No C 322/4 Official Journal of the European Communities 2.12.87 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation extending the period referred to in Articles 90 (1) and 
257 (1) of the Act of Accession of Spain and Portugal 
COM(87) 539final 
(Submitted by the Commission to the Council on 10 November 1987). 
(87/C 322/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Articles 90 (2) and 257 (2) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas Articles 90 (1) and 257 (1) of the Act of 
Accession provide, in the case of Spain and Portugal 
respectively, that transitional measures may be adopted 
during a certain period in order to facilitate the passage 
from the national arrangements applicable at the time of 
accession to the EEC market arrangements applicable 
under the Act, particularly in order to deal with 
appreciable difficulties arising from the application of the 
new arrangements on the scheduled date; whereas the 
period in question expires on 31 December 1987; 
Whereas those difficulties cannot, in the case of certain 
groups of products, be overcome by the scheduled date; 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100A 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, whereas the period in question should therefore be 
extended as authorized under the Act; whereas, since the 
difficulties experienced have not been the same in both 
Member States and have varied according to the group 
of products concerned, the transitional period should be 
extended by two years in the case of Spain and three 
years in the case of Portugal, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The period which is referred to in Article 90 (1) of the 
Act of Accession and which is applicable with regard to 
Spain is hereby extended until 31 December 1989. 
The period which is referred to in Article 257 (1) of the 
Act of Accession and which is applicable with regard to 
Portugal is hereby extended until 31 December 1990. 
Article 2 
This Regulation shall enter into force on 1 January 1988. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to adopt measures for the 
progressive establishment of the internal market during a 
period expiring on 31 December 1992; whereas the 
internal market signifies an area without internal 
frontiers in which the free movement of goods, persons, 
services and capital is guaranteed; Proposal for a Council Directive on the approximation of the laws of the Member States 
relating to electromagnetic compatibility 
COM(87) 527final 
(Submitted by the Commission to the Council on 12 November 1987) 
(87/C 322/06) 
2.12. 87 Official Journal of the European Communities No C 322/5 
Whereas Member States have the responsibility of 
providing adequate protection for radiocommunications 
and the devices, apparatus or systems whose per­
formance may be degraded by electromagnetic 
disturbance produced by electrical and electronic 
apparatus against the degradation caused by such dis­
turbances; 
Whereas Council Directive 86/361/EEC of 24 July 1986 
on the initial stage of the recognition of type approval 
for telecommunications terminal equipment (') covers, in 
particular, the signals emitted by such equipment when it 
is operating normally and the protection of public 
telecommunications networks from harm; whereas it is 
therefore still necessary to provide adequate protection 
for these networks, including the equipment connected 
to them, against temporary disturbances caused by 
signals of an accidental nature that may be emitted by 
this equipment; 
Whereas in some Member States mandatory provisions 
define, in particular, the permissible electromagnetic 
disturbance levels that this equipment is liable to cause 
and its degree of immunity to such signals; whereas these 
mandatory provisions do not necessarily lead to different 
protection levels from one Member State to another but 
do by their disparity hinder trade within the Community; 
Whereas the national provisions ensuring such protection 
must be harmonized in order to guarantee the free 
movement of electrical and electronic apparatus without 
lowering existing and justified levels of protection in the 
Member States; 
Whereas Community legislation as it stands at present 
provides that, notwithstanding one of the fundamental 
rules of the Community, namely the free movement of 
goods, barriers to intra-Community trade resulting from 
disparities in national laws on the marketing of products 
had to be accepted in so far as those provisions may be 
recognized as necessary to satisfy essential requirements; 
whereas the harmonization of laws in the present case 
must therefore be confined to those provisions needed to 
comply with the protection objectives relating to electro­
magnetic compatibility; whereas these requirements must 
replace the corresponding national provisions; 
Whereas this Directive therefore defines only protection 
objectives' relating to electromagnetic compatibility; 
whereas to facilitate proof of conformity with these 
objectives it is important to have harmonized standards 
at European level concerning electromagnetic 
compatibility, so that products complying with them may 
be assumed to comply with the protection objectives; 
whereas these standards harmonized at European level 
are drawn up by private bodies and must remain non-
mandatory texts; whereas for that purpose the European 
Committee for Electro-technical Standardization (C) is 
