Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity
Date: 1998-02-12
Institutions: Council of the European Union, European Parliament
Subjects: Community certification, harmonisation of standards, satellite communications, technical standard, telecommunications, telecommunications equipment

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I

(Acts  whose  publication  is  obligatory)

DIRECTIVE  98/13/EC  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE  COUNCIL

of  12  February  1998

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

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

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

Having  regard  to  the  proposal  from  the  Commission,

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

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

equipment, 

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

including 

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

(1) OJ  C  204,  15.7.1996,  p.  3.
(2) Opinion  of  the  European  Parliament  of  22  May  1996  (OJ
C  166,  10.6.1996,  p.  60),  Council  Common  Position  of
16  October  1997  (OJ  C  375,  10.12.1997,  p.  48)  and
Decision  of  the  European  Parliament  of  19  November  1997.
Council  Decision  of  18  December  1997.

(3) OJ  L  128,  23.5.1991,  p.  1.  Directive  as  amended  by

Directive  93/68/EEC  (OJ  L  220,  30.8.1993,  p.  1).

(4) OJ  L  290,  24.11.1993,  p.  1.

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

for 

the 

field  of 

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

(5) Whereas  the  Council,  in  its  resolution  of  30  June
1988 (5) on the development of the common market
for  telecommunications  services  and  equipment,
has 
the
in 
full  mutual
telecommunications 
recognition  of 
terminal
for 
equipment on the basis of the rapid development of
common  European  conformity  specifications;

policy 
the 
type  approval 

confirmed  as  a  major  goal 

(6) Whereas 

in 

its 

the  Council, 

resolution  of
19  December  1991  on  the  development  of  the
common  market 
for  satellite  communications
services and equipment (6), has recognised as one of
the  major  goals  in  satellite  telecommunications
liberalisation  of
policy  the  harmonisation  and 
appropriate 
station  equipment,
subject,  in  particular,  to  conditions  necessary  for
compliance  with  essential  requirements;

satellite  earth 

(5) OJ  C  257,  4.10.1988,  p.  1.
(6) OJ  C  8,  14.1.1992,  p.  1.

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(7) Whereas  the  Council,  in  its  Decision  87/95/EEC (1),
has set out the measures to be implemented for the
promotion  of  standardisation  in  Europe  and  the
implementation  of  standards
preparation  and 
in 
technology  and
information 
field  of 
telecommunications;

the 

(8) Whereas  the  Council,  in  its  resolution  of  7  May
1985 (2)  has  provided  for  a  new  approach  to
technical  harmonisation  and  standards;

terminal 

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

for  major 

stations 

earth 

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

and 

efficient 

effective 

for  certification, 

telecommunications 

(11) Whereas harmonising conditions for the placing on
the  market  of 
terminal
equipment  will  create  the  conditions  for  an  open
and unified market; whereas the same applies to the
goal  of  an  advanced,  open  trans-European  market
for  satellite  earth  stations  equipment,  which
requires 
harmonised
testing,  marking,
procedures 
quality assurance and product surveillance; whereas
the  alternative  to  Community  legislation  is  an
analogous  system  of  provisions  negotiated  between
involve  obvious
Member  States,  which  would 
difficulties  because  of  the  number  of  organisms
which  would  be  involved  in  multiple  bilateral
negotiations; whereas this is hardly practicable, and
would  be  neither  rapid  nor  efficient;  whereas
therefore  the  objectives  of  the  proposed  action
cannot  be  sufficiently  achieved  by  the  Member
States;  whereas  on  the  contrary  the  form  of  a
Community  Directive  has  repeatedly  shown  itself,
in  the  sector  of  telecommunications  among  others,
to  be  a  practicable,  rapid  and  efficient  means;
whereas 
the  action  under
consideration  can  therefore  be  better  achieved  at
Community  level;

the  objectives  of 

(1) OJ  L  36,  7.2.1987,  p.  31.
(2) OJ  C  136,  4.6.1985,  p.  1.

(12) Whereas  Community 

in 

of 

one 

its  present  form
law 
provides  — 
the
notwithstanding 
fundamental  rules  of  the  Community,  namely  the
free  movement  of  goods  —  that  obstacles  to
movement  within  the  Community,  resulting  from
disparities  in  national  legislation  on  the  marketing
of  products,  must  be  accepted  in  so  far  as  such
requirements  can  be  recognised  as  being  necessary
to 
requirements;  whereas,
therefore,  the  harmonisation  of  laws  in  this  case
those  requirements
must  be 
necessary  to  satisfy  the  essential  requirements
relating  to  telecommunications  terminal  equipment
and satellite earth station equipment; whereas these
requirements  must  replace  the  relevant  national
requirements  because  they  are  essential;

limited  only 

imperative 

satisfy 

to 

(13) Whereas 

the  essential 

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

(14) Whereas  Council  Directive 

73/23/EEC 

the  Member  States  relating 

of
19 February 1973 on the harmonisation of the laws
to  electrical
of 
equipment  designed  for  use  within  certain  voltage
limits (3)  and  Council  Directive  83/189/EEC  of  28
March  1983  laying  down  a  procedure  for  the
provision  of  information  in  the  field  of  technical
standards  and  regulations (4),  are  applicable  inter
alia  to  the  fields  of  telecommunications  and
information  technology;

