Amended proposal for a European Parliament and Council Directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations
Date: 1997-11-17
Institutions: European Commission
Subjects: access to EU information, harmonisation of standards, information, technical regulations, technical standard

C  65/12

EN

Official  Journal  of  the  European  Communities

28.2.98

II

(Preparatory  Acts)

COMMISSION

Amended  proposal  for  a  European  Parliament  and  Council  directive  amending  for  the  third
time  Directive  83/189/EEC  laying  down  a  procedure  for  the  provision  of  information  in  the
field  of  technical  standards  and  regulations(cid:216)(˛)

(98/C  65/07)

(Text  with  EEA  relevance)

COM(97)  601  final  -  96/0220(COD)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  17  November
1997)

(˛)(cid:217)OJ  C(cid:216)307,  16.10.1996,  p.  11.

INITIAL  PROPOSAL

AMENDED  PROPOSAL

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  in  particular  Articles  100a  and  213  thereof,

Having  regard  to  the  Treaty  establishing  the  European
Community,  in  particular  Articles  100a  and  213  thereof,

Having  regard  to  the  proposal  of  the  Commission,

Having  regard  to  the  proposal  of  the  Commission,

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

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

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

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

(1)(cid:217)Whereas,  in  order  to  promote  the  smooth  func(cid:220)
tioning  of  the 
internal  market,  as  much  trans(cid:220)
parency  as  possible  should  be  ensured  as  regards
the  future  national  rules  and  regulations  that  will
apply  to  information  society  services  by  amending
Directive  83/189/EEC;

(1)(cid:217)Whereas,  in  order  to  promote  the  smooth  func(cid:220)
tioning  of  the 
internal  market,  as  much  trans(cid:220)
parency  as  possible  should  be  ensured  as  regards
the  future  national  rules  and  regulations  that  will
apply  to  information  society  services  by  amending
Directive  83/189/EEC;

(1a)(cid:217)Whereas  the  concepts  of  "service’  and  "provision  of
service’  used  in  this  Directive  must  be  understood
in  the  broad  sense  of  the  term  given  to  them  by
the  case(cid:220)law  of  the  Court  of  Justice  in  its  interpre(cid:220)
tation  of  Articles  59  to  66  of  the  EC  Treaty;

28.2.98

EN

Official  Journal  of  the  European  Communities

C  65/13

INITIAL  PROPOSAL

AMENDED  PROPOSAL

(2)(cid:217)Whereas  a  wide  variety  of  services  within  the
meaning  of  Articles  59  and  60  of  the  Treaty  will
benefit  from  the  opportunities  afforded  by  the
for  being  provided  at  a
information 
society 
distance,  electronically  and  on 
individual
request  of  a  service  receiver;

the 

(2)(cid:217)Whereas  a  wide  variety  of  services  within  the
meaning  of  Articles  59  and  60  of  the  Treaty  will
benefit  from  the  opportunities  afforded  by  the
for  being  provided  at  a
information 
society 
distance,  electronically  and  on 
individual
request  of  a  service  receiver;

the 

(3)(cid:217)Whereas  the  area  without 

internal  frontiers  of
which  the 
internal  market  consists  enables  the
providers  of  such  services  to  develop  their  cross(cid:220)
border  activities  with  a  view  to  increasing  their
competitiveness,  and  thus  affords  ordinary  citizens
new  opportunities  for  transmitting  and  receiving
information  regardless  of  frontiers,  and  consumers
new  forms  of  access  to  goods  and  services;

(3)(cid:217)Whereas  the  area  without 

internal  frontiers  of
which  the 
internal  market  consists  enables  the
providers  of  such  services  to  develop  their  cross(cid:220)
border  activities  with  a  view  to  increasing  their
competitiveness,  and  thus  affords  ordinary  citizens
new  opportunities  for  transmitting  and  receiving
information  regardless  of  frontiers,  and  consumers
new  forms  of  access  to  goods  and  services;

(4)(cid:217)Whereas  the  various  social,  societal  and  cultural
implications  of 
information
the  advent  of 
society  may  require  account  to  be  taken  of  the
specificity  of  the  content  of  such  services;

the 

(4)(cid:217)Whereas  the  various  social,  societal  and  cultural
implications  of 
information
the  advent  of 
society  may  require  account  to  be  taken  of  the
specificity  of  the  content  of  such  services;

the 

(4a)(cid:217)Whereas  there  may  be  instances  in  which  Member
States  deem  it  necessary  to  take  measures  in  the
identity  and
interest  of  preserving 
diversity,  having  due  regard  for  Community  law;

cultural 

(5)(cid:217)Whereas  the  European  Council  has  stressed  the
need  to  create  a  clear  and  stable  legal  framework  at
Community  level  in  order  to  foster  the  development
of  the  information  society;  whereas  Community  law
in
and  the  rules  governing  the 
particular,  including  both  the  principles  enshrined
in  the  Treaty  and  secondary  legislation,  already
constitue  a  basic  legal  framework  for  the  growth  of
such  services;

internal  market 

(5)(cid:217)Whereas  the  European  Council  has  stressed  the
need  to  create  a  clear  and  stable  legal  framework  at
Community  level  in  order  to  foster  the  development
of  the  information  society;  whereas  Community  law
in
and  the  rules  governing  the 
particular,  including  both  the  principles  enshrined
in  the  Treaty  and  secondary  legislation,  already
constitute  a  basic  legal  framework  for  the  growth
of  such  services;

internal  market 

(5a)(cid:217)Whereas  the  Commission  has  committed  itself  to
submitting  Green  Papers  followed  by  proposals  for
joint  actions  on  the  new  services;

