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
Date: 1995-12-06
Institutions: European Commission
Subjects: Community certification, harmonisation of standards, satellite communications, technical standard, telecommunications, telecommunications equipment

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels, 06.12.1995 
COM(95)  612  final 

95/0309  (COD) 

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 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

1.  In the context of a people's  Europe, the Commission  attaches  great  importance  to simplifying  and 
clarifying  Community  law so as to make it clearer and more accessible  to the ordinary  citizen,  thus 
giving  him  new opportunities  and the chance to  make  use of the specific  rights  it gives him. 

This  aim  cannot  be  achieved  so  long  as  numerous  provisions  that  have  been  amended  several 
times, often quite  substantially,  remain scattered, so that they  must be sought  partly  in the original 
instrument  and  partly  in  later  amending  ones.  Considerable  research  work,  comparing  many 
different  instruments,  is thus  needed to identify  the current  rules. 

For  this  reason  a  consolidation  of  rules  that  have  frequently  been  amended  is  also  essential  if 
Community  law  is to be clear  and transparent. 

On  1 April  1987 the Commission  therefore decided to instruct  its staff that all  legislative  measures 
should  be  consolidated  after  no  more  than  ten  amendments,  stressing  that  this  was  a  minimum 
requirement  and that  departments-should  endeavour  to  consolidate  at  even  shorter  intervals  the 
texts  for which  they  were  responsible,  to ensure that  the Community  rules were  clear  and  readily 
understandable. 

3.  The Conclusions of the Presidency of the Edinburgh  European Council (December  1992) confirmed 
this, stressing the importance of official  codification  as it offers certainty  as to the law applicable  to 
a given matter at a given time. It must be undertaken in full compliance with the normal Community 
legislative  procedure. Given that no changes of substance may be made to the instruments  affected 
by  official  codification,  Parliament,  the  Council  and  the  Commission  have  agreed,  by  an 
interinstitutional  agreement dated 20  December  1994, that an accelerated  procedure  may be used 
for the fast-track  adoption  of codification  instruments. 

4.  The  purpose  of  this  proposal(1)  of  the  Commission  for  consolidation  of  European  Parliament  and 
Council  Directive  relating  to the telecommunications  terminal  equipment  and satellite  earth  station 
equipment,  including  the  mutual recognition  of their conformity,  combining  the following  directives 
into a single  text: 

-  Council  Directive  91/263/EEC  of  29  April  1991  concerning  telecommunications  terminal 
equipment,  including  the  mutual  recognition  of their  conformity, 
and, 
-Council  Directive  93/97/EEC  of  29  October  1993  supplementing  Directive  91/263/EEC  in 
respect  of satellite  earth  equipment, 

is  to  undertake  official  codification  of  this  type.  The  new  directive  will  supersede  the  various 
directives  incorporated  in it;(2)  their content  is fully  preserved, and they  are  brought  together  with 
only  such formal  amendments  as are  required  by the codification  exercise  itself. 

5.  This  consolidation  proposal  was  drawn  up  on  the  basis  of  a  preliminary  consolidation,  in  all  the 
official  languages,  of  Directives  91/267/EEC  and  93/97/EEC  and  the  instruments  amending  it, 

(1)  Entered  in the  legislative  programme for  1995. 

(2)  See  part A of Annex X. 

2 ( a) 

carried out by the Office for Official  Publications  of the European Communities,  by means of data-
processing  system  referred to in the conclusions  of the  European Council  meeting  at Edinburgh. 
Although the articles have been given new numbers, the former number is printed alongside in each 
case for the reader's convenience;  the correlation  between the old and new numbers is shown in 
a table contained  in Annex XI to the consolidated  Directive. 

Proposai for a 

EUROPEAN PARLIAMENT AND 
COUNCIL DIRECTIVE 

..../.../EC 
of... 

relating to telecommunications terminal equipment and 
satellite earth station equipment, including the mutual 
recognition of their conformity, 

THE EUROPEAN  PARLIAMENT AND  THE  COUNCIL  OF  THE 
EUROPEAN UNION, 

Having regard to the Treaty establishing  the European  Community, 
and in particular Article 100a thereof, 

Having regard to the proposal from the Commission, 

Having  regard  to  the  opinion  of  the  Economic  and  Social 
Committee?1) 

Acting in accordance with the procedure laid down in Article  189b of 
the Treaty/2) 

telecommunications 

(1)  Whereas Council Directive  91/263/EEC of 29 April  1991  on 
the  approximation  of  the  laws  of  the  Member  States 
equipment, 
concerning 
including  the mutual  recognition  of  their  conformity/3)  and 
Council  Directive  93/97/EEC  of  29  October  1993 
supplementing  Directive  91/263/EEC  in  respect  of  satellite 
earth station equipment*4) should, for the sake of clarity and 
rationality be codified in a single text; 

terminal 

(l) 
(2) 
(3) 
(4) 

OJ No L128,23. 5.1991, p.l. Directive as ameoded by Directive 93/68/EEC (OJ No L 220,30.8.1993, p.l). 
OJ No L 290,24.  11.  1993, p. 1. 

(2)  Whereas  the  sector  covering  telecommunications  terminal 
equipment  and  satellite  earth  station  equipment  is a  vital 
part  of the telecommunications  industry, which  is  one  of the 
industrial mainstays of the economy in the Community, 

91/263/EEC 
(adapted) 

(3)  Whereas  the  Commission,  in  its  Green  Paper  on  the 
development  of  the  common  market  for  telecommunications 
services  and  equipment,  has  proposed  to  accelerate  the 
introduction of the full  mutual recognition of type approval as 
the  measure  vital  for  the  development  of  a  competitive 
Community-wide terminal market; 

(4)  Whereas  the  Commission, in  its  Green  Paper  on  a  common 
approach  in  the  field  of  satellite  communications  in  the 
Community,  has  proposed 
introduction  of  mutual 
recognition  of  type  approval  for  satellite  earth  station 
equipment as one of the major preconditions for, inter alia, a 
Community-wide market for satellite earth station equipment; 

the 

(5)  Whereas the Council, in its resolution of 30 June  1988*1) on 
the development of the common market for telecommunications 
services and equipment up to 1992, has confirmed  as a major 
goal  in  the  telecommunications  policy  the  full  mutual 
recognition  of  type  approval  for  terminal  equipment  on  the 
basis  of  the  rapid  development  of  common  European 
conformity specifications; 

(6)  Whereas the Council, in its resolution of 19 December 1991*2) 
on  the  development  of  a  common  market  for  satellite 
communications  services  and  equipment,  has  recognized  as 
one of the major  goals  in  satellite  telecommunications policy 
the  harmonization  and  liberalization  of  appropriate  satellite 
earth  station  equipment,  subject,  in  particular,  to  conditions 
necessary for compliance with essential requirements; 

(7)  Whereas  the  Council,  in  its  Decision  87/95/EEC.C3) has  set 
out  the  measures  to  be  implemented  for  the  promotion  of 
standardization 
the  preparation  and 
implementation  of  standards  in  the  field  of  information 
technology and telecommunications; 

in  Europe  and 

93/97/EEC 

91/263/EEC 

93/97/EEC 

91/263/EEC 

OJ No C 257, 4. 10. 1988, p. 1. 

W 
(2)  OJ No C 8, 14. 1. 1992, p.l. 
<3)  OJ No L 36,7. 2. 1987, p. 31. 

(8)  Whereas  the  Council,  in  its  resolution  of  7  May  1985*1)  has 
provided  for  a  new  approach  to  technical  harmonization  and 
standards; 

the 

terms 

'telecommunications 

(9)  Whereas the scope of this Directive must be based on a general 
definition  of 
terminal 
equipment' and 'satellite earth station equipment* so as to allow 
the  technical  development  of  products;  whereas  the  scope 
excludes purpose-built satellite earth station equipment intended 
for  use  as  part  of  the  public  terrestrial  telecommunications 
network; whereas this is intended to exclude, inter alia, gateway 
satellite earth stations for major trunking applications within the 
context  of  the  infrastructure, provision  (such  as  large-diameter 
stations) and earth stations for satellite tracking and control; 

15. 

93/97/EEC 
(adapted) 

(10)  Whereas  this  Directive  does  not  affect  current  special  or 
exclusive  rights  concerning  satellite  communications  which 
may,  in  accordance  with  Community  law,  be  retained  by  the 
Member States; 

16. 

6. 
+ 
4. 

91/263/EEC 

93/97/EEC 

10.  91/263/EEC 
(adapted) 

(11)  Whereas harmonizing conditions for the placing on the market 
of  telecommunications  terminal  equipment  will  create  the 
conditions for an open and unified  market; whereas  the  same 
applies  to  the  goal  of  an  advanced,  open  Communfty^wide 
market  for  satellite  earth  station  equipment  .which  requires 
effective  and efficient  harmonized  procedures  for  certification, 
testing,  marking,  quality  assurance  and  product  surveillance; 
whereas  the  alternative  to  Community  legislation  is  an 
analogous  system  of  provisions  negotiated  between  Member 
States, which would involve obvious difficulties  because of the 
number  of  organisms  which  would  be  involved  in  multiple 
bilateral negotiations; whereas this is not practicable,  rapid or 
efficient; whereas therefore the objectives of the proposed action 
cannot be sufficiently  achieved by the Member States; whereas 
on  the  contrary  the  form  of  a  Community  directive  has 
repeatedly  shown  itself  in  the  sector  of  telecommunications 
among others, to  be  a  practicable,  rapid  and  efficient  means; 
whereas  the  objective  of  the  action  under  consideration  can 
therefore be better achieved at Community level; 

(12)  Whereas  Community  law  in  its  present  form  provides  -
notwithstanding one of the fundamental rules of the Community, 
namely  the  free  movement  of  goods  -  that  obstacles  to 
movement within the Community, resulting from disparities in 
national  legislation  on  the  marketing  of  products,  must  be 
accepted  in  so far  as  such requirements  can  be  recognized  as 
being  necessary  to  satisfy  imperative  requirements;  whereas, 
therefore, the harmonization of laws in this case must be limited 
only to those  requirements  necessary  to  satisfy  the  essential 
terminal 
requirements 
equipment  and  satellite  earth  station  equipment;  whereas 
these  requirements  must  replace 
the  relevant  national 
requirements because they are essential; 

telecommunications 

relating 

to 

(1)  OJ No C 136,4.6.  1985, p. 1. 