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

safety  of  persons;

to 

and 

States 

defines 

relating 

(16) Whereas  Council  Directive  89/336/EEC  of  3  May
1989  on  the  approximation  of  the  laws  of  the
Member 
electromagnetic
compatibility (5) sets out harmonised procedures for
the  protection  of  apparatus  from  electromagnetic
protection
disturbances 
requirements  and  inspection  procedures  relating
thereto;  whereas 
the  general  requirements  of
Directive  89/336/EEC  apply  inter  alia  to  the  fields
of  telecommunications  and  information  technology
and  also  to  satellite  earth  station  equipment;
whereas electromagnetic compatibility requirements
are  covered  by  this  Directive  in  so  far  as  they  are
specific  to  telecommunications  terminal  equipment
and  satellite  earth  station  equipment;

the 

(3) OJ  L  77,  26.3.1973,  p.  29.  Directive  as  amended  by

Directive  93/68/EEC  (OJ  L  220,  30.8.1993,  p.  1).

(4) OJ  L  109,  26.4.1983,  p.  8.  Directive  as  last  amended  by

Directive  94/10/EC  (OJ  L  100,  19.4.1994,  p.  30).

(5) OJ  L  139,  23.5.1989,  p.  19.  Directive  as  last  amended  by

Directive  93/68/EEC  (OJ  L  220,  30.8.1993,  p.  1).

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to 

to  conformity 

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

Standardisation 

(ETSI),  are 

Institute 

(CEN), 

the 

to 

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

with 

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

particular 
Regulations 

through 

(20) Whereas 

satellite  earth 

station  equipment 

is
configured, as far as its interface to the space-based
system  is  concerned,  either  for  the  emission  of
radio-communications  signals  or  for  both  the
emission  and  reception  of  radio-communications
signals,  or  for  the  reception  only  of  radio-
communications signals;

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

systems,  and  are  limited  resources  determined  by
nature;

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

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

the 

(25) Whereas harmonising conditions for the placing on
the  market  of  satellite  earth  station  equipment  will
create  conditions  permitting  an  effective  use  of
orbital  resources  and  the  radio  frequency  spectrum
and will facilitate avoidance of harmful interference
between  space-based  and  terrestrial  communication
systems  and  other  technical  systems;

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

space-based  and 
systems  and  other 

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

(28) Whereas  satellite  earth  station  equipment,  capable
only  of  being  used  for  the  reception  of  radio-
communications  signals,  may  not  be  subject  to
licensing but only to the provisions of this Directive
unless  they  are  intended  for  terrestrial  connection
to  the  public  telecommunications  network,  as
proposed 
satellite
communications  in  the  Community;  whereas  the
use  of  such  satellite  earth  station  equipment  must
be 
regulations
compatible  with  Community  law;

in  conformity  with  national 

the  Green  Paper  on 

in 

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

(29) Whereas it is essential to ensure that notified bodies
are  of  a  high  standard  throughout  the  Community

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and  meet  minimum  criteria  of  competence,
impartiality  and  financial  and  other  independence
from  clients;

such  a  decision  and  the  remedies  available  to
them;

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

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

(32) Whereas  ACTE  should  work  in  close  cooperation
with  relevant  committees  dealing  with 
licence
procedures  for  satellite  networks  and  services;

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

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

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

achieved 

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

(34) Whereas the addressees of any decision taken under
this  Directive  must  be  informed  of  the  reasons  for

HAVE  ADOPTED  THIS  DIRECTIVE:

TABLE  OF  CONTENTS

Article  1  — Scope  and  definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title  I:

Telecommunications  terminal  equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title  II:

Satellite  earth  station  equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title  III:

Common  provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  I:

EC  type-examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  II:

Conformity  of  type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  III:

Production  quality  assurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  IV:

Full  quality  assurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  V: Minimum  criteria  to  be  taken  into  account  by  Member  States  when  designating
notified  bodies  in  accordance  with  Article  11(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  VI: Marking  for  the  terminal  equipment  referred  to  in  Article  12(1)

. . . . . . . . . . . . . . . . .