(6)(cid:217)Whereas  the  current  national  rules  and  regulations
applicable  to  existing  services  will  have  to  be
adapted  to  take  account  of  the  new  information
society  services,  either  with  a  view  to  ensuring  that
the  general  interest  is  better  safeguarded  or,  on  the
contrary,  with  a  view  to  simplifying  them  where
their 
the
objectives  they  pursue;

is  disproportionate 

application 

to 

(6)(cid:217)Whereas  the  current  national  rules  and  regulations
applicable  to  existing  services  will  have  to  be
adapted  to  take  account  of  the  new  information
society  services,  either  with  a  view  to  ensuring  that
the  general  interest  is  better  safeguarded  or,  on  the
contrary,  with  a  view  to  simplifying  them  where
their 
the
objectives  they  pursue;

is  disproportionate 

application 

to 

C  65/14

EN

Official  Journal  of  the  European  Communities

28.2.98

INITIAL  PROPOSAL

AMENDED  PROPOSAL

(7)(cid:217)Whereas,  without  coordination  at  Community  level,
this  foreseeable  regulatory  activity  at  national  level
might  result  in  restrictions  to  the  free  movement  of
services  and  the  freedom  of  establishment,  leading
in  turn  to  a  refragmentation  of  the  internal  market,
over(cid:220)regulation  and  regulatory  inconsistencies;

(7)(cid:217)Whereas,  without  coordination  at  Community  level,
this  foreseeable  regulatory  activity  at  national  level
might  result  in  restrictions  to  the  free  movement  of
services  and  the  freedom  of  establishment,  leading
in  turn  to  a  refragmentation  of  the  internal  market,
over(cid:220)regulation  and  regulatory  inconsistencies;

(8)(cid:217)Whereas, 

in  order  to  ensure  real  and  effective
protection  of  the  general  interest  objectives  which
play  a  part  in  the  development  of  the  information
society,  there  is  a  need  for  a  coordinated  approach
at  Community  level  when  dealing  with  questions
relating  to  activities  with  such  highly  transnational
connotations  as  the  new  services  have;

(8)(cid:217)Whereas, 

in  order  to  ensure  real  and  effective
protection  of  the  general  interest  objectives  which
play  a  part  in  the  development  of  the  information
society,  there  is  a  need  for  a  coordinated  approach
at  Community  level  when  dealing  with  questions
relating  to  activities  with  such  highly  transnational
connotations  as  the  new  services  have;

(8a)(cid:217)Whereas  there  already  exists  Community  harmon(cid:220)
isation  for  telecommunications  services  and  that
the  existing  Community  legislation  foresees  adap(cid:220)
tations  to  account  for  technological  developments
and  the  supply  of  new  services;

(8a)(cid:217)Whereas  there  already  exists  Community  harmon(cid:220)
isation  for  telecommunications  services  and  that
the  existing  Community  legislation  foresees  adap(cid:220)
tations  to  account  for  technological  developments
and  the  supply  of  new  services;

information  society, 

(9)(cid:217)Whereas,  for  the  other,  less  well(cid:220)known  fields  of
the 
it  would  be  premature,
however,  to  coordinate  such  rules  and  regulations
by  means  of  an  extensive  or  exhaustive  harmon(cid:220)
isation  at  Community  level  of  the  substantive  law,
given,  first,  that  neither  the  form  the  new  services
will  take  nor  their  nature  is  sufficiently  well  known,
secondly,  that  there  is  as  yet  at  national  level  no
specific  regulatory  activity  in  this  field,  and,  thirdly,
that  the  need  for  and  content  of  such  harmon(cid:220)
isation  in  the  light  of  the  internal  market  cannot  be
defined  at  this  stage;

information  society, 

(9)(cid:217)Whereas,  for  the  other,  less  well(cid:220)known  fields  of
the 
it  would  be  premature,
however,  to  coordinate  such  rules  and  regulations
by  means  of  an  extensive  or  exhaustive  harmon(cid:220)
isation  at  Community  level  of  the  substantive  law,
given,  first,  that  neither  the  form  the  new  services
will  take  nor  their  nature  is  sufficiently  well  known,
secondly,  that  there  is  as  yet  at  national  level  no
specific  regulatory  activity  in  this  field,  and,  thirdly,
that  the  need  for  and  content  of  such  harmon(cid:220)
isation  in  the  light  of  the  internal  market  cannot  be
defined  at  this  stage;

rules  and 

regulations;  whereas 

(10)(cid:217)Whereas  it  is  therefore  necessary  to  preserve  the
smooth  functioning  of  the  area  without  internal
frontiers  and  to  avert  the  risks  of  refragmentation
by  providing  for  a  procedure  for  the  provision  of
information, 
the  holding  of  consultations,  and
administrative  cooperation  in  respect  of  the  new
draft 
such  a
procedure  will  contribute  inter  alia  to  ensure  that
the  Treaty,  in  particular  Articles  52  and  59  thereof,
is  effectively  applied,  and,  where  appropriate,  to
detect  the  need  to  safeguard  the  general  interest  at
Community  level;  whereas,  moreover,  the  improved
application  of  the  Treaty  made  possible  by  such  an
information  procedure  will  have 
the  effect  of
reducing  the  need  for  Community  rules  to  that
which  is  strictly  necessary  and  proportional  in  the
light  of  the  internal  market  and  of  the  protection  of
general  interest  objectives;  whereas,  lastly,  such  a
procedure  will  enable  businesses  to  exploit  the
advantages  of  the  internal  market  more  effectively;

