
Committee. It shall inform the Committee 
of the manner in which its opinion has 
been taken into account and decide within 
one month after having received the 
opinion of the Committee. 
The Commission shall periodically consult 
the representatives ol the 
telecommunications networks providers. 
the consumers and the manufacturers. It 
shall keep the Committee regularly 
informed of the outcome of such 
consultations. the surveillance tasks related to the 
operation of this Directive. 
The representative of the Commission 
shall submit to the Committee a draft of 
the measures to be taken. The 
Committee shall deliver its opinion on 
the draft, within a time-limit which the 
chairman may lay down according to 
the urgency of the matter, if necessary 
by taking a vote. 
The opinion shall be recorded in the 
minutes; in addition, each Member 
State shall have the right to ask to have 
its position recorded in the minutes. 
The Commission shall take- the utmost 
account of the opinion delivered by the 
Committee. It shall inform the 
Committee of the manner in which its 
opinion has been taken into account and 
decide within one month after having 
received the opinion of the Committee. 
Article 13 
Review and reporting 
The Commission shall review the operation of 
this Directive and report thereon to the 
European Parliament and to the Council, on the 
first occasion not later than [31 December 1999] 
and every third year thereafter. This review shall 
inter alia assess whether the scope of the 
Directive should be maintained or should be 
reduced taking account of technical 
development. The report shall cover progress on 
drawing up the relevant standards, as well as any 
problems that have arisen in the course of 
implementation. The report shall also outline the 
activities of the Committee, and assess progress 
in achieving an open competitive market for 
CTE at Community level. It shall in particular 
examine whether essential requirements are still 
necessary for all categories of terminal 
equipment covered. The Commission shall review the operation 
of this Directive and report thereon to the 
European Parliament and to the Council, on 
the first occasion not later than [31 December 
1999] and every third year thereafter. This 
review shall inter alia assess whether the 
scope of the Directive should be maintained 
or should be reduced taking account of 
technical development and how the 
regulatory framework for placing on the 
market and putting into service of radio and 
telecommunications terminai equipment 
should be developed to 
a) ensure that a coherent system is 
achieved at Community level for all 
radio and telecommunications terminal 
equipment; 
b) allow for convergence of 
telecommunications, audiovisual and 
21 
c) information technology sectors; 
enable harmonisation of regulatory 
measures at an international level. 
The report shall cover progress on drawing up 
the relevant standards, as well as any 
problems that have arisen in the course of 
implementation. The report shall also outline 
the activities of the Committee, and assess 
progress in achieving an open competitive 
market for R&TTE at Community level. It 
shall in particular examine whether essential 
requirements are still necessary for all 
categories of terminal equipment covered. 
Article 14 
Transitional provisions 
1. The harmonized standards or parts thereof 
identified through Common Technical 
Regulations adopted under Directive 
91/263/EEC or Directive 93/97/EEC may 
be used as the basis for a presumption of 
conformity with the specific essential 
requirements referred to Article 3(2) and 
Article 4(1) until such time as the 
Commission indicates, by publication in 
the Official Journal of the European 
Communities^ that thev are no longer 
applicable. 
2. Any measure adopted by Member States in 
accordance with Directive 91/263/EEC or 
Directive 93/97/EEC shall continue to be 
valid. 1. The harmonized standards or parts 
thereof identified through Common 
Technical Regulations adopted under 
Directive 91/263/EEC or Directive 
93/97/EEC may be used as the basis for 
a presumption of conformity with the 
specific essential requirements referred 
to Article 3. The Commission shall 
publish a list of references to these 
standards in the Official Journal of the 
European Communities immediately 
after this Directive comes into force. 
2. Any measure adopted by Member 
States in accordance with Directive 
91/263/EEC or Directive 93/97/EEC 
shall continue to be valid. 
Article 16 
Repeal 
Directive 91/263/EEC, Directive 97/97/EEC and 
Article 11 of Directive 93/68/EEC âEg 
hereby repealed. From the entry into force of the present 
Directive 91/263/EEC, Directive 93/97/EEC 
and Article 11 of Directive 93/68/EEC shall 
no longer be applicable. 
22 
ISSN 0254-1475 
COM(98) 176 final 
DOCUMENTS 
EN 15 16 01 10 
Catalogue number : CB-CO-98-176-EN-C 
ISBN 92-78-32333-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
22.