Opinion of the Commission pursuant to Article 189B(2)(d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a European Parliament and Council Directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations
Date: 1998-05-29
Institutions: European Commission
Subjects: access to information, information system, law relating to information, technical regulations, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.05.1998 
COM(1998) 349  final 

96/0220 (COD) 

OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 

proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 

amending for the third time Directive 83/189/EEC laying down a procedure 
for the provision of information in the field of technical standards and regulations 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

1. Background 

•  On  24 July  1996  the  Commission  adopted  a  proposal  for  a  Directive  (together 
with  a  communication)  designed  to  introduce  a  mechanism  for  the  transparency 
of 
amending 
Directive 83/189/EEC for a third time.1 

information 

applying 

services 

society 

rules 

by 

to 

•  On 20 March  1997 the Economic and  Social Committee endorsed the proposal. 

•  On  16 May  1997  Parliament  adopted,  at  first  reading  and  in accordance  with  the 
codecision  procedure  (Article  189b  of  the  EC Treaty),  a  legislative  resolution 
endorsing,  subject  to amendments  contained  in the resolution,  the  Commission's 
proposal and calling on the Commission to amend its proposal  accordingly. 

•  On  17 November  1997 the  Commission  adopted,  pursuant  to  Article  189b(2)  of 
the  EC Treaty,  an  amended  proposal  incorporating,  in  letter  or  in  spirit,  most  of 
the amendments voted by Parliament at first reading. 

•  On  26 January  1998  the  Council,  acting  pursuant  to  Article  189b(2)  of  the 

EC Treaty, adopted a common position on the proposal  for a Directive. 

•  On  28 January  1998 the  Commission  adopted  its communication  on the  Council 

common position and forwarded  it to Parliament. 

•  On  14 May  1998  Parliament  adopted,  at  second  reading, five amendments  to the 

Council's common  position. 

2. Aim of the Commission  proposal 

This  proposal  for  a  Directive  is designed  to  introduce  a  system  of  information  and 
consultation  between  the  Commission  and  the  Member States  on  future  national 
regulatory  initiatives relating specifically  to information  society services. 

These  services  are  defined  as  services  provided  at  a  distance,  by  electronic  means 
and at the individual  request of a recipient of services. 

Preservation  of the  area  without  internal  frontiers  constituted  by the  internal  market 
is  an  essential  precondition  for  safeguarding  and  promoting  the  development  of 
on-line  interactive  services,  which  offer  great  potential  for  investment,  the  growth 
and competitiveness  of European  industry, job creation and consumers. 

In extending  to  future  draft  national  legislation  on  information  society  services  the 
rules  governing  prior  notification  (with  adoption  of  the  national  legislation  initially 
postponed  for  three months)  and consultation  that  currently  apply  to products  under 
Directive 83/189/EEC,  this  Directive  is  specifically  designed  to  ensure  a  stable, 
transparent  and cohesive  framework  for  stimulating the development  of these "new" 

COM(96) 392 final  and OJ C 307,  16.10.1996. 

-2 

services,  based  in  particular  on  the  internal  market  principles  of  free  movement  of 
services and freedom  of  establishment. 

3. Opinion  of the Commission  on the amendments  proposed  by  Parliament 

In  its communication  on the  common  position,  the  Commission  stated  that  it  could 
accept the common position despite certain restrictions introduced by the Council on 
the  scope  and  operation  of  its  proposal  (without,  however,  altering  the  basic 
substance),  in view of the  need  for  rapid  definitive  adoption  and  implementation  of 
the information  and consultation procedure  proposed. 

The  amendments  to  the  common  position  which  have  been  voted  by  Parliament  at 
second  reading  have  the  effect  of  clarifying  and  reinforcing  some provisions  of  the 
Directive, while confirming  the substance of the text approved  by the Council. 

For  this  reason,  and  in  the  light  of  its  amended  proposal,  which  had  already 
incorporated  a  number  of  amendments  adopted  by  Parliament  at  first  reading  and 
presented  again  at  second  reading,  the  Commission  can  support  all  of  Parliament's 
amendments to the common position. 

Amendment 1 

A  general  consideration  of  this  nature,  which  is  consistent  with  the  aims  and 
objectives  of the Directive and with the requirement that the Commission  present, in 
due  course,  an  evaluation  report  and,  if  necessary,  proposals  for  a  revision  of  the 
Directive  (Article 3),  highlights  the  importance  of  keeping  the  development  of 
information  society  services  under  constant  review  and,  if.need  be, of taking  future 
initiatives to promote their development. 

It  reproduces  amendment  18 adopted  at  first  reading,  which  was  incorporated  into 
the amended  proposal. 

Amendment 2 

This amendment, which makes it possible to call upon the expertise of persons  from 
the  industrial  or  academic  world  and,  if  possible,  from  representative  bodies 
regarding  rules  on  new  services,  fits  neatly  into  the  operational  framework  of 
Directive 83/189/EEC  as  it  currently  stands,  which  already  provides  for  the 
possibility of consulting experts from  the private sector (Article 6(7)). 

