Amended proposal for a European Parliament and Council Directive on connected telecommunications equipment and the mutual recognition of the conformity of equipment
Date: 1998-03-26
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, harmonisation of standards, quality label, telecommunications equipment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.03.1998 

COM(1998) 176 final 

97/0149 (COD) 

Amended proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

ON CONNECTED TELECOMMUNICATIONS EQUIPMENT AND THE MUTUAL RECOGNITION OF 

THE CONFORMITY OF EQUIPMENT 

(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

SUMMARY 

On  29  January  1998,  the  European  Parliament  approved  the  Commission  proposal  for  a 
EUROPEAN PARLIAMENT  AND COUNCIL DIRECTIVE on connected  telecommunications 
equipment  and  the  mutual  recognition  of  the  conformity  of  equipment  (COM(97)257)  with 
amendments  (PE  A4-0023/98).  This  modified  proposal  takes  into  account  the  amendments 
adopted by the European Parliament, which are accepted by the Commission. 

The Directive will create the single market for telecommunications terminal and radio equipment 
and proposes a substantial  relaxation of the regulations governing the placing on the market, the 
free  movement  and  the  putting  into  service  of  such  equipment.  The  Directive  will  replace  two 
Council  Directives  (91/263/EEC1  -  telecommunications  terminal  equipment  and  93/97/EEC2  -
satellite  earth  station  equipment),  simplify  the  application  of  two  other  Council  Directives 
(93/68/EEC3  -  conformity  marking  and  89/336/EEC4  -  electromagnetic  compatibility)  and 
replace a large number of national regulations. 

The issues of concern to the European Parliament are: 

•  The role of harmonised standards (7, 8,10); 
•  The licensing of use of radio equipment (6, 15); 
•  Access of disabled people to telecommunications (4, 8); 
•  Reciprocity with third countries (19); 
•  Transparency of implementation of the Directive (9, 10, 15,16,17, 18); 
•  Exclusion of self-built  radio amateur equipment (5, 8); 
•  Essential requirements and network protection (8,13); 
•  Strengthening the role of industry in the implementation of this Directive (16). 

19 Amendments were formulated  on which the Commission has taken the following position: 

acceptable 
acceptable in part or in principle 
not acceptable 

I 1, 2, 3,4, 5, 9,17,18 

8,10,13,  15,16,20,21,  23 
6, 7,19 

1 
2 
3 
4 

OJNoL  128, 23.5.1991, p. 1. 
OJ No L 290, 24.11.1993, p. 1. 
OJ No L 220, 30.8.1993, p. 1. 
OJNoL.  139, 23.5.1989, p. 19. 

EXPLANATORY  MEMORANDUM 

The  Commission  hereby  presents  a modified  proposal  for  a European  Parliament  and  Council 
Directive  on  radio  and  telecommunications  terminal  equipment  and  the  mutual  recognition  of 
their  conformity.  The  modified  proposal  incorporates  those  amendments  proposed  by  the 
European Parliament as First Reading which were accepted by the Commission. 

INTRODUCTION 

a)  Background 

The Commission  adopted  its proposal  on 4 June  1997 and  it was  formally  transmitted  to 
the EP and the Council on 6 June 19975. 

The  Economic  and  Social  Committee  gave  a  favourable  Opinion  on  10 December  1997. 
The  European  Parliament  adopted  a  favourable  Resolution  at  its  First  Reading  on 
29 January  1998 and proposed 23 amendments to the Commission proposal6. 

b) 

Purpose of the Directive 

The  Directive  will  create  the  single  market  for  telecommunications  terminal  and  radio 
equipment and proposes a substantial relaxation of the regulations governing the placing on 
the  market,  the  free  movement  and  the  putting  into  service  of  such  equipment.  The 
Directive will replace two Council Directives (91/263/EEC7 - telecommunications  terminal 
equipment  and 93/97/EEC8 - satellite earth station equipment), simplify  the application  of 
two  other  Council  Directives  (93/68/EEC9  -  conformity  marking  and  89/336/EEC10  -
electromagnetic compatibility) and replace a large number of national regulations. 

The major elements of the new Directive are: 

•  Enlargement of the range of equipment covered with the inclusion of radio equipment; 

•  A  set  of  new  definitions  which  will  make  the  Directive  valid  well  into  the  future  by 
taking  into  account  the  liberalisation  of  infrastructures  and  competition  between 
operators; 

5O J C 2 4 8,  14/08/1997  p. 4 

6 A4-0023/96,  PV  29-01-98 

OJ No L 128, 23.5.1991, p. 1. 
OJ No L 290, 24.11.1993, p. 1. 
OJNo L 220, 30.8.1993, p. 1. 

7 
8 
9 
10  OJ No L.  139, 23.5.1989, p. 19. 

•  The development of the concept of essential requirements specific to telecommunications 

to take into account technological trends; 

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

can be readily covered; 

•  A less onerous conformity  assessment regime based upon the principle of  manufacturer's 

declarations. 