(13)  Whereas  the essential  requirements  must  be  satisfied  in  order  to 
safeguard  the  general  interest; whereas  those  requirements  must 
be applied with discernment to take account of the state of the art 
at the time of manufacture,  and economic requirements; 

11. 

(14)  Whereas  Council  Directive  73/23/EEC  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^1)  and  Council  Directive  83/189/EEC  of  28  March  1983 
laying  down  a  procedure  for the provision  of  information  in the 
field  of  technical  standards  and  regulations/2)  are  applicable 
inter  alia,  to  the  fields  of  telecommunications  and  information 
technology, 

(15)  Whereas  Directive  73/23/EEC  in  general  also  covers  safety  of 

7. 

persons; 

93/97/EEC 

the  protection  of  apparatus 

(16)  Whereas  Council  Directive  89/336/EEC  of  3 May  1989  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to 
electromagnetic compatibility3) sets out harmonized procedures 
for 
from  electromagnetic 
disturbances  and  defines  the  protection  requirements  and 
inspection  procedures  relating  thereto;  whereas  the  general 
requirements  of  Directive  89/336/EEC  apply  inter  alia  to  the 
fields  of  telecommunications  and  information  technology 
and  also  to  satellite  earth  station  equipment;  whereas 
electromagnetic  compatibility  requirements  are  covered  by  this 
Directive  in  so  far  as  they  are  specific  to  satellite  earth  station 
equipment; 

8. 

93/97/EEC 

+ 

13. 

91/263/EEC 
(adapted) 

(1)  OJ No L 77, 26. 3. 1973, p. 29. Directive as amended by Directive  93/68/EEC. 
(2)  OJ No L 109,26.4.  1983, p. 8. Directive as last amended by Directive 94/10/EC (OJ No L 100,19.4.  1994, p. 30). 
(3)  OJ No L 139, 23. 5.  1989, p. 19. Directive as last amended by Directive 93/68/EEC. 

14. 

91/263/EEC 

(17)  Whereas  in respect  of the  essential  requirements  and  in  order  to 
help manufacturers  to prove conformity  to  those requirements,  it 
is  desirable  to  have  standards  harmonized  at  European  level  to 
safeguard  the general  interest  in the  design  and  manufacture  of 
terminal equipment and  in order to allow checks as to  conformity 
to  those  requirements;  whereas  these  standards,  harmonized  at 
European  level  are  drawn  up  by  private-law  bodies  and  must 
retain  their  non-binding  status;  whereas  for  this  purpose  the 
European  Committee  for  Standardization  (CEN),  the  European 
Committee  for  Electrotechnical  Standardization  (Cenelec)  and 
the European Telecommunications Standards Institute (ETSI), are 
to  adopt  harmonized 
the  bodies  recognized  as  competent 
standards;  whereas,  for  the  purposes  of  this  Directive,  a 
harmonized  standard  is  a  technical  specification  (European 
standard  or  harmonization  document)  adopted  by  one  of  those 
bodies,  on  the  basis  of  a  remit  from  the  Commission 
in 
accordance with  the  provisions  of Directive  83/189/EEC,  and  in 
accordance with the general guidelines referred  to above; 

(18)  Whereas  in  respect  of  the  essential  requirements  relating  to 
mterworking  with  public  telecommunications  networks  and,  in 
cases where it is justified, through such networks, it is in  general 
not possible to comply with  such requirements  other than by  the 
application of ad hoc  technical  sohitionsrwhereas such  solutions 
should therefore be mandatory, 

15. 

(19)  Whereas the proposals for common technical regulations are, as a 
general rule, drawn up on the basis of harmonized standards, and 
in order  to  ensure  appropriate  technical  coordination  on  a  broad 
European  basis,  through  additional  consultations,  in  particular 
with 
the  Telecommunications  Regulations  Application 
Committee (TRAC); 

(20)  Whereas satellite earth station equipment  is configured,  as far  as 
its interface to the space-based system is concerned, either for  the 
the 
emission  of  radio-communications  signals  or  for  both 
emission  and  reception  of  radio-communications  signals,  or  for 
the reception-only of radio-communications signals; 

(21)  Whereas  satellite  earth  station  equipment  is,  as  far  as  the 
terrestrial  interface  is concerned, either  intended  or not  intended 
for  terrestrial  connection  to  the  public 
telecommunications 
network; 

(22)  Whereas orbits (such  as the geo-stationary orbit, low earth  orbits 
and elliptical  orbits) are paths in space  described  by  satellites  or 
other  space-based  systems, and  are limited  resources  determined 
by nature; 

11. 

93/97/EEC 

17. 

(adapted) 

18. 

19. 

(23)  Whereas orbital resources are used in conjunction  with the radio 
frequency  spectrum which is also a limited resource determined 
by nature; whereas transmitting satellite earth station equipment 
makes use of both those resources; 

20.  93/97/EEC 

(adapted) 

(24) 

Whereas the effective use of orbital resources in conjunction with 
the  radio  frequency  spectrum  and  avoidance  of  harmful 
interference between space-based and terrestrial communications 
systems  and  other  technical  systems  is  of  importance  for  the 
development of European satellite communications; whereas the 
International  Telecommunications  Union  (ITU)  establishes 
criteria for effective  use of orbital resources as well as for radio-
coordination to  enable  space and terrestrial  systems  to co-exist 
without undue interference; 

21. 

(25) 

Whereas harmonizing conditions for the placing on the market of 
satellite earth station equipment will create the conditions 

22. 

(adapted) 

permitting  an  effective  use  of  orbital 
resources  and  the  radio  frequency  spectrum  and  will  facilitate 
avoidance  of  harmful  interference  between  space-based  and 
terrestrial communications systems and other technical systems; 

(26) 

Whereas  in  respect  of  the  essential  requirements  related  to 
effective  use  of  orbital  resources  and  the  radio frequency 
spectrum,  and  avoiding  harmful  interference  with  space-based 
and  terrestrial  communications  systems  and  other  technical 
systems,  it  is  in  general  not  possible  to  comply  with  such 
requirements  other  than by the  application  of  special  technical 
solutions;  whereas  common  technical  regulations  are  therefore 
necessary; 

23. 

(27)  Whereas satellite earth station equipment capable of being used 
for  emission  or  for  emission  and  reception  of  radio-
communication signals may be subject to licensing, in addition to 
the provisions of this Directive; 

25. 

(adapted) 

(28)  Whereas satellite earth station equipment, capable only of being 
used for the reception of radio-communications signals, may not 
be subject  to licensing  but only 
to the  provisions of 
this Directive unless they are intended for terrestrial  connection 
to  the  public  telecommunications  network,  as  proposed  in  the 
Green Paper on satellite communications in the Community 

;  whereas the use  of such satellite  earth  station  equipment 
must be in conformity with national regulations compatible with 
Community law, 

26. 

(29)  Whereas it is essential to ensure that notified bodies are of a high 
standard throughout the Community and meet minimum criteria 
of competence, impartiality and financial and other independence 
from  clients; 

17. 

91/263/EEC 

(30)  Whereas  the Approvals  Committee  for  Terminal  Equipment 
(ACTE)  composed  of  representatives  of  the  Member  States 
and chaired by the representative of the Commission, should 
assist the Commission in executing the tasks entrusted to it; 

12. 

934/97/EEC 
(adapted) 

(31)  Whereas representatives of the telecommunication organizations, 
users, consumers, manufacturers, service providers and the trade 
unions should have the right to be consulted; 

28. 

(32)  Whereas  ACTE 

in  close 
cooperation  with  relevant  committees  dealing  with  licence 
procedures for satellite networks and services; 

should  work 

(33)  Whereas the Member States' responsibility for safety, health and 
the other aspects covered by the essential requirements on their 
territory must be recognized in a  safeguard  clause providing  for 
proper Community protection procedures; 

31. 

(adapted) 

19. 

91/263/EEC 

(34)  Whereas  the  addressees  of  any  decision  taken  under  this 
Directive must be informed of the reasons for such a decision and 
the remedies available to them; 

20. 

(35)  Whereas transitional arrangements are required in order that the 
manufacturers  have the necessary time to adapt  the design and 
production  of  satellite  earth  station  equipment  to  meet  the 
common  technical  regulations;  whereas  in  order  to  have  the 
necessary flexibility the transition arrangements must be worked 
out  on  a  case-by-case  basis;  whereas  the  common  technical 
regulations shall lay down the necessary transition arrangements; 

30. 

