CELEX: 51995PC0612
Language: en
Date: 1995-12-06
Title: Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               Brussels, 06.12.1995
                                               COM(95) 612 final
                                               95/0309 (COD)
                                Proposal for a
         EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
relating to telecommunications terminal equipment and satellite earth station
       equipment, including the mutual recognition of their conformity
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                       EXPLANATORY MEMORANDUM
1. In the context of a people's Europe, the Commission attaches great importance to simplifying and
    clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus
    giving him new opportunities and the chance to make use of the specific rights it gives him.
    This aim cannot be achieved so long as numerous provisions that have been amended several
    times, often quite substantially, remain scattered, so that they must be sought partly in the original
    instrument and partly in later amending ones. Considerable research work, comparing many
    different instruments, is thus needed to identify the current rules.
    For this reason a consolidation of rules that have frequently been amended is also essential if
    Community law is to be clear and transparent.
    On 1 April 1987 the Commission therefore decided to instruct its staff that all legislative measures
    should be consolidated after no more than ten amendments, stressing that this was a minimum
    requirement and that departments-should endeavour to consolidate at even shorter intervals the
    texts for which they were responsible, to ensure that the Community rules were clear and readily
    understandable.
3. The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed
    this, stressing the importance of official codification as it offers certainty as to the law applicable to
    a given matter at a given time. It must be undertaken in full compliance with the normal Community
    legislative procedure. Given that no changes of substance may be made to the instruments affected
    by official codification, Parliament, the Council and the Commission have agreed, by an
    interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used
    for the fast-track adoption of codification instruments.
4. The purpose of this proposal(1) of the Commission for consolidation of European Parliament and
    Council Directive relating to the telecommunications terminal equipment and satellite earth station
    equipment, including the mutual recognition of their conformity, combining the following directives
    into a single text:
    - Council Directive 91/263/EEC of 29 April 1991 concerning telecommunications terminal
    equipment, including the mutual recognition of their conformity,
     and,
    -Council Directive 93/97/EEC of 29 October 1993 supplementing Directive 91/263/EEC in
    respect of satellite earth equipment,
      is to undertake official codification of this type. The new directive will supersede the various
    directives incorporated in it;(2) their content is fully preserved, and they are brought together with
    only such formal amendments as are required by the codification exercise itself.
5. This consolidation proposal was drawn up on the basis of a preliminary consolidation, in all the
    official languages, of Directives 91/267/EEC and 93/97/EEC and the instruments amending it,
(1)
     Entered in the legislative programme for 1995.
(2)
     See part A of Annex X.
 ---pagebreak---                                                 2(a)
carried out by the Office for Official Publications of the European Communities, by means of data-
processing system referred to in the conclusions of the European Council meeting at Edinburgh.
Although the articles have been given new numbers, the former number is printed alongside in each
case for the reader's convenience; the correlation between the old and new numbers is shown in
a table contained in Annex XI to the consolidated Directive.
 ---pagebreak---                                 Proposai for a
                EUROPEAN PARLIAMENT AND
                        COUNCIL DIRECTIVE
                                    ..../.../EC
                                       of...
    relating to telecommunications terminal equipment and
     satellite earth station equipment, including the mutual
                     recognition of their conformity,
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
and in particular Article 100a thereof,
Having regard to the proposalfromthe Commission,
Having regard to the opinion of the Economic and Social
Committee?1)
Acting in accordance with the procedure laid down in Article 189b of
the Treaty/2)
(1)     Whereas Council Directive 91/263/EEC of 29 April 1991 on
        the approximation of the laws of the Member States
        concerning      telecommunications        terminal    equipment,
        including the mutual recognition of their conformity/3) and
        Council Directive 93/97/EEC of 29 October 1993
        supplementing Directive 91/263/EEC in respect of satellite
        earth station equipment*4) should, for the sake of clarity and
        rationality be codified in a single text;
(l)
(2)
(3)   OJ No L128,23. 5.1991, p.l. Directive as ameoded by Directive 93/68/EEC (OJ No L 220,30.8.1993, p.l).
(4)   OJ No L 290,24. 11. 1993, p. 1.
