Proposal for a European Parliament and Council Directive on connected telecommunications equipment and the mutual recognition of the conformity of equipment
Date: 1997-06-04
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, harmonisation of standards, quality label, telecommunications equipment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  04.06.1997 
COM(97)  257  final 

97/0149  (COD) 

Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL  DIRECTIVE 
on connected telecommunications equipment and the mutual recognition of 
the conformity  of equipment 

(presented by the Commission) 

SUMMARY 

This proposal for a European Parliament and Council Directive on the approximation of the laws 
of the Member States concerning connected telecommunications  equipment,  the CTE Directive, 
represents a significant  step forward in the legislative framework  necessary to support a genuinely 
competitive  multi-vendor  community  market  for  connected  telecommunications  equipment  in a 
environment where there is competitive provision of network services. 

The Directive will replace two  Council Directives (91/263/EEC1  - telecommunications  terminal 
equipment  and 93/97/EEC2 -  satellite earth  station  equipment)  and  simplifies  the  application  of 
two  other  Council  Directives  (93/68/EEC3  -  conformity  marking  and  89/336/EEC4  -
electromagnetic compatibility). 

It  will  enable  innovative  technologies  to  rapidly  penetrate  the  market  and  it  will  encourage 
competitive industries and manufacturers  to take advantage of large-scale production  due to the 
size of the  internal  market  supplemented, with the  access  to  markets where  mutual  recognition 
agreements have been obtained. 

It  supplements  existing  horizontal  community  legislation  and  is  fully  aligned  with  the  Global 
Approach to testing and certification.  As regards manufacturers  liability, provisions equivalent to 
those  contained  in  Council  Directive  85/374/EEC5  (liability  for  defective  products)  are 
incorporated in the CTE Directive in order to cover telecommunications requirements so that the 
regulatory regime can be complemented by a balanced harmonised surveillance regime. 

The major elements of the new Directive are: 

-  Enlargement of the scope of equipment covered by the inclusion of radio equipment; 

-  A  set  of  new  definitions  making  the  Directive  future-proof  by  taking  into  account  the 

liberalisation of infrastructures  and competition between operators; 

-  A development  of the concept  of telecommunications  specific  essential  requirements to  take 

into account technological trends; 

-  A flexible  decision-making  process  whereby future  network  infrastructures  and  systems  can 

readily be covered; 

-  A light conformity assessment regime based upon the principle of manufacturer's declarations. 

The  Directive  complements  other  legislative  developments  in  telecommunications  and  is  a 
response to the inevitable changes to the connected telecommunications equipment market caused 
by the liberalisation of the telecommunications infrastructures  and services. 

1 
2 
3 
4 
5 

OJ No L  128, 23.5.1991, p. 1. 
OJNoL290,  24.11.1993, p. 1. 
OJNoL220,  30.8.1993, p. 1. 
OJ No L.  139, 23.5.1989, p. 19. 
OJNoL210,  7.8.1985,  p. 29. 

EXPLANATORY  MEMORANDUM 

1. 

BACKGROUND 

The first step towards a harmonization  of the European telecommunications terminal market  took 
place back in  1983>. At that time,  a cooperation  agreement  was  signed  between  the  Commission 
and  the  Conférence  Européen  des  Administrations  des  Postes  &  Télécommunications  (CEPT) 
with  the  purpose  of  setting  priorities  for  the  development  of  single  European  technical 
to 
specifications 
the 
led 
the  mutual  recognition  of  test 
Commission  proposal  for  a  Directive  covering 
results 
produced  by  the  accredited  national 
laboratories.  This  proposal  was  adopted  as 
Council Directive  86/361 /EEC6.  It was however  already clear at that time that  the  harmonization 
of national regulations was necessary for the implementation of a single internal market 

terminals.  The  progress  made 

this  cooperation 

through 

test 

for 

Subsequent  changes  in  the  European  telecommunications  sector  made  it  possible  for  the 
Commission to propose a further  step forward,  i.e. to propose a regime for the mutual  recognition 
of  the  total  type  approval  process  including  placing  on  the  market  and  putting  into  service  of 
telecommunications  terminal  equipment.  This  "one-stop-shopping"  regime  was  introduced  with 
the  adoption  of Directive  91/263/EEC  which  replaced  the  previous  86/361/EEC  Directive.  The 
application  of  Directive  91/263/EEC  was  extended  to  cover  all  satellite  earth  stations  with  the 
adoption of Directive 93/97/EEC. 

With the acceleration  of the pace  of technology,  the dramatic  shortening of development  time  for 
terminal  equipment,  the mass market  opportunities,  etc.  it  soon became  clear that  the  time  taken 
to  develop  the  legal  measures  called  for  in  Directives  91/263/EEC  and  93/97/EEC  was  a 
significant  impediment  to  the  speedy  development  of  the  single  market  for  telecommunications 
terminal  equipment. 

The following trends were observed: 

telecommunications  terminal  and  radio  equipment  product  lifetimes  were  shrinking  to  as 
little as three years; 

the  production  of  harmonized  standards  had  reached  the  stage  where  final  voting  and 
approval procedures even in straightforward  cases took  1 Vi years; 

new  telecommunications  network  types  were  emerging  and  being  deployed  more  quickly 
than formal terminal specifications  could be elaborated; 

Liberalization  of  the  infrastructures  was  encouraging  the  entry  of  new  operators  and  a 
consequent  proliferation  of networks. 

OJNoL217,  5.8.1986,  p. 21. 

The  conclusion  was  that  in  the  light  of  these  trends,  legislation  covering  terminal  and  radio 
equipment  would  need  to  be fundamentally  revised  in order to  support  this very  competitive  and 
dynamic environment. 

2.  AIMS AND OBJECTIVES OF THE PROPOSED  DIRECTIVE 

The aims and objectives of the Directive are two-fold: 

2.1  Extended  scope 

service  of  Connected  Telecommunications  Equipment,  as  embodied 

The  current  regulatory  framework,  for  the  placing  on  the  market,  the  free  circulation  and 
in 
putting  into 
Directive 91/263/EEC,  effectively  only applies to  terminal  equipment,  where  Common  Technical 
regulations or harmonized standards exist. The scope of this Directive has been extended to  cover 
radio  equipment  and  include  new  innovative  equipment  types  and  future  products.  This  single 
European  regulatory  framework  shall be flexible enough  to  accommodate  the  services offered  by 
new  network  operators  and  the  new  termination  points  that  they  will  make  available  to  their 
subscribers  in  addition  to  today's  traditional  network  termination  points.  This  flexibility  is 
achieved  by proposing  a means whereby  new network  termination  types  can  be  identified  before 
they  are  deployed  and  the  essential  requirements  applicable  to  the  new  network  type  can  be 
determined in a timely manner. 