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

EP  AMENDMENTS ACCEPTED BY THE COMMISSION 

Of  the  19  amendments  adopted  by  the  European  Parliament  at  First  Reading,  the 
Commission accepted 8 in full  and 8 in part or in principle, making a total of 16: 

Amendments accepted in full 
Amendments  accepted  in  part  or  in  part  or  in  8,10,13,15,16,20, 21, 23 
principle 

1,2, 3,4, 5, 9,17,18 

The Commission accepted those amendments which: 

•  reinforce the importance to maximise the classes of equipment covered by the Directive; 

•  clarify  the procedures on dealing with radio equipment; 

• 

• 

introduce  a  consultation  mechanism  where  equipment  considered  non-compliant  with 
the Directive is withdrawn from the market; 

introduce  possibilities  for  network  operators  to  disconnect  equipment  in  special 
circumstances; 

•  further  clarify  the text in a manner consistent with the aims of the Directive; 

•  are consistent with other EU legislation. 

EP  AMENDMENTS NOT ACCEPTED BY THE COMMISSION 

The Commission has not accepted 4 amendments and parts of 10 other amendments.  The 
reasons are given below and the amendments are placed in categories: 

Limitation  of  coverage  of  putting  into  service  of  equipment  not  operating  in 
harmonised  frequency  bands (amendment 6) 

The  Commission  recognises  the  fact  that  the  usage  of  radio  equipment  is  governed  by 
authorisations and that they are in general given on a national basis.  Directive 91/263/EEC 
provides for community-wide  authorisations  for a limited class of equipment, operating in 

harmonised  frequency  bands.  Since  on  the one hand  there  is equipment,  which  does not 
operate  in  harmonised  frequency  bands  but  for  which  it  is  possible  to  provide  a 
Community  wide  authorisation  scheme  and,  whereas,  on  the  other,  there  is  equipment 
operating in harmonised  frequency  bands  for which  the putting  into service  is  nonetheless 
authorised on a national  level, the amendment would unnecessarily restrict the scope of the 
Directive. 

Usage of harmonised  standards (amendments 7,10 (part) 

Although  it  may  not  have  been  the  intention  of  the  European  Parliament  to  render 
mandatory harmonised  standards where they  exist, the amendments  7 and  10 would have 
this  effect.  The  principle  that  the  usage  of  harmonised  standards  should  be  promoted  is 
fully  supported  but  is  already  embedded  by  virtue  of  the  more  onerous  conformity 
assessment procedure, which applies when harmonised standards are not used. 

Making  applicable  the  essential  requirement  enabling  disabled  people  to  use  all 
equipment covered  by this Directive (amendment  8 (part) 

The Commission  agrees with the European Parliament that the disabled  should have access 
to telecommunication  services but is of the opinion that, in principle, market  forces  should, 
and will, ensure this. Where the market  fails, regulators should  however have a possibility 
to  intervene  and  to  enforce  usability  on  certain  classes  of  products.  The  European 
Parliament  proposes  to  apply  this  requirement  to  all  equipment.  This  is  felt  unnecessary 
for  classes  where  the  market  will  ensure  usability.  For  other  classes  of  products 
(e.g. professional  equipment) such a requirement would be inappropriate. 

Strengthening  of the  essential  requirements  and  leaving  selection  of  requirements  to 
ETSI (amendment  8 (part)) 

Although the Commission fully agrees with the Parliament that it is up to ETSI to interpret 
the  essential  requirements  into  harmonised  standards,  it  is  the  task  of  the  regulators  to 
define  which  requirements  apply.  The  selection  of which  special  essential  requirements 
would apply is, therefore, to be made by the Commission after consultation of the TCAM. 

Amendment 8 also proposes making the requirement "misuse of network resources causing 
an  unacceptable  degradation  of  service"  obligatory  for  all  equipment.  The  Commission 
understands  the  reasoning  behind  making  it  obligatory  and  would  expect  terminal 
equipment  to  comply  with  it.  It  is,  however,  difficult  to  translate  this  requirement  into 
harmonised  standards  as the origin  of degradation  of service  is not  necessarily  a result  of 
faulty  elements  in  the  terminal  equipment.  For  this  reason,  the  Commission  feels  the 
requirement should be kept optional. 

A requirement to ensure that equipment properly interworks with the network is considered 
an  aspect  of  product  quality  and  not  a  necessary  feature.  Equipment  which  will  not 
properly  interwork  with  the network  does not necessarily  cause problems  to that  network. 
Market forces would ensure that such products are unsuccessful. 

Specific  provisions on radio amateur equipment (amendments 8 (part) 

Some  amendments  reflect  the  concerns  of  the  radio  amateur  community,  that  self-built 
equipment  would  be  subjected  to  the  conformity  assessment  procedures  of  the  Directive. 
This  equipment  is  not  placed  on  the  market  and  therefore  not  covered  by  this  Directive. 
The  risks  associated  with  such  equipment  are  regulated  via  the  licenses  which  radio 
amateurs  need  to  be  allowed  to  put  such  equipment  into  service.  Making  special 
provisions in this Directive to exclude such equipment are not necessary. 

Amendment 8 proposes introducing limitations on the technical requirements which can be 
imposed  on  commercially  built  radio  amateur  equipment  placed  on  the  market.  Such  a 
provision  would  be  contrary  to  the  principles  of  the  new  approach  which  leave  such  an 
assessment to the standardisation organisations. 