Annex  VII: Marking  for  the  equipment  referred  to  in  Article  12(4) . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  VIII: Model  of  declaration  referred  to  in  Article  3(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  IX:

Community  internal  production  control  procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annex  X:

Part  A  —  list  of  repealed  Directives  and  provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part  B  —  list  of  deadlines  for  transposition  into  national  laws . . . . . . . . . . . . . . . . . . .

Annex  XI:

Correlation  table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

5

5

8

11

13

15

16

18

20

21

21

22

23

24

24

25

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Article  1

TITLE  I

Scope  and  definitions

TELECOMMUNICATIONS  TERMINAL  EQUIPMENT

This  Directive  shall  apply  to  terminal  equipment

1.
and  to  satellite  earth  station  equipment.

C h a p t e r   I

2.

For  the  purpose  of  this  Directive:

telecommunications 

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

— ‘terminal  equipment’  shall  mean  equipment  intended
to  be  connected  to  the  public  telecommunication
network,  namely:

(a)

to  be  connected  directly  to  the  termination  of  a
public  telecommunications  network;  or

(b)

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

in  order  to  transmit,  process  or  receive  information.

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

in  a  document  which 

— ‘technical  specification’  shall  mean  a  specification
lays  down  the
contained 
characteristics  required  of  a  product  such  as  levels  of
quality,  performance,  safety  or  dimensions,  including
the  requirements  applicable  to  the  product  as  regards
terminology,  symbols,  testing  and  test  methods,
packaging, marking and labelling,

— ‘standard’ shall mean a technical specification adopted
by  a  recognised  standards  body  for  repeated  or
continuous  application,  compliance  with  which  is  not
compulsory,

— ‘satellite 

earth 

station 

equipment’ 

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

reception 

for 

— ‘terrestrial 

connection 

public
telecommunications  network’ 
any
connection  to  the  public  telecommunications  network
which  does  not  include  a  space  segment.

the 
shall  mean 

to 

Placing  on  the  market  and  free  circulation

Article  2

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

radio 

the 

Article  3

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

in  Article  11(1),  the 

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

the  basis  of 

its  relevant 

Article  4

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

to 

2. Member  States  shall  also  take  all  appropriate
in
measures  to  ensure  that  equipment  referred  to 
Article  3  may  be  placed  and  allowed  to  remain  on  the
market  only  if  it  complies  with  the  requirements  laid
down  by  this  Directive  for  this  equipment  and  may  not

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be  connected  to  the  public  telecommunications  network
within  the  meaning  of  Article  1(2),  first  indent.

purpose  of  establishing,  modifying,  charging  for,
holding  and  clearing  real  or  virtual  connection;

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

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

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

Article  5

Terminal  equipment  shall  satisfy  the  following  essential
requirements:

(a) user  safety,  in  so  far  as  this  requirement  is  not
covered by Directive 73/23/EEC. For the purposes of
this  Directive,  the  essential  requirements  shall  imply
the safety of persons in the same way as in Directive
73/23/EEC;

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

(g)

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

The  cases  where  terminal  equipment  supports:

(i)

reserved  service  according  to  Community  law;
or

(ii) a service for which the Council has decided that
there  should  be  Community-wide  availability,

interworking  are  determined 

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

the  bodies 

referred 

to 

Article  6

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

Article  7

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

(c) electromagnetic  compatibility  requirements  in  so  far

as  they  are  specific  to  terminal  equipment;

The  Commission  shall,  in  accordance  with  the

2.
procedure  laid  down  in  Article  29,  adopt:

(d) protection of the public telecommunications network

from  harm;

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

appropriate;

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

(f)

interworking  of  terminal  equipment  with  public
the
telecommunications  network  equipment 

for 

— as a second step, once they have been prepared by the
relevant  standardisation  bodies,  the  corresponding
harmonised  standards,  or  parts  thereof,  implementing

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the essential requirements referred to in Article 5(c) to
(g),  which  shall  be 
into  common
technical  regulations,  compliance  with  which  shall  be
mandatory  and  the  reference  of  which  shall  be
published  in  the  Official  Journal  of  the  European
Communities.

transformed 

Article  8

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

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

it 

Article  9

that 

finds 

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

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

(a)

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

(b) shortcomings 

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

in 

2.
The  Commission  shall  enter  into  consultation  with
the  parties  concerned  as  soon  as  possible.  Where,  after
such  consultation,  the  Commission  finds  that  any
measure  as  referred  to  in  paragraph  1  is  justified  it  shall
immediately  so  inform  the  Member  State  that  took  the
action  and  the  other  Member  States.  Where  the  decision
referred  to  in  paragraph  1  is  attributed  to  shortcomings
in  the  harmonised  standards  or  common  technical
regulations,  the  Commission,  after  consulting  the  parties
concerned,  shall  bring  the  matter  before  the  committee
referred  to  in  Article  28  within  two  months  if  the
Member  State  which  has  taken  the  measure  intends  to

maintain  them,  and  shall  initiate  the  procedure  referred
to  in  Article  8.