(') OJNoL217,5. 8. 1986, p. 21. recognized as the competent body in the area of this 
Directive for the adoption of harmonized standards in 
accordance with the general guidelines for cooperation 
between the Commission and the European Committee 
for Standardization (CEN) and Cenelec signed on 13 
November 1984; whereas for the purposes of this 
Directive a harmonized standard is a technical 
specification (European standard or harmonization 
document) adopted by Cenelec upon a remit from the 
Commission in accordance with the provisions of 
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) and 
pursuant to the abovementioned general guidelines; 
Whereas, pending the adoption of harmonized 
standards, for the purposes of this Directive, it is 
desirable to facilitate the free movement of goods by 
accepting within the Community products in conformity 
with the selected national standards, as a transitional 
measure, through a Community inspection procedure 
ensuring that the national standards satisfy the protection 
objectives of this Directive; 
Whereas the manufacturer's declaration of conformity 
accompanying the apparatus constitutes a presumption of 
its conformity with this Directive; 
Whereas for apparatus covered by Directive 
83/361/EEC in order to obtain efficient protection as 
regards electromagnetic compatibility, compliance with 
the provisions of this Directive should nevertheless be 
certified by marks or certificates of conformity issued by 
bodies notified by the Member States; whereas to facili­
tate the mutual recognition of marks and certificates 
issued by these bodies the criteria to be taken into 
consideration for appointing them should be 
harmonized; 
Whereas it is nevertheless possible that equipment might 
disturb radiocommunications and telecommunications 
networks; whereas provision should therefore be made 
for a procedure to reduce this hazard; 
Whereas this Directive applies to the appliances and 
equipment covered by Council Directives 76/889/ 
EEC (3) and 76/890/EEC (4) which relate to the approxi­
mation of the laws of the Member States relating to 
radio interference caused by electrical household 
appliances, portable tools and similar equipment and to 
the suppression of radio interference with regard to 
fluorescent lighting luminaires fitted with starters; 
whereas those Directives should therefore be repealed, 
O OJ No L 109, 26. 4. 1983, p. 8. 
(J) OJ No L 336, 4. 12. 1976, p. 1. 
(4) OJ No L 336, 4. 12. 1976, p. 22. 
No C 322/6 Official Journal of the European Communities 2.12.87 
HAS ADOPTED THIS DIRECTIVE: Article 4 
Article 1 
For the purposes of this Directive: 
1. 'Apparatus' means all electrical and electronic 
appliances together with equipment and installations 
containing electrical and/or electronic components. The apparatus referred to in Article 2 shall comply with 
the following protection objectives: 
(a) the electromagnetic disturbance it generates shall not 
exceed a level allowing radio and telecommuni­
cations equipment and other apparatus to operate as 
intended; 
(b) the apparatus shall have an adequate level of intrinsic 
immunity to electromagnetic disturbance. 
'Electromagnetic disturbance' means any electro­
magnetic phenomenon which may degrade the per­
formance of a device, equipment or system, or 
adversely affect living or inert matter. An electro­
magnetic disturbance may be electromagnetic noise, 
an unwanted signal or a change in the propagation 
medium itself. 
3. 'Immunity' means the ability of a device, equipment 
or system to perform without degradation in the 
presence of an electromagnetic disturbance. 
'Electromagnetic compatibility' means the ability of a 
device, equipment or system to function satisfactorily 
in its electromagnetic environment without intro-
disturbances to ducing intolerable electromagnetic 
anything in that environment. 
Article 2 
1. This Directive applies to apparatus liable to cause 
electromagnetic disturbance or the performance "of which 
is liable to be affected by such disturbance. 
It defines the protection objectives and inspection pro­
cedures relating thereto. 
covered by Council Directive 
wheeled agricultural or forestry 2. Motor vehicles 
72/245/EEC C) and 
tractors covered by Council Directive 75/322/EEC (2) 
do not fall within the scope of this Directive. Article 5 
Member States shall not impede the placing on the 
market and the taking into service on their territory of 
apparatus which satisfy the requirements of this 
Directive. 
Article 6 
The provisions of this Directive shall not prevent the 
application of special measures concerning the use of 
apparatus taken in each Member State in order to 
protect reception in the case of public-service stations or 
emergency operations. 
The Member States shall inform the Commission of the 
special measures they have taken. 
Article 7 
1. Member States shall presume compliance with the 
protection objectives referred to in Article 4 in the case 
of apparatus accompanied by one of the means of 
attestation described in Article 10 declaring that they are 
in conformity: 
(a) with the relevant national standards transposing the 
harmonized standards, the reference numbers of 
which have been published in the Official Journal of 
the European Communities; Member States shall 
publish the reference numbers of such national 
standards; 
(b) or with the relevant national standards referred to in 
paragraph 2 in so far as, in the areas covered by such 
standards, no harmonized standards exist. 