 ---pagebreak--- (2)   Whereas the sector covering telecommunications terminal         91/263/EEC
      equipment and satellite earth station equipment is a vital      (adapted)
      part of the telecommunications industry, which is one of the
      industrial mainstays of the economy in the Community,
(3)   Whereas the Commission, in its Green Paper on the
      development of the common market for telecommunications
      services and equipment, has proposed to accelerate the
      introduction of the full mutual recognition of type approval as
      the measure vital for the development of a competitive
      Community-wide terminal market;
(4)   Whereas the Commission, in its Green Paper on a common          93/97/EEC
      approach in the field of satellite communications in the
      Community, has proposed the introduction of mutual
      recognition of type approval for satellite earth station
      equipment as one of the major preconditions for, inter alia, a
      Community-wide market for satellite earth station equipment;
(5)   Whereas the Council, in its resolution of 30 June 1988*1) on    91/263/EEC
      the development of the common market for telecommunications
      services and equipment up to 1992, has confirmed as a major
      goal in the telecommunications policy the full mutual
      recognition of type approval for terminal equipment on the
      basis of the rapid development of common European
      conformity specifications;
(6)   Whereas the Council, in its resolution of 19 December 1991*2)   93/97/EEC
      on the development of a common market for satellite
      communications services and equipment, has recognized as
      one of the major goals in satellite telecommunications policy
      the harmonization and liberalization of appropriate satellite
      earth station equipment, subject, in particular, to conditions
      necessary for compliance with essential requirements;
(7)   Whereas the Council, in its Decision 87/95/EEC.C3) has set      91/263/EEC
      out the measures to be implemented for the promotion of
      standardization in Europe and the preparation and
      implementation of standards in the field of information
      technology and telecommunications;
 W   OJ No C 257, 4. 10. 1988, p. 1.
 (2) OJ No C 8, 14. 1. 1992, p.l.
 <3) OJ No L 36,7. 2. 1987, p. 31.
 ---pagebreak--- (8)   Whereas the Council, in its resolution of 7 May 1985*1) has
      provided for a new approach to technical harmonization and
      standards;
(9)   Whereas the scope of this Directive must be based on a general      15. 93/97/EEC
      definition of the terms 'telecommunications terminal                    (adapted)
      equipment' and 'satellite earth station equipment* so as to allow
      the technical development of products; whereas the scope
      excludes purpose-built satellite earth station equipment intended
      for use as part of the public terrestrial telecommunications
      network; whereas this is intended to exclude, inter alia, gateway
      satellite earth stations for major trunking applications within the
      context of the infrastructure, provision (such as large-diameter
      stations) and earth stations for satellite tracking and control;
(10)  Whereas this Directive does not affect current special or           16.
      exclusive rights concerning satellite communications which
      may, in accordance with Community law, be retained by the
      Member States;
(11)  Whereas harmonizing conditions for the placing on the market        6.  91/263/EEC
      of telecommunications terminal equipment will create the            +
      conditions for an open and unified market; whereas the same         4.  93/97/EEC
      applies to the goal of an advanced, open Communfty^wide
      market for satellite earth station equipment .which requires
      effective and efficient harmonized procedures for certification,
      testing, marking, quality assurance and product surveillance;
      whereas the alternative to Community legislation is an
      analogous system of provisions negotiated between Member
      States, which would involve obvious difficulties because of the
      number of organisms which would be involved in multiple
      bilateral negotiations; whereas this is not practicable, rapid or
      efficient; whereas therefore the objectives of the proposed action
      cannot be sufficiently achieved by the Member States; whereas
      on the contrary the form of a Community directive has
      repeatedly shown itself in the sector of telecommunications
      among others, to be a practicable, rapid and efficient means;
      whereas the objective of the action under consideration can
      therefore be better achieved at Community level;
(12)  Whereas Community law in its present form provides -                10. 91/263/EEC
      notwithstanding one of the fundamental rules of the Community,          (adapted)
      namely the free movement of goods - that obstacles to
      movement within the Community, resulting from disparities in
      national legislation on the marketing of products, must be
      accepted in so far as such requirements can be recognized as
      being necessary to satisfy imperative requirements; whereas,
      therefore, the harmonization of laws in this case must be limited
      only to those requirements necessary to satisfy the essential
      requirements relating to telecommunications terminal
      equipment and satellite earth station equipment; whereas
      these requirements must replace the relevant national
      requirements because they are essential;
 (1) OJ No C 136,4.6. 1985, p. 1.
