REEXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING TELECOMMUNICATIONS TERMINAL EQUIPMENT, INCLUDING THE MUTUAL RECOGNITION OF THEIR CONFORMITY
Date: 1991-02-21
Institutions: European Commission
Subjects: European standard, approximation of laws, product quality, quality standard, telecommunications, transmission network

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0M(91) 46 final  - SYN 204 

Brussels,  21 February  1991 

Reexamined proposal for a 

COUNCIL DIRECTIVE 

on the approximation of the laws of the Member States 

concerning telecommunications terminal equipment, 

including the mutual recognition of their conformity 

(presented  by  the  Commission  pursuant 
the  EEC  t r e a t y) 

of 

to  A r t i c le  149.2(d) 

Reexamined  proposal for  a Council Directive on the approximation  of the laws of  the 
Member  States concerning telecommunications  terminal equipment,  including the  mutual 
recognition  of their  conformity. 

1. STATUS OF THE  PROCEDURE. 

EXPLANATORY  NOTE 

a). The Commission  has submitted  its proposal  to the Council on 27 July  1989. 

b). The Economic and Social Comittee adopted  its favourable  opinion  on 4 October  1989. 

c).  The  European  Parliament  adopted  during  its  first  reading  24  amendments  to  the 
proposed  Directive on 3 April  1990. 

d).  In  accordance  with  Article  149.3  of  the  Treaty,  the  Commission  adopted  a  revised 
proposal on  19 June  1990, incorporating in full  or in part  19 of  these  amendments. 

e). The Council adopted  its common  position  on 24 July  1990. 

f).  The  Commission  accepted 
Parliament  of its opinion  on 6 September  1990. 

this  common  position  and 

informed 

the  European 

g).  The  European  Parliament  adopted  during  its  second  reading  22  amendments  on  11 
December  1990. 

2. POSITION  OF THE  COMMISSION. 

a).  Out  of  the  22 amendments  proposed  during  the  second  reading,  5  amendments  having 
been  adopted  by  the  Parliament  at  its  first  hearing  but  not  having  been  accepted  by  the 
Commission  at  that  time, were  reintroduced  and  again  not  accepted.  Of  the  remaining  17 
new amendments  the  Commission  has accepted  in full  or  in  part  5  thereof  to  the  common 
position. 

The  five  amendments  accepted  in  full  or  in  part  are  reported  below,  together  with  the 
motivation  of the Commission  position: 

TEXT OF THE  COMMON  POSITION 

AMENDMENT NO J 
Article  1, paragraph  2  (addendum) 

the  public 

telecommunications 

network" 
"Public 
telecommunications 
means 
the 
which 
infrastructure 
conveyance  of  signals  between  defined 
network  termination  points  by  wire,  by 
microwave,  by  optical  means  or  by  other 
electromagnetic  means. 

permits 

The  addition  of  this  definition,  drawn  from  the  ONP  Directive,  adds  clarity  in  this 
Directive. 

TEXT OF THE COMMON POSITION 
Article 17 

AMENDMENT NO.12 
Article 17 

Member  States  shall  take  the  measures 
necessary to comply with this Directive not 
later than  18 months  from its notification. 
They 
the 
forthwith 
shall 
Commission thereof. 

inform 

Member  States  shall  take  the  measures 
necessary to comply with this Directive not 
later than  18 months from  its notification. 
They 
the 
forthwith 
shall 
Commission thereof. 

inform 

The  provisions  adopted  under  the  first 
subparagraph  shall  refer  explicitly  to  this 
directive. 

Text now agreed between Council and Commission and which has to be introduced into 
this directive: 
"When Member  States  adopt  these  provisions,  they  shall  contain  a  reference  to  this 
directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official 
publication.  The procedure for such reference shall be adopted by Member States." 

TEXT OF THE COMMON POSITION 
Article 1, paragraph 3 

AMENDMENT NO.2 
Article 1, paragraph 3 

The  intended  purpose  of  the  equipment, 
shall  be  declared  by  the  manufacturer  or 
supplier  of  the  equipment.  However, 
terminal equipment within the meaning of 
paragraph 2 which makes use of  the radio 
frequency  spectrum  is  presumed  to  be 
intended  for  connection  to  the  public 
network. 

