COMMON POSITION (EC) No 39/98 adopted by the Council on 8 June 1998 with a view to adopting Directive 98/.../EC of the European Parliament and of the Council of ... on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity
Date: 1998-06-08
Institutions: Council of the European Union
Subjects: EC conformity marking, approximation of laws, harmonisation of standards, quality label, telecommunications equipment

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/37

COMMON  POSITION  (EC)  No  39/98

adopted  by  the  Council  on  8  June  1998

with a view to adopting Directive 98/. . ./EC of the European Parliament and of the Council of
. . . on radio equipment and telecommunications terminal equipment and the mutual recognition
of  their  conformity

(98/C 227/05)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF
THE  EUROPEAN  UNION,

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

(4) Whereas  Directive  98/13/EC (4)  consolidated  the
provisions  relating  to  telecommunications  terminal
equipment  and  satellite  earth  station  equipment,
including  measures  for  the  mutual  recognition  of
their  conformity;

Having  regard  to  the  proposal  from  the  Commission (1),

(5) Whereas that Directive does not cover a substantial

proportion  of  the  radio  equipment  market;

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty (3),

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

referred 

(2) Whereas  in  accordance  with  the  principles  of
subsidiarity 
to
and  proportionality 
in  Article  3b  of  the  Treaty,  the  objective  of
creating  an  open  competitive  single  market  for
be
telecommunications 
sufficiently achieved by the Member States and can
therefore  be  better  achieved  by  the  Community;
whereas  this  Directive  does  not  go  beyond  what  is
necessary  to  achieve  this  aim;

equipment 

cannot 

(3) Whereas  Member  States  may  rely  upon  Article  36
to  exclude  certain  classes  of

the  Treaty 

of 
equipment  from  this  Directive;

(1) OJ  C  248,  14.8.1997,  p.  4.
(2) OJ  C  73,  9.3.1998,  p.  10.
(3) Opinion of the European Parliament of 29 January 1998 (OJ
C 56, 23.2.1998, p. 27), Council common position of 8 June
1998  and  Decision  of  the  European  Parliament  of  . . .  (not
yet  published  in  the  Official  Journal).

(6) Whereas  dual-use  goods  are  subject 

the
Community  regime  of  export  controls  introduced
by  Council  Regulation  (EC)  No  3381/94 (5);

to 

the 

expressions 

‘telecommunications 

(7) Whereas  the  broad  scope  of  this  Directive  requires
‘radio
new  definitions  of 
equipment’  and 
terminal
equipment’;  whereas  a  regulatory  regime  aimed  at
the  development  of  a  single  market  for  radio
equipment 
terminal
equipment  should  permit  investment,  manufacture
and sale to take place at the pace of technology and
market  developments;

telecommunications 

and 

(8) Whereas,  given 

the 

radio 

using 

terminal 

increasing 

equipment 

importance  of
and
telecommunications 
besides
networks 
equipment connected through wired links, any rules
governing the manufacturing, marketing and use of
radio  equipment  and  telecommunications  terminal
equipment  should  cover  both  classes  of  such
equipment;

transmission 

to  voice 

(9) Whereas  Directive  98/10/EC  of  the  European
Parliament and of the Council of 26 February 1998
on  the  application  of  open  network  provision
(ONP) 
telephony  and  on  universal
service  for  telecommunications  in  a  competitive
environment (6) 
regulatory
authorities  to  ensure  the  publication  of  details  of
technical interface specifications for network access
for  the  purpose  of  ensuring  a  competitive  market
for  the  supply  of  terminal  equipment;

calls  on  national 

(4) OJ  L  74,  12.3.1998,  p.  1.
(5) OJ  L  367,  31.12.1994,  p.  1.
(6) OJ  L  101,  1.4.1998,  p.  24.

C 227/38

EN

Official  Journal  of  the  European  Communities

20.7.98

(10) Whereas 

the  objectives  of  Council  Directive
73/23/EEC  of  19  February  1973  on 
the
harmonisation  of  the  laws  of  the  Member  States
relating  to  electical  equipment  designed  for  use
within  certain  voltage  limits (1)  are  sufficient  to
cover  radio  equipment  and  telecommunications
terminal equipment, but with no lower voltage limit
applying;

(11) Whereas  the  electromagnetic  compatibility  related
protection  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  compatibility (2)  are
sufficient 
and
cover 
telecommunications  terminal  equipment;

equipment 

radio 

to 

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

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

requirements  must  be 

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

(15) Whereas 

important 

telecommunications  are 

to
the  well-being  and  employment  of  people  with
disabilities who represent a substantial and growing
proportion  of  the  population  of  Europe;  whereas
radio  equipment  and  telecommunications  terminal
equipment  should  therefore  in  appropriate  cases  be
designed  in  such  a  way  that  disabled  people  may
use  it  without  or  with  only  minimal  adaptation;

(16) Whereas  radio  equipment  and  telecommunications
terminal  equipment  can  provide  certain  functions
required  by  emergency  services;

(17) Whereas  some  features  may  have  to  be  introduced
on  the  radio  equipment  and  telecommunications
terminal  equipment 
the
infringement  of  personal  data  and  privacy  of  the
user  and  of  the  subscriber  and/or  the  avoidance  of
fraud;

to  prevent 

in  order 

(18) Whereas  in  some  cases  interworking  via  networks
with  other  apparatus  within  the  meaning  of  this
Directive  and  connection  with  interfaces  of  the
appropriate  type  throughout  the  Community  may
be necessary;

(19) Whereas  it  should  therefore  be  possible  to  identify
and  add  specific  essential  requirements  on  user
privacy, features for users with a disability, features
for 
for
avoidance  of  fraud;

services  and/or 

emergency 

features 

(20) Whereas  it  is  recognised  that  in  a  competitive
certification  and  marking
market,  voluntary 
schemes  developed  by  consumer  organisations,
manufacturers,  operators  and  other 
industry
actors  contribute  to  quality  and  are  a  useful
means  of 
in
telecommunications  products  and  services;  whereas
Member States may support such schemes; whereas
such  schemes  should  be  compatible  with  the
competition  rules  of  the  Treaty;

improving  consumers’  confidence 

(21) Whereas  unacceptable  degradation  of  service  to
persons other than the user of radio equipment and
telecommunications  terminal  equipment  should  be
prevented;  whereas  manufacturers  of  terminals
should  construct  equipment 
in  a  way  which
prevents  networks  from  suffering  harm  which
results  in  such  degradation,  when  used  under
normal  operating  conditions;  whereas  network
operators should construct their networks in a way
that  does  not  oblige  manufacturers  of  terminal
equipment  to  take  disproportionate  measures  to
prevent  networks  from  being  harmed;  whereas  the
European  Telecommunications  Standards  Institute
(ETSI)  should  take  due  account  of  this  objective
when  developing  standards  concerning  access  to
public  networks;

(22) Whereas  effective  use  of  the  radio  spectrum  should
be  ensured  so  as  to  avoid  harmful  interference;
whereas  the  most  efficient  possible  use,  according
to  the  state  of  the  art,  of  limited  resources  such
frequency  spectrum  should  be
as 
encouraged;

the  radio 

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

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

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

Directive 93/68/EEC.