2.2  Light conformity  assessment  regime 

As regards conformity  assessment,  this Directive establishes a new set  of procedures  superseding 
the  current  type  approval  system.  The  proposed  set  of procedures  casts a  proportionate  balance 
between  a priori  measures  and  a posteriori  surveillance.  The  new  element  in  establishing  this 
balance is the  application  of a liability  regime similar to  that  in Directive  85/374/EEC  on  liability 
for  defective  products.  Telecommunications  products  which  do  not  conform  to  the  applicable 
essential  requirements  are considered  to be defective  with  the  consequence  that  the  penalties  for 
non-conformance  are increased  so that manufacturers  declarations can be relied upon. 
Reliance  on  manufacturers  declarations  permits  the  introduction  of  a  very  simple  set  of  rules,  -
rules  which  are  conformant  to  the  simplest  procedures  called  for  in  the  Global  Approach  to 
Testing  and  Certification.  The  proposed  legislation  accommodates  future  market  developments 
where Connected  Telecommunications Equipment will become true consumer products. 

The  proposed  Directive  takes  into  account  the plans  for  complementary  network  legislation  and 
anticipates  developments  in  the  availability  of  telecommunications  networks  and  infrastructures 
throughout  the  Community.  The  traditional  definition  of  public  telecommunications  from  the 
monopoly  telecommunications  service  provider  era  must  be  modified  to  take  into  account 
competition,  ONP,  independence  of  ownership,  deregulation,  etc.  This  proposed  Directive 
consequently  introduces  two  new  definitions,  one  relating  to  networks,  the  other  to  equipment. 
These  new  definitions  make the  scope  of  the  Directive  flexible  enough  to  accommodate  present 
and future  categories of termination points, each of them giving access to a specific  identified  type 
of  present  and  future  networks,  termed  Open  Network  Termination  Points  (ONTP).  Equipment 

connected  to  such  ONTPs  is  called  Connected  Telecommunications  Equipment  (CTE).  Special 
attention  is being  given to  equipment  capable  of  communicating  by  means  of  radio  transmission 
utilizing allocated radio  spectrum. 

3. 

ESSENTIAL  REQUIREMENTS 

Experience  of  the  present  legislation  and  technological  development  have  demonstrated  that  a 
lighter  interpretation  of  the  concept  of telecommunications  essential  requirements  is  appropriate 
and that more flexibility  is needed in defining which essential requirements should apply to classes 
of  equipment.  This  flexibility  is  necessary  in  order  to  respond  to  the  specific  needs  of  new 
network  types,  accommodate  industry  reaction  to  the  current  regime,  be  consistent  with 
international  trends  and  react  to  changing  policy,  market  pressures  and  the  increasing 
globalization  of  telecommunications.  The  overall  trend 
in 
telecommunications  specific  essential  requirements  but  for  some  network  types  new  essential 
requirements may be necessary. 
All CTE  equipment  should  comply with the essential  requirements  contained  in the Low  Voltage 
Directive7 and Electro Magnetic  Compatibility horizontal Directives. It is proposed  that there  are 
no telecommunications  specific  safety  and EMC essential requirements. 

is  likely  to  be  a  reduction 

requirements 

to  be  applied 

This  draft  Directive  introduces  the  concept  of  ONTP-types.  It  will  be  necessary  to  identify  the 
essential 
specific 
telecommunications  essential  requirements will be  selected from the  essential  requirements  listed 
below  by  the  Commission,  advised  by  the  Telecommunications  Conformity  Assessment  and 
Market  surveillance  committee  (TCAM).  Any  number  from  zero  to  the  full  number  may  be 
selected.  In all cases, including the case of zero requirements,  no additional National  Regulations 
may be applied. 

for  each  ONTP-type.  The 

relevant 

(a)  Prevention  of  misuse  of  public  network  resources  causing  a  degradation  of  service  to 

third  parties 

Examples  would  include  cross-talk  between  analogue  terminals  and  radio  interference.  The 
requirement  is particularly aimed  at  protecting  parties other than the end user  of the terminal  and 
the  provider  of  the  network  service  to  which  the  CTE  is  connected.  It  can  be  very  difficult  to 
identify  the  offending  equipment  in  such  cases  of  problems  effecting  third  parties,  therefore  a 
regime  where  equipment  must  be  designed  to  avoid  such  problems  before  being  placed  on  the 
market is required. 

(b) 

Interworking via the public networks^s) and Community-wide portability between ONTPs 

The intention  of this requirement  is to  ensure that there is a single market  for terminal  equipment 
which  can  be  connected  to  ONTPs  by  avoiding  excessive  fragmentation  of  the  market  and 
bundling of CTE with network  services. Typically this would specify  a basic level of interworking, 
e.g.  simple voice telephony but would exclude supplementary services. 

O J N o L 7 7,  26.3.1973, p. 29. 

(c)  Effective  use of spectrum  allocated  to terrestrial/space radio  communication  and  used  for 

radio services 

The purpose of this requirement is to permit maximum use of the finite radio spectrum.  In many 
cases, trades-offwill  be necessary between quality, capacity and availability. 

4. 

IDENTIFICATION OF RELEVANT REQUIREMENTS 

In selecting the applicable essential requirements, the Commission shall give, where justified,  due 
consideration to the following  possible requirements based on the common interest, the needs of 
the developing European markets and international trends: 

(a)  Protection of health 

The protection of health may place requirements on CTE. An example might be a requirement to 
minimize the health hazards of radio frequency radiation. 

(b)  Features for users with disabilities 

There is  an international  trend  to  extend  requirements  in this  area.  In  Europe  there  are  about 
100 million  elderly  people  and  50  million  who  have  disabilities,  both  of  which  groups  could 
benefit from specific terminal facilities8. Examples of such requirements might include hearing-aid 
compatibility of telephones and the support of visually handicapped  operator consoles on private 
telephone exchanges. It would be expected  that  the requirement  would  call for  a proportionate 
range of features according to the type of equipment and the needs of different  disability groups. 