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

the  competent  Member  State  shall 

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

C h a p t e r   I I

Conformity  assessment

Article  10

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

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

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

Article  11

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

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

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

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The  Commission  shall  publish 

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

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

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

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

It  shall  immediately  inform  the  other  Member  States
and  the  Commission  accordingly  and  withdraw  the
notification.  Where  a  Member  State  or  the  Commission
considers  that  a  notified  body  or  a  test  laboratory
designated by a Member State does not meet the relevant
criteria  the  matter  shall  be  brought  before  the  committee
referred  to  in  Article  28,  which  shall  give  its  opinion
within  three  months;  in  the  light  of  the  committee’s
opinion  the  Commission  shall  inform  the  Member  State
concerned of any changes needed if that notified body or
test  laboratory  is  to  retain  its  recognised  status.

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

Article  13

Without  prejudice  to  Article  9:

facilitate 

to 
terminal  equipment  with 

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

affixed 

improperly, 

(a) where  a  Member  State  establishes  that  the  CE
the
marking  has  been 
manufacturer  or  his  authorised 
representative
established within the Community shall be obliged to
make  the  equipment  conform  with  the  provisions
concerning 
the
the  CE  marking  and 
infringement  under  the  conditions  imposed  by  the
Member  State;

to  end 

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

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

C h a p t e r   I I I

CE  marking  of  conformity  and  inscriptions

Article  12

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

TITLE  II

SATELLITE  EARTH  STATION  EQUIPMENT

C h a p t e r   I

Placing  on  the  market  and  free  circulation

Article  14

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

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Article  15

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

law 

it 

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

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

it 

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

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

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

Article  16

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

the  provisions  of 

Article  17

1.
Satellite  earth  station  equipment  shall  satisfy
the  same  essential  requirements  as  those  set  out  in
Article  5.

2.
For  the  purpose  of  this  Directive,  the  essential
requirements  of  Article  5(a)  shall  imply  the  safety  of
persons  in  the  same  way  as  in  Directive  73/23/EEC.

3.
In  the  context  of  transmission  or  transmission-
receive  satellite  earth  station  equipment,  the  essential

requirement  set  out  in  Article  5(e)  concerning  effective
use  of  the  radio  frequency  spectrum  shall  include  the
effective  use  of  orbital  resources  and  the  avoidance  of
harmful  interference  between  space-based  and  terrestrial
communications  systems  and  other  technical  systems.

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

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

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

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

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

Article  18

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

The  Commission  shall,  in  accordance  with  the

2.
procedure  laid  down  in  Article  29,  adopt:

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

for 

— as a second step, once they have been prepared by the
relevant  standardisation  bodies,  the  corresponding
harmonised  standards,  or  parts  thereof,  implementing
the  essential  requirements  referred  to  in  Article  17(3)
to  (6),  which  shall  be  transformed  into  common
technical  regulations,  compliance  with  which  shall  be

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mandatory  and  the  reference  of  which  shall  be
published  in  the  Official  Journal  of  the  European
Communities.

Article  19

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

Article  20

the  marking  under 

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

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

C h a p t e r   I I

Conformity  assessment

Article  21

1.
All  transmission  or  transmission-receive  satellite
earth  station  equipment  shall,  according  to  the  choice
of  the  manufacturer  or  his  authorised  representative
established  with  the  Community,  be  subject  to  all  the
provisions of Article 10(1) and (2) concerning conformity
assessment.

2.
The 
requirements 
Article  10(3).

same 

procedures 
shall  apply  as 

regarding 
those 

language
in

set  out 

Article  22

to 

for 

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

Article  23

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

Article  24

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

Article  25

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

C h a p t e r   I I I

CE  marking  of  conformity  and  inscriptions

Article  26

1.
The  marking  of  satellite  earth  station  equipment
complying  with  this  Directive  shall  consist  of  the  CE
marking  consisting  of  the  initials  ‘CE’,  followed  by  the
identification  number  of  the  notified  body  responsible
and,  where  relevant,  by  a  symbol  indicating  that  the
equipment  is  intended  and  is  suitable  to  be  connected
the  public
through  a 
telecommunications  network.  The 
‘CE’  symbol,  the
identification  number  and  the  symbol  of  suitability  shall
be  the  same  as  those  shown  in  Annex  VI.