(23) Whereas  harmonised  interfaces  between  terminal
equipment 
telecommunications  networks
contribute  to  promoting  competitive  markets  both
for  terminal  equipment  and  network  services;

and 

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/39

(24) Whereas, 

of 

the 

technical 

however, 

operators 

characteristics  of 

public
telecommunications  networks  should  be  able  to
define 
their
interfaces,  subject  to  the  competition  rules  of  the
Treaty;  whereas,  accordingly,  they  should  publish
accurate  and  adequate  technical  specifications  of
such  interfaces  so  as  to  enable  manufacturers  to
design 
terminal  equipment
which  satisfies  the  requirements  of  this  Directive;

telecommunications 

telecommmunications 

(25) Whereas,  nevertheless,  the  competition  rules  of  the
Treaty  and  Commission  Directive  88/301/EEC  of
16  May  1988  on  competition  in  the  markets
terminal  equipment (1)
in 
establish  the  principle  of  equal,  transparent  and
technical
non-discriminatory 
specifications  having 
implications;
whereas  therefore  it  is  the  task  of  the  Community
and  the  Member  States,  in  consultation  with  the
economic  players,  to  ensure  that  the  regulatory
framework  created  by  this  Directive  is  fair;

treatment  of  all 
regulatory 

(26) Whereas 

it 

is 

the 

task  of 

the  European
standardisation  organizations,  notably  ETSI,  to
ensure that harmonised standards are appropriately
updated  and  drafted  in  a  way  which  allows  for
unambiguous  interpretation;  whereas  maintenance,
interpretation  and  implementation  of  harmonised
standards  constitute  very  specialised  areas  of
increasing  technical  complexity;  whereas  those
tasks  require  the  active  participation  of  experts
drawn 
the  economic  players;
whereas in some circumstances it may be necessary
interpretation  of  or
to  provide  more  urgent 
corrections 
is
possible  through  the  normal  procedures  of  the
European  standardisation  organisations  operating
in  conformity  with  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 (2);

to  harmonised  standards 

from  amongst 

than 

(27) Whereas 

level 

in  the  public 

is 
standards  at  European 

interest  to  have
it 
harmonised 
in
connection  with  the  design  and  manufacture  of
radio  equipment  and  telecommunications  terminal
equipment;  whereas 
such
harmonised  standards  gives  rise  to  a  presumption
of  conformity 
requirements;
whereas  other  means  of  demonstrating  conformity
to  the  essential  requirements  are  permitted;

compliance  with 

the  essential 

to 

(28) Whereas 

the  assignment  of  equipment  class
identifiers  should  draw  on 
the  expertise  of
CEPT/ERC and of the relevant European standards
bodies  in  radio  matters;  whereas  other  forms  of

(1) OJ  L  131,  27.5.1988,  p.  73.  Directive  as  amended  by

Directive  94/46/EC  (OJ  L  268,  19.10.1994,  p.  15).

(2) OJ  L  109,  26.4.1983,  p.  8.  Directive  as  last  amended  by
Commission  Decision  96/139/EC  (OJ  L  32,  10.2.1996,
p.  31).

cooperation  with  those  bodies  is  to  be  encouraged
where  possible;

(29) Whereas,  in  order  to  enable  the  Commission  to
monitor  market  control  effectively,  the  Member
States  should  provide  the  relevant  information
concerning 
inadequate  or
incorrectly  applied  harmonised  standards,  notified
bodies  and  surveillance  authorities;

interfaces, 

types  of 

(30) Whereas notified bodies and surveillance authorities
should  exchange  information  on  radio  equipment
and telecommunications terminal equipment with a
view to efficient surveillance of the market; whereas
such  cooperation  should  make  the  utmost  use  of
electronic  means;  whereas, 
in  particular,  such
cooperation  should  enable  national  authorities  to
be informed about radio equipment placed on their
frequency  bands  not
market  operating 
harmonised  in  the  Community;

in 

(31) Whereas  manufacturers  should  notify  Member
States  of  their  intention  to  place  radio  equipment
on  the  market  using  frequency  bands  whose  use  is
not  harmonised 
the  Community;
throughout 
whereas  Member  States  therefore  need  to  put  in
place  procedures  for  such  notification;  whereas
such  procedures  should  be  proportionate  and
should  not  constitute  a  conformity  assessment
procedure  additional  to  those  provided  for  in
Annexes  IV  or  V;  whereas  it  is  desirable  that  those
notification  procedures  should  be  harmonised  and
preferably  implemented  by  electronic  means  and
one-stop-shopping;

(32) Whereas  radio  equipment  and  telecommunications
the
terminal  equipment  which  complies  with 
relevant  essential  requirements  should  be  permitted
to  circulate  freely;  whereas  such  equipment  should
be  permitted  to  be  put  into  service  for  its  intended
purpose;  whereas  the  putting  into  service  may  be
subject  to  authorisations  on  the  use  of  the  radio
spectrum  and 
service
concerned;

the  provision  of 

the 

to 

the 

include  a 

remain  within 

(33) Whereas  radio  frequencies  are  allocated  nationally
and,  to  the  extent  that  they  have  not  been
harmonised, 
exclusive
competence  of  the  Member  States;  whereas  it  is
necessary 
safeguard  provision
in  conformity  with
permitting  Member  States, 
Article  36  of  the  Treaty,  to  prohibit,  restrict  or
require  the  withdrawal  from  its  market  of  radio
it
equipment  which  has  caused,  or  which 
harmful
reasonably 
interference;  whereas  interference  with  nationally
allocated  radio  frequencies  constitutes  a  valid
ground  for  Member  States  to  take  safeguard
measures;

considers  will 

cause, 

(34) Whereas  manufacturers  are 

liable  for  damage
caused  by  defective  apparatus  according  to  the

C 227/40

EN

Official  Journal  of  the  European  Communities

20.7.98

provisions  of  Council  Directive  85/374/EEC (1);
whereas  without  prejudice  to  any  liability  on  the
part  of  the  manufacturer,  any  person  who  imports
apparatus  into  the  Community  for  sale  in  the
course  of  his  business  is  liable  according  to  that
Directive; whereas the manufacturer, his authorised
representative  or  the  person  responsible  for  placing
the  apparatus  on  the  Community  market  is  liable
according  to  the  rules  of  the  law  of  contractual  or
non-contractual  liability  in  the  Member  States;

(35) Whereas  the  measures  which  are  appropriate  to  be
taken  by  the  Member  States  or  the  Commission
where  apparatus  declared  to  be  compliant  with  the
provisions  of  this  Directive  causes  serious  damage
to  a  network  or  harmful  radio  interference  shall
be  determined  in  accordance  with  the  general
principles  of  Community  law,  in  particular,  the
principles  of  objectivity,  proportionality  and
non-discrimination;

(36) Whereas  on  22  July  1993  the  Council  adopted
Decision  93/465/EEC  concerning  the  modules  for
the  various  phases  of  the  conformity  assessment
procedures  and  the  rules  for  the  affixing  and  the
use  of  CE  conformity  marking  which  are  intended
to  be  used 
technical  harmonisation
directives (2);  whereas  the  applicable  conformity
assessment  procedures  should  preferably  be  chosen
from  among  the  available  modules  laid  down  by
that  Decision;

the 

in 

majority  ownership  or  effectively  controlled  by
nationals  of  the  third  countries  concerned;

(40) Whereas  it  is  desirable  to  establish  a  committee
bringing  together  parties  directly  involved  in  the
implementation  of  regulation  of  radio  equipment
and  telecommunications  terminal  equipment,  in
particular 
the  national  conformity  assessment
bodies  and  national  bodies  responsible  for  market
surveillance,  in  order  to  assist  the  Commission
in  achieving  a  harmonised  and  proportionate
application  of  the  provisions  so  as  to  meet  the
needs  of  the  market  and  the  public  at  large;
whereas 
telecommunications
operators,  users,  consumers,  manufactures  and
service  providers  should  be  consulted  where
appropriate;

representatives  of 

(41) Whereas the Commission should keep under review
the implementation and practical application of this
and  other  relevant  Directives  and  take  steps  to
ensure  coordination  of  the  application  of  all
relevant Directives in order to avoid disturbance to
telecommunications  equipment  which  affects  the
health  of  humans  or  is  harmful  to  property;

in  due  course 

(42) Whereas the functioning of this Directive should be
reviewed 
light  of  the
development  of  the  telecommunications  sector  and
of  experience  gained  from  application  of  the
conformity
essential 
requirement 
assessment  procedures  provided 
this
Directive;

in  the 

and 

the 

for 

in 

(37) Whereas  Member  States  may  request  that  notified
bodies 
surveillance
authorities  be  accredited  according  to  appropriate
European  standards;

they  designate  and 

their 

and 

telecommunications 

(38) Whereas  it  is  appropriate  that  compliance  of  radio
equipment 
terminal
equipment  with  the  requirements  of  Directives
73/23/EEC  and  89/336/EEC  may  be  demonstrated
using  the  procedures  specified  in  those  Directives
where the apparatus is within their scope; whereas,
as  a  result, 
in
Article 10(1) of Directive 89/336/EEC may be used
where  the  application  of  harmonised  standards
gives  rise  to  a  presumption  of  conformity  with  the
protection  requirements;  whereas  the  procedure
provided  for  in  Article  10(2)  may  be  used  where
the  manufacturer  has  not  applied  harmonised
standards  or  where  no  such  standards  exist;

the  procedure  provided 

for 

(39) Whereas  Community  undertakings  should  have
effective  and  comparable  access  to  third  countries’
markets  and  enjoy  treatment  in  third  countries
similar  to  that  offered 
in  the  Community  to
undertakings  owned  wholly,  controlled  through

(1) OJ  L  210,  7.8.1985,  p  29.
(2) OJ  L  220,  30.8.1993,  p.  23.

