12.9.85 Official Journal of the European Communities No C 232/9 
2.4.4. the creation of a suitable structure for arrangements that go beyond the framework of 
industrial standardization, depend on agreements concluded in particular fields of pro­
fessional activity and contribute to the efficient exchange of information (travel agency 
transactions, automation of money transactions, computerization of customs documents, 
etc.); 
2.4.5. measures to be taken in respect of production automation, office automation and micro­
computing which will affect interface standardization in particular; 
2.4.6. studies and projects relating specifically to standardization in the field of information 
technology. 
3. Measures relating to the application of standards in the public procurement sector 
3.1. Determination of the most efficient methods of ensuring the rapid application in the public 
procurement sector of the standards and technical specifications drawn up in the context of the 
abovementioned activities; 
3.2. Examination of the effects in the public procurement sector of the complete application of the 
relevant Community rules, involving in particular: 
— a comparison of the progress made by the European industry in the light of the measures taken 
by the Member States in connection with public procurement in the data-processing field, 
— collection of the necessary statistics, 
— promotion of equal conditions of access to Community public procurement contracts for under­
takings within the framework of Council Directive 77/62/EEC of 21 December 1976 coordi­
nating procedures for the award of public supply contracts; 
3.3. Coordination of national measures in respect of general systems evaluation and, in conjunction 
with national research centres in the data-processing field, the adoption of principles with a view to 
the definition of evaluation criteria; 
3.4. Examination of the possibility of establishing a number of principles to be applied in evaluating 
proposals; 
3.5. Examination of the possibility of establishing common principles for the definition of specifications; 
3.6. Coordination of the exchange of technical experience between national bodies responsible for 
public procurement and the promotion of such exchange through coordination of the activities of 
the national research centres in the data-processing field; 
3.7. Identification of topics likely to lead to the development of projects of common interest to public 
procurement agencies. 
Proposal for a Council Directive concerning the first phase of the establishment of the mutual 
recognition of type approval for telecommunications terminal equipment 
COM(85) 230 final 
(Submitted by the Commission to the Council on 30 May 1985) 
(85/C 232/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the opinion of the Economic and 
Social Committee, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the proposal from the Commission, Whereas the mutual recognition of type approval for 
telecommunications terminal equipment features in the 
Having regard to the opinion of the European communication from the Commission to the Council on 
Parliament, Telecommunications of 18 May 1984, in the 
No C 232/10 Official Journal of the European Communities 12.9.85 
recommendations of 12 November 1984 concerning the 
implementation of harmonization in the field of 
telecommunications and the first phase of opening up 
access to public telecommunications contracts, and in the 
conclusions of the Council meeting of 17 December 
1984 concerning a Community telecommunications 
policy; 
Whereas the market in telecommunications terminal 
equipment and use of the full potential of the new 
telecommunications services are of considerable 
importance for the economic development of the 
Community; 
Whereas it is absolutely essential to establish or 
consolidate a European industrial potential in the 
technologies concerned; 
Whereas it is highly desirable to make rapid progress 
towards establishing a common market in this sector, in 
particular, in order to offer the industry an improved 
base for its operations and to facilitate the adoption of a 
joint position with respect to non-member countries; 
Whereas the mutual recognition of type approval for 
terminal equipment constitutes a major step towards the 
establishment of a common market in this sector; 
Whereas, since situations differ and technical and 
administrative constraints exist in the Member States, 
progress towards this objective should be made in stages; 
whereas, in particular, the mutual recognition of type 
approval for terminal equipment produced in quantity 
should be preceded by an interim stage during which 
there is mutual recognition of conformity tests on such 
equipment; 
Whereas such an approach should be based on the 
definition of common technical specifications founded 
on international standards and specifications and on the 
harmonization of general technical requirements for 
testing, measuring and approval procedures in the areas 
of information technology and telecommunications; 
Whereas a general standardization programme is being 
implemented in the information technology and 
telecommunications sector; 
Whereas the Council Directive on standardization in the 
field of information technology and telecommuni­
cations (') provides a general framework for the 
drawing-up of standards or common technical 
specifications within which the work on telecommuni­
cations, because of its specific nature, should be 
organized more precisely and more fully with a view to 
the mutual recognition of the results of conformity tests 
on terminals; 
(l) Directive proposed on the same date. Whereas the Council Directives 73/23/EEC (2) 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 and 83/189/EEC (3) 
of 28 March 1983 laying down a procedure for the 
provision of information in the field of technical 
standards and regulations are applicable in particular to 
information technology and telecommunications; 
Whereas the Memorandum of Understanding between 
the European Conference of Postal and Telecommuni­
cations Administrations (CEPT) and the Commission 
concerning standards and type-approval for telecom­
munications equipment and the general guidelines agreed 
with the common European standardization organization 
CEN/CENELEC henceforth make it possible to entrust 
specialized technical harmonization work to those 
bodies; 
Whereas it is necessary to set up a Committee, with the 
task of assisting the Commission in implementing this 
Directive and in progressively establishing the mutual 
recognition of type approval for terminal equipment, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The mutual recognition of type approval for 
telecommunications terminal equipment produced in 
quantity shall be established by stages. Its first stage, 
which is the mutual recognition of the results of 
conformity tests on terminal equipment, shall be attained 
in accordance with the provisions of this Directive. 