connection 

terrestrial 

to 

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

Satellite  earth  station  equipment  shall  be  identified
3.
by  the  manufacturer  by  means  of  type,  batch  number
and/or  serial  number  and  by 
the
manufacturer and/or supplier responsible for placing it on
the  market.

the  name  of 

for 

4. Notwithstanding  paragraph  1,  the  marking  of
receive-only satellite earth station equipment which is not
intended 
the  public
terrestrial  connection 
telecommunications  network  and  which  has  been  subject
to  the  Community  internal  production  control  procedure
set  out  in  Annex  IX  shall  consist  of  the  CE  marking,
consisting  of  the  initials  ‘CE’.

to 

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Article  27

Article  29

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

— does  not  conform  to  an  approved  type,  or

— conforms  to  an  approved  type  which  does  not  meet

the  essential  requirements  applicable  to  it,

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

TITLE  III

COMMON  PROVISIONS

C h a p t e r   I

Committee

Article  28

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

2.
The  representative  of  the  Commission  shall  submit
to the committee a draft of the measure 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.

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.

3.
The  Commission  shall  periodically  consult  the
representatives  of  the  telecommunications  organisations,
the  users,  the  consumers,  the  manufacturers,  the  service
providers  and  trade  unions  and  shall 
inform  the
committee  on  the  outcome  of  such  consultations,  with  a
view  to  taking  due  account  of  the  outcome.

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

(2), 

2.
The  representative  of  the  Commission  shall  submit
to  the  committee  referred  to  in  Article  28 a  draft  of  the
measures  to  be  taken  as  referred  to  in  Article  5(g),
Article  7(2),  Article  17(6)  and  Article  18(2).  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.  The  opinion  shall  be
delivered  by  the  majority  laid  down  in  Article  148(2)  of
the  Treaty  in  the  case  of  decisions  which  the  Council  is
required  to  adopt  on  a  proposal  from  the  Commission.
The  votes  of  the  representatives  of  the  Member  States
within the committee shall be weighted in the manner set
out  in  that  Article.  The  chairman  shall  not  vote.

3. (a) The  Commission  shall  adopt 

the  measures
envisaged  if  they  are  in  accordance  with  the
opinion  of  the  committee.

(b)

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

is  delivered, 

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

C h a p t e r   I I

Final  and  transitional  provisions

Article  30

1.
The Commission shall draw up every second year a
report  on  the  implementation  of  this  Directive,  including
the  relevant  harmonised
progress  on  drawing  up 
standards  and  on  transforming  them 
into  technical
regulations,  as  well  as  any  problems  that  have  arisen  in
the course of implementation. The report will also outline
the  activities  of  the  committee,  and  assess  progress  in
achieving  an  open  competitive  market  for  terminal
level  consistent  with  the
equipment  at  Community 
essential  requirements  referred  to  in  Article  5.

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

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Article  31

Article  34

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

Article  32

1.
Any  type  approval  granted  by  Member  States  in
accordance  with  Directive  86/361/EEC (1)  may  remain
valid  under  the  legislation  of  the  Member  States  within
the  criteria  of  validity  appropriate  to  the  orginal
approval.

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

1.
The  Directives  and  provisions  listed  in  Annex  X,
Part  A,  are  hereby  repealed  without  prejudice  to  the
obligations  of 
the
deadlines  for  transposition  of  the  said  Directives  set  out
in  Annex  X,  Part  B.

the  Member  States  concerning 

2.
References  to  the  repealed  Directives  shall  be
construed  as  references  to  this  Directive  and  should  be
in
read 
Annex  XI.

in  accordance  with 

the  correlation 

table 

Article  35

This  Directive  shall  enter  into  force  on  the  20th  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  36

This  Directive  is  addressed  to  the  Member  States.

Article  33

Done  at  Brussels,  12  February  1998.

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

For  the  European  Parliament

For  the  Council

The  President

J.  M.  GIL-ROBLES

The  President

J.  BATTLE

(1) OJ  L  217,  5.8.1986,  p.  21.  Directive  repealed  by  Directive

91/263/EEC.

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ANNEX  I

EC  TYPE-EXAMINATION

1.

2.

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

The  application  for  the  EC  type-examination  shall  be  lodged  by  the  manufacturer  or  his  authorised
representative  established  within  the  Community  with  a  notified  body  of  his  choice.

The  application  shall  include:

— the  name  and  address  of  the  manufacturer  and,  if  the  application  is  lodged  by  the  authorised

representative,  his  name  and  address  in  addition,

— a  written  declaration  that  the  same  application  has  not  been  lodged  with  any  other  notified

body,

— the  technical  documentation,  as  described  in  point  3.