93/97/EEC 

(36)  Whereas  real,  comparable  access  to  third  country  markets,  in 
particular the United States of America and Japan, for European 
manufacturers should preferably be achieved through multilateral 
negotiations  within  the  World  Trade  Organization  (WTO), 
although  bilateral  talks  between  the  Community  and  third 
countries may also contribute to this process; 

27. 

(37)  Whereas, this Directive should not affect  the obligations on the 
part  of  the  Member  States  œnœrning  the  deadlines  for  the 
transposition of the Directives set out in Annex X, Part B, 

HAVE ADOPTED THIS DIRECTIVE: 

10 

TABLE OF CONTENTS 

ARTICLE 1  SCOPE AND DEFINITIONS 

TITLE I 

TELECOMMUNICATIONS  TERMINAL EQUIPMENT 

TITLE H 

SATELLITE EARTH STATION EQUIPMENT 

TITLE m 

COMMON PROVISIONS 

ANNEX I 

EC TYPE-EXAMINATION 

ANNEX H 

CONFORMITY  OF TYPE 

ANNEX HI  PRODUCTION  QUALITY ASSURANCE 

~ 

ANNEX TV  FULL QUALITY ASSURANCE 

12 

13 

19 

24 

27 

30 

31 

34 

ANNEX V  MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES 

WHEN DESIGNATING NOTIFIED BODIES IN ACCORDANCE WITH 
ARTICLE 11(1) 

ANNEX VI  MARKING FOR THE TERMINAL EQUIPMENT REFERRED TO 

IN ARTICLE 12 (1) 

38 

40 

ANNEX Vn  MARKING FOR THE EQUIPMENT REFERRED TO IN ARTICLE 12 (4) 

41 

ANNEX Vm  MODEL OF DECLARATION REFERRED TO IN ARTICLE 3 (1) 

ANNEX IX  COMMUNITY INTERNAL PRODUCTION  CONTROL PROCEDURE 

ANNEX X 

PART A: LIST OF REPEALED DIRECTIVES 
PART B: LIST OF DEADLINES  FOR  TRANSPOSITION 
INTO NATIONAL LAWS 

ANNEXXI  CORRELATION TABLE 

42 

43 

44 

45 

46 

11 

Article 1 

1.  This Directive shall apply to terminal equipment and to satellite earth 
station equipment 

2. 

For the purpose of this Directive: 

telecommunications  network 

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

shall  mean 

the 

91/263/EEC 
93/97/EEC 
Art  1(1) 
(adapted) 

91/263/EEC 
Art  1(2) 
(adapted) 

terminal equipment shall mean equipment intended to be connected to the 
public telecommunications network, namely: 

(a) to  be  connected  directly 

to 

the 

termination  of  a  public 

telecommunications network; or 

(b) to interwork with a public telecommunications network being connected 
directly or indirectly to the termination of a public telecommunications 
network 

m order to emit, process or receive information. 

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

technical specification  shall mean 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, 

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

satellite earth station equipment shall mean equipment which is capable of 
being  used  either  for  emission  only,  or  for  emission  and  reception 
(emission-receive),  or  for  reception  only  (receive-only),  of  radio-
communication signals by means of satellites or other space-based systems, 
but excluding satellite earth station equipment  intended  for  use as part of 
the public telecommunications network of a Member State, 

93/97/EEC 
Article 1 (2) 
(adapted) 

terrestrial connection to the public telecommunications network shall mean 
any connection to the public telecommunications  network  which  does not 
include a space segment 

12 

TITLE  1 
Telecommunications  terminal  equipment 

Chapter I 
Placing on the market and free  circulation 

91/263/EEC 

Article  2 

Article 1  (3Ï 

The intended purpose of the equipment shall  be declared by the manufacturer or 
supplier of the equipment  However,  terminal  equipment  within  the  meaning  of 
Article  1  (2),  second  indent  which  makes  use  of  a  system  of  communication 
employing the radio frequency spectrum is presumed to be intended for connection 
to the public telecommunications network. 

Article  3 

Article 2 

1.  Notwithstanding Article 2, equipment which is  capable of being  connected 
to the public telecommunications network, but is not intended for such a purpose, 
shall be accompanied by a manufacturer's or supplier's declaration, the model  of 
which is to be found in Annex VHI and by the operating  manual. At the time  of 
placing  the  equipment  on  the  market  for  the  first  time,  a  copy  of  such 
documentation shall be transmitted to the notified  body referred to in Article  11 
(1)  in the Member  State  where  this  first  placing  on  the  market  takes  place.  In 
addition, such equrpmentshïùTbe subject to the provisions of Article  12 (4). 

The manufacturer or supplier shall be prepared to justify once, at the request 
2. 
of any notified  body referred to in Article  11  (1),  the  intended  purpose  of  such 
equipment on the basis of  its relevant technical  characteristics,  its  functions  and 
indications of the market segment it is intended for. 

Article 4 

Article 3 

1.  Member States  shall take all appropriate measures to ensure  that  terminal 
equipment may be placed on the market and put into service  only  if  it bears the 
CE  marking  provided  for  in  Article  12  attesting  to  its  conformity  to  the 
requirements  of  this  Directive,  including  the  conformity  assessment  procedures 
laid down in Chapter II and where it is properly installed and maintained and used 
for its intended purpose. 

93/68/EEC 
Article 11 (3) 

2.  Member  States  shall  also  take  all  appropriate  measures  to  ensure  that 
equipment referred to  in Article 3  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), first  indent 

91/263/EEC 

3.  Member  States  shall  also  take  all  appropriate  measures  to  ensure  that 
terminal equipment or equipment referred to in Article 3  is disconnected from the 
public  telecommunications  network  if  it  is  not  used  for  its  intended  purpose. 
Member  States  may moreover  take  all  appropriate  measures,  according  to  their 
national laws, to prevent connection to the public telecommunications  network of 
terminal equipment that is not used in conformity with its intended purpose. 

13 

4. 

(a)  Where the terminal equipment is subject to other Directives concerning 
other aspects and which also provide for the affixing  of the CE marking, 
the latter shall indicate that the equipment is also presumed to conform 
to the provisions of those other Directives. 

93/68/EEC 
Article 11 (4) 

(b) However,  where  one  or  more  of  those  Directives  allow  the 
to  choose  which 
manufacturer,  during  a 
arrangements to apply, the CE marking shall indicate conformity to the 
provisions only of those Directives applied by the manufacturer. In such 
a case, particulars of the Directives applied, as published in the Official 
Journal of the European Communities, must be given in the documents, 

transitional  period, 

.  notices or instructions required by the Directives and accompanying the 

terminal equipment 

Article 5 

91/263/EEC 

Article 4 

Terminal equipment shall satisfy the following essential requirements: 

(a)  user  safety,  in  so  far  as  this  requirement  is  not  covered  by  Directive 

73/23/EEC; 

(b) 

safety of employees of public telecommumcations networks operators, in so 
far as this requirement is not covered by Directive 73/23/EEC; 

(c)  electromagnetic compatibility requirements in so far as they are specific to 

terminal equipment; 

(d)  protection of the public telecommunications network from harm; 

(e)  effective use of the radio frequency spectrum, where appropriate; 

(f) 

interworking  of  terminal  equipment  with  pubhc  telecommumcations 
network equipment for the purpose of establishing, modifying, charging for, 
holding and clearing real or virtual connection; 

(g) 

interworking  of  terminal  equipment  via  the  public  telecommunications 
network, in justified cases. 

The cases where terminal equipment supports: 

(i)  reserved service according to Community law, or 

(ii) a  service  which  the  Council  has  decided  that  there  should  be 

Community-wide availability, 

are  considered  as  justified  cases  and  the  requirements  concerning  this 
interworking are determined in accordance with the procedure provided for 
in Article 29. 

14 

Article 5 

Article 6 

In  addition,  after  consultation  of  representatives  of  the  bodies  referred  to  in 
Article  28 (3) and  taking due account  of  the result  of these  consultations,  the 
Commission may propose that this essential requirement be recognized as being 
justified  for other terminal equipment in accordance with the procedure provided 
for in Article 29. 

91/263/EEC 

Article 6 

Member States shall not impede the placing on the market and the free circulation 
and  use  on  their  territory  of  terminal  equipment  which  complies  with  the 
provisions of this Directive. 

Article 7 

1.  Member States shall presume compliance with the essential  requirements 
referred  to in Article 5 (a) and (b) in respect of terminal equipment which is in 
conformity  with  the  national  standards  implementing  the relevant harmonized 
standards, the references of which have been published in the Official Journal of 
the European Communities.  Member States shall publish the references of such 
national standards. 

2.  The  Commission  shall,  in  accordance  with  the  procedure  laid  down  in 
Article 29, adopt-

as a first step, the measure identifying  the type of terminal equipment  for 
which a common technical regulation is required, as well as the associated 
scope statement  for that regulation, with a view to its transmission to the 
relevant standardization bodies, 

as  a  second  step,  once  they  have  been  prepared  by  the  relevant 
standardization  bodies,  the  corresponding  harmonized  standards,  or  parts 
thereof, implementing the essential requirements referred to in Article 5 (c) 
to  (g)  which  shall  be  transformed  into  common  technical  regulations, 
compliance with which shall be mandatory and the reference of which shall 
be published in the Official Journal of the European Communities. 

Article 8 

Article 7 

Where  a  Member  State  or  the  Commission  considers  that  the  harmonized 
standards referred  to in Article  7  exceed or  do not  entirely  meet  the  essential 
requirements referred to  in  Article  5,  the  Commission  or  the  Member  State 
concerned shall bring the matter before the Committee referred  to in Article 28, 
hereinafter  referred  to  as  the  Committee,,  giving  the  reasons  therefor.  The 
Committee shall deliver an opinion as soon as possible. 