Article 2 
For the purposes of this Directive: 
1. telecommunications administrations means the 
administrations or private operating agencies 
recognized in the Community and offering public 
telecommunications services; 
2. terminal equipment means equipment directly or 
indirectly connected to the extremities of a public 
telecommunications network to send, process or 
receive information; 
3. technical specification means a specification contained 
in a document which lays down the characteristics 
required of a product such as levels of quality, per­
formance, safety or dimensions, including the 
requirements applicable to the product as regards 
terminology, symbols, testing and test methods, 
packaging, marking and labelling; 
(*) OJ No L 77, 26. 3. 1973, p. 29. 
(») OJ No L 109, 26. 4. 1983, p. 8. 
12.9.85 Official Journal of the European Communities No C 232/11 
4. international technical specification in telecommuni­
cations means the technical specification of all or 
some characteristics of a product, recommended by 
such organizations as CCITT or CEPT; 
5. common technical specification means a technical 
specification which has been drafted with a view to 
uniform application in all the Member States of the 
Community; 
6. standard means a technical specification approved by 
a recognized standards body for repeated or 
continuous application, compliance with which is not 
compulsory; 
7. international standard means a standard adopted by a 
recognized international standards body; 
8. approved testing laboratory means a laboratory the 
conformity of which with the accreditation criteria 
established by specialized bodies (see in particular 
ISO guides 25 and 40) has been verified by the 
appropriate Member State and which is approved by 
that Member State to conduct conformity tests on 
terminal equipment; 
9. certificate of conformity means the document 
certifying that a product or service conforms to 
given standards or other technical specifications; 
10. type approval of terminal equipment means the auth­
orization delivered by the competent authority of a 
Member State to connect to a public network 
terminal equipment which has been recognized, on 
completion of tests carried out by approved labora­
tories, as being in conformity with a type-approval 
specification; 
11. conformity test specification means a specificatidn 
containing the essential technical characteristics of 
the relevant terminal equipment together with a 
precise definition of the methods for measuring each 
characteristic; the specification may also include 
requirements made necessary in a given State by 
historical network peculiarities or established 
national provisions concerning the use of radio 
frequencies; 
12. type approval specification means a specification 
setting out the full and precise requirements that 
must be satisfied by terminal equipment to be 
granted type approval and in particular the 
requirements covering the essential objectives of user 
safety (in compliance with Directive 73/23/EEC), 
network safety and the inter-working of terminals; it 
includes the conformity test specification and also 
administrative requirements and, where appropriate, 
requirements concerning quality control operations 
to be carried out during the manufacture of the 
equipment; 13. common conformity test specification means a 
conformity test specification used in all the 
Community Member States by the authority 
competent for testing the conformity of terminal 
equipment; it includes the definition of all the tests 
required by each of the Member States for that 
purpose; 
14. common type approval specification means a type 
approval specification which is used in all the 
Community Member States by all the authorities 
empowered to grant type approval for terminal 
equipment; 
15. mutual recognition of the results of conformity tests on 
terminal equipment means a situation where, when an 
approved laboratory or the competent authority in a 
Member State issues a certificate, accompanied by 
test data and identification details, stating that a 
terminal is in conformity with a common 
specification of conformity tests or a part thereof, 
that certificate is recognized in the other Member 
States, so that if the terminal in question is the 
subject of an application for type approval in another 
Member State, it no longer has to be subjected to 
the tests for verifying conformity with that 
specification, or with the part of that specification 
concerning the tests carried out; 
16. mutual recognition of type approval for terminal 
equipment means a situation where, when the 
competent authority of a Member State issues, on 
the basis of a common type approval specification, a 
type approval in respect of terminal equipment, that 
type approval is recognized in the other Member 
States, so that the terminal equipment can, without 
further technical verification, be connected to any 
Community network deemed to offer the service for 
which that terminal equipment was designed. It is 
assumed that the vendor will have set the terminal 
equipment to suit historical peculiarities of national 
networks or national provisions for radio-frequency 
spectrum use. 