 ---pagebreak--- (13)  Whereas the essential requirements must be satisfied in order to                  11.
      safeguard the general interest; whereas those requirements must
      be applied with discernment to take account of the state of the art
      at the time of manufacture, and economic requirements;
(14)  Whereas Council Directive 73/23/EEC of 19 February 1973 on                            93/97/EEC
      the harmonization of the laws of the Member States relating to
      electrical equipment designed for use within certain voltage
      limits^1) and Council Directive 83/189/EEC of 28 March 1983
      laying down a procedure for the provision of information in the
      field of technical standards and regulations/2) are applicable
      inter alia, to the fields of telecommunications and information
      technology,
(15)  Whereas Directive 73/23/EEC in general also covers safety of                     7.
      persons;
(16)  Whereas Council Directive 89/336/EEC of 3 May 1989 on the                        8.   93/97/EEC
      approximation of the laws of the Member States relating to
      electromagnetic compatibility3) sets out harmonized procedures                   +
      for the protection of apparatus from electromagnetic
      disturbances and defines the protection requirements and
      inspection procedures relating thereto; whereas the general                       13.  91/263/EEC
      requirements of Directive 89/336/EEC apply inter alia to the                          (adapted)
      fields of telecommunications and information technology
      and also to satellite earth station equipment; whereas
      electromagnetic compatibility requirements are covered by this
      Directive in so far as they are specific to satellite earth station
      equipment;
 (1) OJ No L 77, 26. 3. 1973, p. 29. Directive as amended by Directive 93/68/EEC.
 (2) OJ No L 109,26.4. 1983, p. 8. Directive as last amended by Directive 94/10/EC (OJ No L 100,19.4. 1994, p. 30).
 (3) OJ No L 139, 23. 5. 1989, p. 19. Directive as last amended by Directive 93/68/EEC.
 ---pagebreak--- (17) Whereas in respect of the essential requirements and in order to     14. 91/263/EEC
     help manufacturers to prove conformity to those requirements, it
     is desirable to have standards harmonized at European level to
     safeguard the general interest in the design and manufacture of
     terminal equipment and in order to allow checks as to conformity
     to those requirements; whereas these standards, harmonized at
     European level are drawn up by private-law bodies and must
     retain their non-binding status; whereas for this purpose the
     European Committee for Standardization (CEN), the European
     Committee for Electrotechnical Standardization (Cenelec) and
     the European Telecommunications Standards Institute (ETSI), are
     the bodies recognized as competent to adopt harmonized
     standards; whereas, for the purposes of this Directive, a
     harmonized standard is a technical specification (European
     standard or harmonization document) adopted by one of those
     bodies, on the basis of a remit from the Commission in
     accordance with the provisions of Directive 83/189/EEC, and in
     accordance with the general guidelines referred to above;
(18) Whereas in respect of the essential requirements relating to         15.
     mterworking with public telecommunications networks and, in
     cases where it is justified, through such networks, it is in general
     not possible to comply with such requirements other than by the
     application of ad hoc technical sohitionsrwhereas such solutions
     should therefore be mandatory,
(19) Whereas the proposals for common technical regulations are, as a     11. 93/97/EEC
     general rule, drawn up on the basis of harmonized standards, and
     in order to ensure appropriate technical coordination on a broad
     European basis, through additional consultations, in particular
     with the Telecommunications Regulations Application
     Committee (TRAC);
(20) Whereas satellite earth station equipment is configured, as far as   17. (adapted)
     its interface to the space-based system is concerned, either for the
     emission of radio-communications signals or for both the
     emission and reception of radio-communications signals, or for
     the reception-only of radio-communications signals;
(21) Whereas satellite earth station equipment is, as far as the          18.
     terrestrial interface is concerned, either intended or not intended
     for terrestrial connection to the public telecommunications
     network;
(22) Whereas orbits (such as the geo-stationary orbit, low earth orbits   19.
     and elliptical orbits) are paths in space described by satellites or
     other space-based systems, and are limited resources determined
     by nature;
 ---pagebreak--- (23) Whereas orbital resources are used in conjunction with the radio      20. 93/97/EEC
     frequency spectrum which is also a limited resource determined            (adapted)
     by nature; whereas transmitting satellite earth station equipment
     makes use of both those resources;
(24) Whereas the effective use of orbital resources in conjunction with    21.
     the radio frequency spectrum and avoidance of harmful
     interference between space-based and terrestrial communications
     systems and other technical systems is of importance for the
     development of European satellite communications; whereas the
     International Telecommunications Union (ITU) establishes
     criteria for effective use of orbital resources as well as for radio-
     coordination to enable space and terrestrial systems to co-exist
     without undue interference;
(25) Whereas harmonizing conditions for the placing on the market of       22. (adapted)
     satellite earth station equipment will create the conditions
                              permitting an effective use of orbital
     resources and the radio frequency spectrum and will facilitate
     avoidance of harmful interference between space-based and
     terrestrial communications systems and other technical systems;
(26) Whereas in respect of the essential requirements related to           23.
