1. 4. 89 Official Journal of the European Communities No C 81/7 
II 
(Preparatory Acts) 
COMMISSION 
Re-examined proposal for a Council Directive on the approximation of the laws of the Member 
States relating to electromagnetic compatibility (') 
COM(89) 107 final — SYN 105 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 9 March 
1989) 
(89/C 81/11) 
Following the recommendation delivered at the second 
reading by the European Parliament, under the 
cooperation procedure, on the common position adapted 
by the Council with a view to adopt the directive on 
electromagnetic compatibility (2), the Commission has 
decided to amend its proposal as follows: 
1. Article 10, paragraph 2, is to read as follows: 
'(2) In the case of apparatus for which the manu­
facturer has not applied, or has applied only in part, 
the standards referred to in Article 7 (1) or failing 
such standards, the manufacturer or his authorized 
representative established within the Community shall 
hold a technical construction file at the disposal of the 
competent national authorithy, which shall be 
informed accordingly, as soon as the apparatus is 
placed on the market. This file shall describe the 
apparatus and set out the procedures used to ensure 
conformity of the apparatus with the protection 
requirements referred to in Article 4 and include a 
technical report certificate, one or other obtained 
from a competent body. 
(*) OJ No C 322, 2. 12. 1987, p. 4. 
O Council doc. 8774/88 of 4 November 1988. The file shall be held at the disposal of this competent 
authority for ten years following the placing of the 
apparatus on the market. 
Where neither the manufacturer nor his authorized 
representative is established within the Community, 
this obligation to keep a technical file available shall 
be the responsibility of the person who places the 
apparatus on the Community market. 
The conformity of apparatus with that described in 
the technical file shall be certified in accordance with 
the procedure laid down in paragraph 1. 
Member States shall presume, subject to the 
provisions of this paragraph, that such apparatus 
meets the protection requirements referred to in 
Article 4. 
2. Article 10, paragraph 4, is to read as follows: 
'(4) Conformity of telecommunications terminals 
subject to type approval according to Directive 
86/361/EEC with tho provisions of this directive shall 
be certified in accordance with the procecure laid 
down in paragraph 1 once the manufacturer or his 
authorized representative established within the 
Community has obtained an EC type-examination 
certificate concerning this apparatus issued by one of 
the notified bodies referred to in paragraph 6 of this 
Article. 
No C 81/8 Official Journal of the European Communities 1. 4. 89 
RECOMMENDATION 
concerning the common position of the Council on the proposal from the Commission fo a 
directive on the approximation of the laws of the Member States relating to electromagnetic 
compatability 
(Cooperation procedure: second reading) 
THE COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS AND INDUSTRIAL POLICY, 
— having regard to the common position of the Council (Doc. C2-192/88), 
Recommends that the European Parliament amend the common position as follows: 
AMENDMENTS OF THE COMMITTEE ON ECONOMIC 
COMMON POSITION OF THE COUNCIL AND MONETARY AFFAIRS AND INDUSTRIAL POLICY 
Amendment No 1 
Latter part of 11th whereas to read as follows: 
'... certificates of conformity issued by bodies notified 
by the Member States; whereas, to facilitate the mutual 
recognition of marks and certificates issued by these 
bodies, the criteria to be taken into consideration for 
appointing them thould be harmonized;' 
'2. In the case of apparatus for which the manu­
facturer has not applied, or has applied only in part, the 
standards referred to in Article 7 (1) or failing such 
standards, the manufacturer or his authorized represen­
tative established within the Community shall hold at the 
disposal of the relevant competent authorities, which 
shall be informed accordingly, as soon as the apparatus is 
placed on the market, a technical construction file. This 
file shall describe the apparatus and set out the 
procedures used to ensure conformity of the apparatus 
with the protection requirements referred to in Article 4 
and include a technical report certificate, one or other 
obtained from a competent body.' '... certificates of conformity issued by bodies 
notified by the Member States; whereas these should 
be restricted to the electromagnetic requirements 
applicable at the electrical outlets intended to be 
connected to the public telecoms networks; whereas, 
to facilitate the mutual recognition af marks and 
certificates issued by these bodies, the criteria to be 
taken into consideration for appointing them should 
be harmonized;' 
Amendment No 2 
Articel 10, paragraph 2, to read as follows: 
'2. In the case of apparatus for which the manu­
facturer has not applied, or has applied only in part, 
the standards referred to in Article 7(1) or failing 
such standards, the manufacturer or his authorized 
representative established within the Community shall 
hold a technical construction file at the disposal of the 
competent national authority, which shall be informed 
accordingly, as soon as the apparatus is placed on the 
market. This file shall describe the apparatus and set 
out the procedures used to ensure conformity of the 
apparatus with the protection requirements referred 
to in Article 4. In the event of a dispute between the 
responsible authorities in a Member State and a 
manufacturer, a technical report or certificate shall be 
obtained from a competent body.' Articles 1 to 9 unchanged 
1. 4. 89 Official Journal of the European Communities No C 81/9 
COMMON POSITION OF THE COUNCIL 
'4. Conformity of apparatus covered by Article 2 (2) of 
Directive 86/361 /EEC with the provisions of this 
Directive shall be certified in accordance with the 
procedure laid down in paragraph 1 once the manu­
facturer or his authorized representative established 
within the Community has obtained an EC type-exam­
ination certificate concerning this apparatus issued by 
once of the notified bodies referred to in paragraph 6 of 
this Article.' 
Articles 11 an 
'— The EC conformity mark shall consist of the letters 
CE as set out below and the figures of the year in 
which the mark was affixed.' AMENDMENTS OF THE COMMITTEE ON ECONOMIC 
AND MONETARY AFFAIRS AND INDUSTRIAL POLICY 
Amendment No 3 
Article 10, paragraph 4, to read as follows: 
'4. Conformity of telecommunications terminals 
subject to type approval according to Directive 
86/361/EEC with the provisions of this Directive 
shall be certified in accordance with the procedure 
laid down in paragraph 1 once the manufacturer or 
his authorized representative established within the 
Community has obtained an EC type-examination 
certificate concerning this apparatus issued by one of 
the notified bodies referred to in paragraph 6 of this 
Article. This type-examination certificate shall be 
restricted to the electromagnetic requirements 
applicable at the electrical outlets intended to be 
connected to the public telecoms networks.' 
12 unchanged 
Amendment No 4 
Annex I, paragraph 2, first indent, to read as follows: 
'— The EC conformity mark shall consist of the 
letters CE as set out below and the figures of the 
year in which the mark was first affixed.'