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

15 

Article 9 

91/263/EEC 

Article 8 

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

The Member State concerned  shall  immediately  inform  the Commission  of any 
such measure indicating  the reasons  for  its decision, and  in  particular  whether 
non-compliance is due to: 

(a) 

incorrect  application  of  the  harmonized  standards  or  common  technical 
regulations referred to in Article 7; 

(b) 

shortcomings in the harmonized standards or common technical regulations 
referred  to in Article 7 themselves. 

2.  The Commission shall enter into consultation with the parties concerned as 
soon as possible. Where, after  such consultation, the Commission finds that any 
measure as referred to in paragraph  1 is justified  it shall immediately so inform 
the Member State that took the action and the other Member States. Where the 
detisica^efêrredto in paragraph 1 is attributed to shortcomings in the harmonized-
standards or common technical regulations, the Commission, after  consulting the 
parties concerned, shall bring the matter before the Committee Avithin two months 
if the Member State which has taken the measure intends to maintain them, and 
shall initiate the procedure referred to in Article 8. 

3.  Where  terminal  equipment  which  does  not  comply  with  the  relevant 
essential requirements bears the CE marking the competent Member State shall 
take appropriate  action against  whomsoever has affixed  the  marking  and  shall 
inform the Commission and the other Member States thereof. 

93/68/EEC 
Article 11(1) 
(adapted) 

4.  The Commission shall keep the Member State informed of the progress and 
outcome of the procedure. 

Chapter II 

Conformity assessment 

Article 10 

1.  According to the choice of the manufacturer or his authorised representative 
established within the Commumty, terminal equipment shall be subject to either 
the EC type-examination, as  described  in Annex I, or to the EC declaration of 
conformity, as described in Annex IV. 

2.  An EC type-examination as described in Annex I shall be accompamed by a 
declaration issued according to the EC declaration of conformity to type procedure 
as described in Annex II or Annex HL 

Article 9 

16 

3.  The records and correspondence relating to the procedure referred to in this 
Article  shall  be  in  an  official  language  of  the  Member  State  where  the  said 
procedure will  be carried  out  or  in a  language acceptable  to  the  notified  body 
involved. 

91/263/EEC 

Article 11 

Article 10 

1.  Member States shall notify the Commission and the other Member States of 
the  bodies  established  within  the  Community  which  they  have  designated  for 
carrying  out the  certification,  product  checks  and  associated  surveillance  tasks 
pertaining  to  the  procedures  referred  to  in  Article  10,  together  with  the 
identification numbers assigned to them beforehand by the Commission. 

93/68/EEC 
Article 11 (5) 

Member  States  shall  apply  the  minimum  criteria  set  out  in  Annex  V  for  the 
designation of such bodies. Bodies that satisfy  the criteria fixed by the  relevant 
harmonized standards shall be presumed to satisfy the criteria set out in Annex V. 

2.  Member States shall inform the Commission of test laboratories established 
in the Community which they have designated for carrying out tests pertaining to 
the procedures referred to in Article  10. Notified  bodies shall apply the criteria 
fixed  by  the  appropriate  parts  of  the  relevant  harmonized  standards  for  the 
designation of such laboratories. 

91/263/EEC 

3.  The  Commission  shall  publish  in  the  Official Journal  of  the  European 
Communities a list of notified  bodies together with their identification  numbers 
and a list of test  laboratories, together with the tasks for  which they have been 
designated, and shall ensure that those lists are kept up to date. 

93/68/EEC 
Article 11 (6) 

4.  A Member State having designated a notified body or a test laboratory under 
paragraph  1 or  2  shall  annul  the  designation  if  the  notified  body  or  the  test 
laboratory  no  longer  meets  the  relevant  criteria  for  designation.  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 
referred  to in Article 28, 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. 

91/263/EEC 

17 

5. 
In order to facilitate the determination of conformity  of terminal equipment 
with  technical  regulations  and  standards,  the  notified  bodies  shall  recognize 
documentation issued by third country relevant bodies, when agreements between 
the Community and the third country concerned have been concluded on the basis 
of a mutually satisfactory understanding. 

91/263/EEC 

6.  The notified  bodies shall, when issuing an EC type-examination  certificate 
as referred  to  in Annex I,  followed  by the appropriate  document  referred  to  in 
Annex II or DT,  or a decision  on quality assurance  assessment  as referred  to in 
Annex IV, issue at the same time an admimstrative approval for the connection of 
the concerned terminal equipment to the public telecommunications network. 

Chapter HI 
CE marking of conformity and inscriptions 

93/68/EEC 

Article 12 

Article 11 

1.  The  marking  of terminal equipment  complying  with  this  Directive  shall 
consist  of  the  CE  marking  consisting  of  the  initials  CE,  followed  by  the 
identification number of the notified body involved in the production control stage 
and  a  symbol  indicating  that  the  equipment  is  intended  and  is  suitable  to  be 
connected to the public telecommunications network. The form of CE marking to 
be used, together with the other information, is shown in Annex VI. 

2.  The affixing  of markings on the equipment which are likely to deceive third 
parties as to the meaning and form of the CE marking  specified  in Annexes VI 
and Vil shall be prohibited. Any other marking may be affixed  to the equipment 
provided  that  the  visibility  and  legibility  of  the  CE  marking  is  not  thereby 
reduced. 

93/68/EEC 
Article 11 (7) and (8) 

Terminal  equipment  shall  be identified  by  the  manufacturer  by means of 
3. 
type, batch and/or serial  numbers and by the name  of  the  manufacturer  and/or 
supplier responsible for placing it on the market 

91/263/EEC 

4.  Equipment manufacturers or suppliers who place on the market equipment 
as referred to in Article 3 shall affix the symbol specified  in Annex VII in such a 
way that it follows the initials CE as shown in Annex VI and visually forms  an 
integral part of the total marking. 

93/68/EEC 
Article 11 (2) 

Article 13 

Article 12 

Without prejudice to Article 9: 

(a)  where a Member  State  establishes  that  the  CE marking  has  been  affixed 
improperly,  the  manufacturer  or  his  authorized  representative  established 
within the Community shall be obliged to make the equipment conform  as 
regards  the  provisions  concerning  the  CE  marking  and  to  end  the 
infringement under the conditions imposed by the Member State. 

(b)  where  non-conformity  continues,  the  Member  State  must  take  all 
appropriate measures to restrict or prohibit the placing on the market of the 
equipment in question or to ensure that it is withdrawn from the market in 
accordance with the procedures laid down in Article 9. 

93/68/EEC 
Article 11  (9) 

18 

TITLE  H 

Satellite  earth  station  equipment 

Chapter I 

93/97/EEC 

Placing on the market and free  circulation 

Article  14 

Article  1 (3^ 

The  manufacturer  or  supplier  of  satellite  earth  station  equipment  shall  declare 
whether the equipment is intended or not intended for terrestrial  connection to the 
public telecommunications network. 

Article  15 

Article 2 

1.  Member  States  shall  take  all  appropriate  measures  to  ensure  that  receive-
only satellite earth station equipment not intended for  terrestrial  connection to the 
pubhc  telecommumcations  network  may  be  placed  on  the  market  and  put  into 
service  and  used  on  their  territory,  in  conformity  with  national  law  compatible 
with  Community  law,  provided  that  it  complies  with  the  requirements  of  this 
Directive  when  it  is  properly  installed  and  maintained  and  used  for  its  intended 
purposes. 

Such  use  must  be  in  conformity  with  any  national  law,  compatible  with 
Community  law, which restricts  the use to the  reception  of  services  intended  for 
that user. 

2.  Member  States  shall  take  all  appropriate  measures  to  ensure  that  other 
satellite earth station equipment may be  placed  on the  market  only if it  complies 
with  the  requirements  of  this  Directive  when  it  is  properly  installed  and 
maintained and used for its intended purposes. The use of such equipment may be 
subject to licensing in conformity with Community law. 

19 

3.  Member  States  shall  also  take  all  appropriate  measures  to  ensure  that 
satellite earth station equipment which is not intended for terrestrial connection to 
the public telecommunications network  is not  permitted  to be connected  to the 
pubhc telecommunications network. 

93/97/EEC 

4.  Member  States  shall  also  take  all  appropriate  measures  to  ensure  that 
satellite earth station equipment which is not intended for terrestrial connection to 
the  pubhc  telecommunications  network  is  disconnected  from  the  pubhc 
telecommunications  network. 

Member States shall moreover take all appropriate measures, according to their 
national laws, to prevent terrestrial connection to the pubhc telecommumcations 
network of such equipment 

Article 16 

Member States shall not impede the free circulation and the placing on the market 
of satellite earth station equipment conforming to the provisions of this Directive. 

Article 17 

Satellite  earth  station  equipment  shall  satisfy 

1. 
requirements as those set out in Article 5. 

the  same  essential 

(adapted) 

For the purpose of this Directive, the essential requirements of Article 5 (a) 

2. 
shall imply the safety of persons in the same way as in Directive 73/23/EEC. 

3. 
In  the  context  of  emission  or  emission-receive  satellite  earth  station 
equipment, the essential requirement set out in Article 5 (e) concerning effective 
use  of  the radio frequency spectrum  shall  include  the  effective  use  of  orbital 
resources  and  the  avoidance  of  harmful  interference  betw 
.pacc-Htsed  and 
terrestrial communications systems and other technical systems. 