rules  and 

regulations;  whereas 

(10)(cid:217)Whereas  it  is  therefore  necessary  to  preserve  the
smooth  functioning  of  the  area  without  internal
frontiers  and  to  avert  the  risks  of  refragmentation
by  providing  for  a  procedure  for  the  provision  of
information, 
the  holding  of  consultations,  and
administrative  cooperation  in  respect  of  the  new
draft 
such  a
procedure  will  contribute  inter  alia  to  ensure  that
the  Treaty,  in  particular  Articles  52  and  59  thereof,
is  effectively  applied,  and,  where  appropriate,  to
detect  the  need  to  safeguard  the  general  interest  at
Community  level;  whereas,  moreover,  the  improved
application  of  the  Treaty  made  possible  by  such  an
information  procedure  will  have 
the  effect  of
reducing  the  need  for  Community  rules  to  that
which  is  strictly  necessary  and  proportional  in  the
light  of  the  internal  market  and  of  the  protection  of
general  interest  objectives;  whereas,  lastly,  such  a
procedure  will  enable  businesses  to  exploit  the
advantages  of  the  internal  market  more  effectively;

28.2.98

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Official  Journal  of  the  European  Communities

C  65/15

INITIAL  PROPOSAL

AMENDED  PROPOSAL

regulations  pursues 

(11)(cid:217)Whereas  Council  Directive  83/189/EEC  of  28
laying  down  a  procedure  for  the
March  1983 
provision  of  information  in  the  field  of  technical
standards  and 
same
objectives;  whereas  this  procedure  is  effective,  being
the  most  comprehensive  one  for  attaining  these
objectives;  whereas  the  experience  that  has  been
gained 
the
procedures  provided  for  therein  can  be  applied  to
draft  rules  on  information  society  services;  whereas
the  procedure  it  lays  down  is  now  well  established
among  national  authorities;

the  Directive  and 

implementing 

the 

in 

(11)(cid:217)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  pursues  the  same  objectives;  whereas
this  procedure  is  effective,  being  the  most  compre(cid:220)
hensive  one  for  attaining  these  objectives;  whereas
in
the 
implementing  the  Directive  and  the  procedures
provided  for  therein  can  be  applied  to  draft  rules  on
information  society  services;  whereas  the  procedure
it  lays  down  is  now  well  established  among  national
authorities;

experience 

gained 

been 

that 

has 

(12)(cid:217)Whereas,  moreover,  in  accordance  with  Article  7a
of  the  Treaty,  the  internal  market  comprises  an
area  without  internal  frontiers  in  which  the  free
movement  of  goods,  persons,  services  and  capital  is
ensured;  whereas  Directive  83/189/EEC  provides
only  for  an  administrative  cooperation  procedure
and  not  for  any  harmonisation  of  substantive  rules;

(12)(cid:217)Whereas,  moreover,  in  accordance  with  Article  7a
of  the  Treaty,  the  internal  market  comprises  an
area  without  internal  frontiers  in  which  the  free
movement  of  goods,  persons,  services  and  capital  is
ensured;  whereas  Directive  83/189/EEC  provides
only  for  an  administrative  cooperation  procedure
and  not  for  any  harmonisation  of  substantive  rules;

(13)(cid:217)Whereas, 

therefore, 

regulations  on 

amendment  of  Directive
83/189/EEC  with  a  view  to  applying  it  to  draft
society
rules  and 
services 
is  the  approach  best  suited  to  meeting
effectively  the  need  for  transparency  in  the  internal
market  as 
for
the 
information  society  services  is  concerned;

information 

framework 

far  as 

legal 

(13)(cid:217)Whereas, 

therefore, 

regulations  on 

amendment  of  Directive
83/189/EEC  with  a  view  to  applying  it  to  draft
society
rules  and 
services 
is  the  approach  best  suited  to  meeting
effectively  the  need  for  transparency  in  the  internal
market  as 
for
the 
information  society  services  is  concerned;

information 

framework 

far  as 

legal 

(14)(cid:217)Whereas,  in  view  of  the  diversity  of  information
society  services  and  their  future  growth,  notifi(cid:220)
cation  should  be  provided  for  only  in  the  case  of
rules  which  are  likely  to  evolve  in  future;  whereas
the  services  which  are 
likely  to  necessitate  and
generate  the  largest  number  of  new  rules  and  regu(cid:220)
lations  are  those  which  are  provided  at  a  distance,
electronically,  and  on  the  individual  request  of  a
service 
provision  must
whereas 
accordingly  be  made  for  the  notification  of  draft
rules  and  regulations  relating  to  such  services;

receiver; 

(14)(cid:217)Whereas,  in  view  of  the  diversity  of  information
society  services  and  their  future  growth,  notifi(cid:220)
cation  should  be  provided  for  only  in  the  case  of
rules  which  are  likely  to  evolve  in  future;  whereas
the  services  which  are 
likely  to  necessitate  and
generate  the  largest  number  of  new  rules  and  regu(cid:220)
lations  are  those  which  are  provided  at  a  distance,
electronically,  and  on  the  individual  request  of  a
service 
provision  must
whereas 
accordingly  be  made  for  the  notification  of  draft
rules  and  regulations  relating  to  such  services;

receiver; 