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

(44) Whereas this Directive replaces Directive 98/13/EC,
which  should  accordingly  be  repealed;  whereas
Directives  73/23/EEC  and  89/336/EEC  will  no
longer  apply  to  apparatus  within  the  scope  of  this
Directive,  with  the  exception  of  protection  and
safety 
conformity
and 
requirements 
assessment  procedures,

certain 

HAVE  ADOPTED  THIS  DIRECTIVE:

CHAPTER  I

GENERAL  ASPECTS

Article  1

Scope  and  aim

This  Directive  establishes  a  regulatory  framework
1.
for the placing on the market, free movement and putting
into  service  in  the  Community  of  radio  equipment  and
telecommunications  terminal  equipment.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/41

2. Where  apparatus  as  defined 
incorporates,  as  an  integral  part,  or  as  an  accessory:

in  Article  2(a)

(b)

(a) a  medical  device  within  the  meaning  of  Article  1  of
Council  Directive  93/42/EEC  of  14  June  1993
concerning  medical  devices (1);  or

(b) an  active  implantable  medical  device  within  the
meaning  of  Article  1  of  Council  Directive  90/385/
EEC of 20 June 1990 on the approximation of the laws
of  the  Member  States  relating  to  active  implantable
medical devices (2),

the apparatus shall be governed by this Directive, without
prejudice  to  the  application  of  Directives  93/42/EEC  and
90/385/EEC  to  medical  devices  and  active  implantable
medical devices, respectively.

3. Where  apparatus  constitutes  a  component  or  a
separate technical unit of a vehicle within the meaning of
Council  Directive  72/245/EEC (3)  relating  to  the  radio
interference (electromagnetic compatibility) of vehicles or
a  component  or  a  separate  technical  unit  of  a  vehicle
within  the  meaning  of  Article  1  of  Council  Directive
92/61/EEC of 30 June 1992 relating to the type-approval
of  two  or  three-wheel  motor  vehicles (4),  the  apparatus
shall  be  governed  by  this  Directive  without  prejudice  to
the  application  of  Directive  72/245/EEC  or  of  Directive
92/61/EEC respectively.

This Directive shall not apply to equipment listed in

4.
Annex  I.

This  Directive  shall  not  apply 

5.
to  apparatus
exclusively  used  for  activities  concerning  public  security,
defence, State security (including the economic well-being
of  the  State  in  the  case  of  activities  pertaining  to  State
security matters) and the activities of the State in the area
of  criminal  law.

Article  2

Definitions

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

(a)

‘apparatus’  means  any  equipment  that  is  either
radio  equipment  or  telecommunications  terminal
equipment  or  both;

(1) OJ  L  169,  12.7.1993,  p.  1.
(2) OJ  L  189,  20.7.1990,  p.  17.  Directive  as  amended  by

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

(3) OJ  L  152,  6.7.1972,  p.  15.  Directive  as  last  amended  by
Commission  Directive  95/54/EC  (OJ  L  266,  8.11.1995,
p.  1).

(4) OJ  L  225,  10.8.1992,  p.  72.  Directive  as  amended  by  the

1994  Act  of  Accession.

‘telecommunications  terminal  equipment’  means  a
product  or  relevant  component  thereof  which  is
intended  to  be  connected  by  any  means  whatsoever
to  interfaces  of  public  telecommunications  networks
(that  is  to  say,  telecommunications  networks  used
wholly  or  partly  for  the  provision  of  publicly
available telecommunications services);

(c)

‘radio  equipment’  means  a  product,  or  relevant
component  thereof,  capable  of  communication  by
means  of  the  emission  and/or  reception  of  radio
waves  utilising  the  spectrum  allocated  to  terrestrial/
space radiocommunication;

(d)

‘radio  waves’  means  electromagnetic  waves  of
frequencies from 9 kHz to 3 000 GHz, propagated in
space  without  artificial  guide;

(e)

‘interface’ means

(i) a network termination point, which is a physical
connection  point  at  which  a  user  is  provided
with  access 
telecommunications
network,  and/or

to  public 

(ii) an  air 

interface  specifying  the  radio  path

between  radio  equipment,

and  their  technical  specifications;

‘equipment class’ means a class identifying particular
types  of  apparatus  which  under  this  Directive  are
considered similar and those interfaces for which the
apparatus  is  designed.  Apparatus  may  belong  to
more  than  one  equipment  class;

‘technical  construction  file’  means  a  file  describing
the  apparatus  and  providing 
information  and
explanations  as  to  how  the  applicable  essential
requirements  have  been  implemented;

a 

‘harmonised 
technical
standard’  means 
specification adopted by a recognised standards body
in
from 
under  a  mandate 
conformity  with  the  procedures 
in
Directive 83/189/EEC for the purpose of establishing
a  European  requirement,  compliance  with  which  is
not  compulsory.

the  Commission 
laid  down 

interference’  means 

‘harmful 
interference  which
endangers  the  functioning  of  a  radionavigation
service or of other safety services or which otherwise
seriously  degrades,  obstructs  or  repeatedly  interrupts
in
a 
accordance  with  the  applicable  Community  or
national regulations.

radiocommunications 

operating 

service 

(f)

(g)

(h)

(i)

Article  3

Essential  requirements

The  following  essential  requirements  are  applicable

1.
to  all  apparatus:

C 227/42

EN

Official  Journal  of  the  European  Communities

20.7.98

(a)

(b)

the  objectives  with  respect  to  safety  requirements
contained in Directive 73/23/EEC, but with no lower
voltage limit applying;

the  protection 
to
electromagnetic  compatibility  contained  in  Directive
89/336/EEC;

requirements  with 

respect 

(c) prevention of harm to the network or its functioning
which  causes  an  unacceptable  degradation  of  service
to  persons  other  than  the  user  of  the  apparatus.

In addition, radio equipment shall be so constructed
to
it  effectively  uses 
the  spectrum  allocated 
communication  and  orbital

2.
that 
terrestrial/space 
resources  so  as  to  avoid  harmful  interference.

radio 

In  accordance  with  the  procedure  laid  down  in
3.
Article  14,  the  Commission  may  decide  that  apparatus
within  certain  equipment  classes  shall  be  so  constructed
that:

(a)

it  can  be  connected  to 

it interworks via networks with other apparatus and
that 
interfaces  of  the
appropriate  type  throughout  the  Community;  and/or
that

(b)

it incorporates safeguards to ensure that the personal
data and privacy of the user and of the subscriber is
protected;  and/or  that

(c)

it  supports  certain  features  ensuring  avoidance  of
fraud;  and/or  that

(d)

it  incorporates  certain  features  ensuring  access  to
emergency  services;  and/or  that

(e) particular types of apparatus support certain features
in  order  to  facilitate  its  use  by  users  with  a
disability.

Article  4

Notification  and  publication  of  interface  specifications

1. Member States shall notify the interfaces which they
have  regulated  to  the  Commission  in  so  far  as  the  said
interfaces  have  not  been  notified  under  the  provisions  of
Directive 83/189/EEC. After consulting the Committee in
accordance  with  the  procedure  set  out  in  Article  14,  the
Commission  shall  establish  the  equivalence  between
notified 
interfaces  and  assign  an  equipment  class
identifier,  details  of  which  shall  be  published  in  the
Official  Journal  of  the  European  Communities.