(c)  Features for emergency and security services 

Examples  of  this  requirement  could  include  the  ability  to  trace  emergency  calls  to  individual 
telephone instruments in private networks in order to  assist  emergency  services or the ability to 
enable call surveillance when sanctioned by a National Security Service. 

(d)  Protection of individual privacy 

The protection  of the content  of telecommunications  calls or messages and  the identification  of 
individuals making these calls may place requirements on CTE connected to certain ONTP types. 

5.  CONFORMITY ASSESSMENT 

The application  of the present  Conformity  Assessment  procedures  has proved  cumbersome and 
expensive  for  the  manufacturers  of  terminal  equipment.  Furthermore,  manufacturers  are 
concerned  that  the  differences  in  the  surveillance  regimes  and  infringement  penalties  between 
Member States cause market  fragmentation. 

This  proposal  takes  on  board  these  issues  by  a  substantial  simplification  of  the  conformity 
assessment  procedures.  Responsibility  for  conformity  assessment  is  firmly  placed  on  the 

"The  forgotten  Millions:  Access  to  telecommunications  for  people  with  disabilities"  (1994,  Office  for 
Official  Publications of the European Communities, Luxembourg) 

manufacturer  of the equipment by reliance on manufacturers' declaration and the extension of the 
application  of  the  manufacturers  liability  Directive  to  cover  the  telecommunications  aspects 
of CTE. 

The principle applied  is to  take  the  lightest-weight  conformity  assessment  procedures  available 
under  the  Global  Approach  to  Testing  and  Certification.  In  the  case  of  non-radio  equipment, 
conformity  assessment  is based upon the principles of internal production  control (Module A of 
the Global Approach to Testing and Certification9). 

Given the risks of interference  to  other  users  as soon  as radio  equipment  is  switched  on,  it is 
proposed  that  a  more  demanding  conformity  assessment  procedure  is  to  be  applied  to  radio 
equipment. The draft Directive requires that for each product type all essential radio tests must be 
carried out by the manufacturer.  Furthermore, the technical documentation must include the full 
test reports of all essential radio tests. Notified  bodies will have the responsibility for  identifying 
the tests which are essential to demonstrate conformity to the essential requirements. 

Both the radio and non-radio regimes described above give the option to manufacturers to choose 
to  carry out  conformity  assessment tests themselves or to  use third  party test  laboratories. The 
market-place  and the  capabilities  of individual  manufacturers,  be they multi-nationals  or SMEs, 
will determine which route will be employed. A thorough and comprehensive test program for all 
products is expected given the clear liability of the manufacturer in the event of non-conformity. 

In certain cases the conformity  assessment procedures required by horizontal  legislation  such as 
the EMC and Low  Voltage Directives  are not the  same as those  identified  above.  In  any such 
case, at the choice of the manufacturer, the above procedures may be applied to assess conformity 
to  the  essential  requirements  specified  in  these  other  Directives.  This  enables  "one-stop" 
conformity assessment for telecommunications products. 

6.  MARKING 

It  is proposed that  marking is simplified.  Conformant  CTE will be marked  with the "CE" mark 
only in the case of non-radio  CTE and with the "CE" mark with a notified  body number in the 
case  of  radio  CTE.  The  "crossed  hockey  sticks"  of  the  current  telecommunications  terminal 
Directive will no longer be applicable. 

7.  RECIPROCITY WITH THIRD COUNTRIES 

The introduction  of manufactures  declaration in place of third-party testing  creates a very open 
regulatory framework which  considerably  reduces  barriers  to  market  entry.  Unless  an  equally 
open  system  is  made  available  by  our  main  trading  partners,  European  manufacturers  will be 
disadvantaged  relative  to  manufacturers  in those  countries.  Given this,  the  Commission  should 
assess the extent of the maturity of MRA negotiations or equivalent deregulation implemented by 
our main trading partners when the Directive is due for adoption. A type approval system should 

9  OJ No L 220, 30.8.1993, p. 23. 

be  maintained  if  the  Commission  considers  that  the  extent  of  these  reciprocal  arrangements  is 
insufficient.  Due  account  should  be  taken  of  the  views  of  European  manufacturers,  service 
providers and users when assessing the adequacy of the reciprocal arrangements. 

8. 

SUMMARY  OF THE CONTENTS OF THE PROPOSED  DIRECTIVE 

Chapter I: 

contains eight Articles stating the principal provisions. 

Article  1 
Article 2 

Articles 3/4 

-  describes the basic scope and aim of the Directive. 

contains  definitions  of  the  main  terms  used  in  the  Directive.  The  new  term 
Connected  Telecommunications Equipment (CTE) includes all radio equipment. 
lay down the master list of possible essential  requirements.  For  each type  of CTE 
the essential requirements applicable shall be selected from this master list; and 
provide  for  the  identification  of  network  termination  types  and  of  the  essential 
requirements  applicable  to  CTE  for  connection  to  each  type  of  network 
termination. 

Article 5 

establishes  the  link  between  the  essential  requirements  applicable  and  the 
corresponding  harmonised  European  standards  and  in  cases  where  these  do  not 
yet exist, the possibility of reference  to other appropriate technical  specifications. 

Article 6 

ensures  the  linkage  between  the  placing  of  CTEs  on  the  market  and  the  right  to 
use such equipment. 

Article 7 

addresses the procedures to be applied in the event of non-compliance of products 
to the essential requirements. These measures are of an a posteriori nature, as they 
provide  for  rectification  procedures  to  be  initiated  in  cases  where  equipment 
placed  on  the  market  does  not  or  no  longer  complies  with  the  essential 
requirements applicable. 

Article 8 

describes the liability of manufacturers  who are non-compliant. 

Chapter H 

covers conformity  assessment. 

Article 9 

contains, together with Annexes I and II, the conformity  assessment  procedures  to 
be applied.  In the case of non-radio  CTEs, the procedure  is the  simplest  possible 
i.e.  Module  A  of  the  global  approach.  However  for  radio  CTEs,  additional 
evidence must be given regarding the use of the radio frequency spectrum.  In this 
case Module  Aa procedures of the global  approach  are to be applied.  The  Article 
also  lays  down  a  simplified  procedure  for  radio  CTEs  regarding  EMC  and  it 
enhances the scope of the Low Voltage Directive to cover all CTEs. 