4. 
In  the  context  of  satellite  earth  station  equipment,  electromagnetic 
compatibility requirements in so far as they are specific  to satellite earth station 
equipment shall be subject to the essential requirement set out in Article 5 (c). 

Satellite earth station equipment shall satisfy  the essential requirement set 
5. 
out in Article 5 (f), regarding the interworking of satellite earth station equipment 
with the pubhc telecommunications network. 

Article 3 

Article 4 

20 

6. 
Satellite earth station equipment shall satisfy  the essential requirement set 
out in Article 5 (g) regarding the interworking of satellite earth station equipment 
via the pubhc telecommunications network in justified cases. 

93/97/EEC 

Cases  where  satellite  earth  station  equipment  is  capable  of  supporting  and 
intended to support a service for which the Council has decided that there should 
be  Community-wide  availability  are  considered  as  justified  cases  and  the 
requirements concerning this interworking shall be determined in accordance with 
the procedure laid down in Article 29. 

7.  Notwithstanding  paragraphs  1, 5  and  6,  satellite  earth  station  equipment 
which is not intended  for  connection  to the public telecommumcations network 
shall not be required to satisfy the essential requirements set out in Article 5 (b), 
(d),(f)and(g). 

Article 18 

Article 5 

1.  Member States shall presume compliance with the  essential  requirements 
referred  to in Article 5 (a) and (b) in respect of satellite earth station equipment 
which  is  in  conformity  with  the  national  standards  implementing  the  relevant 
harmonized standards, the references of which have been published in the Official 
Journal  of  the  European  Communities. Member  States  shall  publish  the 
references of such national-standards. 

2.  The  Commission  shall,  in  accordance  with  the  procedure  laid  down  in 
Article 29, adopt 

as a first step, the measures  identifying  the type of satellite  earth  station 
equipment for which a common technical regulation is required, as well as 
the  associated  scope  statement  for  that  regulation,  with  a  view  to  its 
transmission to the relevant standardization bodies, 

as  a  second  step,  once  they  have  been  prepared  by  the  relevant 
standardization  bodies,  the  corresponding  harmonized  standards,  or  parts 
thereof, implementing the essential requirements referred  to in Article  17 
(3) to (6), which shall be transformed  into  common technical regulations, 
compliance with which shall be mandatory and the reference of which shall 
be published in the Official Journal of the European Communities. 

Article 19 

Article 6 

Where  a  Member  State  or  the  Commission  considers  that  the  harmonized 
standards referred to in Article  18 exceed or  do not entirely  meet the relevant 
essential requirements referred to in Article 17, the same enquiry and notification 
procedures shall apply as those set out in Article 8. 

21 

Article 20 

93/97/EEC 

Article 7 

1.  Where a Member State finds that satelhte earth station equipment bearing 
the marking under the provisions laid down in Chapter HI does not comply with 
the relevant essential  requirements  when properly  used  in  accordance  with  the 
purpose  intended  by  the  manufacturer,  the  same  measures,  information  and 
consultation procedures shall apply as those set out in Article 9(1), (2) and (4). 

2.  Where  satelhte  earth  station  equipment  which  does  not  comply  with  the 
relevant essential  requirements  bears  the  CE marking,  the  competent  Member 
State shall take appropriate action against whomsoever has affixed  the marking. 
The same notification procedures shall apply as those set out in Article 9 (3) and 
(4). 

Chapter H 
Conformity assessment 

Article 21 

Article 8 

1.  All  emission  or  emission-receive  satelhte  earth  station  equipment  shall, 
according  to  the  choice  of  the  manufacturer  or  his  authorized  representative 
established within the Community, be subject to all the provisions~of Article 10 
( 1 ) and (2) concerning conformity assessment 

(adapted) 

2.  The same procedures regarding language requirements shall apply as those 
set out in Article 10 (3). 

Article  22 

Article 9 

Receive-only satelhte  earth  station  equipment  which  is  intended  for  terrestrial 
connection to the pubhc telecommunications network shall, as far as its terrestrial 
interface is concerned, be subject to the provisions of Article 21 (1) concerning 
conformity assessment while, as far as other elements are concerned, they shall be 
subject  either to the provisions of Article 21 (1) or to the Community  internal 
production control procedure set out in Annex DC. 

Article 23 

Article 10 

Receive-only satelhte earth station equipment which is not intended for terrestrial 
connection to the pubhc telecommunications network shall be subject either to the 
provisions  of  Article  21  (1)  or  to  the  Community  internal  production  control 
procedure set out in Annex DC. 

22 

Article 24 

93/97/EEC 

Article 11 

In addition  to  the  provisions  of Articles  21, 22  and  23, satelhte  earth  station 
equipment which is not intended for connection to the pubhc  telecommunications 
network shall be accompanied by a manufacturer's  or supplier's declaration made 
and  transmitted  in  accordance  with  the  same  procedures  as  those  set  out  in 
Article 3 and Annex VHL 

Article 25 

Article 12 

hi relation to satelhte earth station equipment, the same procedures  for  notified 
bodies and test laboratories shall apply as those set out in Article  11 and Annex 
V. 

Chapter HI 
CE marking of conformity and inscriptions 

Article 26 

Article 13 

1.  The marking of sateUite earth station equipment by sateUite complying with 
this  Directive  shaU  consist  of  the  CE  marking  consisting  of  the  symbol  CE, 
foUowed  by  the  identification  number  of  the  notified  body  responsible  and, 
where relevant,  by  a  symbol  indicating  that  the  equipment  is  intended  and  is 
suitable  to  be  connected  through  a  terrestrial  connection  to  the  pubhc 
telecommunications  network. The CE  symbol, and  the  identification  number 
symbol shall be the same as those-shown-in Annex VL 

2.  The affixing  of marks which are likely to be confused with the CE marking 
referred  to in paragraph 1 above shah be prohibited. 

3. 
SateUite earth station equipment shaU be identified  by the manufacturer by 
means of type, batch and/or serial numbers and by the name of the manufacturer 
and/or supplier responsible for placing it on the market 

4.  Notwithstanding  paragraph  1, the  marking  of  receive-only  sateUite  earth 
station equipment which is not intended  for  terrestrial  connection to the  pubhc 
telecommunications  network  and  which  has  been  subject  to  the  Community 
internal production control procedure set out in Annex DC 

shah  consist  of  the  CE  marking,  consisting  of  the 

symbol CE. 

Article 27 

Article 14 

Where  it  is  established  that  the  marking referred to  in  Article  26  (1)  of  this 
Directive has been affixed to sateUite earth station equipment which: 

does not conform to an approved type, or 

conforms  to  an  approved  type  which  does  not  meet  the  essential 
requirements applicable to it, or 

where  the  manufacturer  has  failed  to  fulfil  his  obligations  under  the  relevant 
Community declaration of conformity,  the same procedures  shaU apply as those 
set out in Article 13. 

23 

TITLE  m 
COMMON  PROVISIONS 

Chapter I 
Committee 

Article 28 

91/263/EEC 

Article 13 

1.  The Commission  shah  be assisted by a  Committee  of an  advisory  nature 
composed  of  the  representatives  of  the  Member  States  and  chaired  by  the 
representative of the Commission. The Committee shaU be caUed the Approvals 
Committee for Terminal Equipment (ACTE). 

2. 
The representative of the Commission shah submit to the Committee a draft 
of the measure to be taken. The Committee shaU deliver its opinion on the draft, 
within a time limit which the chairman may lay down according to the urgency of 
the matter, if necessary by taking a vote. 

The opinion shah be recorded  in the minutes;  in addition,  each Member  State 
shaU have the right to ask to have its position recorded in the minutes. 

The Commission  shaU take the utmost account of the opinion delivered  by the 
Committee. It shah inform the Committee of the manner in which its opinion has 
beenrtaken intoaccouut 

3.  The  Commission  shah  periodicaUy  consult  the  representative  of  the 
telecommunications  organizations, the  users, the consumers, the  manufacturers, 
the  service providers and  trade  unions and  shaU inform  the  Committee on  the 
outcome of such consultations, with a view to taking due account of the outcome. 

93/97/EEC 

Article 29 

Article 14 

1.  Notwithstanding Article 28 (1) and (2), the foUowing procedure shaU apply 
for matters covered by Articles 5 (g), 7 (2), 17 (6) and 18 (2). 

2.  The  representative  of  the  Commission  shaU  submit  to  the  Committee 
referred  to  in Article  28  a draft  of the measures  to be  taken  as  referred  to  in 
Articles 5 (g), 7 (2), 17 (6) and  18 (2). The Committee shah deliver its opinion 
on the draft within a time limit which the chairman may lay down according to the 
urgency of the matter. The opinion shall be delivered by the majority laid down in 
Article 148 (2) of the Treaty in the case of decisions which the Countil is required 
to adopt on a proposal from the Commission. The votes of the representatives of 
the Member States within the Committee shah be weighted in the manner set out 
in that Article. The chairman shall not vote. 

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

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

I£ within three months from the date of referral  to it, the CouncU has not acted, 
the proposed measure shall be adopted by the Commission. 

24 

Chapter II 
Final and transitional provisions 

Article 30 

1.  The  Commission  shaU  draw  up  every  second  year  a  report  on  the 
implementation of this Directive, including progress on drawing up the relevant 
harmonized standards and on transforming them into technical regulations, as weU 
as any problems that have arisen in the course of implementation. The report will 
also outline the activities of the Committee, and assess progress in achieving an 
open competitive market  for terminal equipment at Community level  consistent 
with the essential requirements referred to in Article S. 