The  applicant  shall  place  at  the  disposal  of  the  notified  body  a  specimen,  representative  of  the
production envisaged and hereinafter called ‘type’ (1). The notified body may request further specimens
if  needed  for  carrying  out  the  test  programme.

3.

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

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

— a  general  type-description  sufficient  to 

identify  the  product  preferably  by  provision  of

photographs,

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

— descriptions  and  explanations  necessary  for  the  understanding  of  the  said  drawings  and  lists  and

the  operation  of  the  product,

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

— results  of  examinations  carried  out,  etc.,

— test  reports,

— proposed  user  information  or  handbook.

4.

The  notified  body  shall:

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

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

4.3. perform,  or  have  performed,  the  appropriate  examinations  and  necessary  tests  to  check  that  the  type

meets  the  relevant  common  technical  regulations  specified  in  Article  7(2);

(1) A  type  may  cover  several  versions  of  the  product  provided  that  the  differences  between  the  versions  do  not  affect  the

level  of  safety  and  the  other  requirements  concerning  the  performance  of  the  product.

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4.4. agree with the applicant on the location where the examinations and necessary tests are to be carried

out.

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

6.

7.

8.

9.

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

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

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

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

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

Where  neither  the  manufacturer  nor  his  authorised  representative  is  established  within  the
Community, the obligation to keep the technical documentation available shall be the responsibility of
the  person  who  places  the  product  on  the  Community  market.

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ANNEX  II

CONFORMITY  TO  TYPE

1. Conformity  to  type  is  that  part  of  the  procedure  whereby  the  manufacturer  or  his  authorised
representative established within the Community ensures and declares that the products concerned are in
conformity  with  the  type  as  described  in  the  EC  type-examination  certificate  and  satisfy  the
requirements  of  the  Directive  that  applies  to  them.  The  manufacturer  or  his  authorised  representative
established within the Community shall affix the markings provided for in Article 12(1) to each product
and  draw  up  a  written  declaration  of  conformity  to  type.

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

3. The manufacturer or his authorised representative shall keep a copy of the declaration of conformity for

a  period  ending  at  least  10  years  after  the  last  product  has  been  manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community,
the  obligation  to  keep  the  declaration  of  conforming  to  type  available  shall  be  the  responsibility  of  the
person  who  places  the  product  on  the  Community  market.

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

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ANNEX  III

PRODUCTION  QUALITY  ASSURANCE

1.

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

2.

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

3. Quality system

3.1. The manufacturer shall lodge an application for assessment of his quality system with a notified body

of  his  choice,  for  the  products  concerned.

The  application  shall  include:

— all  relevant  information  for  the  product  category  envisaged,

— the  documentation  concerning  the  quality  system,

— if  applicable,  the  technical  documentation  of  the  approved  type  and  a  copy  of  the  EC

type-examination certificate.

3.2. The  quality  system  shall  ensure  compliance  of  the  products  with  the  type  as  described  in  the  EC

type-examination  certificate  and  with  the  requirements  of  the  Directive  that  apply  to  them.

All  the  elements,  requirements  and  provisions  adopted  by  the  manufacturer  shall  be  documented  in  a
systematic  and  orderly  manner  in  the  form  of  written  policies,  procedures  and  instructions.  The
quality  system  documentation  must  permit  a  consistent  interpretation  of  the  quality  programmes,
plans,  manuals  and  records.

It  shall  contain  in  particular  an  adequate  description  of:

— the  quality  objectives  and  the  organisational  structure,  responsibilities  and  powers  of  the

management  with  regard  to  product  quality,

— the  manufacturing,  quality  control  and  quality  assurance  techniques,  processes  and  systematic

actions  that  will  be  used,

— the examinations and tests which will be carried out before, during and after manufacture, and the

frequency  with  which  they  will  be  carried  out,

— the quality records, such as inspection reports and test data, calibration data, qualification reports

of  the  personnel  concerned,  etc.,

— the  means  to  monitor  the  achievement  of  the  required  product  quality  and  the  effective  operation

of  the  quality  system.

3.3. The  notified  body  shall  assess  the  quality  system  to  determine  whether  it  satisfies  the  requirements
referred  to  in  point  3.2.  It  shall  presume  conformity  with  these  requirements  in  respect  of  quality
systems  that  implement  the  relevant  harmonised  standard (1).

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

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

3.4. The  manufacturer  shall  undertake  to  fulfil  the  obligations  arising  out  of  the  quality  system  as

approved  and  to  uphold  it  so  that  it  remains  adequate  and  efficient.

(1) This harmonised standard shall be EN ISO 9002, supplemented, if necessary, to take into account the specific nature of

the  procedure  for  which  it  is  implemented.

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

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

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

4.