The  intended  purpose  of  the  equipment, 
shall  be  declared  by  the  manufacturer  or 
supplier of the equipment.  However, with 
respect to connection and/or interworking. 
terminal equipment  within the meaning of 
paragraph 2 which makes use of  the radio 
frequency  spectrum,  including  terminals 
that  are  designed  to  send  information  by 
means  of  radio  propagation  capable  of 
being  received  outside  user  premises  and 
capable of  being retransmitted  to a public 
telecommunications  network  termination 
point,  is  presumed  to  be  intended  for 
connection 
public 
the 
telecommunications network. 

to 

Text not accepted, but principle taken into account with simplified wording.  The text "of 
the radio  frequency spectrum" is replaced  by "of a system  of  connection  by radio".  In 
addition, "telecommunications" is added as proposed at the end of the paragraph. 

3-

TEXT OF THE COMMON POSITION 
Article 2, paragraph 2 

AMENDMENT NO.4 
Article 2, paragraph 2 

The  manufacturer  or  supplier  shall  be 
prepared to justify  once,  at the request of 
any  notified  body  referred  to  in  Article 
intended  purpose  of  such 
10(1),  the 
equipment  on  the  basis  of  its  design,  its 
functions  and  indications  of  the  market 
segment it is intended for. 

The  manufacturer  or  supplier  shall  be 
prepared  to justify  once,  at  the  request of 
any  notified  body  referred  to  in  Article 
intended  purpose  of  such 
10(1),  the 
equipment  its functions  and indications of 
the market segment it is intended for. 

Text  not  accepted,  but  the  idea  not  to  involve  proprietary  information  is  taken  by 
changing the word "design" into "technical characteristics". 

TEXT OF THE COMMON POSITION 
Article 10, paragraph 4 

AMENDMENT NO.8 
Article 10, paragraph 4 

It 

for  designation. 

A  Member  State  that  has  designated  a 
notified  body  or  a  test  laboratory  under 
paragraph 1 or paragraph 2 shall annul the 
designation if the notified  body or the test 
laboratory  no  longer  meets  the  relevant 
criteria 
shall 
immediately  inform  the  other  Member 
States  and  the  Commission  accordingly 
and  withdraw  the  notification.  Where  a 
Member  State  or 
the  Commission 
considers  that  a  notified  body  or  a  test 
laboratory  designated  by a  Member  State 
does  not  meet  the  relevant  criteria  the 
matter  shall  be  brought  before 
the 
Committee,  which  shall  give  its  opinion 
within  three  months;  in  the  light  of  the 
Committee's  opinion,  the  Commission 
shall inform  the  Member State  concerned 
of any changes needed if that notified body 
or test laboratory is to retain its recognized 
status. 

A  Member  State  that  has  designated  a 
notified  body  or  a  test  laboratory  under 
paragraph  1 or paragraph 2 shall annul the 
designation if the notified  body or the test 
laboratory  no  longer  meets  the  relevant 
minimum  criteria  for  designation,  as  set 
out  in  Annex  5. 
It  shall  immediately 
inform  the  other  Member  States  and  the 
Commission  accordingly  and withdraw the 
notification.  Where  a  Member  State  or 
the  Commission  considers  that  a  notified 
body or  a  test  laboratory  designated  by a 
Member State  does not  meet  the  relevant 
criteria the matter shall be brought  before 
the  Committee,  established  in  Article  13. 
which  shall  give  its  opinion  within  three 
months;  in  the  light  of  the  Committee's 
opinion,  the  Commission  shall  inform  the 
Member  State  concerned  of  any  changes 
needed 
if  that  notified  body  or  test 
laboratory is to retain its recognized status. 

Part  1: Not  accepted,  Part  2: Accepted.  First  part  would  be  redundant  for  notified 
bodies and incorrect for test laboratories.  Second part adds clarity. 

b).  The  list  of  the  amendments  which  were  not  accepted  is  given  in  Annex  1,  with  the 
reasons motivating the position  of the  Commission. 