Extension of markings on equipment (amendment  15 (part)) 

The European Parliament proposes adding references to the notified  bodies and harmonised 
standards to the marking. Extended  marking beyond  the CE mark needs to be justified.  It 
only  seems justified  for  certain  classes  of  radio  equipment,  operating  in  non-harmonised 
frequency  bands and thus should not be the general rule. 

Transparency of procedures of the TCAM (amendment  16 (part)) 

The Community  is bound  by Council  Decision  87/373/EEC  which does not  allow  for the 
proceedings of such Committees to be made public. 

Reciprocity (amendment 19) 

The  European  Parliament  proposes  keeping  in  place  the  existing  Directives,  (which  are 
onerous  in  both  requirements  and  conformity  assessment  procedures),  for  products 
the 
originating  from  countries  not  providing  reciprocal  access  for  products  from 
Community.  Such a provision  is not in line with the Most Favoured Nation principal and 
the  National  Treatment  Principal  of  the  GATT  and  the  TBT  code  and  is  discriminatory. 
The  maintenance  of  two  very  different  legal  regimes  is,  in  addition,  very  costly  and, 
therefore, quite undesirable. 

Introduction of a right to disconnect (amendment 20 (partly accepted)) 

Refusal  of  connection  can  be  accepted  if  equipment  seriously  affects  the  operation, of a 
network.  Usage  of  such  a  measure  should,  however,  be  controlled  by  the  regulators  in 
order  to  avoid  abuse  by  operators.  To  only  allow  it  when  the  user  can  be  offered  an 
alternative solution does not provide sufficient  guarantees to avoid such abuse. 

Extension of liabilities (amendments 23) 

The European Parliament  proposes  that manufacturers  should  be liable not  only  for  direct 
economic  damage, but  also  for  indirect  damage  and  that  they  be  liable towards  any party 
suffering  damage.  This  seems  to  exclude  that  other  parties  could  be  liable  as  well 
(e.g.  network  operators  who  have  not  specified  the  characteristics  of  their  networks 
properly).  The  proposal  might  have  unforeseen  side  effects  and  the  view  is  taken, 

therefore,  that  these  issues  continue  to  be  handled  under  the  existing  national  liability 
legislation. 

Where  a product  manufactured  in  the  Community  for other markets  is  re re-imported  into 
the Community,  both the importer  and the manufacturer  are liable  for that product.  If the 
product was not intended to be used  in the Community  and the importer is, or should  have 
been  aware of it, it is up to the courts to determine to what extent the producer should pay 
compensation for damages caused by the product. 

CONCLUSIONS 

The Commission has accepted  16 of the  19 amendments proposed by the European Parliament at 
First Reading either in whole, in part or in principle. 

In accordance with Article  189a paragraph 2 of the EC Treaty, the Commission  amends its initial 
proposal, incorporating these amendments. 

AMENDED PROPOSAL FOR A 
EUROPEAN  PARLIAMENT  AND COUNCIL 
mEE£TLY£ 
ON 
RADIO AND TELECOMMUNICATIONS TERMINAL 
EQUIPMENT AND THE MUTUAL RECOGNITION OF THEIR 
CONFORMITY 

Original text 

Amended text 

Recital 3 a (new) 

(new) 

Whereas,  given  the  increasing  importance  of 
telecommunications  terminal  equipment  and 
networks  using  radio  transmission  besides 
equipment  connected  through  wired  links, 
the  manufacturing, 
any 
marketing  and  use  of  R&TTE  should  cover 
both classes of such equipment; 

regulation  on 

Recital 5 

the  electromagnetic 

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

approximation  of 
relating 
as 

last 

the 

Whereas  the  electromagnetic  compatibility 
related  essential  requirements  laid  down  by 
Council Directive  89/336/EEC  of  3  May 
1989  on  the  approximation  of  the  laws  of 
Member States  relating  to  electromagnetic 
compatibility12, 
by 
Directive 93/68/EEC,  are  sufficient  to  cover 
radio 
terminal 
and 
equipment; 

telecommunications 

amended 

last 

as 

Recital 6 

relating 

Whereas  the  provisions  of  Council  Directive 
73/23/EEC  of  19  February  1973  on  the 
harmonization  of  the  laws  of  the  Member  I 
States 
equipment 
designed  for  use  within  certain  voltage 
limits14,  as 
last  amended  by  Directive 
93/68/EEC,  are  sufficient  to  cover  radio  and 
telecommunications 
equipment, 
whatever the operating voltage limits; 

to  electrical 

terminal 

Whereas  the  provisions  of  Council  Directive 
the 
73/23/EEC  of  19  February  1973  on 
harmonization  of the  laws of the Member  States 
relating  to electrical  equipment  designed  for  use 
within  certain  voltage  limits13,  as  last  amended 
by  Directive  93/68/EEC,  are  sufficient  to  cover 
connected 
equipment. 
telecommunications 
whatever the operating voltage limits; 

n 
12 

13 

14 

OJNoL  139, 23.5.1989, p. 19. 
OJNoL  139,23.5.1989, p. 19. 
OJ No L 77, 26.3.1973, p. 29. 
OJNoL  77, 26.3.1973, p. 29. 

