WRITTEN QUESTION E-2716/97 by Horst Schnellhardt (PPE) to the Commission (1 September 1997)

Subject: Approval of low output radio sets pursuant to standard I-ETS 300440

1. Is the Commission aware that the United Kingdom and France have not recognized the European Union standard I-ETS 300440 for low output radio sets for private radio applications in the ISM frequency band?

2. Is the Commission also aware that for this reason European undertakings in the video and radio technology sector were refused approval of the new radio systems on the British and French market although these systems use the ISM frequency band of 2,400 - 2,4835 Ghz for the transmission of video and audio signals, emit a carrier power of a maximum of 10 mW and thus satisfy the I-ETS standard?

3. Does the Commission share the view that this is in conflict with the principles of the internal market?

Answer given by Mr Bangemann on behalf of the Commission (13 October 1997)

The Commission is aware of the difficulties which are encountered for the approval of radio equipment to interim standard I-ETS 300 440 prepared by the European telecommunications standards institute (ETSI). The adoption of the standard under a more formal status (e.g. European standard) would require its transposition into national standards and be expected to alleviate the situation described by the Honourable Member. It should be noted that the information system manager (ISM) frequency band is normally reserved for industrial, scientific and medical applications. Furthermore, a part of the frequency range seems to be reserved for military applications in France and for identification and radio tagging in the United Kingdom. Many similar cases brought to the attention of the Commission have led to the preparation of various measures which are more appropriate to deal with the matter.

The European radio communications committee (ERC) of the Conférence européenne des administrations des postes et des télécommunications (CEPT) has been entrusted with the task of harmonizing the allocation of radio frequencies necessary to support the provision of pan-European radiocommunications services as well as the free movement of radio terminals. Since the implementation of the ERC decisions is left to the national telecommunications authorities, the performance of the system is being assessed ((Communication from the Commission to the Council and the Parliament on the evaluation of the CEPT/ERC Decision mechanism, COM(95) 85 final. )) and closely monitored.

A proposal for a new telecommunications terminal directive, with a scope significantly enlarged by comparison with the previous Directive 91/263/EEC ((Council Directive of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity. OJ L 128, 23.5.1991. )), allowing the new instrument to cover radio terminals better, has just been adopted ((Proposal for a Parliament and Council Directive on connected telecommunications equipment and the mutual recognition of the conformity of equipment, COM(97) 257 final. )) by the Commission and has been sent to the Council and the Parliament.

Since a significant proportion of low power devices using radio frequencies could be handled in a simple and efficient way on the basis of Directive 89/336/EEC ((Council Directive of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility.OJ L 139, 23.5.1989. )) provided they meet the protection requirements for electromagnetic compatibility, the Commission has constantly encouraged the wider use of this instrument and promoted the development of harmonized standards capable of better supporting its intensive application. Within the context of low power devices, the Commission considers that the national draft regulations which might be notified under Directive 83/189/EEC ((Council Directive of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations - OJ L 109, 26.4.1983. )) for simple devices not exceeding 10 milliwatts and presently requiring type approval according to 15 different procedures, could be considered as excessive unless compelling reasons have been presented.

The Commission has observed that rapid technological progress in microelectronics, coupled with the interest of consumers, have led to a growing use of innovative devices which make use of the radio-frequency spectrum to open the doors of a car or remotely control various types of equipment. The Commission is of the opinion that a simplified type of regulation as foreseen in the revision of Directive 91/263/EEC, further progress in the harmonization of the frequency spectrum and the preparation of harmonized standards, will allow most low power devices to move freely in the internal market without any difficulty.