c). In  addition  to the above mentioned  changes, the Commission  proposes  a  declaration  in 
the  proceedings  of  the  Council,  to  take  into  account  a  concern  strongly  expressed  by  the 
Parliament  and  the  Industry,  which  relates  to  the  procedures  foreseen  in  the  Directive  for 
certifying  the  equipment,  and  mainly  those  in  Annex  I.  The  representatives  of  European 
Industry,  supported  by  the  Parliament,  stated  at  several  occasions  that  the  wording  in 
particular  of Annex  I,  which  relates  to  the  procedure  which  will be  commonly  used  by  the 
SMEs,  leaves  too  much  freedom  to  the  notified  bodies  to  request  an  excessive  amount  of 
information.  As  a matter  of  fact,  this annex  mentions  that  information  has to  be  requested 
as  far  as  relevant  for  the  assessment  of  conformity  to  the  essential  requirements,  and 
contains  under  its  point  3  a  list  of  elements  of  documentation,  which  is  given  only  "for 
example".  But  even  taking  this  into  account,  Industry  fears  to  be  requested  more 
information  than  what  is  strictly  necessary  for  the  assessment  of  its  equipment,  to  be 
obliged  to  transmit  to  the  notified  bodies  for  instance  "design" information  which  could  be 
proprietary,  and  finally  to have to bear  a bureaucratic burden  which  is not  really  necessary. 

The  Commission  is  of  the  opinion  that  the  text  of  Annex  I  agreed  upon  in  the  Common 
Position  must  not  be  modified,  because  it  allows  the  necessary  flexibility  to  adapt  the 
request  of  information  by  the  Notified  Bodies  to  the  variety  of  types  of  terminal 
equipment.  But  it  considers  useful  that  the  Council  draw  the  attention  of  the  notified 
bodies to this concern  of  Industry  and  prompt  them  to limit  their  requests  to what  is strictly 
necessary  for  the  assessment  of  conformity  to  the  essential  requirements.  Consequently, 
the adoption  of the following  Declaration  is proposed: 

"  The  Council  and  the  Commission  agree  that,  with  a  view  to  reducing  the  bureaucratic 
burden  imposed  on  Industry  in  the  course  of  the  certification  procedures,  to  limiting  to 
what  is absolutely  necessary  the provision  of proprietary  information  on  equipment  design 
and  finally  to  accelerating  the procedures,  the  information  requested  to  Industry  in view of 
these  certification  procedures  must  be  strictly  limited  to  what  is  necessary  to  assess  the 
conformity 
. 
the  relevant  essential  requirements  of 
Consequently,  the Notified  Bodies have to take due account  of this  necessity." 

the  equipment  submitted 

to 

d).  Finally,  the  Commission  thinks  appropriate  to  take  the  opportunity  of  the  adoption  of 
its  Reexamined  Proposal  to  finalise  the  legal  presentation  aspects  which  arise  as  a 
consequence  of  the  modifications  the  adoption  of  this  Directive  will  introduce  in  other 
already adopted  Community  legislation. 

These  modifications  stem  from  the  fact  that  this  Directive,  when  adopted,  will  repeal 
Directive  86/361/EEC,  the  reference  to  which  is  made  in  a  number  of  other  Community 
Directives or  Decisions. 

• ? * • - • **  • " ••  - M»  '  • ^."'•  "V 

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ID 

The  following provisions are  introduced  in order  to cope with  this aspect  : 

Article  16.1 is amended  with an additional  text  being : 

"References  made  to  the  repealed  directive  are  understood  as  being  made  to 
this directive". 

Article  1,  paragraph  2  is  amended  by  the  addition  of  the  following  two  definitions 
which appears  in Directive 86/361, articles 2.3 and  2.6 and  are  used  in later  directives: 

'technical  specification'  means  a  specification  contained  in  a  document  which 
lays  down  the  characteristics  required  of  a  product  such  as  levels  of  quality, 
performance,  safety  or  dimensions, including  the  requirements  applicable  to  the 
product  as  regards  terminology,  symbols,  testing  and  test  methods,  packaging, 
marking and  labelling. 

and 

'standard'  means  a  technical  specification  adopted  by  a  recognized  standards 
body  for  repeated  or  continuous  application,  compliance  with  which  is  not 
compulsory. 

3.  CONCLUSION. 

In  conclusion,  the  Commission  is  of  the  opinion  that  the  proposed  amendments  to  the 
Common  Position  do  not  modify  the  balance  of  its elements  of  substance,  but  adds  clarity 
to some of its points. 

LIST OF THE AMENDMENTS TO THE COMMON POSITION ADOPTED BY THE 
EUROPEAN PARLIAMENT AND NOT ACCEPTED BY THE COMMISSION. 

ANNEX 1 

TEXT OF THE COMMON POSITION 
Recital 15 (a) new 

AMENDMENT NO.l 
Recital 15 (a) new 

Whereas 
assessment 
procedures  should  not  be  too  onerous or 
bureaucratic. 

conformity 

Not accepted as not useful.  The necessity of reducing the bureacratic burden  has been 
taken  into  account  during  the  negotiations  in  the  Council,  and  procedures  have 
consequently been simplified as far as possible. 