Recital 8 

than 

Whereas  unacceptable  degradation  of  service  to 
connected 
other 
the 
telecommunications 
be 
prevented; 

equipment 

should 

user 

of 

Whereas  unacceptable  degradation  of  service 
radio  and 
to  other 
telecommunications 
equipment 
should be prevented; 

the  user  of 
terminal 

than 

Recital 10 

connected 

telecommunications 
Whereas 
equipment  can  occupy  an  excessive  proportion 
of  limited  resources  such  as  radio  frequency 
spectrum; 

Whereas  the  most  efficient  possible  use 
according  to  the  state  of  the  art  of  limited 
resources  such  as 
frequency 
spectrum is to be ensured and promoted; 

radio 

the 

Récita  12 

of 

connected 

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

the  needs  of 

Whereas  the  essential  requirements  relevant 
to  a  class  of  radio  and  telecommunications 
terminal  equipment  should  depend  on  the 
nature  and 
that  class  of 
equipment;  whereas  these  requirements  must 
be  applied  with  discernment  in  order  not  to 
inhibit 
the 
meeting  of 
free-market 
economy; 

the  needs  of  a 

innovation  or 

technological 

Recital 13 

Whereas  care  should  be  taken  that  connected 
should  not 
telecommunications 
represent an avoidable hazard to health; 

equipment 

Whereas  care  should  be  taken  that  radio  and 
equipment 
telecommunications 
should  not  represent  an  avoidable  hazard  to 
health; 

terminal 

Récita  14 

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

Whereas telecommunications are important to 
the  well-being  and  employment  of  people 
with  disabilities  who  represent  a  substantial 
and  growing  proportion  of  the  population 
telecommunications 
of Europe;  whereas 
equipment 
therefore  whenever 
possible  be  designed  in  such  a  way  that 
disabled  people  may  use  it  without  or  with 
only minimal  adaptation: 

should 

Recital 15 

Whereas 
equipment 
required by emergency and security services; 

connected 
can  provide  certain 

telecommunications 
functions 

and 

radio 

Whereas 
telecommunications 
terminal  equipment  can  provide  certain 
functions  required by emergency and  security 
services; 

telecommunications 
Whereas 
equipment should not permit the infringement  of 

connected 

telecommunications 
Whereas 
terminal  equipment  should  not  permit  the 

radio 

and 

Recital 16 

individual privacy; 

infringement  of individual privacy; 

Récita  1! 

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

Whereas  it  is  desirable  to  have  harmonized 
standards  at  European  level  to  safeguard  the 
public  interest  in  connection  with  the  design 
and 
and 
manufacture 
telecommunications 
equipment; 
whereas  such  harmonized  standards  may  be 
used 
the 
essential requirements; 

to  demonstrate  conformity 

of 
terminal 

radio 

to 

Récita  19 

resulting 

requirements 

from  disparities 

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

are  necessary 
therefore, 

to  satisfy 

whereas, 

resulting 

law  provides 

the  Community, 

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

and 

Récita  20 

and 

radio 

Whereas 
telecommunications 
terminal  equipment  which  complies  with  the 
relevant  essential  requirements  should  be 
permitted  to  circulate  freely  and  be  put  into 
service  in  all  Member  States;  whereas  radio 
and  telecommunications  terminal  equipment 
which  does  not  comply  with  the  applicable 
essential  requirements  should  be  regarded  as 
defective  products  within  the  meaning  of 
Council  Directive  85/374/EEC  of  25  July 
1985  on  the  approximation  of  the  laws, 
regulations  and  administrative  provisions  of 
the  Member  States  concerning  liability  for 
defective products 16 

States; 

whereas 

connected 

Whereas 
telecommunications 
equipment  which  complies  with  the  relevant 
essential  requirements  should  be  permitted  to 
circulate  freely  and  be  put  into  service  in  all 
Member 
connected 
telecommunications  equipment  which  does  not 
comply  with 
essential 
requirements  should  be  regarded  as  defective 
the  meaning  of  Council 
products  within 
Directive  85/374/EEC  of  25  July  1985  on  the 
approximation  of  the  laws,  regulations  and 
administrative  provisions  of  the  Member  States 
concerning liability for defective products15; 

applicable 

the 

15  OJ No L 210, 7.8.1985, p. 29. 
16  OJ No L 210, 7.8.1985, p. 29. 

10 

Recital 20a (new) 

Whereas  this  Directive  does  not  restrict  the 
non-commercial  building,  transformation  or 
in  Amateur  Radio  and 
use  of  R&TTE 
Satellite services by licensed radio amateurs; 

Article  1 
Scope and  aim 

regulatory 

establishes 

a  European 
This  Directive 
Community 
the 
for 
placing  on  the  market,  free  circulation  and 
connected 
service 
putting 
telecommunications  equipment  (£IE)  which 
complies with the essential requirements. 