91/263/EEC 
93/97/EEC 

Article 15 
Article 17  m 

2.  The Commission shall, when submitting those draft measures referred to in 
Article 18 (2) dealing with common technical regulations, ensure that transition 
arrangements, where appropriate, form part of the draft measures. 

93/97/EEC 
Article 17 (2) 

Article  31 

Article 8 (3) 

Article 10 (5) of Directive 89/336/EEC shaU not apply to equipment falling within 
the scope of this Directive. 

Article 32 

91/263/EEC 

Article 16 

1.  Any type approval granted by Member  States in accordance with Council 
Directive 86/361/EECK1^ may remain valid under the legislation  of the Member 
States within the criteria of validity appropriate to the original approval. 

2.  Measures adopted under  Directive  86/361/EEC  shaU be  submitted  to the 
COmmittee  under  the  procedure  of  Article  29  for  possible  transposition  into 
common technical  regulations. 

Member States shaU inform the Commission of the main provisions of domestic 
law which they adopt in the field governed by this Directive. 

Article 33 

91/263/EEC 
93/97/EEC 

Article 17 (2) 
Article 18 (2) 

(1)  OJ No L 217,5.8.  1986, p. 21; Directive repealed by Directive 91/263/EEC. 

25 

Article 34 

1. The Directives listed in Annex X, Part A, are hereby repealed without prejudice 
to the obhgations of the Member States concerning the deadlines for transposition 
of the said Directives set out in Annex X, Part B. 

2. References to the repealed Directives shaU be construed as references  to this 
Directive and should be read in accordance with the correlation table in Annex XL 

Article 35 

This  Directive  shaU  enter  into  force  the  twentieth  day  foUowing  that  of  its 
publication in the Official Journal of the European Communities. 

This Directive is addressed to the Member States. 

Article 36 

Done at 

For the Parliament 
The President 

For the Council 
The President 

26 

ANNEX I 

91/263/EEC 

EC TYPE-EXAMINATION 

1.  EC type-examination is that part of the procedure whereby a notified  body 
ascertains  and  attests  that  a  specimen,  representative  of  the  production 
envisaged, meets the provisions of the Directive that apply to it. 

2.  The  apphcation  for  the  EC  type-examination  shah  be  lodged  by  the 
manufacturer  or  his  authorized  representative  established  vvithin  the 
Community with a notified body of his choice. 

The apphcation shaU include: 

- 

- 

the  name  and  address  of  the  manufacturer  and,  if  the  apphcation  is 
lodged  by  the  authorized  representative,  his  name  and  address  in 
addition, 

a written declaration that the same apphcation has not been lodged with 
any other notified body, 

. 

the technical documentation, as described in point 3. 

The applicant shaU place at the disposal of the notified  body a specimen, 
representative  of the production  envisaged and hereinafter  called  type'/1) 
The notified body may request further  specimens if needed for cairywg out 
the test programme. 

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

For  example,  the  documentation  shaU  contain  as  far  as  is  relevant  for 
assessment 

- 

a general type-description sufficient to identify the product preferably by 
provision of photographs, 

-  design  and  manufacturing  drawings  and  lists  of  components,  sub 

assemblies, circuits, etc., 

-  descriptions  and explanations  necessary  for  the  understanding  of said 

drawings and lists and the operation of the product, 

- 

a list of the standards referred to in Article 7, applied in full or in part, 
and  descriptions  of  the  solutions  adopted  to  meet  the  essential 
requirements of the Directive when the standards referred  to in Article 
7 have not been applied, 

W 

A type may cover several versions of the product provided that the differences between the versions do not affect the level of safety and the other 
requirements concerning the performance of the product 

27 

results of examinations carried out, etc., 

91/263/EEC 

test reports, 

proposed user information or handbook. 

4.  The notified body shaU: 

4.1.  examine  the  technical  documentation,  verify  that  the  type  has  been 
manufactured  in conformity  with  it  and  identify  the elements  which have 
been designed in accordance with the relevant provisions of the standards 
referred to in Article 7 (1), as well as the components of those standards; 

4.2.  perform,  or  have  performed,  the  appropriate  examinations  and  necessary 
tests to check whether the solutions adopted by the manufacturer  meet the 
essential requirements of the Directive which are specified  in Article 5 (a) 
and (b); 

4.3.  perform,  or  have  performed,  the  appropriate  examinations  and  necessary 
tests  to check that the type meets the relevant common techmcal regulations 
specified in Article 7 (2); 

4.4.  agree  with  the  applicant  on  the  location  where  the  examinations  and 

necessary tests are to be carried out 

5.  Where the type meets the provisions of the Directive, the notified body shaU 
issue  an EC type-examination  certificate  to the  applicant  The  certificate 
shall contain the name and address of the manufacturer,  conclusions of the 
examination,  conditions  for  its  validity  and  the  necessary  data  for 
identification of the approved type. 

A list of the relevant parts of the technical documentation shall be annexed 
to the certificate and a copy kept by the notified body. 

6.  The  applicant  shaU  inform  the  notified  body  that  holds  the  technical 
documentation  concerning  the  EC  type-examination  certificate  of  all 
modifications  to  the  approved  product  which  must  receive  additional 
approval where such changes may affect  the conformity  with the essential 
requirements  or  the  prescribed  conditions  for  use  of  the  product.  This 
additional approval  is given in the form  of an addition to the original EC 
type-examination certificate. 

7.  Each  notified  body  shaU  communicate  to  the  other  notified  bodies  the 
relevant  information  concerning  the  EC  type-examination  certificates  and 
additions issued and withdrawn. 

8.  The other notified  bodies  may request  copies of the EC type-examination 
certificates  and/or their  additions.  The Annexes  to the certificate  shall be 
kept at the disposal of the other notified bodies. 

28 

The  manufacturer  or  his  authorized  representative  shall  keep  with  the 
technical  documentation  copies  of  EC  type-examination  certificates  and 
their additions for a period ending at least 10 years after the last product has 
been manufactured. 

91/263/EEC 

Where  neither  the  manufacturer  nor  his  authorized  representative  is 
established  within  the  Community,  the  obligation  to  keep  the  technical 
documentation available shah be the responsibihty of the person who places 
the product on the Community market 

29 

ANNEX II 

91/263/EEC 

CONFORMITY TO TYPE 

93/68/EEC 
Article 11 (10) 

Conformity to type is that part of the procedure whereby the manufacturer or 
his authorized representative established within the Community ensures and 
declares  that  the  products  concerned  are  in  conformity  with  the  type  as 
described 
the 
requirements of the Directive that applies to them. The manufacturer or his 
authorized representative establishedwithin the Community shall affix  the 
markings provided  for  in  Article  12 (I)  to  each  product  and  draw  up a 
written declaration of conformity to type. 

in  the  EC  type-examination  certificate  and  satisfy 

The  manufacturer  shaU  take  aU  measures  necessary  to  ensure  that  the 
manufacturing  process  assures  compliance  of  the  manufactured  products 
with the type as described in the EC type-examination certificate  and with 
the requirements of the Directive that apply to them. 

The manufacturer  or his authorized representative  shaU keep a copy of the 
declaration of conformity for a period ending at least  10 years after  the last 
product has been manufactured. 

Where  neither  the  manufacturer  nor  his  authorized  representative  is 
established within the Community, the obligation to keep the declaration of 
conforming  to type avaUable shall be the responsibihty  of the person who 
places the product on the Community market 

A notified body chosen by the manufacturer  shaU carry out  or have carried 
out, product checks at random intervals. An adequate  sample of the  final 
products, which may be taken on site by the notified  body or on its behalf, 
shaU be examined and  appropriate tests shaU be carried  out  to check the 
conformity  of products with the relevant requirements of the Directive. In 
those cases where one or more of the products checked do not conform, the 
notified body shah take appropriate measures. 

30 

ANNEX III 

91/263/EEC 

PRODUCTION QUALITY ASSURANCE 

93/68/EEC 
Article 11 (10) 

1.  Production  quahty  assurance  is  the  procedure  whereby  the  manufacturer 
who  satisfies  the  obhgations  of  point  2  ensures  and  declares  that  the 
products concerned are in conformity with the type as described in the EC 
type-examination certificate  and  satisfy  the  requirements  of  the  Directive 
that  apply  to  them.  The  manufacturer  or  his  authorized  representative 
established within the Commumty shaU affix  the markings provided for in 
Article  12  (1)  to  each  product  and  draw  up  a  written  declaration  of 
conformity to type. 

2.  The manufacturer  shaU operate an approved quahty system for production, 
final product  inspection  and  testing  as  specified  in  point  3  and  shall  be 
subject to monitoring as specified in point 4. 

3.  Quahty system 

3.L  The manufacturer  shaU lodge an apphcation  for  assessment  of his quality 
system with a notified body of his choice, for the products concerned. 

The apphcation shaU include: 

- 

- 

- 

aU relevant information for the product category envisaged, 

the documentation concerning the quahty system, 

if applicable, the techmcal documentation  of the  approved  type and a 
copy of the EC type-examination certificate. 

3.2.  The quahty system shaU ensure comphance of the products with the type as 
described in the EC type-examination certificate  and with the requirements 
of the Directive that apply to them. 

AU the element, requirements and provisions adopted by the  manufacturer 
shah  be  documented  in  a  systematic  and  orderly  manner  in  the  form  of 
written  policies,  procedures  and 
instructions.  The  quality  system 
documentation  must  permit  a  consistent  interpretation  of  the  quahty 
programmes, plan, manuals and records. 