TEXT OF THE COMMON POSITION 
Article 3, paragraph 2 

AMENDMENT NO.5 
Article 3, paragraph 2 

shall  also 

Member  States 
take  all 
to  ensure  that 
appropriate  measures 
equipment referred  to in Article 2 may be 
placed  and  allowed  to  remain  on  the 
market  only 
it  complies  with  the 
requirements  laid  down  by  this  Directive 
for  this  equipment  and  may  not  be 
connected 
public 
telecommunications  network  within  the 
meaning of Article 1(2). 

the 

to 

if 

to 

to  ensure 

transitional  measures 

Subject 
in 
accordance  with  Article  14  (b)  Member 
States  shall  also  take  all  appropriate 
measures 
that  equipment 
referred to  in Article 2 may be placed and 
allowed to remain on the market only if it 
complies with the  requirements  laid down 
by  this  Directive  for  this  equipment  and 
may  not  be  connected  to  the  public 
telecommunications  network  within  the 
meaning of Article 1(2). 

Not  accepted 
redundant. 

Presented  and  rejected  at  the  First  Hearing.  The  added  text  is 

TEXT OF THE COMMON POSITION 
Article 4 (d) 

AMENDMENT NO.6 
Article 4 (d) 

Protection 
telecommunications network from harm; 

the 

of 

public 

Protection 
public 
telecommunications  network  from  harm; 
of a technical or non-commercial nature; 

the 

of 

Not accepted  :  This amendment was presented at the First Hearing and rejected.  The 
limitations  of  the  type  of  harm  to  be  considered  are  specified  in  the  directives  on 
liberalisation of services and ONP. 

:  - 2-

&  8 

TEXT OF THE COMMON POSITION 
Article 8, paragraph 3 (a) (new) 

AMENDMENT NO.7 
Article 8, paragraph 3 (a) (new) 

trade 
other 

For testing and development of equipment, 
experimental  use, 
shows  and 
exceptional 
and 
exhibitions, 
circumstances,  full  conformity  assessment 
of  all  essential  requirements  may  not  be 
appropriate  as  a  condition  to  connect  to 
the  public  network.  A  public  network 
operator  may 
such  cases  allow 
equipment  to  be  attached  to  his  network 
subject to his own judgement. 

in 

Not  accepted  :  This  amendment  was presented  at  the  First  Hearing  and  rejected, 
does not address equipment actually placed on the market. 

It 

TEXT OF THE COMMON POSITION 
Article  13, paragraph 3 

AMENDMENT NO. 9 
Article  13, paragraph 3 

of 

representatives 

The  Commission  will  periodically  consult 
the 
the 
telecommunications 
the 
consumers,  the  manufacturers,  the  service 
providers and trade unions and will inform 
the  Committee  on  the  outcome  of  such 
consultations,  with  a  view  to  take  due 
account of the outcome. 

organisations, 

The  Commission  will  periodically  and  at 
least  on  a  6  monthly  basis  consult  the 
representatives  of  the  telecommunications 
organisations,  the  users,  the  consumers, 
the  manufacturers,  the  service  providers 
and  trade  unions. 
the 
these 
Committee  of 
consultations,  and  will  take  the  fullest 
possible account  of them.  The  Committee 
shall draw  up  and  publish  its  own rules of 
procedure. 

the  outcome  of 

It  will  inform 

Not accepted  :  Puts too heavy a bureaucratic burden  on the Commission,  for  a process 
which is already open  as linked  to standardisation.  We accept the addition  of "users" to 
the list. 

3-

TEXT OF THE COMMON POSITION 
Article  14, paragraph 3 

AMENDMENT NO.10 
Article  14, paragraph 3 

The Commission shall adopt the measures 
envisaged  if  they  are  in  accordance  with 
the opinion of the Committee. 

the  opinion  of 

If  the  measures  envisaged  are  not  in 
accordance  with 
the 
Committee,  or if  no  opinion  is  delivered, 
the  Commission  shall,  without  delay, 
submit  to  the  Council  a proposal  relating 
to the measures to be taken.  The Council-
shall act by qualified majority. 

If,  within  three  months  from  the  date  of 
referral to the Council, the Council has not 
acted,  the  proposed  measures  shall  be 
adopted by the Commission. 