Article 10 

lays down the regime to be followed  regarding designation  of Notified  Bodies, the 
criteria for assessment thereof being found  in Annex III. 

Chapter HI  establishes the CE marking regime. 

Article 11  establishes the specific CE marking provisions to be applied. 

Chapter TV  Regulatory  Committee 

Article 12  establishes  a committee  composed  of representatives  from  the  Member  States  and 
chaired  by  a  representative  of  the  Commission.  The  committee  is  called  the 
Telecommunications  Conformity  Assessment  and  Market  Surveillance  committee 
In 
(the  TCAM  committee).  The  committee  primarily  has  a  consultative  role. 
addition,  the  Article  describes  the  Commission's  obligation  to  consult  a number  of 
key players. 

Chapter V 

contains the final and transitional provisions. 

Article 13  puts  an  obligation  upon  the  Commission  to  report  back  to  the  Parliament  and  the 
Council  every third  year.  The  report  shall include  an  assessment  of the  degree  to 
which the internal market objectives for  CTEs have been achieved. 

Articles 
14/16/17 

lay down the provisions necessary to avoid disruption of the market  on  introduction 
of  the  Directive  and  repeal  of  Directives  91/263/EEC  and  93/97/EEC.  A 
transitional period is proposed. 

Article 15  contains  standard  provisions  for  the  transposition  of  the  Directive  into  Member 
States' national law, providing this to be accomplished by [mid  1999]. 

Article 18 

states that the Directive is addressed to the Member States. 

Annexes: 

Annexes  I 
and H 

Annex  in 

contain the requirement for the drawing up of written declarations of  conformity. 

contains  the  minimum  criteria  to  be  met  to  permit  the  designation  of  Notified 
Bodies by the Member States. 

Annex IV 

stipulates the rules to be applied for the CE marking. 

9. 

IMPACT ON EXISTING LEGISLATION 

This draft Directive proposes to fully harmonize the market for telecommunications terminals and 
radio  equipment  by deregulation  of the  placing  on  the market  and  putting  into  service  of such 
equipment.  The draft  Directive makes maximum use of a number  of well-established  horizontal 
Directives and of the Global Approach to testing and certification. 

It  has  been  possible  to  rationalize,  simplify  and  streamline  the  current  legislation  covering 
telecommunications terminal equipment and satellite earth stations. 

The following Directives and provision shall be repealed following the adoption of this Directive: 

Directive 91/263/EEC, Directive 93/97/EEC and Article 11  of Directive 93/68/EEC. 

Any harmonized  standards referred  to  in Decisions adopted  within the framework  of any of the 
repealed Directives may be used to demonstrate conformity to the essential requirements. 

10.  CONCLUSION 

This  proposal  on  the  approximation  of  the  laws  of  the  Member  States  covering  connected 
telecommunications equipment is an essential development of the existing legislation in this area. 

The  proposal  reflects  the  need  expressed  by  industry,  operators,  regulators  and  users  for  a 
regulatory  environment  which  strikes  a  proper  balance  between  fast  market  access  and  the 
safe-guarding of the needs of the European citizens. 

The  proposal  is  designed  to  handle  new  types  of  termination  points  offered  by  alternative 
infrastructures  and  networks  and  will  complement  the  introduction  of frill competition  in  the 
provision  of  telecommunications  services  and  telecommunications 
in  the 
European Union in January 1998. 

infrastructures 

10 

Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL  DIRECTIVE 
on connected telecommunications equipment and the mutual recognition of 
the conformity  of equipment 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission10, 

Having regard to the opinion of the Economic and Social Committee11, 

Acting in accordance with the procedure referred  to in Article  189b of the Treaty12, 

1.  Whereas Council Directive 91/263/EEC  of 29 April  1991, on the approximation  of the laws 
of  the  Member  States  concerning  telecommunications  terminal  equipment,  including  the 
mutual  recognition  of  their  conformity13,  amended  by  Directive  93/68/EEC14,  further 
developed the measures for the mutual recognition of the conformity  of telecommunications 
terminal  equipment; 

2.  Whereas  Council  Directive  93/97/EEC15  supplemented  Directive  91/263/EEC  in respect  of 

satellite earth station  equipment; 

3.  Whereas a regulatory  regime  aimed  at the development of a single market  for terminal and 
radio equipment  should permit investment, manufacture  and sale to take place at the pace of 
technology  and  market  developments;  whereas,  as  a  result  of  liberalisation  of  the 
infrastructure  new definitions  of network termination  points and terminal equipment  will be 
required; whereas, in general, the network  termination  points to be considered  are those of 
public telecommunications networks; whereas in certain cases in the public interest,  terminal 
equipment  for  connection  to  other  types  of  network  termination  points  should  be  subject 
to  regulation; 

4.  Whereas  Directive  [../.../EC]  of  [ 

]16  on  the  application  of  open  network  provision 
(ONP) to voice telephony and on universal  service for telecommunications in a competitive 
environment  calls  on national  regulatory  authorities  to  ensure  the publication  of details  of 
technical  interface  specifications  for  network  access  for  the  purpose  of  ensuring  a 
competitive market for the supply of terminal  equipment; 

10  OJ No 
11  OJ No 
12  OJ No 
13  O J N oL  128, 23.5.1991, p. 1. 
14  OJ No L 220, 31.8.1993, p. 1. 
15  OJ No L 290 24.11.1993, p. 1. 
16  OJ No L 

11 

5.  Whereas  the  electromagnetic  compatibility  related  essential  requirements  laid  down  by 
Council Directive  89/336/EEC  of  3  May  1989  on  the  approximation  of  the  laws  of 
Member States 
last  amended  by 
Directive 93/68/EEC, are sufficient  to cover connected telecommunications  equipment; 

to  electromagnetic  compatibility17,  as 

relating 

6.  Whereas  the  provisions  of  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  limits18,  as  last  amended  by  Directive  93/68/EEC,  are 
sufficient  to  cover  connected  telecommunications  equipment,  whatever  the  operating 
voltage limits; 

7.  Whereas  certain  essential  requirements  specific  to  terminal  and  radio  equipment  may  be 

necessary in order to protect the public interest; 