framework 

into 

of 

This  Directive  establishes 
a  European 
Community  regulatory  framework  for  the 
placing  on  the  market,  free  circulation  and 
and 
putting 
Telecommunications  Terminal  Equipment 
(R&TTE)  which  complies  with  the  essential 
requirements. 

of  Radio 

service 

into 

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

Article 2 
Definitions 
For 
following definitions  shall apply: 

the  purpose  of 

this  Directive 

the 

(a)  Connected 

Telecommunications 

(a) 

Equipment (CTE) 

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

to 

Radio 
Terminal Equipment  (R&TTE) 

and 

Tejecommunications 

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

communication 

intended 

is 

or 

or 

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

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

allowing 
interwork  with 

to 

(b)  Open 

Telecommunications 

Network 

(b)  Open  Telecommunications 

Network 

Termination Point (ONTP) 

Termination  Point (ONTP) 

point 

termination 

A 
a 
telecommunications  network  at  which 
users  of  the  network  may  connect  any 
Connected 
conforming 

of 

point 

termination 

A 
a 
telecommunications  network  at  which 
users  of  the  network  may  connect  any 
and 
conforming 

Radio 

of 

17  OJ No L 109, 26.4.1983, p. 8. 

11 

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

(c)  £ IE  TyPe 

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

(d)  Technical  specification 

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

(e)  Harmonized  standard 

Telecommunications 
Terminal 
Equipment  of  a  type  supported  at  that 
ONTP.  Connection  may  be  by  wire, 
radio,  optical  or  other  electromagnetic 
means. An ONTP supports one or more 
types  of  R&TTE.  In  exceptional  cases 
in the  public  interest,  ONTP  types  can 
be  termination  points  of  other  than 
public networks; 

(c)  R&TTE Type 

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

(d)  Technical  specification 

specification 

contained 
describes 

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

technical 

specification 

A 
adopted  by  a 
recognized  standards  body  under  a  mandate 
from  the  Commission  in  conformity  with  the 
procedures 
in 
Council Directive 83/189/EEC17  for  the  purpose 
of 
requirement, 
compliance with which is not compulsory. 

a  European 

establishing 

down 

laid 

(e)  Harmonized standard 

procedures 

A 
technical  specification  adopted  by  a 
recognized  standards  body  under  a  mandate 
from  the  Commission  in  conformity  with 
in 
the 
down 
Council Directive 83/189/EEC18 
for 
the 
purpose 
a  European 
establishing 
requirement,  compliance  with  which  is  not 
compulsory. 

laid 

of 

Article 3 
Essential requirements 

l •  The 

following 

general 

essential 

1. 

requirements are applicable to all CTE: 

The  R&TTE  referred  to  in  Article  2 
shall be so constructed  that: 

(a) 

the  equipment,  when  properly 
used, does not endanger the health 
or  the  safety  of  the  user  or  any 
other person; 

OJNoL109, 26.4.1983, p. 8. 

12 

(a) 

(b) 

the  essential  requirements  contained 
in  Directive  73/23/EEC  with  respect 
to  safety  whatever  the  voltage  limits 
oftheCTE; 

the  essential  requirements  contained 
in Directive 89/336/EEC with respect 
to electromagnetic  compatibility. 

(b) 

(c) 

specific 

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

(a) 

(b) 

(c) 

prevention  of  misuse  of  network 
resources  causing  an  unacceptable 
degradation  of  service  to  other  than 
the user oftheCTE; 

interworking  via  network(s)  and 
Community-wide portability between 
ONTPs of the same type; 

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

the  equipment  meets  the  essential 
in 
requirements 
Directive  73/23/EEC  with  respect 
to  safety  whatever  the  voltage 
limits of the R&TTE; 

contained 

be 

contained 

89/336/EEC 

shall 
the 

the  equipment  meets  the  essential 
in 
requirements 
with 
Directive 
respect 
electromagnetic 
to 
compatibility. 
equipment 
that 

so 
Radio 
constructed 
equipment 
effectively  uses  the  spectrum  allocated 
to 
radio 
communication and orbital resources, in 
accordance 
Radio 
Regulations. 
In  accordance  with  the  procedure  laid 
down  in  Article  12,  the  Commission 
may  decide  that  Terminal  Equipment 
within certain Equipment  Class shall be 
so constructed that: 

terrestrial/space 

with 

ITU 

(a)  misuse  of  network 

causing 
deterioration 
prevented; 

an 

of 

and/or that 

resources 
unacceptable 
is 
service 

(b) 

it  interworks  via  network(s)  and 
can  be  ported  between  ONTPs  of 
the same type in the Community; 

and/or that 

(c) 

it  contains  safeguards  to  ensure 
that  the  individual  privacy  of  the 
user is protected ; 

and/or that 

it  supports  certain 

(d) 
ensuring 
emergency services ; 

access 

to 

safety 

features, 
and 

In  the  interest  of  people  with  special 
the 
needs  and 
procedure  laid  down  in  Article  12, the 

in  accordance  with 

13 

Commission  may  decide  that  Terminal 
equipment,  which  may  be  used  by 
people with  special needs  shall support 
certain features. 