The  Commission  shall  adopt  measures 
which  shall  enter  into  effect  immediately. 
However,  if  these  measures  are  not  in 
the 
accordance  with 
committee,  the  Commission  shall  notify 
the Council of them without delay.  In this 
case: 

the  opinion  of 

the  Commission  may  postpone 
the 
application  of the measures it has adopted 
for a period not exceeding one month from 
the date of notification: 

the  Council,  acting  by  qualified  majority. 
may  take  a  different  decision  with  the 
in  the 
period  of  time  provided  for 
preceding paragraph. 

Not accepted : A regulatory committee is deemed necessary for the Directive. 

TEXT OF THE COMMON POSITION 
Article 14 (b) (new) 

AMENDMENTNO.il 
Article 14 (b) (new) 

Transitional  arrangements  shall  apply  to 
equipment  in  stock  at  the  date when  this 
Directive comes into force and having type 
approval  to  standards  applicable  at  the 
time  of  the  introduction  of  this directive. 
Such equipment  which  does  not  carry  the 
EC mark may be placed on the market and 
put into  service  in the  territory  in respect 
of  which  type  approval  has  been  granted 
for  a  period  to  be  determined  by  the 
notified body. 

Not accepted  :  This amendment was presented at the First Hearing and rejected.  This 
directive  deals  only with  terminals  covered  by  a  common  specification.  In  this  case, 
transitional measures are covered by Article 16.3 

M ** 

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TEXT OF THE COMMON  POSITION 
Annex  1, point  3 

AMENDMENT  NO.13 
Annex  1, point  3 

The  technical  documentation  shall  enable 
the  conformity  of  the  product  with  the 
essential  requirements  of  the  Directive  to 
be  assessed.  It  shall,  as  far  as  relevant  for 
such 
design, 
manufacture  and  operation  of the  product. 

assessment, 

cover 

the 

The  technical  documentation  shall  enable 
the  conformity  of  the  product  with  the 
essential  requirements  of  the  Directive  to 
be  assessed.  It  shall,  as  far  as  relevant  for 
such 
design, 
manufacture  and  operation  of the  product. 

assessment, 

cover 

the 

For  example; 
the  documentation  shall 
contain  as far  as is relevant  tor  assessment 

For  example, 
shall 
contain  as far  as  is relevant  for  assessment 

the  documentation 

a 

general 

type-description 
sufficient  to identify  the product  preferably 
by provision of photographs; 

a  general  type-description  sufficient 
the  product  preferably  by 

identify 

to 
provision  of photographs; 

design  and  manufacturing  drawings 
and  lists  of  components,  sub-assemblies, 
circuits, etc.; 

design 

manufacturing 
information  and  lists  of  components,  sub 
assemblies, circuits, etc.; 

and 

descriptions 

explanations 
necessary  for  the  understanding  of  said 
drawings and  lists and  the  operation  of  the 
product; 

and 

and 

descriptions 

explanations 
necessary  for  the  understanding  of  said 
information  and  lists  and  the  operation  of 
the  product; 

a list of the standards  referred  to in 
Article  6,  applied  in  full  or  in  part,  and 
descriptions  of  the  solutions  adopted  to 
meet  the  essential  requirements  of  the 
Directive  where  the  standards  referred  to 
in Article 6 have not been  applied; 

a  list  of  the  standards  referred  to  in 
Article  6,  applied  in  full  or  in  part,  and 
descriptions  of  the  solutions  adopted  to 
meet  the  essential  requirements  of  the 
Directive  where  the  standards  referred  to 
in Article 6 have not been  applied; 

results of  examinations  carried  out, 

results  of  examinations  carried  out, 

etc.; 

etc.; 

test  reports; 

test  reports; 

proposed  user 

information 

or 

proposed 

user 

information 

or 

handbook. 

handbook. 

Not  accepted  :  This  amendment  was presented  at  the  First  Hearing,  and  rejected.  The 
wording is too vague, with  no justification  as it is an  example. 