(15)(cid:217)Whereas  specific  rules  on  the  taking(cid:220)up  and  pursuit
of  service  activities  which  are  capable  of  being
carried  on  the  manner  described  above  should  thus
be  communicated  even  where  they  are  included  in  a
set  of  rules  and  regulations  with  a  more  general
purpose;  whereas,  however,  general  rules  which  do
not  contain  any  specific  provision  concerning  such
services  should  not  be  notified;

(15)(cid:217)Whereas  specific  rules  on  the  taking(cid:220)up  and  pursuit
of  service  activities  which  are  capable  of  being
carried  on  the  manner  described  above  should  thus
be  communicated  even  where  they  are  included  in  a
set  of  rules  and  regulations  with  a  more  general
purpose;  whereas,  however,  general  rules  which  do
not  contain  any  specific  provision  concerning  such
services  should  not  be  notified;

C  65/16

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28.2.98

INITIAL  PROPOSAL

AMENDED  PROPOSAL

(16)(cid:217)Whereas  "rules  on  the  taking(cid:220)up  and  pursuit  of
service  activities’  means  rules  laying  down  any  form
of  requirement,  such  as  those  relating  to  service
providers,  services  and  service  receivers  and  to  an
economic  activity  capable  of  being  provided  elec(cid:220)
individual
tronically, 
is  a  distance  and  on  the 
for
request  of 
receiver;  whereas, 
example,  rules  on 
the  establishment  of  service
providers,  in  particular  those  on  authorisation  or
licensing  arrangements,  are  thus  covered;  whereas
shall  be  considered  as  auch  a  rule  a  provision
information  society  services
specifically  aimed  at 
even  if  part  of  more  general  regulation;

service 

the 

(16)(cid:217)Whereas  "rules  on  the  taking(cid:220)up  and  pursuit  of
service  activities’  means  rules  laying  down  any  form
of  requirement,  such  as  those  relating  to  service
providers,  services  and  service  receivers  and  to  an
economic  activity  capable  of  being  provided  elec(cid:220)
individual
tronically, 
is  a  distance  and  on  the 
for
request  of 
receiver;  whereas, 
example,  rules  on 
the  establishment  of  service
providers,  in  particular  those  on  authorisation  or
licensing  arrangements,  are  thus  covered;  whereas
shall  be  considered  as  auch  a  rule  a  provision
information  society  services
specifically  aimed  at 
even  if  part  of  more  general  regulation;

service 

the 

(17)(cid:217)Whereas  this  Directive  is  without  prejudice  to  the
scope  of  Council  Directive  89/552/EC  on  the
coordination  of  certain  provisions  laid  down  by
law,  regulation  or  administrative  action  in  Member
States  concerning  the  pursuit  of  television  broad(cid:220)
casting  activities  such  as  modified  by  Directive
96/.(cid:216).(cid:216)./EC  of  the  European  Parliament  and  the
Council  or  any 
that
Directive;

future  modification  of 

(17)(cid:217)Whereas  this  Directive  is  without  prejudice  to  the
scope  of  Council  Directive  89/552/EC  on  the
coordination  of  certain  provisions  laid  down  by
law,  regulation  or  administrative  action  in  Member
States  concerning  the  pursuit  of  television  broad(cid:220)
casting  activities  such  as  modified  by  Directive
96/36/EC  of  the  European  Parliament  and  the
Council  or  any 
that
Directive;

future  modification  of 

(17a)(cid:217)Whereas 

the  Commission  has  undertaken 

to
submit  a  Green  Paper  on  the  development  of  the
cultural  aspects  of  the  new  services;  whereas  this
initiative  could,  if  applicable,  be  followed  by  a
proposal  for  appropriate  measures;

(17b) Whereas,  therefore,  this  Directive  is  also  without
prejudice  to  the  scope  of  cultural  aspects  of  any
future  Community  policy;

(17c) Whereas  developments 

in  the  market  for  new
information  society  services  should  be  regularly
examined  at  Community  level,  especially  from  the
viewpoint  of  the  convergence  between  telecom(cid:220)
munications, 
the
media,  with  a  view,  where  appropriate,  to  legis(cid:220)
lative, 
initiatives  being  taken  to  encourage  the
development  of  the  new  services  at  European
level;

technology  and 

information 

(18)(cid:217)Whereas  this  Directive  is  without  prejudice  to  the
negotiations  concerning  and  the  content  of  the
proposal  for  a  European  Parliament  and  Council
directive  on  a  common  framework  for  general
authorisations  and  individual  licences  for  telecom(cid:220)
munications  services;

(18)(cid:217)Whereas  this  Directive  is  without  prejudice  to  the
content  of  European  Parliament  and  Council
directive  97/13/EC  on  a  common  framework  for
general  authorisations  and  individual  licences  for
telecommunications  services;