2.
Each  Member  State  shall  notify  to  the  Commission
the types of interface offered in that State by operators of
public  telecommunications  networks.  Member  States

shall  ensure  that  such  operators  publish  accurate  and
adequate technical specifications of such interfaces before
services  provided  through  those  interfaces  are  made
publicly  available,  and  regularly  publish  any  updated
specifications.  The  specifications  shall  be  in  sufficient
detail  to  permit  the  design  of  telecommunications
terminal  equipment  capable  of  utilising  all  services
provided 
interface.  The
specifications  shall  include,  inter  alia,  all  the  information
necessary  to  allow  manufacturers  to  carry  out,  at  their
choice,  the  relevant  tests  for  the  essential  requirements
applicable to the telecommunications terminal equipment.
Member  States  shall  ensure  that  those  specifications  are
made  readily  available  by  the  operators.

the  corresponding 

through 

Article  5

Harmonised  standards

1. Where  apparatus  meets  the  relevant  harmonised
standards or parts thereof 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 as are covered by the said harmonised standards
or  parts  thereof.

ensure 

2. Where  a  Member  State  or 
the  Commission
considers  that  conformity  with  a  harmonised  standard
essential
does  not 
requirements  referred  to  in  Article  3  which  the  said
standard  is  intended  to  cover,  the  Commission  or  the
Member State concerned shall bring the matter before the
Committee.

compliance  with 

the 

consulting 

The  Commission  may,  after 

3.
the
Committee  and  in  accordance  with  the  procedure  laid
down in Article 13, issue guidelines on the interpretation
list  of
of  the  harmonised  standard  and  publish  a 
corrections  to  the  harmonised  standard  pending  formal
correction of the harmonised standard. After consultation
of  the  Committee  and  in  accordance  with  the  procedure
laid  down  in  Article  13,  the  Commission  may  withdraw
harmonised  standards  by  publication  of  a  notice  in  the
Official  Journal  of  the  European  Communities.

Article  6

Placing  on  the  market

1. Member States shall ensure that apparatus is placed
on  the  market  only  if  it  complies  with  the  appropriate
essential  requirements  identified  in  Article  3  and  the
other  relevant  provisions  of  this  Directive  when  it  is
properly  installed  and  maintained  and  used  for  its
intended  purpose.  It  shall  not  be  subject  to  further
national  provisions  in  respect  of  placing  on  the  market.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/43

the  date  of  application  of 

In  taking  a  decision  regarding  the  application  of
2.
essential requirements under Article 3(3) the Commission
shall  determine 
the
requirements.  If  it  is  determined  that  an  equipment  class
needs  to  comply  with  particular  essential  requirements
under  Article  3(3),  any  apparatus  of  the  equipment  class
in question which is first placed on the market before the
date  of  application  of  the  Commission’s  determination
can continue to be placed on the market for a reasonable
period.  Both  the  date  of  application  and  the  period  shall
be determined by the Commission in accordance with the
procedure  laid  down  in  Article  13.

3. Member  States  shall  ensure  that  the  manufacturer
or  the  person  responsible  for  placing  the  apparatus  on
the  market  provides  information  for  the  user  on  the
intended  use  of  the  apparatus,  together  with  the
declaration  of  conformity  to  the  essential  requirements.
Where  it  concerns  radio  equipment,  such  information
shall  be  sufficient  to  identify  on  the  packaging  and  the
instructions  for  use  of  the  apparatus  the  Member  States
or  the  geographical  area  within  a  Member  State  where
the  equipment  is  intended  to  be  used  and  shall  alert  the
user  by  the  making  on  the  apparatus  referred  to  in
Annex  VII,  paragraph  5,  to  potential  restrictions  or
requirements  for  authorisation  of  use  of  the  radio
equipment 
it
concerns  telecommunications  terminal  equipment,  such
information  shall  be  sufficient  to  identify  interfaces  of
the  public  telecommunications  networks  to  which  the
equipment is intended to be connected. For all apparatus
such  information  shall  be  prominently  displayed.

certain  Member  States.  Where 

in 

4.
In  the  case  of  radio  equipment  using  frequency
bands  whose  use  is  not  harmonised  throughout  the
Community, 
the  manufacturer  or  his  authorised
representative  established  within  the  Community  or  the
person  responsible  for  placing  the  equipment  on  the
market  shall  notify  the  national  authority  responsible  in
the  relevant  Member  State  for  spectrum  management  of
the  intention  to  place  such  equipment  on  its  national
market.

This notification shall be given no less than four weeks in
advance  of  the  start  of  placing  on  the  market  and  shall
provide information about the radio characteristics of the
frequency  bands,  channel
equipment 
spacing,  type  of  modulation  and  RF-power)  and  the
identification  number  of  the  notified  body  referred  to  in
Annex  IV  or  V.

(in  particular 

Article  7

Putting  into  service  and  right  to  connect

1. Member  States  shall  allow  the  putting  into  service
of  apparatus  for  its  intended  purpose  where  it  complies
with  the  appropriate  essential  requirements  identified
in  Article  3  and  the  other  relevant  provisions  of  this
Directive.

and  without
2. Notwithstanding  paragraph  1, 
prejudice to conditions attached to authorisations for the
provision  of  the  service  concerned  in  conformity  with
Community  law,  Member  States  may  restrict  the  putting
into  service  of  radio  equipment  only  for  reasons  related
to  the  effective  and  appropriate  use  of  the  radio
spectrum,  avoidance  of  harmful  interference  or  matters
relating  to  public  health.

3. Without  prejudice  to  paragraph  4,  Member  States
shall  ensure  that  operators  of  public  telecommunications
networks  do  not  refuse  to  connect  telecommunications
terminal equipment to appropriate interfaces on technical
grounds  where 
the
applicable  requirements  of  Article  3.

that  equipment  complies  with 

interference  or  harm  to  the  network  or 

4. Where  a  Member  State  considers  that  apparatus
declared  to  be  compliant  with  the  provisions  of  this
Directive causes serious damage to a network or harmful
radio 
its
functioning,  the  operator  may  be  authorised  to  refuse
connection,  to  disconnect  such  apparatus  or  withdraw  it
from  service.  The  Member  States  shall  notify  each  such
authorisation  to  the  Commission,  which  shall  convene  a
meeting  of  the  Committee  for  the  purpose  of  giving  its
opinion  on  the  matter.  After  the  Committee  has  been
consulted,  the  Commission  may  initiate  the  procedures
referred  to  in  Articles  5(2)  and  5(3).  The  Commission
and  the  Member  States  may  also  take  other  appropriate
measures.

Article  8

Safeguards

1. Where  a  Member  State  ascertains  that  apparatus
within  the  scope  of  this  Directive  does  not  comply  with
the  requirements  of  this  Directive,  it  shall  take  all
appropriate  measures  in  its  territory  to  withdraw  the
apparatus  from  the  market  or  from  service,  prohibit  its
placing  on  the  market  or  putting  into  service  or  restrict
its  free  movement.

2.
The  Member  State  concerned  shall  immediately
notify the Commission which, in turn, shall inform other
Member  States  of  any  such  measures  indicating  the
reasons  for  its  decision  and  whether  non-compliance  is
due  to:

(a)

incorrect  application  of  the  harmonised  standards
referred  to  in  Article  5(1);

(b) shortcomings  in  the  harmonised  standards  referred

to  in  Article  5(1);

(c)

failure  to  satisfy  the  requirements  referred  to  in
Article  3  where  the  apparatus  does  not  meet  the
harmonised  standards  referred  to  in  Article  5(1).