8.  Whereas  unacceptable  degradation  of  service  to  other  than  the  user  of  connected 

telecommunications equipment  should be prevented; 

9.  Whereas  harmonized  interfaces  between  terminal  equipment  and 

telecommunications 
networks  ensure  the  coexistence  of  competitive  markets  for  both  terminal  equipment  and 
network services; 

10.  Whereas  connected  telecommunications  equipment  can  occupy  an  excessive  proportion  of 

limited resources such as radio frequency spectrum; 

11.  Whereas  the  Commission  may  need  to  take  into  account  certain  Community-wide 

requirements where justified  in the public interest; 

12.  Whereas  the  essential  requirements  relevant  to  a  class  of  connected  telecommunications 
equipment  should  depend  on the  nature  and  the  needs  of that  class  of  equipment;  whereas 
these  requirements  must  be  applied  with  discernment  in  order  not  to  inhibit  technological 
innovation or the meeting of the needs of a free-market economy; 

13.  Whereas  care  should  be  taken  that  connected  telecommunications  equipment  should  not 

represent  an avoidable hazard to health; 

14.  Whereas  telecommunications  are  important  to  the  well-being  and  employment  of  people 
with  disabilities  who  represent  a  substantial  and  growing  proportion  of  the  population 
of Europe; 

15.  Whereas  connected  telecommunications  equipment  can  provide  certain  functions  required 

by emergency and security services; 

16.  Whereas  connected  telecommunications  equipment  should  not  pennit  the  infringement  of 

individual privacy; 

17  OJ No L  139, 23.5.1989, p. 19. 
18  O J N o L 7 7,  26.3.1973, p. 29. 

12 

17.  Whereas to  enable the Commission  to  monitor  effectively  the control  of the market,  it is 
necessary  that  Member  States  provide  the  relevant  information  concerning  types  of 
network  termination  points,  inadequate  or  incorrectly  applied  harmonized  standards, 
notified bodies and surveillance authorities; 

18.  Whereas it  is desirable to  have  harmonized  standards  at  European  level to  safeguard  the 
public 
the  design  and  manufacture  of  connected 
telecommunications  equipment;  whereas  such  harmonized  standards  may  be  used  to 
demonstrate conformity to the essential requirements; 

in  connection  with 

interest 

19.  Whereas Community law provides that obstacles to the free movement of goods within the 
Community,  resulting from disparities  in national  legislation  relating  to  the  marketing  of 
products,  can  only  be  justified  where  any  national  requirements  are  necessary  and 
proportionate; whereas, therefore, the harmonization of laws must be limited only to those 
requirements  necessary  to  satisfy  the  essential  requirements  relating  to  connected 
telecommunications  equipment;  whereas  these  requirements  must  replace  the  relevant 
national requirements; 

20.  Whereas  connected  telecommunications  equipment  which  complies  with  the  relevant 
essential requirements should be permitted to circulate freely and be put into service in all 
Member States; whereas connected telecommunications equipment which does not comply 
with the applicable essential requirements should be regarded  as defective  products within 
the meaning of Council Directive 85/374/EEC of 25 July  1985 on the approximation of the 
laws, regulations and administrative provisions of the Member States concerning liability for 
defective products19; 

21.  Whereas  manufacturers  or  their  authorized  representatives  established  within  the 
Community who are responsible for  placing products on the Community market which do 
not comply with the relevant essential requirements should be liable according to provisions 
equivalent to those in Directive 85/374/EEC, modified,  as necessary, to meet the needs of 
telecommunications equipment; 

22.  Whereas  on  22  July  1993  the  Council  adopted  Decision  93/465/EEC  concerning  the 
modules for the various phases of the conformity  assessment  procedures  and the rules for 
the  affixing  and the use  of  CE  conformity  marking,  intended  to  be used  in the  technical 
harmonization directives20' whereas the conformity assessment procedures applicable should 
be chosen from the available modules laid down by that Decision; 

23.  Whereas it is desirable to establish a committee bringing together parties directly concerned 
with  the  implementation  of  regulation  of terminal  and  radio  equipment,  in  particular  the 
national  bodies  designated  for  certifying  conformity  and  national  bodies  responsible  for 
market surveillance, to assist the Commission in achieving a harmonized and proportionate 
application of the provisions which meet the needs of the market  and  the public  at large; 
whereas  representatives  from  the  telecommunications  organizations,  users,  consumers, 
manufacturers, and service providers should be consulted where appropriate; 

19  OJNoL210,  7.8.1985, p. 29. 
20  OJNoL220,  30.8.1993, p. 23. 

13 

24.  Whereas  it  is necessary to  ensure that  with the introduction  of changes to  the  regulatory 
regime there is a smooth transition from the previous regime in order to  avoid disruption to 
the market and legal uncertainty; 

25.  Whereas  the  telecommunications  terminal  equipment  sector  is  an  essential  part  of  the 
telecommunications  market,  which  is  a  key  element  of  the  economy  in  the  Community; 
whereas the Directives applicable to the telecommunications terminal equipment  sector are 
no longer  capable  of  accommodating  the  expected  changes  in the  sector  caused  by new 
technology, market developments and network legislation; 

26.  Whereas  the  Commission  should  review  on  a  periodic  basis  which  categories  of  terminal 
equipment  no  longer  require  Community  standards  relating  to  interfaces  between  public 
networks  and  terminal  equipment,  taking  due  account  of the  progress  in  implementation  of 
competition in the public network provision market; 

27.  Whereas this Directive replaces Directive 91/263/EEC, Directive 93/97/EEC and Article 11 

of  Directive 93/68/EEC, which should accordingly be repealed; 

28.  Whereas in accordance with the principles of subsidiarity and proportionality referred  to in 
Article  3b of the  Treaty,  the  objective  of  creating  an  open  competitive  single market  for 
telecommunications  equipment  cannot  be  effectively  achieved  by the  Member  States and 
therefore  is better  achieved  at  a Community level; whereas this Directive is limited to the 
minimum requirements necessary to meet this objective  arid does not  exceed that which is 
necessary to achieve this aim, 

14 

HAVE ADOPTED THIS  DIRECTIVE: 

CHAPTER I 

General  aspects 

Article 1 
Scope and aim 

This  Directive  establishes  a  European  Community  regulatory  framework  for  the  placing  on  the 
market,  free  circulation  and  putting  into  service  of  Connected  Telecommunications  Equipment 
(CTE) which complies with the essential requirements. 