Article 4 
Publication of specifications of interface 
points 

Article 4 
Identification of relevant specific essential 
requirements 
JL  The Commission  shall  identify  the  specific 
essential  requirements  applicable  to  each 
CTE type 
the 
procedure  laid  down  in  Article  12.  In 
selecting 
essential 
requirements,  the  Commission  shall  give-
as appropriate, due consideration to: 

accordance  with 

applicable 

the 

in 

(a) 

protection of health, 

(b) 

features  for users with disabilities. 

(c) 

features  for  emergency  and  security 
services. 

(d) 

protection of individual privacy, 

shall 

States 

specific 

applicable 

The 
essential 
requirements  shall  be  published  in  the 
Official Journal of the 
European 
Communities. 
Member 
the 
Commission  of  the  types  of  ONTP  which 
are available or due to become available as 
soon as they are aware of them. In turn, the 
Commission  shall  inform  the  Committee 
referred 
(hereinafter 
in  Article  12 
referred  to as "the Committee") of existing 
and planned ONTP types. 

notify 

to 

that 

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

14 

shall  notify 

the 
Member  States 
Commission of the radio interfaces  they 
have  regulated  unless  they  have  been 
notified  pursuant  to  the  provisions  of 
Directive  83/189/EEC. After  consulting 
the  Committee  provided  for  in  Article 
12,  the  Commission  shall  establish  the 
equivalence  between 
interfaces 
an 
notified 
equipment  category  indicator,  which 
shall  be  published 
the  Official 
Journal of the European  Communities. 

the 
shall  determine 

and 

in 

shall  notify 

Member  States 
the 
Commission  of  the  types  of  ONTP 
which  are  used  by  networks  offering 
services  to  the  public.  Member  States 
shall  ensure 
the  operators  of 
networks offering  services to the public 
publish  and  regularly  update  accurate 
and  adequate  technical  specifications 

that 

concerning  these  network  termination 
points.  These  specifications  should  be 
in sufficient  detail  to  permit  the  design 
of compatible terminal  equipment 

Article 5 
Harmonized standards 

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

a  harmonized 

considers 

2.  Where  a  Member  State  or 
that 

the 
Commission 
a 
harmonized  standard  referred  to  in 
paragraph  1 does not  conform  to the 
selected 
essential 
specific 
requirements  referred  to  in  Article 
3m 
the 
Commission  or  the  Member  State 
concerned  shall  bring 
the  matter 
before  the Committee and initiate the 
procedures described in Article 12. 

and  Article 

4(1). 

1.  When  R&TTE  meets 

the 

relevant 
harmonized  standards  whose  reference 
numbers  have  been  published  in  the 
Official  Journal  of 
the  European 
Communities,  Member  States  shall 
presume  compliance  with  those  of  the 
essential  requirements  referred  to  in 
Article 3 and Article 4 as are covered in 
these  standards.  At  the  choice  of  the 
the 
manufacturer  compliance  with 
relevant  essential  requirements  can  be 
demonstrated  by  means  of  compliance 
specification 
with 
appropriate  to  the  relevant  essential 
requirements  in  accordance  with  the 
procedures provided  for in Article 9(4). 

technical 

a 

considers 

2.  Where  a  Member  State  or 
that 

the 
Commission 
a 
harmonized  standard  or  a  specification 
referred  to  in  paragraph  1  does  not 
conform 
specific 
essential  requirements  referred  to  in 
Article  3, which it intends  to cover, the 
Commission  or 
the  Member  State 
concerned  shall bring  the  matter  before 
the Committee. 

selected 

the 

to 

the  Committee,  and 

After  consulting 
in 
accordance with the procedure provided  for in 
Article  12,  the  Commission  may  circulate 
guidelines concerning the interpretation of the 
harmonized  standard  and  may  publish  a  list 
of  the  corrections  made  to  the  harmonized 
standard,  pending  formal  correction  thereof. 
After  consulting  the  Committee,  and  in 
accordance with the procedure provided for in 
Article  12,  the  Commission  may  withdraw 
the harmonized  standards  from  publication in 
the  Official  Journal  of 
the  European 
Communities. 

15 

Article 6 

Placing on the market and putting into service 
1.  Member  States 

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

general 

shall 

States 

ensure 

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

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

shall 

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

the  R&TTE  on 

requirements 

identified 

the 

2.  Member  States 

shall  ensure 

that 
refuse 
network  operators  do  not 
connection  of  R&TTE  to  appropriate 
ONTPs  on  technical  grounds  when  the 
equipment 
the 
complies 
requirements of Article 3. 

with 

the  market,  R&TTE 

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

any 

demonstrate 

4.  Where  a  telecommunications  operator 
that  Apparatus, 
can 
declared  to  be  in  conformity  with  this 
Directive causes damage to his network 
or  is  not  being  used  properly,  the 
surveillance  authority  may  authorize 

16 

to 

refuse  connection  of  his 
him 
equipment  to  his  network.  Member 
States  shall  notify  the  Commission  of 
such authorizations. 