C 227/44

EN

Official  Journal  of  the  European  Communities

20.7.98

If  the  measures  referred  to  in  paragraph  1  are
3.
attributed  to  incorrect  application  of  the  harmonised
standards  referred  to  in  Article  5(1)  or  to  failure  to
satisfy the requirements referred to in Article 3 where the
apparatus  does  not  meet  the  harmonised  standards
referred  to  in  Article  5(1),  the  Commission  shall  consult
the  parties  concerned  as 
soon  as  possible.  The
Commission shall forthwith inform the Member States of
its findings and of its opinion as to whether the measures
are  justified,  within  two  months  of  notification  of  the
said  measures  to  the  Commission.

4. Where  the  decision  referred  to  in  paragraph  1  is
attributed  to  shortcomings  in  the  harmonised  standards
referred to in Article 5(1), 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  13.  After  such
consultation,  the  Commission  shall  inform  the  Member
States of its findings and of its opinion as to whether the
action by the Member State is justified. If it finds that the
action  is  justified  it  shall  forthwith  initiate  the  procedure
referred  to  in  Article  5(2).

5. (a) Notwithstanding  the  provisions  of  Article  6,  a
Member State may, acting in conformity with the
Treaty,  and  in  particular  Articles  30  and  36
thereof,  adopt  any  appropriate  measures  with  a
view  to:

(i) prohibiting  or  restricting  the  placing  on  its

market;  and/or

(ii)

requiring  the  withdrawal  from  its  market;

of  radio  equipment,  including  types  of  radio
equipment,  which  has  caused  or  which 
it
reasonably 
harmful
considers  will 
interference,  including  interference  with  existing
or  planned  services  on  nationally  allocated
frequency  bands.

cause 

(b) Where  a  Member  State 

in
accordance  with 
shall
immediately  inform  the  Commission  of  the  said
measures,  specifying  the  reasons  for  adopting
them.

takes  measures 
(a) 

subparagraph 

it 

The  Commission  shall  maintain  a  record  of  the
6.
cases  notified  by  Member  States,  which  shall  be  made
available  to  them  on  request.

CHAPTER  II

CONFORMITY  ASSESSMENT

Article  9

Conformity  assessment  procedures

1.
The  conformity  assessment  procedures  identified  in
this  Article  shall  be  used  to  demonstrate  the  compliance

the  apparatus  with  all 
of 
requirements  identified  in  Article  3.

the  relevant  essential

As  an  alternative  to  the  procedures 

2.
laid  out
below,  compliance  of  the  apparatus  with  the  essential
requirements identified in Articles 3(1)(a) and (b) may be
demonstrated  using  the  procedures  specified  in  Directive
73/23/EEC and Directive 89/336/EEC respectively, where
the  apparatus  is  within  the  scope  of  those  Directives.

Telecommunications 

3.
terminal  equipment  which
does  not  make  use  of  the  spectrum  allocated  to
terrestrial/space radio communication and receiving parts
of  radio  equipment  shall  be  subject  to  the  procedures
described in any one of Annexes II, IV or V at the choice
of  the  manufacturer.

4. Where  a  manufacturer  has  applied  the  harmonised
standards referred to in Article 5(1), radio equipment not
within  the  scope  of  paragraph  3  shall  be  subject  to  the
procedures  described  in  any  one  of  Annexes  III,  IV  or  V
at  the  choice  of  the  manufacturer.

5. Where  a  manufacturer  has  not  applied  or  has  only
applied  in  part  the  harmonised  standards  referred  to  in
Article  5(1),  radio  equipment  not  within  the  scope  of
paragraph  3  of  this  Article  shall  be  subject  to  the
procedures described in either of Annexes IV or V at the
choice  of  the  manufacturer.

the
6.
Records  and  correspondence 
in
conformity  assessment  procedures 
paragraphs  2  to  5  shall  be  in  an  official  language  of  the
Member State where the procedure will be carried out, or
in  a  language  accepted  by  the  notified  body  involved.

relating 
referred 

to 
to 

Article  10

Notified  bodies  and  surveillance  authorities

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

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

The  Commission  shall  publish  a  list  of  the  notified
3.
bodies, together with their identification numbers and the
tasks  for  which  they  have  been  notified,  in  the  Official
Journal  of  the  European  Communities.  The  Commission
shall  also  publish  a  list  of  surveillance  authorities  in  the
Official  Journal  of  the  European  Communities.  Member
States shall provide the Commission with all information
necessary  to  keep  these  lists  up  to  date.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/45

CHAPTER  III

CE  CONFORMITY  MARKING  AND  INSCRIPTIONS

Market  Surveillance  Committee  (TCAM),  composed  of
representatives  of  the  Member  States  and  chaired  by  a
representative  of  the  Commission.

Article  11

CE  marking

Article  13

Advisory  committee  procedure

1.
Apparatus  complying  with  the  relevant  essential
requirements  shall  bear  the  CE  conformity  marking
referred  to  in  Annex  VII.  It  shall  be  affixed  under  the
the  manufacturer,  his  authorised
responsibility  of 
representative  within  the  Community  or  the  person
responsible  for  placing  the  apparatus  on  the  market.

the  marking  shall  be  accompanied  by 

Where the procedures identified in Annex III, IV or V are
used, 
the
identification  number  of  the  notified  body  referred  to  in
Article  10(1).  Radio  equipment  shall  in  addition  be
accompanied by the equipment class identifier where such
identifier  has  been  assigned.  Any  other  marking  may  be
affixed  to  the  equipment  provided  that  the  visibility  and
legibility  of  the  CE  marking  is  not  thereby  reduced.

2. No  apparatus,  whether  or  not  it  complies  with  the
relevant  essential  requirements,  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  VII.

3.
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, appropriate action
may  be  taken  against  the  holder  of  the  apparatus  at  the
time  when  non-compliance  was  discovered.

1.
The  Committee  shall  be  consulted  on  the  matters
covered  by  Articles  5,  6(2),  7(4),  8(4)  and  Annex
VII(5).

2.
The  Commission  shall  consult  the  Committee
periodically  on  the  surveillance  tasks  related  to  the
application  of  this  Directive,  and,  where  appropriate,
issue  guidelines  on  this  matter.

3.
The  representative  of  the  Commission  shall  submit
to  the  Committee  a  draft  of  the  measures  to  be  taken.
The  Committee  shall  deliver  its  opinion  on  the  draft
within  a  time  limit  which  the  Chairman  may  lay  down
according  to  the  urgency  of  the  matter,  if  necessary  by
taking  a  vote.

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

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

Apparatus  shall  be  identified  by  the  manufacturer
4.
by means of type, batch and/or serial numbers and by the
name  of  the  manufacturer  or  the  person  responsible  for
placing  the  apparatus  on  the  market.

4.
The  Commission  shall  periodically  consult  the
telecommunications  networks
representatives  of 
providers,  the  consumers  and  the  manufacturers.  It  shall
keep the Committee regularly informed of the outcome of
such  consultations.

the 

CHAPTER  IV

THE  COMMITTEE

Article  12

Constitution  of  the  Committee

The  Commission  shall  be  assisted  by  a  committee,
the  Telecommunication  Conformity  Assessment  and

Article  14

Regulatory  committee  procedure

1. Notwithstanding  the  provisions  of  Article  13,  the
following  procedure  shall  apply  in  respect  of  the  matters
covered  by  Articles  3(3)  and  4(1).

The  representative  of  the  Commission  shall  submit
2.
to  the  Committee  a  draft  of  the  measures  to  be  taken.
The  Committee  shall  deliver  its  opinion  on  the  draft
within  a  time  limit  which  the  Chairman  may  lay  down

C 227/46

EN

Official  Journal  of  the  European  Communities

20.7.98

according  to  the  urgency  of  the  matter.  The  opinion
shall  be  delivered  by  the  majority 
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.

laid  down 

The  Commission 

the  measures
3.
envisaged  if  they  are  in  accordance  with  the  opinion  of
the  Committee.

shall  adopt 

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

If,  on  the  expiry  of  a  period  of  three  months  from  the
date  of  referral  to  the  Council,  the  Council  has  not
acted,  the  proposed  measures  shall  be  adopted  by  the
Commission.