Article 3 
The Commission shall: 
1. draw up each year, after consulting the Committee 
referred to in Article 4 and with due regard to the 
general programme of standardization in the infor­
mation technology sector, a list of international 
standards and international technical specifications in 
telecommunications to be harmonized and a list of 
terminal equipment for which common conformity 
test specifications or possibly common type approval 
specifications should be drafted as a matter of 
priority; it shall also draw up a timetable for this 
work; 
2. request a specialized organization, selected after 
consulting the Committee referred to in Article 4, to 
carry out, within the specified time limits, the 
No C 232/12 Official Journal of the European Communities 12.9.85 
technical work needed to arrive at the common 
conformity test specifications and common type 
approval specifications identified in the list of 
priorities referred to in point 1 above; the common 
type approval specification constituting the common 
conformity test specification shall be drafted as a 
matter of priority; 
3. adopt by the procedure set out in Article 5 the 
proposals for common conformity test specifications 
and common type approval specifications, and publish 
them in the Official Journal; this publication shall 
include without modification the requirements made 
necessary in a given Member State by historical 
network peculiarities or established provisions 
concerning the use of radio frequencies; 
4. after consulting the Committee referred to in Article 4 
establish the measures necessary to facilitate the 
implementation of this Directive; those measures may, 
in particular, concern the period of time allowed for 
the execution of the additional tests mentioned in 
Article 7 (1). 
Article 4 
1. In the accomplishment of the tasks referred to in 
Article 3 the Commission shall be assisted by a 
Committee which for the purposes of this Directive shall 
be the Senior Officials Group on Telecommunications. 
The members of the Committee may be assisted by 
experts or advisers, according to the nature of the 
question under discussion and the Committee shall be 
chaired by a Commission representative. 
2. The Commission may consult the Committee on 
any matter falling within the scope of this Directive. The 
Commission shall consult the Committee on: 
(a) the broad objectives and the future needs of the 
telecommunications standardization policy, 
(b) problems raised by the approval of testing labora­
tories, 
(c) the adoption of proposals for common conformity 
test specifications and common type approval 
specifications under the conditions laid down in 
Article 5. 
3. The Committee shall adopt its own rules of 
procedure. 
4. The secretariat of the Committee shall be provided 
by the Commission. 
Article 5 
The procedure for the adoption of the common 
conformity test specifications or common type approval 
specifications shall be as follows: 1. The Commission shall submit to the Committee the 
proposal for a common conformity test specification 
or a common type approval specification drawn up on 
the basis of the work referred to in Article 3 (2). The 
Committee shall deliver its opinion on that proposal 
within two months, adopting the opinion by a 
qualified majority. The votes of Member States within 
the Committee shall be weighted in accordance with 
Article 148 (2) of the Treaty; the chairman shall not 
vote; 
2. where the proposal is in accordance with the 
Committee's opinion as thus expressed, the 
Commission shall adopt the provisions submitted 
therein; 
3. where the proposal is not in accordance with the 
opinion of the Committee, or in the absence of any 
opinion, the Commission shall forthwith submit the 
proposal to the Council in the form of a draft 
decision. The Council shall act by a qualified 
majority. 
If, within two months from the date on which the 
matter was referred to it, the Council has not acted, 
the proposed measures shall be adopted by the 
Commission. 
Article 6 
1. Each Member State shall inform the Commission of 
the authority or authorities competent in its territory to 
issue type-approval for terminal equipment. The 
Commission shall publish a list of these authorities in the 
Official Journal of the European Communities. 