Article 2 
Definitions 

For the purpose of this Directive the following  definitions  shall apply: 

(a)  Connected  Telecommunications Equipment  (CTE) 

Equipment  capable  of  communication  by  means  of  radio  transmission  utilizing  spectrum 
allocated  to  terrestrial/space  radio  communication  excluding  equipment  which  is  intended 
for exclusive public security use, 

or 

the relevant components of equipment to be connected to an Open Network Termination Point, 
allowing this equipment to interwork with the relevant network; 

(b)  Open Telecommunications Network  Termination Point  (ONTP) 

A termination  point  of  a  telecommunications  network  at  which  users  of  the  network  may 
connect  any conforming  Connected  Telecommunications  Equipment  of a type  supported  at 
that  ONTP.  Connection  may be by wire, radio,  optical  or  other  electromagnetic  means. An 
ONTP  supports  one  or  more  types  of  CTE.  In  exceptional  cases  in  the  public  interest, 
ONTP types can be termination points of other than public networks; 

(c)  CTE Type 

The  CTE  type  identifies  the  type  of  Open  Network  Termination  Point  to  which  the 
equipment is to be connected  by wire, radio, optical or other electromagnetic means; 

15 

(d)  Technical  specification 

A specification  contained in a document which describes those characteristics of a product 
which implement the applicable essential requirements; 

(e)  Harmonized standard 

A  technical  specification  adopted  by  a  recognized  standards  body  under  a  mandate 
from the  Commission 
in 
Council Directive 83/189/EEC21  for  the  purpose  of  establishing  a  European  requirement, 
compliance with which is not compulsory. 

conformity  with 

the  procedures 

down 

laid 

in 

Article 3 
Essential requirements 

1. 

The following general essential requirements are applicable to all CTE: 

(a)  the  essential  requirements  contained  in  Directive  73/23/EEC  with  respect  to  safety 

whatever the voltage limits of the CTE; 

(b)  the  essential  requirements  contained  in  Directive  89/336/EEC  with  respect  to 

electromagnetic compatibility. 

2. 

The  specific  essential  requirements  applicable  to  each  type  of  CTE  may  be  selected  in 
accordance with the provisions of Article 4 from the following list: 

(a)  prevention  of  misuse  of  network  resources  causing  an  unacceptable  degradation  of 

service to other than the user of the CTE; 

(b)  interworking  via network(s)  and  Community-wide portability  between  ONTPs  of the 

same type; 

(c)  effective use of spectrum allocated to terrestrial/space radio communication. 

Identification of relevant specific essential requirements 

Article 4 

1. 

The  Commission  shall  identify  the  specific  essential  requirements  applicable  to  each 
CTE type  in  accordance  with  the  procedure  laid  down  in  Article  12.  In  selecting  the 
applicable  essential  requirements,  the  Commission  shall  give,  as  appropriate,  due 
consideration to: 

(a)  protection of health, 

(b)  features for users with disabilities, 

21  OJNoL109,  26.4.1983, p. 8. 

16 

(c)  features  for emergency and security services, 

(d)  protection of individual privacy. 

applicable 

The 
specific 
Official Journal  of the European  Communities. 

essential 

requirements 

shall 

be 

published 

in 

the 

2.  Member  States  shall  notify  the  Commission  of  the  types  of  ONTP  which  are  available  or 
due to become  available  as soon  as they  are  aware  of them  In turn,  the  Commission  shall 
inform the Committee referred  to in Article  12 (hereinafter  referred  to  as "the  Committee") 
of existing and planned ONTP types. 

3.  Member  States  shall ensure that the operators of all networks publish and regularly update, 
accurate  and  adequate  technical  specifications  of the  available  ONTPs  and  the  CTE  types 
supported.  The  specifications  should  be  in  sufficient  detail  to  permit  the  design  of 
compatible CTE. 

Article 5 
Harmonized  standards 

1.  When  CTE  meets  the  relevant  harmonized  standards  whose  reference  numbers  have  been 
published  in  the  Official  Journal  of  the  European  Communities,  Member  States  shall 
presume  compliance  with  those  of  the  essential  requirements  referred  to  in  Article  3  and 
Article  4  as  are  covered  in  these  standards.  At  the  choice  of  the  manufacturer  and,  in 
particular,  in the  absence  of  a harmonized  standard,  compliance  with the  relevant  essential 
requirements  can  be  demonstrated  by  means  of  compliance  with  a  technical  specification 
appropriate to the relevant essential requirements. 

2.  Where a Member  State or the Commission considers that  a harmonized  standard  referred  to 
in paragraph  1 does not  conform  to  the  selected  specific  essential  requirements  referred  to 
in Article 3(2) and Article 4(1), the Commission or the Member  State concerned  shall bring 
the matter before the Committee and initiate the procedures described in Article 12. 

Article 6 
Placing  on the market and putting  into service 

1.  Member  States  shall  ensure  that  CTE  which  complies  with  the  appropriate  essential 
requirements  identified  in  Article  3(1)  and  (2)  and  Article  4(1)  is  permitted  to  circulate 
freely  and  is  not  subject  to  further  national  regulation.  Where  the  specific  essential 
requirements  for  a type  of CTE  have not yet  been  determined,  a manufacturer  shall  not  be 
subject  to  national  regulation  and  may place the  CTE  on the  market  provided  he  complies 
with the general  essential  requirements  identified  in Article 3(1).  CTE  which  complies with 
the essential  requirements  applicable at the time of first placing  on the  market  can  continue 
to be placed  on the market. 

2.  Member States shall ensure that connection of CTE to appropriate  ONTPs is not refused  on 
the  grounds  of  technical  incompatibility  when  the  CTE  complies with  the  requirements  of 
Article 3. 

17 

3.  Member  States  shall  ensure  that,  when  placed  on  the  market,  CTE  is  accompanied  by 
documentation  informing  the  potential  purchaser  or  user  of the  CTE  that  the  equipment 
complies with the relevant essential requirements and of any usage conditions resulting from 
the  selection  of essential  requirements.  These usage conditions  should include,  inter aliai 
the ONTP type(s)  to which the CTE may be connected  and any limitations  on use made 
necessary by lack of harmonization of radio spectrum. 