TEXT OF THE COMMON  POSITION 
Article  1, paragraph  2 

AMENDMENT  NO.14 
Article  1, paragraph  2 

^0 

the  purpose  of 

this  Directive, 
2.  For 
terminal  equipment  means 
equipment 
intended  to  be  connected  to  the  public 
telecommunications  network, i.e. : 

a)  to  be  connected  directly 
termination 
a 
telecommunications  network 

of 

to 

the 
public 

or 

with 

b)  to 
interwork 
public 
telecommunications 
being 
the 
connected  directly  or 
termination  of  a  public  telecommunication 
network 

a 
network 
indirectly 

to 

in  order 
information. 

to  send,  process  or 

receive 

The  system  of  connection  may  be  wire, 
radio,  optical  or  other  electromagnetic 
system. 

the  purpose  of 

this  Directive 
2.  For 
terminal  equipment  means  equipment  (or 
a subassembly  thereof)  that  : 

by 

the 

intended 

or 
a)  is 
manufacturer 
to  be  connected  or  be 
capable of connection  to the termination  of 
a  publicly  accessible 
telecommunications 
network. 

supplier 

to  such 
h)  is 
the  closest  equipment 
termination  capable  of  addressing 
the 
network  and  of  controlling  any  attempt  by 
equipment  more  remote  from  the  network 
to address  and 

c)  may  reasonably  affect  the  conformity 
with  the  essential  requirements  of  this 
Directive. 

Not  accepted,  as  the  definition  in  the  Commissions  text  is more  precise.  Moreover,  the 
Commissions  text  allows  for  dealing  in  a  special  way with  cases  of  terminals  not  being 
intended  for  connection  to  the  public  networks,  but  technically  capable  of  being 
connected. 

TEXT OF THE COMMON  POSITION 
Article 8, paragraph  1 

AMENDMENT  NO.15 
Article 8, paragraph  1 

1. 
Where  a  Member  State  finds  that 
terminal  equipment  bearing  the  markings 
under  the  provisions  laid  down  in  Chapter 
III  does  not  comply  with 
the  relevant 
essential  requirements  when  properly  used 
in  accordance  with  the  purpose  intended 
take  all 
by  the  manufacturer, 
appropriate  measures  to  withdraw  such 
products  from  the  market  or  to prohibit  or 
restrict  their being placed  on  the  market. 

it  shall 

1.  Where  a  Member  State  finds  that 
terminal  equipment  bearing  the  markings 
under  the  provisions  laid  down  in  Chapter 
III  does  not  comply  with 
the  relevant 
essential  requirements  when  properly  used 
in  accordance  with  the  purpose  intended 
take  all 
it  shall 
the  manufacturer, 
by 
appropriate  measures 
to  withdraw  such 
products  from  the  market  or  to prohibit  or 
restrict  their  being  placed  on  the  market, 
after  notification  of the  affected  parties. 

Not  accepted,  as Article 8.2 stipulates, that  it is the Commission  responsibility  to do so. 

TEXT OF THE COMMON  POSITION 
Article 7, second  paragraph 

AMENDMENT NO.16 
Article 7, second  paragraph 

é-

"?<, 

of 

up 

set 

the 
by 

consultation 

In the light of the Committee's  opinion  and 
standing 
after 
Committee 
Directive 
83/189/EEC, the  Commission  shall  inform 
the  Member  States  whether  or  not  it  is 
necessary  to  withdraw  references  to  those 
standards 
technical 
regulations from  the  Official  Journal  of  the 
European  Communities  and  shall  take  the 
necessary steps to correct  the  shortcomings 
noted  in the standards. 

related 

and 

any 

of 

up 

set 

the 
by 

consultation 

In the light of the Committee's  opinion  and 
standing 
after 
Committee 
Directive 
83/189/EEC,  the  Commission  shall  inform 
the  Member  States  whether  or  not  it  is 
necessary  to  withdraw  references  to  those 
standards 
technical 
regulations  from  the  Official  Journal  of  the 
European  Communities  and  shall  take  the 
necessary steps to correct  the  shortcomings 
noted  in  the  standards  and  any  related 
technical  regulations. 

related 

and 

any 

Not  accepted.  When  the  standard  has  been  revised,  it  constitutes  the  basis  for  a  new 
technical regulation  to be adopted  in the framework  of the  Directive. 

TEXT OF THE COMMON  POSITION 
Article 4, paragraph  c 

AMENDMENT  NO.17 
Article 4, paragraph  c 

Electromagnetic 
compatibility 
requirements  in  so  far  as  they  are  specific 
to terminal  equipment; 

of 

terminal 

compatibility 
Electromagnetic 
requirements 
equipment 
arising  solely  out  of  its physical  connection 
to  the  public  telecommunications  network 
in  so  far  as  they  are  not  covered  by 
Directive  89/336/EEC: 

Not  accepted.  The  consideration  of  "physical"  connection  only  is  too  restrictive,  and 
Article 9.4 transfers  the specific telecommunications  aspects to this Directive . 