28.2.98

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C  65/17

INITIAL  PROPOSAL

AMENDED  PROPOSAL

(19)(cid:217)Whereas,  at  all  events,  this  Directive  does  not  cover
the  drafts  of  national  provisions  aimed  at
implementing  the  content  of  Community  directives
in  force  or  awaiting  adoption  inasmuch  as  they
already  form  the  subject  matter  of  a  specific  exam(cid:220)
ination;  whereas 
it  accordingly  does  not  cover
either  national  rules  and  regulations  implementing
Council  Directive  89/522/EC  on  the  coordination
of  certain  provisions  laid  down  by  law,  regulation
or 
in  Member  States
action 
concerning  the  pursuit  of  television  broadcasting
activities,  as  amended  by  European  Parliament  and
Council  Directive  96/.(cid:216).(cid:216)./EC  or  any 
future
amendments  of  that  Directive  or  national  rules  and
regulations  implementing  the  future  Directive  on  a
common  framework  for  general  authorisations  and
individual  licences  for  telecommunications  services;

administrative 

(19)(cid:217)Whereas,  at  all  events,  this  Directive  does  not  cover
the  drafts  of  national  provisions  aimed  at
implementing  the  content  of  Community  directives
in  force  or  awaiting  adoption  inasmuch  as  they
already  form  the  subject  matter  of  a  specific  exam(cid:220)
ination;  whereas 
it  accordingly  does  not  cover
either  national  rules  and  regulations  implementing
Council  Directive  89/522/EC  on  the  coordination
of  certain  provisions  laid  down  by  law,  regulation
or 
in  Member  States
action 
concerning  the  pursuit  of  television  broadcasting
activities,  as  amended  by  European  Parliament  and
Council  Directive  97/36/EC  or 
future
amendments  of  that  Directive  or  national  rules  and
regulations  implementing  Directive  97/13/EC  on  a
common  framework  for  general  authorisations  and
individual  licences  for  telecommunications  services;

administrative 

any 

(20)(cid:217)Whereas  definition  of 

for 

the 

framework 

the
provision  of  information  and  the  holding  of  consul(cid:220)
tations  at  Community  level  as  established  by  this
Directive  is  a  precondition  for  a  coordinated  and
effective  participation  by  the  European  Community
in  work  involving  matters  relating  to  the  regulatory
aspects  of  information  society  services  in  the  inter(cid:220)
national  context;

(20)(cid:217)Whereas  definition  of 

for 

the 

framework 

the
provision  of  information  and  the  holding  of  consul(cid:220)
tations  at  Community  level  as  established  by  this
Directive  is  a  precondition  for  a  coordinated  and
effective  participation  by  the  European  Community
in  work  involving  matters  relating  to  the  regulatory
aspects  of  information  society  services  in  the  inter(cid:220)
national  context;

(21)(cid:217)Whereas  this  Directive  seeks  to  amend  Directive
83/189/EEC,  which  for  its  part  (with  the  exception
of  Article  43)  is  based  on  Articles  100a  and  213  of
the  Treaty;  whereas  there  should  be  a  degree  of
consistency  in  the  legal  basis  used  for  the  same
Directive;

(21)(cid:217)Whereas  this  Directive  seeks  to  amend  Directive
83/189/EEC  and  should  therefore  be  based  on
Articles  100a  and  213  of  the  Treaty;

HAVE  DECIDED  AS  FOLLOWS:

HAVE  DECIDED  AS  FOLLOWS:

Article  1

Article  1

Directive  83/189/EEC  is  amended  as  follows:

Directive  83/189/EEC  is  amended  as  follows:

1.(cid:217)The  title  of  the  Directive  is  replaced  by  the  following:

1.(cid:217)The  title  of  the  Directive  is  replaced  by  the  following:

"European  Parliament  and  Council  Directive  laying
down  a  procedure  for  the  provision  of  information  in
the  field  of  technical  standards  and  regulations  and  of
rules  on  information  society  services.’

"European  Parliament  and  Council  Directive  laying
down  a  procedure  for  the  provision  of  information  in
the  field  of  technical  standards  and  regulations  and  of
rules  on  information  society  services.’.

2.(cid:217)Article  1  is  amended  as  follows:

2.(cid:217)Article  1  is  amended  as  follows:

(a)(cid:217)a  new  point  is  added  after  point  1:

(a)(cid:217)a  new  point  is  added  after  point  1:

"2.(cid:217)""service’’:  any  service  provided  at  a  distance,
individual

by  electronic  means  and  on  the 
request  of  a  service  receiver;’.

"2.(cid:217)""service’’:  any  service  provided  at  a  distance,
individual

by  electronic  means  and  on  the 
request  of  a  service  receiver;’.

C  65/18

EN

Official  Journal  of  the  European  Communities

28.2.98

INITIAL  PROPOSAL

AMENDED  PROPOSAL

(b) points  2  and  3  become  points  3  and  4  respectively;

(b) points  2  and  3  become  points  3  and  4  respectively;

(c) a  new  point  5  is  added:

(c) a  new  point  5  is  added:

"5.(cid:217)""rule  on  services’’:  a  requirement  relating  to
the  taking(cid:220)up  and  pursuit  of  service  activities
within  the  meaning  of  point  2  of  this  Article,
and 
in  particular  provisions  concerning  the
service  provider,  the  services  and  the  service
receiver,  to  the  exclusion  of  any  rules  that  are
not  specifically  aimed  at  the  services  defined
within  this  same  point;’

"5.(cid:217)""rule  on  services’’:  a  requirement  relating  to
the  taking(cid:220)up  and  pursuit  of  service  activities
within  the  meaning  of  point  2  of  this  Article,
and 
in  particular  provisions  concerning  the
service  provider,  the  services  and  the  service
receiver,  to  the  exclusion  of  any  rules  that  are
not  specifically  aimed  at  the  services  defined
within  this  same  point;’.