CHAPTER  V

FINAL  AND  TRANSITIONAL  PROVISIONS

Article  15

Third  countries

1. Member  States  may  inform  the  Commission  of  any
general  difficulties  encountered,  de  jure  or  de  facto,  by
Community  undertakings  with  respect  to  placing  on  the
market  in  third  countries,  which  have  been  brought  to
their  attention.

2. Whenever  the  Commission  is  informed  of  such
difficulties,  it  may,  if  necessary,  submit  proposals  to  the
Council  for  an  appropriate  mandate  for  negotiation  of
comparable  rights  for  Community  undertakings  in  these
third  countries.  The  Council  shall  decide  by  qualified
majority.

3. Measures  taken  pursuant  to  paragraph  2  shall  be
without  prejudice  to  the  obligations  of  the  Community
and  of  the  Member  States  under  relevant  international
agreements.

Article  16

Review  and  reporting

and  to  the  Council,  on  the  first  occasion  not  later  than
. . . (*)  and  every  third  year  thereafter.  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  apparatus  at
Community  level.  It  shall  in  particular  examine  whether
essential requirements are still necessary for all categories
of  apparatus  covered  and  whether  the  procedures
are
IV, 
contained 
proportionate  to  the  aim  of  ensuring  that  the  essential
requirements  are  met  for  apparatus  covered  by  that
Annex.  Where  necessary,  further  measures  may  be
proposed in the report for full implementation of the aim
of  the  Directive.

third  paragraph, 

in  Annex 

Article  17

Transitional  provisions

1.
Standards  under  Directive  73/23/EEC  or  89/336/
EEC  whose  reference  have  been  published  in  the Official
Journal  of  the  European  Communities  may  be  used  as
the  basis  for  a  presumption  of  conformity  with  the
essential  requirements  referred  to  in  Article  3(1)(a)  and
Article  3(1)(b).  Common  technical  regulations  under
Directive 98/13/EC whose references have been published
in  the  Official  Journal  of  the  European  Communities
may be used as the basis for a presumption of conformity
with  the  other  relevant  essential  requirements  referred  to
in  Article  3.  The  Commission  shall  publish  a  list  of
references  to  those  standards  in  the  Official  Journal  of
the  European  Communities 
this
Directive  enters  into  force.

immediately  after 

2. Member  States  shall  not  impede  the  placing  on  the
market  and  putting  into  service  of  apparatus  which  is  in
accordance  with  the  provisions  in  Directive  98/13/EC  or
rules  in  force  in  their  territory  and  was  placed  on  the
market for the first time before this Directive entered into
force or at the latest two years after this Directive entered
into  force.

3.
Apart from the essential requirements referred to in
Article  3(1)(c),  the  Member  States  may,  for  a  period
of  30  months  following  the  date  referred  to  in  the
first  sentence  of  Article  18(1),  and  in  conformity  with
the  provisions  of  the  Treaty,  continue  to  require
telecommunications terminal equipment not to be capable
of  causing  unacceptable  deterioration  of  a  voice
telephony  service  accessible  within  the  framework  of  the
universal  service  as  defined  in  Directive  98/10/EC.

The  Commission  shall  review  the  operation  of  this
Directive  and  report  thereon  to  the  European  Parliament

(*) 18  months  after  the  entry  into  force  of  this  Directive.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/47

Article  18

Transposition

1. Member  States  shall  not  later  than  . . . (*)  adopt
and  publish  the  laws,  regulations  and  administrative
provisions  necessary  to  comply  with  this  Directive.  They
shall  forthwith  inform  the  Commission  thereof.  They
shall  apply  these  provisions  as  from  . . . (**).

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such  a
reference  shall  be  laid  down  by  Member  States.

in  Article  10(1),  10(2)  of,  and  Annex  I  to,  Directive
89/336/EEC,  as  from  . . . (***).

3.
The  provisions  of  Directive  73/23/EEC  shall  not
apply  to  apparatus  falling  within  the  scope  of  this
Directive,  with  the  exceptions  of  the  objectives  with
respect  to  safety  requirements  in  Article  2  and  Annex  I
and  the  conformity  assessment  procedure  in  Annex  III,
section  B,  and  Annex  IV  to  Directive  73/23/EEC,  as
from  . . . (***).

Article  20

Entry  into  force

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

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

Article  19

Repeal

Article  21

Addresses

Directive  98/13/EC 

1.
from  . . . (***).

is  hereby 

repealed 

as

2.
This  Directive  is  not  a  specific  Directive  within  the
meaning  of  Article  2(2)  of  Directive  89/336/EEC.  The
provisions  of  Directive  89/336/EEC  shall  not  apply  to
apparatus  falling  within  the  scope  of  this  Directive,  with
the  exception  of  the  protection  requirements  in  Article  4
and  Annex  III  and  the  conformity  assessment  procedure

This  Directive  is  addressed  to  the  Member  States.

Done  at  . . .  .

For  the  European
Parliament

The  President

For  the  Council

The  President

(*) 12  months  after  entry  into  force  of  this  Directive.

(**) Day  after  the  date  resulting  from  footnote (*).

(***) Same  date  as  that  referred  to  in  the  third  sentence  of  the

first  subparagraph  of  Article  18(1).

C 227/48

EN

Official  Journal  of  the  European  Communities

20.7.98

ANNEX  I

EQUIPMENT  NOT  COVERED  BY  THIS  DIRECTIVE  AS  REFERRED  TO  IN  ARTICLE  1(4)

1. Radio  equipment  used  by  radio  amateurs  within  Article  1,  definition  53,  of  the  International
Telecommunications  Union  (ITU)  radio  regulations  unless  the  equipment  is  available  commercially.

2. Equipment  falling  within  the  scope  of  Council  Directive  96/98/EC  of  20  December  1996  on  marine

equipment (1).

3. Cabling  and  wiring.

4. Receive only radio equipment intended to be used solely for the reception of sound and TV broadcasting

services.

5. Products,  appliances  and  components  within  the  meaning  of  Article  2  of  Council  Regulation  (EEC)
No  3922/91  of  16  December  1991  on  the  harmonisation  of  technical  requirements  and  administrative
procedures  in  the  field  of  civil  aviation (2).

6. Air-traffic  management  equipment  and  systems  within  the  meaning  of  Article  1  of  Council  Directive
93/65/EEC  of  19  July  1993  on  the  definition  and  use  of  compatible  technical  specifications  for  the
procurement  of  air-traffic  management  equipment  and  systems (3).

(1) OJ  L  46,  17.2.1997,  p.  25.
(2) OJ  L  373,  31.12.1991,  p.  4.  Regulation  as  amended  by  Commission  Regulation  (EC)  No  2176/96  (OJ  L  291,

14.11.1996,  p.  15).

(3) OJ  L  187,  29.7.1993,  p.  52.  Directive  as  last  amended  by  Commission  Directive  97/15/EC  (OJ  L  95,  10.4.1997,

p.  16).

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/49

ANNEX  II

CONFORMITY  ASSESSMENT  PROCEDURE  REFERRED  TO  IN  ARTICLE  9(3)

Module  A  (internal  production  control)

1. This  module  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  or  his  authorised  representative  established  within  the  Community  must  affix  the  CE
marking  to  each  product  and  draw  up  a  written  declaration  of  conformity.

2. The  manufacturer  must  establish  the  technical  documentation  described  in  point  4  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 of
any  Member  State  for  inspection  purposes.

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

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

— a  general  description  of  the  product,

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

etc.,

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

operation  of  the  product,

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

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

— test  reports.

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

with  the  technical  documentation.

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

C 227/50

EN

Official  Journal  of  the  European  Communities

20.7.98

ANNEX  III

CONFORMITY  ASSESSMENT  PROCEDURE  REFERRED  TO  IN  ARTICLE  9(4)

(Internal  production  control  plus  specific  apparatus  tests) (*)

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

For each type of apparatus, all essential radio test suites must be carried out by the manufacturer or on his
behalf.  The  identification  of  the  test  suites  that  are  considered  to  be  essential  is  the  responsibility  of  a
notified  body  chosen  by  the  manufacturer  except  where  the  test  suites  are  defined  in  the  harmonised
standards.  The  notified  must  take  due  account  of  previous  decisions  made  by  notified  bodies  acting
together.