Surveillance  under  the  responsibility  of  the  notified  body.

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

out  of  the  approved  quality  system.

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

— the  quality  system  documentation,

— the quality records, such as inspection reports and test data, calibration data, qualification reports

of  the  personnel  concerned,  etc.

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

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

5.

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

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

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

— the  decisions  and  reports  from  the  notified  body  which  are  referred  to  in  the  final  paragraph  of

points  3.4,  4.3  and  4.4.

6.

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

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ANNEX  IV

FULL  QUALITY  ASSURANCE

1.

2.

Full  quality  assurance  is  the  procedure  whereby  the  manufacturer  who  satisfies  the  obligations  of
point 2 ensures and declares that the products concerned satisfy the requirements of the Directive that
apply to them. The manufacturer or his authorised representative shall affix the markings provided for
in  Article  12(1)  to  each  product  and  draw  up  a  written  declaration  of  conformity.

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

3. Quality system

3.1. The  manufacturer  shall  lodge  an  application  for  assessment  of  his  quality  system  with  a  notified

body.

The  application  shall  include:

— all  relevant  information  for  the  products  envisaged,

— the  quality  system  documentation.

3.2. The quality system shall ensure compliance of the products with the requirements of the Directive that

apply  to  them.

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

It  shall  contain  in  particular  an  adequate  description  of:

— the  quality  objectives  and  the  organisational  structure,  responsibilities  and  powers  of  the

management  with  regard  to  design  and  product  quality,

— the technical specifications, including the harmonised standards and technical regulations as well as
relevant test specifications that will be applied and, where the standards referred to in Article 7(1)
will  not  be  applied  in  full,  the  means  will  be  used  to  ensure  that  the  essential  requirements  of  the
Directive  that  apply  to  the  products  will  be  met,

— the design control and design verification techniques, processes and systematic actions that will be

used  when  designing  the  products  pertaining  to  the  product  category  covered,

— the  corresponding  manufacturing,  quality  control  and  quality  assurance  techniques,  processes  and

systematic  actions  that  will  be  used,

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

— the  means  by  which  it  is  ensured  that  the  test  and  examination  facilities  respect  the  appropriate

requirements  for  the  performance  of  the  necessary  test,

— the quality records, such as inspection reports and test data, calibration data, qualification reports

of  the  personnel  concerned,  etc.,

— the means to monitor the achievement of the required design and product quality and the effective

operation  of  the  quality  system.

3.3. The  notified  body  shall  assess  the  quality  system  to  determine  whether  it  satisfies  the  requirements
referred  to  in  point  3.2.  It  shall  presume  compliance  with  these  requirements  in  respect  of  quality
systems  that  implement  the  relevant  harmonised  standard (1).

(1) This harmonised standard shall be EN ISO 9001, supplemented, if necessary, to take into account the specific nature of

the  products  for  which  it  is  implemented.

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L 74/19

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

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

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

3.4. The  manufacturer  shall  undertake  to  fulfil  the  obligations  arising  out  of  the  quality  system  as

approved  and  to  uphold  it  so  that  it  remains  adequate  and  efficient.

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

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

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

4.

EC  surveillance  under  the  responsibility  of  the  notified  body

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

out  of  the  approved  quality  system.

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

— the  quality  system  documentation,

— the quality records as foreseen by the design part of the quality system, such as results of analyses,

calculations,  tests,  etc.,

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

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

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

5.

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

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

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

— the  decisions  and  reports  from  the  notified  body  which  are  referred  to  in  the  final  paragraph  of

points  3.4,  4.3  and  4.4.

6.

Each  notified  body  referred  to  in  Article  11(1)  shall  make  available  to  the  other  notified  bodies
referred  to  in  that  Article  the  relevant  information  concerning  quality  system  approvals  including
references  to  the  product(s)  concerned,  issued  and  withdrawn.

L 74/20

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ANNEX  V

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

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

2. The notified body and its staff must carry out the tasks for which the notified body has been designated
with  the  highest  degree  of  professional  integrity  and  technical  competence  and  must  be  free  from  all
pressures and inducements, particularly financial, which might influence their judgment 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. 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.

6. The  notified  body  must  take  out  liability  insurance  unless  its  liability  is  assumed  by  the  State  in

accordance  with  national  law,  or  the  Member  State  itself  is  directly  responsible.

7. 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 State in
which  its  activities  are  carried  out)  pursuant  to  this  Directive  or  any  provision  of  national  law  giving
effect  thereto.

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L 74/21

ANNEX  VI

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

— The CE conformity marking shall consist of the initials ‘CE’ taking the following form, followed by the

additional  information  referred  to  in  Article  12(1):

CE  initials

Identification  number  of  the
notified  body

Symbol  of  suitability  for
connection  to  the  public
telecommunications  network

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

respected.