(d) points  4  to  10  become  points  6  to  12;

(d) points  4  to  10  become  points  6  to  12;

(e) the  first  paragraph  of  point  9  (new  point  11)  is

(e) the  first  paragraph  of  point  9  (new  point  11)  is

replaced  by  the  following:

replaced  by  the  following:

"(cid:216)""technical  regulation’’: 
technical  specifications
and  other  requirements  or  a  rule  on  services,
including  the  relevant  administrative  provisions,
the  observance  of  which  is  compulsory,  de  jure  or
de  facto, 
in  the  case  of  marketing,  provision,
establishment  of  a  service  operator  or  use  in  a
Member  State  or  a  major  part  thereof,  as  well  as
laws,  regulations  or  administrative  provisions  of
Member  States,  except  those  provided  for 
in
Article 
the  manufacture,
importation,  marketing  or  use  of  a  product  or
prohibiting  the  provision  or  use  of  a  service  or
establishment  as  a  service  provider.

prohibiting 

10, 

"(cid:216)""technical  regulation’’: 
technical  specifications
and  other  requirements  or  a  rule  on  services,
including  the  relevant  administrative  provisions,
the  observance  of  which  is  compulsory,  de  jure  or
de  facto, 
in  the  case  of  marketing,  provision,
establishment  of  a  service  operator  or  use  in  a
Member  State  or  a  major  part  thereof,  as  well  as
laws,  regulations  or  administrative  provisions  of
Member  States,  except  those  provided  for 
in
Article 
the  manufacture,
importation,  marketing  or  use  of  a  product  or
prohibiting  the  provision  or  use  of  a  service  or
establishment  as  a  service  provider.

prohibiting 

10, 

De  facto  technical  regulations  include:

De  facto  technical  regulations  include:

-(cid:217)laws,  regulations  or  administrative  provisions
of  a  Member  State  which  refer  either  to
technical  specifications  or  other  requirements
or  rules  on  services,  or  to  professional  codes
or  codes  of  practice  which  in  turn  refer  to
technical  specifications  or  other  requirements
or  rules  on  services  and  compliance  with
which  confers  a  presumption  of  conformity
with  the  obligations  imposed  by  the  aforemen(cid:220)
tioned 
regulations  or  administrative
provisions,

laws, 

-(cid:217)laws,  regulations  or  administrative  provisions
of  a  Member  State  which  refer  either  to
technical  specifications  or  other  requirements
or  rules  on  services,  or  to  professional  codes
or  codes  of  practice  which  in  turn  refer  to
technical  specifications  or  other  requirements
or  rules  on  services  and  compliance  with
which  confers  a  presumption  of  conformity
with  the  obligations  imposed  by  the  aforemen(cid:220)
tioned 
regulations  or  administrative
provisions,

laws, 

28.2.98

EN

Official  Journal  of  the  European  Communities

C  65/19

INITIAL  PROPOSAL

AMENDED  PROPOSAL

-(cid:217)voluntary  agreements 

in 

to  which  a  public
authority  is  a  contracting  party  and  which
provides, 
for
technical  specifications  or
compliance  with 
other 
services,
rules  on 
excluding  public  procurement  tender  specifi(cid:220)
cations,

requirements  or 

interest, 

general 

the 

-(cid:217)voluntary  agreements 

in 

to  which  a  public
authority  is  a  contracting  party  and  which
provides, 
for
technical  specifications  or
compliance  with 
other 
services,
rules  on 
excluding  public  procurement  tender  specifi(cid:220)
cations,

requirements  or 

interest, 

general 

the 

fiscal  or 

to 
the 
services 

linked 
affecting 
or 

-(cid:217)technical  specifications  or  other  requirements
financial
which  are 
of
measures 
products 
encouraging
compliance  with  such  technical  specifications
or  other  requirements  or  rules  on  services;
technical  specifications  or  other  requirements
or  rules  on  services  linked  to  national  social(cid:220)
security  systems  are  not  included;’

consumption 
by 

fiscal  or 

to 
the 
services 

linked 
affecting 
or 

-(cid:217)technical  specifications  or  other  requirements
financial
which  are 
of
measures 
products 
encouraging
compliance  with  such  technical  specifications
or  other  requirements  or  rules  on  services;
technical  specifications  or  other  requirements
or  rules  on  services  linked  to  national  social(cid:220)
security  systems  are  not  included;’

consumption 
by 

(f) point  10  (new  point  12) 

is  replaced  by  the

(f) point  10  (new  point  12) 

is  replaced  by  the

following:

following:

"12.(cid:217)""draft  technical  regulation’’:  the  text  of  a
technical  specification  or  other  requirement
or  of  a  rule  on  services,  including  adminis(cid:220)
trative  provisions  formulated  with  the  aim  of
enacting  it  or  of  ultimately  having  it  enacted
as  a  technical  regulation,  the  text  being  at  a
stage  of  preparation  at  which  substantial
amendments  can  still  be  made.’

"12.(cid:217)""draft  technical  regulation’’:  the  text  of  a
technical  specification  or  other  requirement
or  of  a  rule  on  services,  including  adminis(cid:220)
trative  provisions  formulated  with  the  aim  of
enacting  it  or  of  ultimately  having  it  enacted
as  a  technical  regulation,  the  text  being  at  a
stage  of  preparation  at  which  substantial
amendments  can  still  be  made.’