The  manufacturer  or  his  authorised  representative  established  within  the  Community  or  the  person
responsible for placing the apparatus on the market must declare that these tests have been carried out and
that the apparatus complies with the essential requirements and must affix the notified body’s identification
number  during  the  manufacturing  process.

(*) Annex  based  on  Module  A  with  additional  requirements  appropriate  to  the  sector.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/51

ANNEX  IV

CONFORMITY  ASSESSMENT  PROCEDURE  REFERRED  TO  IN  ARTICLE  9(5)

(Technical  construction  file)

This  Annex  consists  of  Annex  III  plus  the  following  supplementary  requirement:

The technical documentation described in point 4 of Annex II and the declaration of conformity to specific
radio  test  suites  described  in  Annex  III  must  form  a  technical  construction  file.

The manufacturer, his authorised representative established within the Community or the person responsible
for  placing  the  apparatus  on  the  market,  must  present  the  file  to  one  or  more  notified  bodies,  each  of  the
notified  bodies  must  be  informed  of  others  who  have  received  the  file.

The  notified  body  must  review  the  file  and  if  it  is  considered  that  it  has  not  been  properly  demonstrated
that  the  requirements  of  the  Directive  have  been  met,  the  notified  body  may  issue  an  opinion  to  the
manufacturer, his representative or the person responsible for placing the apparatus on the market and must
inform  the  other  notified  bodies  who  have  received  the  file  accordingly.  Such  an  opinion  must  be  given
within four weeks of receipt of the file by the notified body. On receipt of this opinion, or after the end of
the  four-week  period,  the  apparatus  may  be  placed  on  the  market,  without  prejudice  to  Articles  6(4)  and
8(5).

The  manufacturer  or  his  authorised  representative  established  within  the  Community  or  the  person
responsible for placing the apparatus on the market must keep the file for a period ending at least 10 years
after  the  last  apparatus  has  been  manufactured  at  the  disposal  of  the  relevant  national  authorities  of  any
Member  States  for  inspection.

C 227/52

EN

Official  Journal  of  the  European  Communities

20.7.98

ANNEX  V

CONFORMITY  ASSESSMENT  PROCEDURE  REFERRED  TO  IN  ARTICLE  9

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 must affix the marks referred to in Article 11(1) to each product and
draw  up  a  written  declaration  of  conformity.

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

3. Quality system

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

body.

The  application  must  include:

— all  relevant  information  for  the  products  envisaged,

— the  quality  system’s  documentation.

3.2. The quality system must 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  must  be
documented  in  a  systematic  and  orderly  manner  in  the  form  of  written  policies,  procedures  and
instructions.  This  quality  system  documentation  must  ensure  a  common  understanding  of  the  quality
policies  and  procedures  such  as  quality  programmes,  plans,  manuals  and  records.

It  must  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 5(1)
will not be applied in full, the means that 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  that  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  must  assess  the  quality  system  to  determine  whether  it  satisfies  the  requirements
referred  to  in  point  3.2.  It  must  presume  compliance  with  these  requirements  in  respect  of  quality
systems  that  implement  the  relevant  harmonised  standard.

The  notified  body  must  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.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/53

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

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

3.4. The  manufacturer  must  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 must keep the notified body that has approved the
quality  system  informed  of  any  intended  updating  of  the  quality  system.

The notified body must 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  reassessment  is
required.

It  must  notify  its  decision  to  the  manufacturer.  The  notification  must  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  must  allow  the  notified  body  access  for  inspection  purposes  to  the  locations  of
design,  manufacture,  inspection  and  testing,  and  storage  and  must  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  must  carry  out  audits  at  reasonable  intervals  to  make  sure  that  the  manufacturer
maintains  and  applies  the  quality  system  and  must  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 must provide the manufacturer with a visit report
and,  if  a  test  has  been  carried  out,  with  a  test  report.

5.

The  manufacturer  must,  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

point  3.4  and  in  points  4.3  and  4.4.

6.

Each  notified  body  must  make  available  to  the  other  notified  bodies  the  relevant  information
concerning  quality  system  approvals  including  reference  to  the  product(s)  concerned,  issued  and
withdrawn.

C 227/54

EN

Official  Journal  of  the  European  Communities

20.7.98

ANNEX  VI

MINIMUM  CRITERIA  TO  BE  TAKEN  INTO  ACCOUNT  BY  MEMBER  STATES
WHEN  DESIGNATING  NOTIFIED  BODIES  IN  ACCORDANCE  WITH  ARTICLE  10(1)

1. The notified body, its director and the staff responsible for carrying out the tasks for which the notified
body has been designated must not be a designer, manufacturer, supplier or installer of radio equipment
or  telecommunications  terminal  equipment,  or  a  network  operator  or  a  service  provider,  nor  the
authorised  representative  of  any  of  such  parties.  They  must  be  independent  and  not  become  directly
involved 
radio  equipment  or
telecommunications  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.

the  design,  construction,  marketing  or  maintenance  of 

in 

2. The notified body and its staff must carry out the tasks for which the notified body has been designated
with  the  highest  degree  of  professional  integrity  and  technical  competence  and  must  be  free  from  all
pressures and inducements, particularly financial, which might influence their judgement or the results of
any  inspection,  especially  from  persons  or  groups  of  persons  with  an  interest  in  such  results.

3. The  notified  body  must  have  at  its  disposal  the  necessary  staff  and  facilities  to  enable  it  to  perform
properly  the  administrative  and  technical  work  associated  with  the  task  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 Member 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 Member
State in which its activities are carried out) under this Directive or any provision of national law giving
effect  thereto.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/55

ANNEX  VII

MARKING  OF  EQUIPMENT  REFERRED  TO  IN  ARTICLE  11(1)

1. The  CE  conformity  marking  must  consist  of  the  initials  ‘CE’  taking  the  following  form:

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

2. The CE marking must have a height of at least 5 mm except where this is not possible on account of the

nature  of  the  apparatus.

3. The  CE  marking  must  be  affixed  to  the  product  or  to  its  data  plate.  Additionally  it  must  be  affixed  to

the  packaging,  if  any,  and  to  the  accompanying  documents.

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

5. The  equipment  class  identifier  must  take  a  form  to  be  decided  by  the  Commission  in  accordance  with

the  procedure  laid  down  in  Article  13.

Where  appropriate  it  must  include  an  element  intended  to  provide  information  to  the  user  that  the
apparatus  makes  use  of  radio  frequency  bands  where  their  use  is  not  harmonised  throughout  the
Community.

It  must  have  the  same  height  as  the  initials  ‘CE’.

C 227/56

EN

Official  Journal  of  the  European  Communities

20.7.98

STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On 4 June 1997 the Commission submitted a proposal for a Directive of the European
Parliament  and  of  the  Council  on  connected  telecommunications  equipment  and  the
mutual  recognition  of  the  conformity  of  equipment.

2. The European Parliament delivered its opinion on first reading on 29 January 1998 and
the  Economic  and  Social  Committee  delivered  its  opinion  on  10  December  1997.

3. On  8  June  1998  the  Council  adopted  a  common  position  in  accordance  with

Article  189b  of  the  Treaty.

II. OBJECTIVE

The  purpose  of  this  proposal  is  to  harmonise  the  radio  and  telecommunications  terminal
equipment  sector  as  fully  as  possible,  bearing  in  mind  the  significant  developments  now
taking place in that sector (faster technological progress, shorter time taken to manufacture
equipment  and  mass  distribution).

To  that  end  it  provides  for  radical  revision  of  current  Community  rules  applicable  to  such
equipment in order to rationalise and simplify them, on the basis of the Community’s ‘new
approach’  to  technical  harmonisation.

Accordingly  it  is  proposed  that  the  current  assessment  and  authorisation  procedures
introduced by Directives 91/263/EEC and 93/97/EEC be replaced by a simplified conformity
assessment  system  that  will  make  it  possible  significantly  to  reduce  the  time  necessary  for
placing  telecommunications  equipment  on  the  market.