2. Each Member State shall send the Commission a 
list of the laboratories which it has approved for the 
purpose of verifying the conformity of terminal 
equipment with the common conformity test 
specifications and shall regularly submit a report on the 
activities of these laboratories in the field covered by this 
Directive. Such lists and reports shall be transmitted to 
the Committee for information.' 
3. > The common conformity test specifications shall be 
used by the approved laboratories for the conformity 
tests on the terminal equipment concerned. If a Member 
State considers it necessary, it may request that the part 
of the conformity tests relating to historical network 
peculiarities or established national provisions concerning 
the use of radio frequencies be carried out by a 
laboratory under its jurisdiction. 
4. The certificate of conformity with a common type 
approval or conformity test specification, accompanied 
by test data issued by the competent authority on the 
basis of tests carried out by an approved laboratory, shall 
be recognized in each Member State for type approval of 
the relevant terminal equipment by the competent type 
approval authority. The certificate of conformity must be 
accompanied by the data obtained from the 
12.9.85 Official Journal of the European Communities No C 232/13 
measurements performed during the conformity tests, all 
the information necessary for precise identification of the 
terminal equipment on which the tests were made, and 
the precise indication of the common conformity test 
specification, or part thereof, used for the tests. 
5. The authorities empowered in the Member States 
to issue type approval for telecommunications terminals 
shall recognize for the purposes of type approval the 
certificates of conformity with their own national 
standards issued by approved laboratories in other 
Member States where there are no common 
specifications for such terminals. 
6. The Governments of the Member States shall 
ensure that the administrations make reference to any 
existing common conformity test specifications and 
common type approval specifications when they purchase 
terminal equipment normally covered by such 
specifications. 
7. The Member States shall consult within the 
Committee referred to in Article 4, so as to bring about 
the progressive alignment of the costs for carrying out 
the same series of conformity tests in all the approved 
laboratories. 
Article 7 
1. Where a Member State establishes, on the basis of 
an examination of the common conformity test 
specification and the test results that terminal equipment, 
tests on which have been carried out by an approved 
laboratory in another Member State, does not meet one 
or more of the essential requirements referred to in 
Article 2 (12) it may, before granting type approval, 
request within a reasonable period tests additional to 
those already carried out. It shall immediately inform the 
Commission and the other Member States thereof, 
stating the reasons for its decision. 
2. When the finding referred to in paragraph 1 
concerns the electrical safety for users of a terminal 
falling within the scope of Directive 73/23/EEC, the 
measures to be taken by a Member State shall comply 
with the procedure in Article 9 thereof. 
3. The Member State shall inform the Commission 
and the other Member States of the results of the 
additonal tests. If those results are such that the Member 
State regards them as unsatisfactory, the Commission 
shall decide within six weeks, after consulting the 
Committee, whether to endorse the safeguard measures taken by the Member State or whether to uphold the 
certificate of conformity, or whether, with the agreement 
of the party seeking type approval, to request that a 
second set of additional tests be carried out in an 
approved laboratory in a third Member State before the 
final decision. If the results of the additional tests 
indicate that the safeguard measures should be main­
tained the party requesting type approval shall bear their 
costs. If the results of the additional tests indicate that 
the safeguard measures should not be maintained the 
Member State or its authority empowered to give type 
approval, if so specified by that State, shall bear the 
costs. 
4. If the Commission considers that modifications to 
the common type-approval specifications are necessary, 
these modifications shall be made in accordance with 
Article 3 (2) and (3). In this event the Member State 
which has taken safeguard measures may retain them 
until such modifications have entered into force. 
5. When a Member State finds that terminal 
equipment which has already been approved is a danger 
to the national network, its services or its users, it may 
take safeguard measures by suspending type approval but 
shall immediately initiate the procedure set out in 
paragraphs 1 and 2. 
Article 8 
The Commission shall draw up detailed rules for the 
implementation during a second stage of the mutual 
recognition of type-approval for terminal equipment and 
shall submit a proposal to the Council within a period of 
two years following the adoption of this Directive. 
Article 9 
This Directive shall not prejudice the application of 
Directive 83/189/EEC. 
Article 10 
1. Member States shall bring into force the measures 
necessary to comply with this Directive by... and shall 
forthwith inform the Commission thereof. 
2. Member States shall ensure that the Commission is 
informed of the main provisions of national law which 
they adopt in the field governed by this Directive. 
Article 11 
This Directive is addressed to the Member States.