Opinion of the Economic and Social Committee on the '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`

(96/C 204/02)

On 14 March 1996, the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 3 April 1996. The Rapporteur was Mr Mobbs.

At its 335th Plenary Session (meeting of 24 April 1996), the Economic and Social Committee adopted the following Opinion by 100 votes, 1 vote against and 4 abstentions.

1. Introduction

In 1987 the Commission decided that all legislative measures should be consolidated after no more than ten amendments, stressing that this was a minimum requirement and that it was necessary to consolidate at even shorter intervals.

In December 1994, the Council, Parliament and the Commission agreed that given no changes of substance to instruments affected by official codification, a fast-track accelerated procedure may be used for codification instruments.

The Commission proposal falls within the procedure above and combines two Directives into a single one:

- Council Directive 91/263 of 29 April 1991 concerning telecommunication terminal equipment, including the mutual recognition of their conformity, and

- Council Directive 93/97 of 29 October 1993 supplementing Directive 91/263 in respect of satellite earth equipment.

2. General comments

The Committee welcomes all actions which simplify Community texts and law which make for clearer and easier understanding.

The Commission states that only changes required as part of the consolidation have been made. However, examination of the text indicates that some words have been changed with significant effect on the meaning due to translation problems, printing errors and/or the need for clarification. This has been discussed with the Commission which is generally in agreement. Therefore, the Committee considers that the Commission should check the text.

3. Specific comments

3.1. Article 7

3.1.1. A number of Member States have already transposed Directive 91/263/EEC into national law, taking its Article 6 at face value. These Member States therefore only allow CE marking under Article 11 to be applied to terminals which have been type approved against a common technical regulation. This does not provide an alternative way of meeting the essential requirements of Article 4 (c to g inclusive).

3.1.2. Subsequently the Commission has clarified its interpretation of Article 6. Under this interpretation, the marking as laid down in Article 11 may be applied to terminals which meet the provisions of harmonized standards before they are transformed in common technical regulations (or, indeed, if they are never transformed).

3.1.3. This has created a discrepancy between Member States, in which some who have made an early transposition of the Directive, and which were accepted by the Commission as the correct transpositions, are at a disadvantage compared with those who have transposed after clarification from the Commission. Some Member States are able to give 'European` approvals under the Directive before others (who have this possibility precluded by their national law).

3.1.3.1. The Commission has said it will publish a statement in the Official Journal.

3.1.4. The Committee recommends that, since such a statement is not legally binding, the Commission take suitable early action which will have legal force to enable those Member States so affected to amend their national law.

3.2. Article 31

3.2.1. The Committee recommends that the Electromagnetic Compatibility Directive 89/336 (EMC Directive) be reissued as soon as possible to avoid confusion regarding the repealing of Article 10.4 as set out by Article 9.4 of Directive 91/263.

Done at Brussels, 24 April 1996.

The President

of the Economic and Social Committee

Carlos FERRER