Article 7 
Non-compliance 

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

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

relating 

(a) 

(b) 

(c) 

the 
application 
incorrect 
harmonized  standards  referred  to  in 
Article 5, 

of 

in 
shortcomings 
standards referred  to in Article 5, 

the  harmonized 

use  of  an  inappropriate 
specification, 

technical 

17 

all 

take 

appropriate 

1.  Where  a  Member  State  ascertains  that 
equipment  within  the  scope  of  this 
Directive  does  not  comply  with  the 
requirements  referred  to  in Article  3. it 
shall 
and 
proportionate  measures  in  its  terrotory 
to avoid the consequences  of such  non 
compliance,  such  as  authorizing  the 
the 
operators 
equipment 
networks, 
withdrawing  the  equipment  from  the 
market,  prohibiting  its  placing  on  the 
market or restricting its free movement. 
The  Member  State  concerned  shall 
immediately  notify 
the  Commission 
and  other  Member  States  of  any  such 
measures  indicating  the  reasons  for  its 
decision and whether non-compliance is 
due to: 

to  connect 
their 

to  refuse 
from 

(a) 

(b) 

(c) 

incorrect 
the 
application 
harmonized  standards  referred  to 
in Article 5, 

of 

shortcomings  in  the  harmonized 
standards referred  to in Article 5, 

failure  to  satisfy  the  requirements 
referred  to in Article  3. where  the 
equipment  does  not  meet 
the 
standards  referred  to  in  Article 

referred 

Where  the  decision 
to  in 
paragraph  1  is  attributed  to  incorrect 
application of the  harmonized  standards 
referred  to  in  Article  5  or  a  failure  to 
satisfy  those  requirements,  when  the 
equipment  does  not  meet  the  standards 
referred 
the 
Commission  shall  consult  the  parties 
concerned  as  soon  as  possible.  If  the 
such 
finds. 
Commission 
is 
that 
consultations, 

in  Article  5(1). 

action 

after 

the 

to 

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

informed  of 

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

any  procedure 

4. 

to 

in 

the 

the 

other  Member 

referred 
attributed 

the  decision 
is 
1 

justified,  it  shall  immediately 
inform 
the  Member  State  that  took  the  action 
and 
States 
accordingly. 
in 
Where 
to 
paragraph 
shortcomings 
harmonized 
standards,  the  Commission  shall  bring 
the matter  before  the  Committee  within 
two  months. 
The  Committee  shall 
deliver  an  opinion  in  accordance  with 
the  procedure  laid  down  in Article 12. 
If  the  Commission  finds,  after  such 
consultations, 
IS 
justified,  it  shall  immediately  inform 
the  Member  State  that  took  the action 
and  other  Member  States  and  shall 
initiate  the  procedures  referred  to in 
Article 5(2). 

action 

that 

the 

shall 

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

keep 

The  Commission 
shall  maintain  a 
record  of the  cases  notified  by  Member 
SlaiÊS* 

Article S 
Liability for  non-compliance 

their 
QL 
established  within 

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

or 
their 
established  within 

authorized 
Manufacturers 
representatives 
the 
Community  shall  not  be  liable  for  the 
damages  referred  to  in  paragraph  1 if  they 
can  prove  that  the  essential  requirement(s) 
with  which  their  product  does  not  comply 
had  not  been  identified  pursuant  to  Article 

18 

1.  Manufacturers, 

their 

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

include 

shall 

2.  Manufacturers, 

their 

authorized 
representatives  established  within  the 
Community  or  in  their  absence 
the 
responsible  person,  who  place  products 
on  the  Community  market  shall  not  be 

4  at  the  time  when  the  equipment  was 
placed on the market. 

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

Article 9 
Conformity assessment procedures 

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

CTE  which  does  not  make  use  of  the 
spectrum  allocated 
terrestrial/space 
radio  communication  shall  be  subject  to 
internal production  control, as described in 
Annex I. 

to 

1. 

The  conformity  assessment  procedures 
identified  in this Article will be used to 
the 
demonstrate 
R&TTE  with  all  the  relevant  essential 
requirements identified  in Article 3. 

the  compliance  of 

spectrum 

2.  R&TTE  which  does  not  make  use  of 
to 
allocated 
the 
terrestrial/space 
radio  communication 
shall  be  subject  to  internal  production 
control, as described  in Annex I. 

to 

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

terrestrial/space 

3. 

4. 

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

Article U 
CE marking 

1 

representative  within 

CTE complying with the relevant  essential 
requirements  shall bear the CE  conformity 
marking  referred  to  in  Annex  IV.  It  shall 
be  affixed  by  the  manufacturer  or  his 
authorized 
the 
Community. Where appropriate, it shall be 
accompanied  by  the identification  number 
of  the  notified  body  referred  to  in  Article 
10(2).  Any  other  marking  may  be  affixed 
to 
the 
visibility  and  legibility  of the  CE marking 

the  equipment  provided 

that 

19 

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

and 

records 
to 

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

requirements  and  all 

R&TTE complying with all the relevant 
essential 
the 
Directives  applicable to  it shall  bear the 
CE  conformity  marking  referred  to  in 
Annex  IV.  It  shall  be  affixed  by  the 
manufacturer 
authorized 
representative  within  the  Community. 
Where 
be 
accompanied  by 
identification 
number of the notified  body  referred  to 
in  Article  10(2)  and  of  an  equipment 
class identifier.  Any other marking may 

appropriate, 

shall 

the 

his 

or 

it 

is not thereby reduced. 