Article 7 
Non-compliance 

1.  Where a Member State finds that CTE being placed on the market in its territory does not 
comply with the essential requirements relevant to the CTE type, it shall take all appropriate 
measures to  withdraw  such  products from the  market  and  prohibit  their  being placed  on 
the market. 

2. 

The  Member  State  concerned  shall  immediately  notify  the  Commission  of  all  decisions 
relating  to  non-compliance 
its  decision  and  whether 
indicating  the  reasons  for 
non-compliance is due to: 

(a)  incorrect application of the harmonized standards referred to in Article 5, 

(b)  shortcomings in the harmonized standards referred to in Article 5, 

(c)  use of an inappropriate technical  specification. 

3.  Where the non-compliance referred  to in paragraph 2 is attributed  to  shortcomings  in the 
harmonized  standards  applicable,  the  Commission  shall  bring  the  matter  before  the 
Committee within two months of the date of notification by the Member State. 

4. 

The Commission shall keep the Member State informed of the progress and outcome of any 
procedure initiated pursuant to paragraph 3. 

Article 8 
Liability for non-compliance 

1.  Manufacturers  or  their  authorized  representatives  established  within  the  Community  who 
place products on the Community market which do not comply with the applicable essential 
requirements  shall be liable for  damage as described  in Article 9 of Directive  85/374/EEC 
and  for  direct  economic  damage  suffered  as  a  consequence  of  the  non-compliance.  The 
economic damage shall not include any anticipated profits. 

2.  Manufacturers  or their  authorized  representatives  established  within the  Community  shall 
not be liable for the damages referred  to in paragraph  1  if they can prove that the essential 
requirement(s) with which their product  does not comply had not been identified  pursuant 
to Article 4 at the time when the equipment was placed on the market. 

18 

CHAPTER H 

Conformity assessment 

Article 9 
Conformity assessment procedures 

1. 

The conformity assessment procedures identified  in this Article will be used to demonstrate 
the  compliance  of  the  CTE  with  all  the  relevant  essential  requirements  identified  in 
Article 3(1) and (2) and Article 4(1). 

2.  CTE  which  does  not  make  use  of  the  spectrum  allocated 

to  terrestrial/space 
radio  communication  shall  be  subject  to  internal  production  control,  as  described  in 
Annex I. 

3.  CTE  which  does  make  use  of  the  spectrum  allocated  to  terrestrial/space  radio 
communication shall be subject to internal production control and specific product tests, as 
described in Annex II. 

4. 

The records and correspondence relating to the production control procedures referred to in 
paragraphs  2  and  3 shall be  in  an official  language  of the  Member  State  where  the  said 
procedure will be carried out, or in a language accepted by the notified body involved. 

Article 10 
Notified bodies and surveillance authorities 

1.  Member  States  shall  notify  the  Commission  and  the  other  Member  States  of  the  bodies 
which  they  have  designated  to  carry  out  the  relevant  tasks  referred  to  in  Article  9. 
Member  States  shall apply the  criteria  laid  down  in Annex III  in  assessing  the bodies to 
be notified. 

2. 

The  Commission  shall  publish  a  list  of  the  notified  bodies,  together  with  their 
in  the 
identification  numbers  and  the  tasks  for  which  they  have  been  notified, 
Official Journal  of  the  European  Communities. Member  States  shall  provide  the 
Commission with all information necessary to keep the list up to date. 

3.  Member States shall notify the Commission and the other Member States of the authorities 
established  within  their  territory  which  carry  out  the  surveillance  tasks  related  to  the 
operation of this Directive. 

19 

CHAPTER HI 

CE conformity  marking and inscriptions 

Article 11 
CE marking 

1. 

CTE  complying  with  the  relevant  essential  requirements  shall  bear  the  CE  conformity 
marking  referred  to  in Annex  IV.  It  shall be  affixed  by the  manufacturer  or  his  authorized 
representative  within  the  Community.  Where  appropriate,  it  shall  be  accompanied  by  the 
identification  number  of the  notified  body  referred  to  in  Article  10(2).  Any  other  marking 
may be affixed  to the equipment  provided that the visibility and legibility of the CE marking 
is not thereby reduced. 

2.  No  CTE, whether it complies with the relevant  essential requirements  or not,  may bear  any 
other  marking  which  is  likely  to  deceive  third  parties  as  to  the  meaning  and  form  of  the 
CE marking specified  in Annex IV. 

3. 

4. 

1. 

2. 

3. 

4. 

The  competent  Member  State  shall  take  appropriate  action  against  any  person  who  has 
affixed  marking  not  in  conformity  with  paragraphs  1 and  2.  If the  person  who  affixed  the 
marking  is  not  identifiable,  the  action  shall  be  taken  against  the  holder  of  the  CTE  when 
non-compliance was discovered. 

CTE  shall 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. 

CHAPTER  IV 

Committee 

Article  12 
Constitution and  procedures 

The  Commission  shall  be  assisted  by  a  Committee,  the  Telecommunication  Conformity 
Assessment  and  Market  surveillance  committee  (TCAM),  of an  advisory  nature  composed 
of  the  representatives  of  the  Member  States  and  chaired  by  the  representative  of 
the Commission. 

The Committee shall be consulted  on the matters covered by Articles 4, 5 and 7. 

The Committee  may be consulted,  where necessary,  on the effectiveness  of the  surveillance 
tasks related to the operation  of this Directive. 

The representative of the Commission  shall submit to the Committee a draft  of the measures 
to  be taken.  The  Committee  shall  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. 

20 

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

The Commission shall take the utmost account of the opinion delivered by the Committee. 
It  shall  inform  the  Committee  of  the  manner  in  which  its  opinion  has  been  taken  into 
account and decide within one month after having received the opinion of the Committee. 

5. 

The  Commission  shall  periodically  consult  the  representatives  of the  telecommunications 
networks  providers,  the  consumers  and  the  manufacturers.  It  shall  keep  the  Committee 
regularly informed of the outcome of such consultations. 