2a(cid:217)The  following  new  subparagraph  is  added  to  Article

6(7):

"In  particular,  with  regard 
to  rules  concerning
services,  the  Committee  and  national  administrations
may  consult  experts  from  industry  and  academia,
who  will  be  asked,  where  appropriate,  to  formulate
advice  or  guidelines  for  the  Standing  Committee.’

3.(cid:217)The  last  subparagraph  of  Article  8(1)  is  replaced  by

3.(cid:217)The  last  subparagraph  of  Article  8(1)  is  replaced  by

the  following:

the  following:

"With  respect  to  the  technical  specifications  or  other
requirements  or  rules  on  services  referred  to  in  the
third  indent  of  the  second  paragraph  of  point  11  of
Article  1,  the  detailed  comments  or  opinions  of  the
Commission  or  the  Member  States  may  concern  only
the  aspect  which  may  hinder  trade  or  the  free
movement  of  services  and  not  the  fiscal  or  financial
aspect  of  the  measure.’

"With  respect  to  the  technical  specifications  or  other
requirements  or  rules  on  services  referred  to  in  the
third  indent  of  the  second  paragraph  of  point  11  of
Article  1,  the  detailed  comments  or  opinions  of  the
Commission  or  the  Member  States  may  concern  only
the  aspect  which  may  hinder  trade,  the  free  movement
of  services  or  the  freedom  of  establishment  of  a
service  operator  and  not  the  fiscal  or  financial  aspect
of  the  measure.’

C  65/20

EN

Official  Journal  of  the  European  Communities

28.2.98

INITIAL  PROPOSAL

AMENDED  PROPOSAL

4.(cid:217)Article  9  is  modified  as  follows:

4.(cid:217)Article  9  is  modified  as  follows:

(a)(cid:217)the  first  paragraph  of  point  2  is  replaced  by  the

(a)(cid:217)the  first  paragraph  of  point  2  is  replaced  by  the

following:

following:

"Member  States  shall  postpone:

"Member  States  shall  postpone:

-(cid:217)for  four  months  the  adoption  of  a  draft
technical  regulation  in  the  form  of  a  voluntary
agreement  within  the  meaning  of  the  second
indent  of  the  second  paragraph  of  point  11  of
Article  1,

-(cid:217)for  four  months  the  adoption  of  a  draft
technical  regulation  in  the  form  of  a  voluntary
agreement  within  the  meaning  of  the  second
indent  of  the  second  paragraph  of  point  11  of
Article  1,

-(cid:217)without  prejudice  to  paragraphs  3,  4  and  5,
for  six  months  the  adoption  of  any  other  draft
technical  regulation,

-(cid:217)without  prejudice  to  paragraphs  3,  4  and  5,
for  six  months  the  adoption  of  any  other  draft
technical  regulation,

from  the  date  of  receipt  by  the  Commission  of  the
communication  referred  to  in  Article  8(1)  if  the
Commission  or  another  Member  State  delivers  a
detailed  opinion,  within  three  months  of  that
date,  to  the  effect  that  the  measure  envisaged  may
create  obstacle  to  the  free  movement  of  goods  or
services  or  to  the  freedom  of  establishment  of
operators  within  the  internal  market.’

from  the  date  of  receipt  by  the  Commission  of  the
communication  referred  to  in  Article  8(1)  if  the
Commission  or  another  Member  State  delivers  a
detailed  opinion,  within  three  months  of  that
date,  to  the  effect  that  the  measure  envisaged  may
create  obstacles  to  the  free  movement  of  goods  or
services  or  to  the  freedom  of  establishment  of
operators  within  the  internal  market.’

(b) point  7  is  replaced  with  the  following  text:

(b) point  7  is  replaced  with  the  following  text:

safety, 

is  obliged 

"Paragraphs  1  to  5  shall  not  apply  in  those  cases
where,  for  urgent  reasons,  occasioned  by  serious
and  unforeseeable  circumstances,  relating  to  the
the
protection  of  public  health  or 
protection  of  animals  or 
the  preservation  of
plants,  and  for  rules  relating  to  services  also  for
public  order,  a  Member  State 
to
prepare  technical  regulations  in  a  very  short  space
of  time  in  order  to  enact  and  introduce  them
immediately  without  any  consultations  being
possible.  The  Member  State  shall  give,  in  the
the
communication  referred 
reasons  which  warrant 
the
measures  taken.  The  Commission  shall  give  its
views  on  the  communication  as  soon  as  possible.
It  shall  take  appropriate  action  in  cases  where
improper  use 
is  made  of  this  procedure.  The
European  Parliament  shall  be  kept  informed  by
the  Commission.’

to 
in  Article  8, 
the  urgency  of 

safety, 

is  obliged 

"Paragraphs  1  to  5  shall  not  apply  in  those  cases
where,  for  urgent  reasons,  occasioned  by  serious
and  unforeseeable  circumstances,  relating  to  the
the
protection  of  public  health  or 
protection  of  animals  or 
the  preservation  of
plants,  and  for  rules  relating  to  services  also  for
public  order,  a  Member  State 
to
prepare  technical  regulations  in  a  very  short  space
of  time  in  order  to  enact  and  introduce  them
immediately  without  any  consultations  being
possible.  The  Member  State  shall  give,  in  the
the
communication  referred 
reasons  which  warrant 
the
measures  taken.  The  Commission  shall  give  its
views  on  the  communication  as  soon  as  possible.
It  shall  take  appropriate  action  in  cases  where
improper  use 
is  made  of  this  procedure.  The
European  Parliament  shall  be  kept  informed  by
the  Commission.’