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

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

be 

by 

shall 

identified 

the 
CTE 
manufacturer  by  means  of  type,  batch 
and/or  serial  numbers  and  by the name of 
the  manufacturer 
supplier 
responsible for placing it on the market. 

and/or 

be  affixed  to  the  equipment  provided 
that  the  visibility  and  legibility  of  the 
CE marking is not thereby reduced. 

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

form 

of 

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

R&TTE  shall  be  identified  by  the 
manufacturer  by  means  of  type,  batch 
and/or  serial  numbers  and  by  the  name 
of  the  manufacturer  and/or  supplier 
bearing  liability  in  the  event  of  non 
compliance with essential requirements. 

Article 12 
Constitution and procedures 

the 

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

representative 

composed 

nature 

the 

by 

of 

The  Committee  shall  be  consulted  on  the 
matters covered by Articles 4, 5 and 2. 

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

The  representative  of  the  Commission 
shall  submit  to  the  Committee  a  draft  of 
the  measures  to  be  taken.  The  Committee 
shall  deliver  its  opinion  on  the  draft, 

20 

1. 

2. 

3. 

The Commission  shall  be  assisted  by a 
the  Telecommunication 
Committee, 
Conformity  Assessment  and  Market 
surveillance  committee  (TCAM),  of  an 
the 
advisory  nature  composed  of 
representatives  of  the  Member  States 
and  chaired  by  the  representative  of 
the Commission. 
The  Commission 
shall  consult  the  representatives  of  the 
telecommunications  network  providers, 
the  consumers  and  the  manufacturers 
on a continuous basis.  It shall keep the 
Committee  regularly  informed  of  the 
outcome of such consultations. 

The  Committee  shall  be  consulted  on 
the matters  covered  by  Articles  3, 4, 5 
and 6. 

The  Committee  may  be  consulted, 
where necessary, on the effectiveness  of 

within  a  time-limit  which  the  chairman 
may lay down according to the urgency of 
the matter, if necessary by taking a vote. 

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

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

the  surveillance  tasks  related  to  the 
operation of this Directive. 

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

L. 

ol 

representatives 

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

the  outcome  of 

the  Committee 

It 

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

inform 

shall 

Article 13 
Review and reporting 

to 

report 

taking 

thereon 

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

of 

The  Commission  shall  review  the  operation 
of  this  Directive  and  report  thereon  to  the 
European  Parliament  and  to  the  Council,  on 
the first occasion not later than  [31 December 
1999]  and  every  third  year  thereafter.  This 
review  shall  inter  alia  assess  whether  the 
scope  of  the  Directive  should  be  maintained 
taking  account  of 
or  should  be  reduced 
technical 
the 
how 
development 
for  placing  on  the 
regulatory  framework 
market  and  putting  into  service  of  radio  and 
telecommunications 
equipment 
should be developed to 

terminai 

and 

a) 

b) 

that  a  coherent  system 

ensure 
is 
achieved  at  Community  level  for  all 
radio  and  telecommunications  terminal 
equipment; 

allow 
of 
telecommunications,  audiovisual  and 

convergence 

for 

21 

information technology sectors; 

c) 

enable  harmonisation  of  regulatory 
measures at an international level. 

The report shall cover progress on drawing up 
the  relevant  standards,  as  well  as  any 
problems  that  have  arisen  in  the  course  of 
implementation. The report shall also outline 
the  activities  of  the  Committee,  and  assess 
progress  in  achieving  an  open  competitive 
market  for  R&TTE  at  Community  level.  It 
shall  in particular examine  whether  essential 
requirements  are  still  necessary  for  all 
categories of terminal equipment covered. 

Article 14 
Transitional provisions 

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

1.  The  harmonized  standards  or  parts 
identified  through  Common 
thereof 
Technical  Regulations  adopted  under 
Directive  91/263/EEC  or  Directive 
93/97/EEC may be used as the basis for 
a  presumption  of  conformity  with  the 
specific  essential  requirements  referred 
to  Article  3.  The  Commission  shall 
publish  a  list  of  references  to  these 
standards in the Official Journal of the 
European  Communities  immediately 
after this Directive comes into force. 

2.  Any measure adopted by Member States in 
accordance  with  Directive  91/263/EEC or 
Directive  93/97/EEC  shall  continue  to be 
valid. 

2.  Any  measure  adopted  by  Member 
States  in  accordance  with  Directive 
91/263/EEC  or  Directive  93/97/EEC 
shall continue to be valid. 

Article 16 
Repeal 

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

From  the  entry  into  force  of  the  present 
Directive  91/263/EEC,  Directive  93/97/EEC 
and Article  11 of  Directive  93/68/EEC  shall 
no longer be applicable. 

22 

ISSN 0254-1475 

COM(98) 176 final 

DOCUMENTS 

EN 

15  16  01  10 

Catalogue  number  :  CB-CO-98-176-EN-C 

ISBN  92-78-32333-0 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

22.