— The various components of the CE marking must have substantially the same vertical dimension, which

may  not  be  less  than  5  mm.

ANNEX  VII

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

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

respected.

— The various components of the CE marking must have substantially the same vertical dimension, which

may  not  be  less  than  5  mm.

L 74/22

EN

Official  Journal  of  the  European  Communities

12.3.98

ANNEX  VIII

MODEL  OF  A  DECLARATION

referred  to  in  Article  3(1)  of  Directive  98/13/EC  of  the  European  Parliament  and  of  the  Council

of  12  February  1998

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

(Official  Journal  of  the  European  Communities  L  74  of  12  March  1998)

The  manufacturer/supplier (1)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

declares  that (2)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

The  connection  of  such  equipment  to  a  public  telecommunications  network  in  the  Community  Member
State  will  be  in  violation  of  the  national  law  implementing  Directive  98/13/EC  of  the  European  Parliament
and  of  the  Council  of  12  February  1998  relating  to  telecommunications  terminal  equipment  and  satellite
earth  station  equipment,  including  the  mutual  recognition  of  their  conformity  (OJ  L  74  of  12  March
1998).

PLACE,  DATE  AND  SIGNATURE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) Name  and  address.
(2) Equipment  identification.

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L 74/23

ANNEX  IX

COMMUNITY  INTERNAL  PRODUCTION  CONTROL  PROCEDURE

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

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

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

Where neither the manufacturer nor his authorised representative is established within the Community,
the  obligation  to  keep  the  technical  documentation  available  shall  be  the  responsibility  of  the  person
who  places  the  product  on  the  Community  market.

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

— a  general  description  of  the  product,

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

etc.,

— descriptions and explanations necessary for the understanding of the said drawings and lists and the

operation  of  the  product,

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

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

— test  reports.

4. The  manufacturer  or  his  authorised  representative  must  keep  a  copy  of  the  declaration  of  conformity

with  the  technical  documentation.

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

L 74/24

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12.3.98

ANNEX  X

PART  A

Repealed  Directives  and  provisions

(referred  to  in  Article  34)

Directive  91/263/EEC

Article  11  of  Directive  93/68/EEC

Directive  93/97/EEC

PART  B

Deadlines  for  transposition  into  national  law

(referred  to  in  Article  34)

Directive

Deadline  for  transposition

Directive  91/263/EEC

6  November  1992

Directive  93/68/EEC

1  July  1994 (1)

Directive  93/97/EEC

1  May  1995

(1) Until  1  January  1997,  Member  States  shall  allow  the  placing  on  the  market  and  the  bringing  into  service  of
telecommunications  terminal  equipment  which  comply  with  the  marking  arrangements  in  force  before  1  January
1995.

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ANNEX  XI

CORRELATION  TABLE

This Directive

Directive  91/263/EEC

Directive  93/97/EEC

Article  1(1)

Article  1(2)

Article  2

Article  3

Article  4

Article  5(a)

Article  5(b)  to  (g)

Article  1(1)

Article  1(2)

Article  1(3)

Article  2

Article  3

Article  4, 
point  (a)

Article  1(1)

Article  1(2)

first  subparagraph,

Article  4(2)

Article  4, 
first  subparagraph,
points  (b)  to  (g)  and  second
subparagraph

Article  6

Article  7

Article  8

Article  9

Article  10

Article  11

Article  12

Article  13

Article  14

Article  15

Article  16

Article  17

Article  18

Article  19

Article  20

Article  21

Article  22

Article  23

Article  24

Article  25

Article  26

Article  27

Article  28

Article  29

Article  30(1)

Article  30(2)

Article  31

Article  32(1)

Article  32(2)

Article  33

Article  34

Article  35

Article  36

Article  5

Article  6

Article  7

Article  8

Article  9

Article  10

Article  11

Article  12

Article  13

Article  14

Article  15

Article  16(3)

Article  16(4)

Article  17(2)

Article  1(3)

Article  2

Article  3

Article  4

Article  5

Article  6

Article  7

Article  8(1)  and  (2)

Article  9

Article  10

Article  11

Article  12

Article  13

Article  14

Article  17(1)

Article  17(2)

Article  8(3)

Article  18(2)

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12.3.98

This Directive

Directive  91/263/EEC

Directive  93/97/EEC

Annex  I

Annex  II

Annex  III

Annex  IV

Annex  V

Annex  VI

Annex  VII

Annex  VIII

Annex  IX

Annex  X

Annex  XI

Annex  I

Annex  II

Annex  III

Annex  IV

Annex  V

Annex  VI

Annex  VII

Annex  VIII

Annex