It shah contain in particular an adequate description of: 

- 

the quahty objectives  and  the  organizational  structure,  responsibilities 
and powers of the management with regard to product quahty, 

the  manufacturing,  quahty  control  and  quality  assurance  techniques, 
processes and systematic actions that wiU be used, 

31 

- 

- 

- 

the examinations and tests wUl be carried out before,  during and  after 
manufacture, and the frequency with which they wiU be carried out, 

91/263/EEC 

the quahty records, such as inspection reports and test data, calibration 
data, qualification reports of the personnel concerned, etc., 

the means to monitor the achievement  of the required  product  quahty 
and the effective operation of the quahty system. 

3.3.  The notified  body shaU assess the quahty  system to determine whether  it 
satisfies  the  requirements  referred  to  in  point  3.2.  It  shaU  presume 
conformity  with  these  requirements  in  respect  of  quahty  systems  that 
implement the relevant harmonized standard/*) 

The  auditing  team  shah  have  at  least  one  member  with  experience  of 
evaluation in the product technology concerned. The evaluation procedure 
shaU include an inspection visit to the manufacturer's premises. 

The decision shaU be notified  to the manufacturer.  The notification  shaU 
contain  the  conclusions  of  the  examination  and  the  reasoned  assessment 
decision. 

3.4.  The manufacturer shaU undertake to fulfil  the obhgations arising out of the 
quahty system as approved and to uphold it so that it remains adequate and 
efficient 

The manufacturer  or his  authorized representative shaU keep  the  notified 
body  that  has  approved  the  quahty  system  informed  of  any  intended 
updating of the quality system. 

The  notified  body  shall  evaluate  the  modifications  proposed  and  decide 
whether  the  amended  quahty  system  wiU  stiU  satisfy  the  requirements 
referred to in point 3.2. or whether a re-assessment is required. 

It shaU notify its decision to the manufacturer. The notification shaU contain 
the conclusions of the examination and the reasoned assessment decision. 

4. 

Surveillance under the responsibility of the notified body 

4.1.  The  purpose  of  surveiUance  is  to  make  sure  that  the  manufacturer  duly 

fulfils the obhgations arising out of the approved quahty system. 

0) 

This harmonized standards  shall  be EN  ISO  9002, supplemented, if necessary, to take  into account the specific  nature of the procedure  for 
which it is implemented. 

32 

4.2.  The  manufacturer  shall  allow  the  notified  body  access  for  inspection 
purpose to the locations of manufacture, inspection and testing, and storage 
and shall provide it with all necessary information, in particular: 

91/263/EEC 

- 

- 

the quahty system documentation, 

the quahty records, such as inspection reports and test data, calibration 
data, qualification reports of the personnel concerned, etc. 

4.3.  The notified body shaU carry out audits at reasonable intervals to make sure 
that  the manufacturer  maintains  and  applies  the  quahty  system  and shaU 
provide an audit report to the manufacturer. 

4.4.  AdditionaUy,  the  notified  body  may  pay  unexpected  visits  to  the 
manufacturer. During such visits the notified body may carry out, or cause to 
be carried out, tests to verify that the quahty system is functioning correctly, 
if necessary. The notified  body shaU provide the manufacturer  with a visit 
report and, if a test has taken place, with a report 

5.  The manufacturer  shaU, for a period ending at least  10 years after  the last 
product  has  been  manufactured,  keep  at  the  disposal  of  the  national 
authorities: 

- 

- 

- 

the documentation referred to in the second indent of point 3.1., 

the updating referred to in the second paragraph of point 3.4., 

the decisions and reports from the notified body which are referred to in 
the final paragraph of points 3.4., 4.3. and 4.4.. 

6.  Each notified body refened to in Article 11 (1) shah make available to the 
other  notified  bodies  refened  to  in  that  Article  the  relevant  information 
concerning the quality system approvals issued and withdrawn. 

33 

ANNEX IV 

91/263/EEC 

FULL QUALITY ASSURANCE 

FuU  quahty  assurance  is  the  procedure  whereby  the  manufacturer  who 
satisfies  the obligations of point 2  ensures  and  declares  that  the products 
concerned satisfy  the requirements of the Directive that apply to them. The 
manufacturer  or  his  authorized  representative  shaU  affix  the  markings 
provided  for  in  Article  12  (I)  to  each  product  and  draw  up  a  written 
declaration of conformity. 

93/68/EEC 
Article 11 (11) 

2. 

The  manufacturer  shaU  operate  an  approved  quahty  system  for  design, 
manufacture and final product inspection and testing as specified  in point 3 
and shaU be subject to surveillance as specified in point 4. 

3.  Quahty system 

3.1.  The manufacturer  shaU lodge an apphcation  for  assessment  of his quahty 

system with a notified body. 

The apphcation shaU include: 

-  aU relevant information for the products envisaged, 
- 

the quality system's documentation. 

3.2.  The  quahty  system  shah  ensure  comphance  of  the  products  with  the 

requirements of the Directive that apply to them, 

AU the elements, requirements and provisions adopted by the  manufacturer 
shaU be  documented  in  a  systematic  and  orderly  manner  in  the  form  of 
written  policies,  procedures  and 
instructions.  This  quahty  system 
documentation shaU ensure a common understanding of the quality policies 
and procedures such as a quahty programmes, plans, manuals and records. 

It shah contain in particular an adequate description of: 

- 

- 

the quahty  objectives  and  the organizational  structure,  responsibilities 
and  powers  of  the  management  with  regard  to  design  and  product 
quality, 

the  technical  specifications,  including  the  harmonized  standards  and 
technical regulations as weU as relevant test  specifications  that will be 
apphed and, where the standards refened to in Article 7(1) will not be 
applied  in  full,  the  means  wiU  be  used  to  ensure  that  the  essential 
requirements of the Directive that apply to the products will be met, 

34 

the  design  control  and  design  verification  techniques,  processes  and 
systematic  actions  that  wiU  be  used  when  designing  the  products 
pertaining to the product category covered, 

91/263/EEC 

- 

- 

- 

- 

- 

the  corresponding  manufacturing,  quahty  control  and  quality  assurance 
techniques, processes and systematic actions that wUl be used, 

the  examinations  and  tests  wiU be  carried  out  before,  during  and  after 
manufacture,  and the  frequency  with which they wiU be  carried  out;  as 
weU  as  the  results  of  the  tests  carried  out  before  manufacture  where 
appropriate, 

the means by which it is ensured that the test and examination  facilities 
respect  the  appropriate  requirements  for  the  performance  of  the 
necessary test, 

the quahty  records,  such as inspection  reports  and  test  data,  calibration 
data, qualification  reports of the personnel concerned, etc., 

the  means  to  monitor  the  achievement  of  the  required  design  and 
product quahty and the effective  operation of the quahty system. 

3.3. 

The  notified  body  shaU  asses  the  quahty  system  to  determine  whether  it 
satisfies  the  requirements  refened 
to  in  point  3.2.  It  shall  presume 
comphance  with  these  requirements  in  respect  of  quahty  systems  that 
implement the relevant harmonized standard. W 

The  notified  body  shaU  assess  in  particular  whether  the  quahty  control 
system  ensures  conformity  of  the  products  with  the  requirements  of  the 
Directive  in  the  tight  of the  relevant  documentation  supphed  in  respect  of 
points  3.1. and  3.2.  including,  where  relevant,  test  results  supphed  by  the 
manufacturer. 

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

The  decision  shaU  be  notified  to  the  manufacturer.  The  notification  shaU 
contain  the  conclusions  of  the  examination  and  the  reasoned  assessment 
decision. 

(1)  This-harmonized standard shall be EN ISO 9001, supplemented, if necessary, to take into account the specific nature of the products for which 

it is implemented. 

35 

3.4.  The manufacturer  shaU undertake to fulfil  the obligations arising out of the 
quahty system as approved and to uphold it so that it remains adequate and 
efficient 

91/263/EEC 

The manufacturer  or his  authorized  representative  shall  keep  the  notified 
body  that  has  approved  the  quality  system  informed  of  any  intended 
updating of the quality system. 

The  notified  body  shah  evaluate  the  modifications  proposed  and  decide 
whether  the  amended  quahty  system  wiU  still  satisfy  the  requirements 
refened to in point 3.2. or whether a re-assessment is required. 

It shaU notify its decision to the manufacturer. The notification shah contain 
the conclusions of the examination and the reasoned assessment decision. 

4.  EC surveiUance under the responsibility of the notified body 

4.1.  The purpose  of  surveillance  is  to  make  sure  that  the  manufacturer  duly 

fulfils the obhgations arising out of the approved quahty system. 

4.2.  The  manufacturer  shaU  aUow  the  notified  body  access  for  inspection 
purposes to the locations of design, manufacture, inspection and testing, and 
storage and shah provide it with aU necessary information, in particular 

- 

- 

- 

the quahty system documentation, 

the quahty records as foreseen by the design part of the quahty system, 
such as results of analyses, calculations, tests, etc. 

the quahty records as foreseen by the manufacturing  part of the quality 
system,  such  as  inspection  reports  and  test  data,  calibration  data, 
qualification reports of the personnel concerned, etc. 

4.3.  The notified body shaU carry out audits at reasonable intervals to make sure 
that the manufacturer  maintains  and  apphes  the  quality  system  and  shall 
provide an audit report to the manufacturer. 