This  possibility  reproduces  in  a  different  form  the  substance  of  amendment  14 
adopted at first reading, which was partly incorporated  into the amended proposal. 

Amendments 3 and 5 

common 

There are already  several  references  to obstacles to the  freedom  of establishment  in 
the 
(concerning  Article  1(11)  of 
Directive 83/189/EEC),  Article  l(5)(a)  (concerning  the  third  indent  of  Article 9(2) 
of Directive 83/189/EEC) and a number of recitals (Nos 8,  12 and  18). 

in  Article  l(2)(c) 

position: 

-3 

These two amendments, therefore,  merely  supplement  the references  to obstacles to 
the freedom  of establishment  in two specific  provisions of the Directive and they are 
consequently  useful  and  relevant  in  terms  of the  legal  consistency  and  precision  of 
the Directive's  substantive provisions. 

They  correspond  in  full  to  amendments  15  and  17 adopted  at  first  reading,  which 
were incorporated  into the amended proposal. 

Amendment 4 

to  rules  on  services,  provides  that  a 
This  amendment,  which 
Member  State which  receives a detailed  opinion  must give reasons  in cases where it 
has not been able to take account of that opinion. 

is  confined 

This amendment  must be seen as a positive development  since it confirms  and spells 
out the general  obligation  on each  Member State to report on the detailed  opinions it 
receives  in  order  to  intensify  the  dialogue  and  enhance  transparency  between 
Member  States  and  the  Commission:  it  underlines  the  spirit  of  cooperation  that 
should be displayed by the Member State directly  concerned where there is a risk of 
a problem arising in connection with the operation of the internal market. 

4-

Amended  proposal 

for a European  Parliament and Council  Directive amending for the third time 
Directive 83/189/EEC laying down a procedure for the provision of information  in 
the field of technical standards and regulations 

-5 

COMMON  POSITION 

AMENDMENTS  BY  PARLIAMENT 

Recital  27 

3a 

(Amendment  1) 

the  Commission  will  at 
27.  Whereas 
regular  intervals  investigate  developments 
in  the  market  for  new  services  in  the  liekl 
of  the  information  society,  especially  in  the 
framework  of  the  convergence  between 
informati on 
telecommunications, 
technology 
and,  whe re 
necessary,  take  initiatives  in  order  to  adapt 
rules  promptly  in  order  to  encourage  the 
European  development  of  new  services; 

and  media 

(Amendment  2) 
Article  l(3a)  (new) 
Article  6(7a)  (new)  (Directive  83/189/EEC) 

3a.  The  following  new  paragraph  7a  shall 
be added  to  Article  6: 

legal  persons 

to  rules  on  services,  the 
"With  respect 
the  Committee  may 
Commission  and 
consult  natural  or 
from 
industry  or  academia,  and,  where  possible, 
representative  bodies,  capable  of  delivering 
an  expert  opinion  on  the  social  and  societal 
aims  and  consequences  of  any  draft  rule  on 
services  and  take  notice  of  their  advice 
whenever  requested  to do  so." 

- 6-

(Amendment  3) 
Article  1(4) 
Article  8(1), sixth  subparagraph  (Directive  83/189/EEC) 

4.  The  sixth  subparagraph  of  Article  8(1)  4. 

shall  be  replaced  by  the  following: 

The  sixth  subparagraph  of  Article  8( 1 ) 
shall  be  replaced  by  the  following: 

to 

respect 

the  second 

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

to 

respect 

the  second 

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

(Amendment  4) 
Article  l(5(a)a) 
Article  9(2)  (Directive  83/189/EEC) 

(a)a 

(a)a:  The  following  sentence  is added  at  the 
end  of  point  (a): 

to  rules  on  services, 

"With  respect 
Member  State  concerned 
where  appropriate 
detailed  opinions  cannot  be 
account,  wherever  this  is the  case." 

the  reasons  why 
taken 

the 
indicate 
the 
into 

shall 

(Amendment  5) 
Article  l(6)(b) 
Article  10(1), sixth  indent  (Directive  83/189/EEC) 

(b)  the  sixth  indent  of  paragraph  1 shall  be 

(b)  the  sixth  indent  of  paragraph  1 shall  be 

replaced  by  the  following: 

themselves 

**-  restrict 
to  amending  a 
technical  regulation  within  the  meaning  of 
point  11  of  Article  1,  in  accordance  with  a 
Commission 
to 
removing  an  obstacle  to  trade  or,  in  the 
free 
case  of  rules  on  services, 
movement  of  services;" 

request,  with  a  view 

the 

to 

replaced  by  the  following: 
themselves 
restrict 

"- 
to  amending  a 
technical  regulation  within  the  meaning  of 
point  11  of  Article  1,  in  accordance  with  a 
Commission 
to 
removing  an  obstacle  to  trade  or,  in  the 
free 
case  of  rules  on  services, 
movement  of  services  or  the  freedom  of 
establishment  for  service  operators;" 

request,  with  a  view 

the 

to 

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ISSN 0254-1475 

COM(98) 349 final 

DOCUMENTS 

EN 

16  15  06 

Catalogue  number  :  CB-CO-98-359-EN-C 

ISBN  92-78-36905-5 

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