Article 3 
Member States shall take all necessary measures to 
ensure that apparatus as referred to in Article 2 may be 
placed on the market and taken into service only if it 
complies with the objectives laid down by this Directive 
when it is properly installed and maintained and when it 
is used for the purposes for which it is intended. 
(') OJNoL 152,6. 7. 1972, p. 15. 
(2) OJNoL 147,9.6. 1975, p. 28. 2. Member States shall communicate to the 
Commission the texts of their national standards, as 
referred to in paragraph 1 (b), which they regard as 
complying with the protection objectives referred to in 
Article 4. The Commission shall forward such texts 
forthwith to the other Member States. In accordance 
with the procedure provided for in Article 8 (2), it shall 
notify the Member States of those national standards in 
respect of which there is a presumption of conformity 
with the protection objectives referred to in Article 4. 
Member States shall publish the reference numbers of 
those standards. The Commission shall also publish them 
in the Official Journal of the European Communities. 
2. 12.87 Official Journal of the European Communities No C 322/7 
3. Member States shall accept that where the manu­
facturer has not applied, or has applied only in part, the 
standards referred to in paragraph 1, or where no such 
standards exist, apparatus shall be regarded as satisfying 
the objectives referred to in Article 4 where their 
conformity with those objectives has been certified by 
the means of attestation provided for in Article 10 (2). 
Article 8 
1. Where a Member State or the Commission 
considers that the harmonized standards referred to in 
Article 7 (1) (a) do not entirely satisfy the objectives 
referred to in Article 4, the Member State concerned or 
the Commission shall bring the matter before the 
Standing Committee set up by Directive 83/189/EEC, 
hereinafter referred to as 'the Committee', giving the 
reasons therefor. The Committee shall deliver an opinion 
without delay. 
Upon receipt of the Committee's opinion, the 
Commission shall inform the Member States whether or 
not it is necessary to withdraw those standards from the 
publications referred to in Article 7 (1) (a). 
2. After receipt of the communication referred to in 
Article 7 (2) the Commission shall consult the 
Committee. Upon receipt of the latter's opinion, the 
Commission shall inform the Member States whether or 
not the national standard in question shall enjoy the 
presumption of conformity and, if so, that the references 
thereof shall be published nationally. 
If the Commission or a Member State considers that a 
national standard no longer satisfies the necessary 
conditions for presumption of compliance with the 
objectives referred to in Article 4, the Commission shall 
consult the Committee. Upon receipt of the latter's 
opinion, the Commission shall inform the Member States 
whether or not the standard in question shall continue to 
enjoy a presumption of conformity and, if not, that it 
must be withdrawn from the publications referred to in 
Article 7 (2). 
Article 9 
1. Where a Member State ascertains that an apparatus 
accompanied by one of the means of attestation provided 
for in Article 10 does not comply with the protection 
objectives referred to in Article 4, it shall take all appro­
priate measures to withdraw the apparatus from the 
market, prohibit its placing on the market or restrict its 
free movement. 
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) failure to satisfy the objectives referred to in Article 
4, where the apparatus does not meet the standards 
referred to in Article 7 (1); (b) incorrect application of the standards referred to in 
Article 7 (1); 
(c) shortcomings in the standards referred to in Article 7 
(1) themselves. 
2. The Commission shall consult the parties concerned 
as soon as possible. If the Commission finds, after such 
consultations, that the action is justified, it shall 
forthwith inform the Member State that took the action 
and the other Member States. 
Where the decision referred to in paragraph 1 is 
attributed to shortcomings in the standards, the 
Commission, after consulting the parties concerned, shall 
bring the matter before the Committee within two 
months if the Member State with has taken the measures 
intends to uphold them and shall initiate the procedures 
referred to in Article 8. 
3. , Where apparatus which does not comply is 
accompanied by one of the means of attestation referred 
to in Article 10, the competent Member State shall take 
appropriate action against the author of the attestation 
and shall inform the Commission and the other Member 
States thereof. 
4. The Commission shall ensure that the Member 
States are kept informed of the progress and outcome of 
this procedure. 
Article 10 
1. The conformity of apparatus with the protection 
objectives in Article 4 shall be certified by a declaration 
of conformity issued by the manufacturer or his agent 
established within the Community, which shall appear in 
the instructions for use or on the guarantee certificate, 
the apparatus itself or the packaging. A model 
declaration is given in Annex I. 