36 

4.4. 

AdditionaUy,  the  notified  body  may  pay  unexpected  visits  to  the 
manufacturer.  At the time of such  visits, the notified  body may carry out 
tests or have them carried out in order to check the proper functioning of the 
quahty  system where  necessary; it  shaU provide  the  manufacturer  with a 
visit report and, if a test has been carried out, with a test report. 

91/263/EEC 

5. 

The manufacturer  shall, for a period ending at least  10 years after  the last 
product  has  been  manufactured,  keep  at  the  disposal  of  the  national 
authorities: 

- 

- 

- 

the documentation referred to in the second indent of point 3.1., 

the updating referred to in the second paragraph of point 3.4., 

the decisions and reports from the notified body which are refened to in 
the final paragraph of points 3.4., 4.3. and 4.4.. 

6. 

Each notified body referred to in Article 11 (1) shaU make avaUable to the 
other  notified  bodies  referred  to  in  that  Article  the  relevant  information 
concerning quahty system approvals including references  to the produces) 
concerned, issued and withdrawn. 

37 

'ANNEX V 

91/263/EEC 

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER 
STATES WHEN DESIGNATING NOTIFIED BODIES IN ACCORDANCE 
WITH ARTICLE  11(1) 

1.  The notified body, its director and the staff responsible for carrying out the 
tasks  for  which  the  notified  body  has  been  designated  shaU  not  be  a 
designer,  manufacturer,  supplier  or  instaUer  of  terminal  equipment,  or  a 
network operator or a service provider, nor the authorized representative of 
any of such parties. They shah not become directly involved in the design, 
construction,  marketing  or  maintenance  of  terminal  equipment,  nor 
represent the parties engaged in these activities. This does not preclude the 
possibility of exchanges of technical information  between the  manufacturer 
and the notified body. 

2.  The  notified  body  and  its  staff  must  carry  out  the  tasks  for  which  the 
notified  body has been designated  with the highest degree of  professional 
integrity and technical competence and must be free  from aU pressures and 
inducements, particularly financial, which might influence  their judgement 
or the results of any inspection, especiaUy from persons or groups of persons 
with an interest in such results. 

3.  The notified body must have at its disposal the necessary staff and facilities 
to  enable  it  to  perform  properly  the  administrative  and  technical  work 
associated with the tasks for which it has been designated. 

4.  The staff responsible for inspections must have: 

sound techmcal and professional training, 

- 

- 

satisfactory  knowledge  of the requirements  of the  tests  or  inspections 
that are carried out and adequate experience of such tests or inspections, 

the ability to draw up the certificates,  records  and reports required to 
authenticate the performance of the inspections. 

5.  The impartiahty of inspection staff must be guaranteed. Their remuneration 
must not depend on the number of tests or inspections carried out nor on the 
results of such inspections. 

38 

6.  The notified  body  must  take  out  liabihty  insurance  unless  its  liability  is 
assumed by the State in accordance with national law, or the Member State 
itself is directly responsible. 

91/263/EEC 

7.  The staff of the notified  body is bound to observe professional  secrecy with 
regard to ah information gained in carrying out its tasks (except vis-à-vis the 
competent admimstrative authorities of the State in which its activities are 
carried  out) under  this  Directive  or  any provision  of  national  law  giving 
effect thereto. 

39 

ANNEX VI 

93/68/EEC 
Article 11 (12) 

MARKING FOR THE TERMINAL EQUIPMENT REFERRED TO IN 
ARTICLE 12 (1) 

The  CE  conformity  marking  shaU  consist  of  the  mitials  CE'  taking  the 
foUowing form, foUowed by the additional information referred to in Article 
12(1); 

C\:.  initials 

Identification  number  of  ihc 
notified  bodv 

Symbol  «if suitability  for 
connection  to  the  public 
telecommunications  network 

(See Official Journal of the European Communities for character font) 

If the CE marking is reduced or enlarged the proportions given in the above 
graduated drawing must be respected. 

The  various  components  of  the  CE  marking  must  have  substantially  the 
same vertical dimension, which may not be less than 5 mm. 

40 

ANNEX VII 

93/68/EEC 
Article 11  (13) 

MARKING FOR THE EQUIPMENT REFERRED TO IN 
ARTICLE 12 (4) 

If the CE marking is reduced or enlarged the proportions given in the above 
graduated drawing must be respected. 

The  various  components  of  the  CE marking  must  have  substantiaUy  the 
same vertical dimension, which may not be less than 5 mm. 

41 

ANNEX VIII 

91/263/EEC 

MODEL OF A DECLARATION REFERRED TO IN ARTICLE 3 (1) OF 
DEFECTIVE .../.../EC RELATING TO TELECOMMUNICATIONS 
TERMINAL EQUIPMENT AND SATELLITE EARTH STATION 
EQUIPMENT, INCLUDING THE MUTUAL RECOGNITION OF THEIR 
CONFORMITY 

The manufacturer/suppher^1). 

Declares that{2). 

is not intended to be connected to a pubhc telecommunications network. 

The connection of such equipment to a pubhc telecommumcations network in the 
Commumty Member State wiU be in violation of the national law implementing 
this Directive on the approximation of the laws of the Member States concerning 
telecommunication  terminal equipment, including the mutual recognition of their 
conformity. 

DATE, PLACE AND SIGNATURE 

'  ' 
"' 

Name and address. 
Equipment  identification. 

42 

ANNEXIX 

COMMUNITY INTERNAL PRODUCTION 
CONTROL PROCEDURE 

93/97/EEC 
Annex 

1.  This  Annex  describes  the  procedure  whereby  the  manufacturer  or  his 
authorized  representative  established  within  the  Commumty,  who  carries 
out the obhgations laid down in 2, ensures and declares that the products 
concerned satisfy the requirements of this Directive that apply to them. 

The manufacturer must affix the CE marking to each product and draw up a 
written declaration of conformity. 

2.  The manufacturer must establish the technical documentation described in 3 
and he or his authorized  representative established within the Community 
must keep it, for a period ending at least 10 years after the last product has 
been manufactured,  at the disposal of the relevant national  authorities  for 
inspection purposes. 

Where  neither  the  manufacturer  nor  his  authorized  representative  is 
established  within  the_ Community,  the  obligation  to  keep  the-technical 
documentation available is the responsibility of the person who places the 
product on the Commumty market 

3.  Technical documentation must enable the conformity  of the products to be 
assessed  against  the requirements  of this Directive that  apply  to  them. It 
must contain, so far as relevant for assessment 

a general description of the product, 

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

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

a list of the standards mentioned in Article 18 of this Directive applied 
in Ml or as far as is relevant or, in the absence of such standards, the 
techmcal construction file, and descriptions of the solutions adopted to 
meet those requirements of this Directive that apply to the products, 

results of design calculations made, examinations carried out, etc., 

test reports. 

4.  The manufacturer  or his authorized representative must keep a copy of the 

declaration of conformity with the techmcal documentation. 

5.  The  manufacturer  must  take  aU  measures  necessary  to  ensure  that  the 
manufacturing  process  ensures  comphance  by the  manufactured  products 
with  the  technical  documentation  refened  to  in  2  and  with  those 
requirements of this Directive that apply to them. 

43 

ANNEX X 

PART A 

Repealed Directives 
(referred to in Article 34) 

Directive 91/263/EEC 

Directive 93/68/EEC 

Directive 93/97/EEC 

Only Article 11 

44 

PARTB 

Deadlines for transposition  into national law 
(referred  to in Article 34) 

Directive 

Deadline for transposition 

Directive 91/263/EEC 

Directive 93/68/EEC 

Directive 93/97/EEC 

6 November 1992 

1 July 1994 <*) 

1 May 1995 

(*)  Until  1 January  1997,  Member States shall  allow the placing on the market and the bringing  into service  of telecommunications terminal 

equipment which comply with the marking arrangements in force before  1  January 1995. 

45 

ANNEX XI 

CORRELATION TABLE 

I This Directive 
Article 1 (1) 
Article 1 (2) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9) 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14 
Article 15 
Article 16 
Article 17 
Article 18 
Article 19 
Article 20 
Article 21 
Article 22 
Article 23 
Article 24 
Article 25 
Article 26 
Article 27 
Article 28 
Article 29 
Article 30(1) 
Article 30 (2) 
Article 31 
Article 32 (1) 
Article 32 (2) 
Article 33 
Article 34 
Article 35 
Article 36 
Annex I 
Annex U 
Annex HI 
Annex IV 
Annex V 
Annex VI 
Annex VU 
Annex VUI 
Annex DC 
Annex X 
Annex XI 

1  Directive 91/263/EEC 
I Article 1 (1) 
Article 1 (2) 
Article 1 (3) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 

t 

Article 13 
Article 14 
Article 15 

Article 16 (3) 
Article 16 (4) 
Article 17(2) 

. 

Annex I 
Annex E 
Annex UI 
Annex IV 
Annex V 
Annex VI 
Annex VU 
Annex VUI 

1 

|  Directive 93/97/EEC 
I Article 1 (1) 
Article 1 (2) 

I 

; 

Article 1 (3) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14 

Article 17(1) 
Article 17 (2) 
Article 8 (3) 

Article 18 (2) 

Annex 

j 

j 

46 

ISSN 0254-1475 

COM(95) 612  final 

DOCUMENTS 

EN 

15 

Catalogue number  : CB-CO-95-648-EN-C 

ISBN 92-77-97050-2 

Office for Official Publications of the European Communities 

L-2985 Luxembourg