to 
in  Article  8, 
the  urgency  of 

5.(cid:217)Article  10  is  amended  as  follows:

5.(cid:217)Article  10  is  amended  as  follows:

(a)(cid:217)the  first  and  second  indents  of  paragraph  1  are

(a)(cid:217)the  first  and  second  indents  of  paragraph  1  are

replaced  by  the  following:

replaced  by  the  following:

"-(cid:217)comply  with  binding  Community  acts  which
result  in  the  adoption  of  technical  specifi(cid:220)
cations  or  rules  on  services;

"-(cid:217)comply  with  binding  Community  acts  which
result  in  the  adoption  of  technical  specifi(cid:220)
cations  or  rules  on  services;

28.2.98

EN

Official  Journal  of  the  European  Communities

C  65/21

INITIAL  PROPOSAL

AMENDED  PROPOSAL

-(cid:217)fulfil  the  obligations  arising  out  of 

inter(cid:220)
the
national  agreements  which 
adoption  of  common  technical  specifications
or  rules  on  services  in  the  Community;’

result 

in 

-(cid:217)fulfil  the  obligations  arising  out  of 

inter(cid:220)
the
national  agreements  which 
adoption  of  common  technical  specifications
or  rules  on  services  in  the  Community;’

result 

in 

(b) the  sixth  indent  of  paragraph  1  is  replaced  by  the

(b) the  sixth  indent  of  paragraph  1  is  replaced  by  the

following:

following:

"-(cid:217)restrict  themselves  to  amending  a  technical
regulation  within  the  meaning  of  point  11  of
Article  1  of  this  Directive,  in  accordance  with
a  Commission 
to
removing  an  obstacle  to  trade  or  the  free
movement  of  services;’

request,  with  a  view 

"-(cid:217)restrict  themselves  to  amending  a  technical
regulation  within  the  meaning  of  point  11  of
Article  1  of  this  Directive,  in  accordance  with
to
a  Commission 
removing  an  obstacle 
free
movement  of  services  or  the  freedom  of
establishment  for  service  operators;’

request,  with  a  view 

trade, 

the 

to 

(c) in  paragraphs  3  and  4  the  reference  to  Article  1(9)

(c) in  paragraphs  3  and  4  the  reference  to  Article  1(9)

is  replaced  by:  "point  11  of  Article  1’;

is  replaced  by:  "point  11  of  Article  1’;

(d) paragraph  4  is  amended  as  follows:

(d) paragraph  4  is  amended  as  follows:

"4.(cid:217)Article  9  shall  not  apply  to  the  technical  spec(cid:220)
ifications  or  other  requirements  or  the  rules  on
services  referred  to  in  the  third  indent  of  the
second  paragraph  of  point  11  of  Article  1.’

"4.(cid:217)Article  9  shall  not  apply  to  the  technical  spec(cid:220)
ifications  or  other  requirements  or  the  rules  on
services  referred  to  in  the  third  indent  of  the
second  paragraph  of  point  11  of  Article  1.’

6.(cid:217)The 

following  second  subparagraph 

is  added 

to

Article  11:

"The  Commission,  in  its  report,  should  take  duly  into
account 
societal  and  cultural  aims
envisaged  for  any  draft  rule  on  services.’

social, 

the 

Article  2

Article  2

1.(cid:218)(cid:217)Member  States  shall  bring  into  force  the  regulations
and  administrative  provisions  necessary  to  comply  with
latest.  They  shall
this  Directive  by  31/12/97  at  the 
forthwith  inform  the  Commission  thereof.

1.(cid:218)(cid:217)Member  States  shall  bring  into  force  the  regulations
and  administrative  provisions  necessary  to  comply  with
this  Directive  by  30  June  1998  at  the  latest.  They  shall
forthwith  inform  the  Commission  thereof.

When  Member  States  adopt  these  provisions,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  reference  at  the  time  of  their  official
publication.

When  Member  States  adopt  these  provisions,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  reference  at  the  time  of  their  official
publication.

The  procedure  for  such  reference  shall  be  adopted  by
Member  States.

The  procedure  for  such  reference  shall  be  adopted  by
Member  States.

2.(cid:218)(cid:217)Member  States 
the  main
provisions  of  national  law  which  they  adopt  in  the  field
covered  by  this  Directive  to  the  Commission.

communicate 

shall 

2.(cid:218)(cid:217)Member  States 
the  main
provisions  of  national  law  which  they  adopt  in  the  field
covered  by  this  Directive  to  the  Commission.

communicate 

shall 

C  65/22

EN

Official  Journal  of  the  European  Communities

28.2.98

INITIAL  PROPOSAL

AMENDED  PROPOSAL

Article  2a

Before  1  July  2000,  the  Commission  shall  review  whether
it  should  submit  to  the  European  Parliament  and  the
Council  proposals  for  a  revision  of  this  Directive,  in
particular  in  the  light  of  the  technological  development
of  the  services  referred  to  in  Article  1(2).  To  this  end,
the  Commission  shall  take  account  of  any  comments
communicated  to  it  by  Member  States.

Article  3

Article  3

This  Directive  is  addressed  to  the  Member  States.

This  Directive  is  addressed  to  the  Member  States.