2. In the case of apparatus for which the manufacturer 
has not applied, or has applied only in part, the 
standards referred to in Article 7 (1), or where no such 
standards exist, the manufacturer or his agent established 
within the Community shall, in addition to the 
declaration of conformity referred to in paragraph 1, 
hold at the disposal of the competent national authority 
a technical file setting out the procedures used to ensure 
conformity of the apparatus with the protection 
objectives referred to in Article 4. 
3. Notwithstanding paragraph 1, conformity of 
apparatus covered by Directive 86/361/EEC with the 
protection objectives referred to in Article 4 shall be 
certified by certificates or marks of conformity issued by 
bodies notified by each Member State to the other 
Member States and to the Commission. 
No C 322/8 Official Journal of the European Communities 2.12.87 
4. Each Member State shall notify the Commission 
and the other Member States of the bodies responsible 
for issuing certificates and marks of conformity. The 
Commission shall publish a list of those bodies, for infor­
mation purposes, in the Official Journal of the European 
Communities and shall ensure that the list is updated. 
Annex II sets out the minimum criteria which the 
Member States must meet as regards the approval of 
certification bodies. These criteria shall be applicable 
only until European standards on the subject have been 
adopted by the European standards institutions. 
5. A Member State which has approved an inspection 
body must withdraw approval if it finds that the body no 
longer meets the criteria listed iri Annex II. It shall 
forthwith inform the Commission and the other Member 
States thereof. Article 11 
Directive 76/889/EEC and Directive 76/890/EEC shall 
be repealed on 1 January 1990. 
Article 12 
1. Member States shall bring into force the laws, regu­
lations and administrative provisions necessary in order 
to comply with this Directive by 1 January 1990. They 
shall inform the Commission thereof. 
2. Member States shall ensure that the texts of the 
provisions of national law which they adopt in the field 
covered by this Directive are communicated to the 
Commission. 
Article 13 
This Directive is addressed to the Member States. 
2.12.87 Official Journal of the European Communities No C 322/9 
ANNEX I 
RECOMMENDED EXAMPLE OF A FORM OF DECLARATION OF CONFORMITY 
We 
(Suppliers name) 
(Address) 
declare under our sole responsibility that the product 
(Name; type or model; lot, batch or serial number; possibly sources and numbers of items) 
to which this declaration relates is in conformity with the following specification(s) 
(Title) (No) (Year) 
(Class) (Category (if applicables)) 
(Name of the authorized officer) 
(Function of the authorized officer) 
(Date) 
(Signature) 
No C 322/10 Official Journal of the European Communities 2.12.87 
ANNEX II 
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES WHEN 
APPOINTING INSPECTION BODIES 
1. The certification body, its director and the staff responsible for carrying out the verification tests shall 
not be the designer, manufacturer, supplier or installer of apparatus which they test, nor the authorized 
representative of any of those parties. They shall not become directly involved in the design, construc­
tion, marketing or maintenance of the apparatus, nor represent the parties engaged in these activities. 
This does not preclude the possibility of exchanges of technical information between the manufacturer 
and the certification body. 
2. The certification body and its staff must carry out the verification tests with the highest degree of 
professional integrity and technical competence and must be free from all pressures and inducements, 
particularly financial, which might influence their judgment or the results of the certification, especially 
from persons or groups of persons with an interest in the result of verifications. 
3. The certification body must have at its disposal the necessary staff and possess the necessary facilities to 
enable it to perform properly the administrative and technical tasks connected with verification: it must 
also have access to the equipment required for special verification. 
4. The staff responsible for certification must have: 
— sound technical and professional training, 
— satisfactory knowledge of the requirements of the tests they carry out and adequate experience of 
such tests, 
— the ability to draw up the certificates, records and reports required to authenticate the performance 
of the tests. 
5. The impartiality of certification staff must be guaranteed. Their remuneration must not depend on the 
number of tests carried out nor on the results of such tests. 
6. The certification body must take out liability insurance unless its liability is assumed by the State in 
accordance with national law, or the Member State itself is directly responsible for the tests. 
7. The staff of the certification body is bound to observe professional secrecy with regard to all infor­
mation gained in carrying out its tasks (except vis-a-vis the competent administrative authorities of the 
State in which its activities are carried out) under this Directive or any provision of national law giving 
effect to it.