Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States concerning satellite earth station equipment, extending the scope of Directive 91/263/EEC
Date: 1993-06-10
Institutions: European Commission
Subjects: EC conformity marking, harmonisation of standards, satellite communications, technical standard, telecommunications, telecommunications equipment

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(93)  280  f i n al  -  SYN  444 

Brussels,  10  June  1993 

Amended  proposal  for  a 

COUNCIL  PI RECTIVE 

on the approximation of the laws of the Member States 
concerning satellite earth station equipment, 
extending the scope of Directive 91/263/EEC 

(presented  by  the  Commission  pursuant  to  A r t i c le  149(3) 
of  the  EEC-Treaty) 

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EXPLANATORY  MEMORANDUM 

1.  This  Communication  concerns  a  modified  proposal  for  a  Council  Directive  on  the 
approximation  of  the  laws  of  the  Member  States  concerning  satellite  earth  station 
equipment, extending the scope of Directive 91/263/EEC. 

2.  The  Commission  submitted  its  original  proposal  to  the  Council  on  the  10th  of 

December 1992 [COM(92)451 final - SYN 444]. 

The Economic and Social Committee gave its favourable opinion on 31 March 1993. 

The European  Parliament  adopted  a  favourable  opinion  on 26 May  1993, including 
seven (7) amendments to the proposal of the Commission. 

3.  Of  the  seven  amendments  proposed  by  the  European  Parliament,  the  Commission 
accepted one in full: Amendment  1. This amendment concerns a clarification of recital 
(23), which  is  now  fully  in  line  with  the  Negotiation  Mandate  adopted  by  Council 
concerning Mutual Recognition Arrangements. 

The  Commission  accepted  amendment  4  in  principle. Although  the  text  is  now  no 
longer  fully  in  line with  the  text  of  Directive  91/263/EEC,  the  amendment  can  be 
accepted. 

4.  The  Commission  rejected  five  other  amendments  adopted  by  the  European 

Parliament. This concern amendments 2,3,5, 6 and 7. 

Amendments 2 and 7 concern mostly consumer products. The Commission feels  that 
e.g.  manufactures  and  users  of  such  equipment  would  be  overly  and  unjustifiably 
burdened by the proposed amendments. 

Amendments  3  and  6  concern  proposed  for  changes  which,  in  the  views  of  the 
Commission, do not bring added value to the existing text. 

Amendment 5 concerns a request to add the symbol of the  12 stars of the European 
flag to the "CE" type-approval mark. Although the Commission has sympathy for  the 
idea, the "CE" marking symbol is a proposed harmonised symbol for all products type-
approved  under  harmonised  Community  procedures. Council  approval of the use of 
this symbol is imminent. 

5. 

In  accordance with Article  149(3)  of  the Treaty,  the  Commission  amends  its  initial 
proposal accordingly. 

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Amended  p r o p o s al 

f or  a 

COUNCIL  DIRECTIVE 

on the approximation of the laws of the Member States 
concerning satellite earth station equipment, 
extending the scope of Directive 91/263 /EEC 

-  3  . 

MODIFICATION NO. 1 

(based on EP Amendment 1) 

ORIGINAL COMMISSION PROPOSAL 

MODIFIED PROPOSAL 

Recital 23 

Whereas  real,  comparable  access  to  the 
third  country  markets 
for  European 
should  preferably  be 
manufacturers 
achieved through  multilateral  negotiations 
within  GATT,  although  bilateral  talks 
between 
third 
countries  may  also  contribute  to  this 
process; 

the  Community  and 

Whereas  real,  comparable  access  to  the 
third  country  markets 
for  European 
should  preferably  be 
manufacturers 
achieved  through  multilateral  negotiations 
within  GATT,  although  bilateral  talks 
between 
third 
count ries,  in  particular  the  United  States 
and  Japan,  may  also  contribute  to  this 
process; 

the  Community  and 

-  W  -

MODIFICATION NO.2 

(based on EP Amendment 4) 

ORIGINAL COMMISSION PROPOSAL 

MODIFIED PROPOSAL 

Article 3(5), first paragraph 

5.  Satellite earth station equipment shall 
satisfy the essential requirements set out in 
Article  4(g)  of  Directive  91/263/EEC, 
regarding  the  interworking  of  satellite 
earth  station  equipment  with  the  public 
telecommunications  network,  in  justified 
cases. 

5.  Satellite earth station equipment shall 
satisfy the essential requirements set out in 
Article  4(g)  of  Directive  91/263/EEC, 
regarding  the  interworking  of  satellite 
earth  station  equipment  via  the  public 
telecommunications  network,  in  justified 
cases. 

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ISSN 0254-1475 

COM (93) 280 final 

DOCUMENTS 

EN 

15 

Catalogue number : CB-CO-93-311-EN-C 

ISBN 92-77-56783-X 

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