TEXT OF THE COMMON  POSITION 
Annex I, paragraph  2, first  subparagraph 

AMENDMENT  NO.18 
Annex I, paragraph  2, first  subparagraph 

for 

the  EC  Type 
2.  The  application 
the 
examination 
authorised 
manufacturer 
representative 
the 
Community  with  a  notified  body  of  his 
choice. 

shall  be 
lodged  by 
his 
or 
established  within 

for 

2.  The  application 
shall  be 
lodged  by 
examination 
his 
or 
manufacturer 
representative 
established  within 
Community  with  a  notified  body 
bodies) of his choice. 

the  EC  Type 
the 
authorised 
the 
(or 

Not  accepted.  The practice  of requesting several  notified  bodies  to  certify  an  equipment 
could,  in  certain  cases,  cause  a  saturation  of  the  testing  installations  in  the  Community, 
and  harm  other  manufacturers  which  would  like  to  have  the  same  type  of  equipment 
certified. 

*3 

AMENDMENT  NO.20 
IV, 
Annex 
subparagraph 

paragraph 

3.3, 

third 

TEXT OF THE COMMON  POSITION 
IV, 
Annex 
subparagraph 

paragraph 

3.3, 

third 

The  auditing  team  shall  have  at  least  one 
member  experienced  as  an  assessor  in  the 
The 
technology  concerned. 
product 
evaluation  procedure  shall 
include  an 
assessment  visit 
the  manufacturer's 
premises. 

to 

The  auditing  team  shall  have  at  least  one 
member  experienced  as  an  assessor  in  the 
The 
technology  concerned. 
product 
include  an 
evaluation  procedure 
assessment  visit 
the  manufacturer's 
to 
production  premises. 

shall 

Not  accepted,  as  inspection  at  other  locations  than  the  production  facilities  might  be 
needed. E.g., test-laboratories,  maintenance  facilities. 

TEXT OF THE COMMON  POSITION 
Article 9, paragraph  4a  (new) 

AMENDMENT  NO.24 
Article 9, paragraph  4a  (new) 

In  order  to protect  the  manufacturers, 
4a. 
to  notified 
the  technical  documentation 
bodies  has  to  be  limited  to  that  which  is 
required 
the  purpose  of 
for 
assessment  of conformity  with  the  essential 
of 
Legal 
requirements. 
confidential  information  shall be  required. 

protection 

solely 

Not  accepted.  The fact  that  the documentation  has to be  révélant only to the  assessment 
of the product with regard  to the applicable essential  requirements  is already clear  in  the 
annexes.  In  addition,  the confidentiality  duty of the  notified  bodies  is spelt  out  in Annex 
V, point 7. 

-8 

4 9 

TEXT OF THE COMMON  POSITION 
Article  10, paragraph  6a  (new) 

AMENDMENT  NO.25 
Article  10, paragraph  6a  (new) 

6a.  Subcontracting 
to  an  establishment 
located  in  a  third  country  shall  be  subject 
to certain  conditions  guaranteeing : 

of 

(i) 

the 

competence 

the 
establishment  operating  as  sub-contractor, 
on  the  basis  of  conformity  with  series  EN 
45000  standards  and  the  capability  of  the 
Member  State  that  has  notified  the  sub 
contracting  body 
effective 
ensure 
to 
monitoring of such  compliance: 

(ii) 

the  ability  of  the  body  notified 
to  exercise  effective  responsibility  for  the 
work carried  out. 

Not  accepted,  as the Notified  Bodies and  the test  laboratories  must  be  established  within 
the  Community. 

TEXT OF COMMON  POSITION 
Article 9, paragraph  4a  (new) 

AMENDMENT NO.26 
Article 9, paragraph  4a  (new) 

4a.  Provision  shall  be  made  for  an  appeals 
procedure. 

Not  accepted  : a  special  appeals  procedure  is not  necessary,  the  interestedparties  in  the 
issue considered  here  have allways the possibility  to bring thier  possible  objections  to  the 
attention  of  the  Commission.  On  another  hand,  Art.  9  is  not  the  appropriate  place  to 
deal with this idea. 

EEL. 

ISSN 0254-1475 

COM(91) 46 final 

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