CHAPTER V 

Final and transitional provisions 

Article 13 
Review and reporting 

The  Commission  shall  review  the  operation  of  this  Directive  and  report  thereon  to  the 
European  Parliament and to the Council, on the first occasion not later than [31 December 1999] 
and  every  third  year  thereafter.  This  review  shall  inter alia  assess  whether  the  scope  of  the 
Directive  should  be maintained  or  should  be reduced  taking  account  of technical  development. 
The réport shall cover progress on drawing up the relevant standards, as well as any problems that 
have arisen  in the  course  of  implementation.  The  report  shall  also  outline the  activities  of the 
Committee, and assess progress in achieving an open competitive market for  CTE at Community 
level.  It  shall  in  particular  examine  whether  essential  requirements  are  still  necessary  for  all 
categories of terminal equipment covered. 

Article 14 
Transitional provisions 

1.  The  harmonized  standards  or  parts  thereof  identified  through  Common  Technical 
Regulations adopted under Directive 91/263/EEC or Directive 93/97/EEC may be used as 
the basis for a presumption of conformity with the specific essential requirements referred to 
Article 3(2) and Article 4(1) until such time as the Commission indicates, by publication in 
the Official Journal of the European Communities, that they are no longer applicable. 

2.  Any  measure  adopted  by  Member  States  in  accordance  with  Directive  91/263/EEC  or 

Directive 93/97/EEC shall continue to be valid. 

21 

Article 15 
Transposition 

1.  Member  States  shall  take  the  measures  necessary  to  comply  with  this  Directive  not  later 

than [1 July  1999]. They shall forthwith  inform the Commission thereof. 

When  Member  States  adopt  these  provisions,  these  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 laid down by Member States. 

2.  Member  States  shall inform  the Commission  of the main provisions  of domestic  law  which 

they adopt in the field covered by this Directive. 

Article 16 
Repeal 

Directive  91/263/EEC,  Directive  97/97/EC  and  Article  11  of  Directive  93/68/EEC  are 
hereby repealed. 

Article 17 
Entry into force 

This Directive  shall  enter  into  force  on the  twentieth  day  following  that  of  its  publication  in  the 
Official Journal  of the European  Communities. 

Article 18 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

22 

Conformity assessment procedure referred to in Article 9(2)22 

ANNEX I 

Module A (internal production control) 

1.  This  module  describes  the  procedure  whereby  the  manufacturer  or  his  authorized 
representative established within the Community, who carries out the obligations laid down in 
paragraph 2, ensures and declares that the products concerned satisfy the requirements of this 
Directive that  apply to them. The manufacturer  or his authorized  representative  established 
within  the  Community  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 paragraph 3 and he 
or his authorized representative  established within the Community must keep it for  a period 
ending at least ten years after  the last product has been manufactured  at the disposal of the 
relevant national authorities for inspection purposes. 

3.  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 Community market. 

4.  The technical  documentation  must  enable the  conformity  of the  product  with the  essential 
requirements  to  be  assessed.  It  must  cover  the  design,  manufacture  and  operation  of  the 
product, in particular: 

-  a general description of the product;  • 

-  conceptual  design  and  manufacturing  drawings  and  schemes  of  components, 

sub-assemblies, circuits, etc.; 

-  descriptions  and  explanations  necessary  for  the  understanding  of  said  drawings  and 

schemes and the operation of the product; 

-  a list of the standards referred to in Article 5, applied in full or in part, and descriptions of 
the  solutions  adopted  to  meet  the  essential  requirements  of  the  Directive  where  such 
standards referred to in Article 5 have not been applied or do not exist; 

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

-  test reports. 

22  Annex  I  and  Annex  2  are  extracted  from  Decision  93/465/EEC  (OJ  No  L  220,  30.8.1993,  p.  23)  of 
22 July 1993, concerning the modules for the various phases of the conformity  assessment procedures.... , as 
supported by the "Guide to the implementation  of Community  harmonizatoion  directives based  on  the new 
approach  and  the  global  approach  -  First  Version"  (Luxembourg  Office  for  Official  Publications  of  the 
European Communities,  1994, ISBN 92-826-8584-5). Any changes in these documents which may affect  the 
wording of Annex I or II should be taken into account by the Council). 

23 

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

conformity with the technical documentation. 

6.  The manufacturer must take all measures necessary in order that the manufacturing  process 
ensures compliance of the manufactured  products with the technical  documentation  referred 
to in paragraph 2 and with the requirements of this Directive that apply to them. 

24 

ANNEX II 

Conformity assessment procedure referred to in Article 9(3) 

Module Aa (Internal production control plus specific product tests) 

This Annex consists of Annex I, plus the following supplementary requirement: 

For each product, all essential radio test suites must be carried out by the manufacturer  or on his 
behalf. The identification  of the tests suites that are considered to bë essential is the responsibility 
of a notified body chosen by the manufacturer. 

On the responsibility of the notified  body, the manufacturer  must affix  the former's  identification 
number during the manufacturing process. 

25 

ANNEX HI 

Minimum criteria to be taken into account by Member States when designating notified 
bodies in accordance with Article 10(1) 

1.  The notified  body, its director and the staff responsible for carrying out the tasks for which 
the  notified  body  has  been  designated  shall  not  be  a  designer,  manufacturer,  supplier  or 
installer of terminal or radio equipment, or a network operator or a service provider, nor the 
authorized  representative of any of such parties. They shall be independent  and not become 
directly involved in the design, construction,  marketing or maintenance of terminal  or radio 
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 all pressures and inducements, particularly financial, which might influence 
their judgement or the results of any inspection, especially 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 technical 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. 

6. 

7. 

The  impartiality  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. 

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

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

26 

Marking of equipment referred to in Article 11(1) 

ANNEX TV 

1. 

The CE conformity marking shall consist of the initials "CE" taking the following form. 

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

The CE marking must have a height of at least 5 mm. 

The CE marking must be affixed  to the product or to its data plate. However, where this is 
not possible or not warranted on account of the nature of the product, it must be affixed  to 
the packaging, if any, and to the accompanying documents. 

2. 

3. 

4. 

The CE marking must be affixed visibly, legibly and indelibly. 

27 

ISSN 0254-1475 

COM(97) 257 final 

DOCUMENTS 

EN 

15  06 

Catalogue  number  :  CB-CO-97-245-EN-C 

ISBN 92-78-20219-3 

Office  for Official  Publications of the European Communities 

L-2985  Luxembourg 

&e