III. ANALYSIS  OF  THE  COMMON  POSITION

A. GENERAL  REMARKS

Although  the  Council  has  adopted  the  approach  and  the  objectives  proposed  by  the
Commission  and  endorsed  by  the  European  Parliament,  when  preparing  its  common
position  the  Council  considered  it  necessary  to  make  material  changes  to  the  substance
and  the  drafting  of  the  text  of  the  proposal  for  a  Directive.

In  making  those  changes  the  Council  was  prompted  by  the  following  aims  in
particular:

— to bring the future provisions more into line with the Community’s new approach to
technical harmonisation while taking account of the specific nature of the equipment
in  question,

— to  make  the  new  provisions  clearer  and  easier  to  read,

— to make the new provisions consistent with the Community rules already in force in

the  telecommunications  field,

— to  take  more  account  of  the  variety  of  national  situations,  in  particular  as  regards

the  use  of  the  spectrum  allocated  to  radiocommunications.

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/57

B. SPECIFIC  REMARKS

1. Main  changes  made  to  the  Commission  proposal

(a) Radio  equipment

The  Council  agreed  to  extend  the  new  regulatory  framework  to  radio
telecommunications  equipment  as  proposed  by  the  Commission.

While maintaining the objective of ensuring free movement for such equipment,
the  Council  included  a  number  of  provisions  intended  to  prevent  radio
equipment  operating  in  frequency  bands  not  yet  harmonised  throughout
Community  territory  from  causing  harmful  interference  when  used.

Essentially,  the  following  measures  are  concerned:

(i)

the  inclusion  of  a  safeguard  clause  (Article  8(5))  enabling  Member  States,
acting in conformity with the Treaty and in particular Articles 30 and 36,
to prohibit on their markets radio equipment which has caused or which it
reasonably  considers  will  cause  interference;

(ii) an  obligation  on  the  person  responsible  for  placing  on  the  market
equipment operating in as yet unharmonised frequency bands (Article 7(4))
to  inform  the  national  authority  responsible  for  spectrum  management  in
the  Member  State  concerned  of  his 
intention  of  marketing  such
equipment.

The  notification  must  be  issued  not  less  than  four  weeks  before  the
equipment  is  first  placed  on  the  market  and  must  include  information
regarding the equipment’s radio characteristics and the identity number of
the  body  notified  that  has  assessed  the  equipment’s  conformity;

(iii)

stricter  conformity  assessment 
for  unharmonised  radio  equipment
(Article  9),  the  manufacturer  being  allowed  to  choose  between  the
following  two  procedures:

— the  ‘technical  construction  file’  procedure,  provided  for  in  Article  IV,
whereby  the  manufacturer,  prior  to  placing  his  equipment  on  the
market,  submits  to  the  notified  body  the  appropriate  technical
documentation  to  enable  it  to  check  whether  the  equipment  complies
with requirements; the notified body must give its opinion within three
weeks at the latest, but this does not bind the manufacturer who may,
after  that  period,  place  his  equipment  on  the  market,

— the  ‘full  quality  assurance’  (Module  H  of  the  Council  Decision  of
22 July 1993) provided for in Annex V, under which the manufacturer
has a notified body approve his quality system for design, manufacture
and  final  product  inspection  and  testing;

(iv)

review  by  the  Commission,  as  part  of  its  report  on  the  implementation  of
the  Directive  (Article  16),  of  the  appropriateness  of  the  ‘technical
construction  file’  procedure;

(v)

information for users on any restrictions on the geographical area of use of
radio  equipment  (Article  6(3)  and  Annex  VII(5)).

That  information  must  be  provided  by  the  person  responsible  for  placing
the  equipment  on  the  market,  in  the  form  of  information  sufficient  to
identify, on the packaging and the instructions for use, the Member States
(or  the  geographical  area  within  a  Member  State)  where  the  equipment  is
intended  to  be  used.  In  addition  the  user  must  be  alerted  by  identification
marking,  on  the  apparatus,  the  form  of  which  will  be  determined  by  the
Commission  in  consultation  with  the  Committee.

C 227/58

EN

Official  Journal  of  the  European  Communities

20.7.98

(b) Committee  assisting  the  Commission

The  common  procedure  provides  for  a  dual  procedure:

(i) an  advisory  procedure  (Article  13)  applicable  to  the  following  questions:

— the 

interpretation 

and  publication  of  harmonised 

standards

(Article  5(3)),

— the  date  of  application  of  the  essential  requirements  specific  to  certain

categories  of  equipment  (Article  6(2)),

— safeguard measures taken by Member States to remedy shortcomings in

harmonised  standards  (Article  8(4)),

— requirements  describing  the  equipment  class  identifier  (Annex  VII);

(ii) a  type  III(a)  regulatory  procedure  (Article  14)  for  setting  the  essential
requirements  specific  to  certain  categories  of  equipment  (Article  3(3)  and
establishing  the  equivalence  between  interfaces  notified  by  the  Member
States  (Article  4(1)).

(c) The  manufacturer’s  liability  in  the  event  of  non-conformity

The  Council  considers  that  the  question  of  the  manufacturer’s  liability  for
economic  loss  in  the  event  of  this  product’s  non-conformity  should  continue  to
be dealt with within the framework of existing national liability legislation. The
article proposed by the Commission was not therefore included in the common
position.  The  Council  considered  it  useful,  however,  to  refer  in  the  recitals  (see
recital  34)  to  certain  general  principles  concerning  liability.

(d) Scope  of  the  new  rules

The Council considered it appropriate for reasons of legal certainty to draw up
a  specific  list,  annexed  to  the  Directive,  of  equipment  not  to  be  subject  to  the
new  rules  (Article  1  and  Annex  I).

The  list  covers  extremely  specific  equipment,  such  as  radio  equipment  used
exclusively  by  radio  amateurs,  in  the  marine  sector  and  for  the  reception  of
sound  and  television  broadcasting  services.

The  common  position  also  expressly  excludes  equipment  exclusively  used  for
activities  concerning  public  security,  defence,  State  security  and  the  activities  of
the  State  in  areas  of  criminal  law.

(e) Reciprocity  with  third  countries

The  Council  felt  that  in  third  countries  Community  firms  should  receive
treatment  similar  to  that  which  the  new  Directive  would  offer  those  countries’
firms. It therefore included provisions equivalent to those of Directive 97/13/EC
of  the  European  Parliament  and  of  the  Council  on  a  common  framework  for
general authorizations and individual licences in the field of telecommunications
services  (see  Article  15).

2. The  Council’s  position  on  the  European  Parliament’s  amendments

(a) Amendments  incorporated  in  whole  or  in  part  in  the  common  position

The  Council  reproduced  amendments  1,  2  and  5  word  for  word  and  included
amendments  3  and  4  in  substance:

20.7.98

EN

Official  Journal  of  the  European  Communities

C 227/59

— amendment  3  has  been  incorporated  in  the  second  part  of  recital  22,
although  ‘encouraged’  has  been  substituted  for  ‘is  to  be  ensured  and
promoted’,

— amendment 4 has been incorporated in the second part of recital 15, with a

slight  change  in  wording.

(b) Amendments  not  incorporated  in  the  common  position

In  not  accepting  amendments  6,  7,  19  and  23  the  Council  endorsed  the
Commission’s  position  as  expressed  in  its  amended  proposal.  The  same  applies
to  the  parts  of  amendments  8,  10,  15  and  16,  which  were  not  accepted  by  the
Commission  either.

As  regards  the  remaining  amendments  and  parts  of  amendments,  the  Council
considers  that  the  common  position  covers  the  basic  concerns  that  prompted
them, in particular as regards the role of harmonised standards, the use of radio
equipment,  transparency  in  the  implementation  of  the  Directive,  the  essential
requirements and the exclusion of equipment used by radio amateurs. Given the
changes  to  and  the  balance  of  the  new  text  it  envisaged,  the  Council  did  not
incorporate  the  European  Parliament’s  drafting  proposals.