     effective use of orbital resources and the radio frequency
     spectrum, and avoiding harmful interference with space-based
     and terrestrial communications systems and other technical
     systems, it is in general not possible to comply with such
     requirements other than by the application of special technical
     solutions; whereas common technical regulations are therefore
     necessary;
(27) Whereas satellite earth station equipment capable of being used       25.  (adapted)
      for emission or for emission and reception of radio-
      communication signals may be subject to licensing, in addition to
      the provisions of this Directive;
(28) Whereas satellite earth station equipment, capable only of being      26.
      used for the reception of radio-communications signals, may not
      be subject to licensing but only               to the provisions of
      this Directive unless they are intended for terrestrial connection
      to the public telecommunications network, as proposed in the
      Green Paper on satellite communications in the Community
           ; whereas the use of such satellite earth station equipment
      must be in conformity with national regulations compatible with
      Community law,
 ---pagebreak--- (29) Whereas it is essential to ensure that notified bodies are of a high 17. 91/263/EEC
     standard throughout the Community and meet minimum criteria
     of competence, impartiality and financial and other independence
     from clients;
(30) Whereas the Approvals Committee for Terminal Equipment               12. 934/97/EEC
     (ACTE) composed of representatives of the Member States                  (adapted)
     and chaired by the representative of the Commission, should
     assist the Commission in executing the tasks entrusted to it;
(31) Whereas representatives of the telecommunication organizations,      28.
     users, consumers, manufacturers, service providers and the trade
     unions should have therightto be consulted;
(32) Whereas ACTE                             should work in close        31. (adapted)
     cooperation with relevant committees dealing with licence
     procedures for satellite networks and services;
(33) Whereas the Member States' responsibility for safety, health and     19. 91/263/EEC
     the other aspects covered by the essential requirements on their
     territory must berecognizedin a safeguard clause providing for
     proper Community protection procedures;
(34) Whereas the addressees of any decision taken under this              20.
     Directive must be informed of the reasons for such a decision and
     the remedies available to them;
(35) Whereas transitional arrangements are required in order that the     30. 93/97/EEC
     manufacturers have the necessary time to adapt the design and
     production of satellite earth station equipment to meet the
     common technical regulations; whereas in order to have the
     necessary flexibility the transition arrangements must be worked
     out on a case-by-case basis; whereas the common technical
     regulations shall lay down the necessary transition arrangements;
(36) Whereas real, comparable access to third country markets, in         27.
     particular the United States of America and Japan, for European
     manufacturers should preferably be achieved through multilateral
     negotiations within the World Trade Organization (WTO),
     although bilateral talks between the Community and third
     countries may also contribute to this process;
 ---pagebreak--- (37) Whereas, this Directive should not affect the obligations on the
     part of the Member States œnœrning the deadlines for the
     transposition of the Directives set out in Annex X, Part B,
HAVE ADOPTED THIS DIRECTIVE:
                                                                      10
 ---pagebreak---                              TABLE OF CONTENTS
ARTICLE 1 SCOPE AND DEFINITIONS                                    12
TITLE I   TELECOMMUNICATIONS TERMINAL EQUIPMENT                    13
TITLE H   SATELLITE EARTH STATION EQUIPMENT                        19
TITLE m   COMMON PROVISIONS                                        24
ANNEX I   EC TYPE-EXAMINATION                                      27
ANNEX H   CONFORMITY OF TYPE                                       30
ANNEX HI  PRODUCTION QUALITY ASSURANCE                   ~         31
ANNEX TV  FULL QUALITY ASSURANCE                                   34
ANNEX V   MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES
          WHEN DESIGNATING NOTIFIED BODIES IN ACCORDANCE WITH
          ARTICLE 11(1)                                            38
ANNEX VI  MARKING FOR THE TERMINAL EQUIPMENT REFERRED TO
          IN ARTICLE 12 (1)                                        40
ANNEX V n MARKING FOR THE EQUIPMENT REFERRED TO IN ARTICLE 12 (4)  41
ANNEX V m MODEL OF DECLARATION REFERRED TO IN ARTICLE 3 (1)        42
ANNEX IX  COMMUNITY INTERNAL PRODUCTION CONTROL PROCEDURE          43
ANNEX X   PART A: LIST OF REPEALED DIRECTIVES                      44
          PART B: LIST OF DEADLINES FOR TRANSPOSITION
          INTO NATIONAL LAWS                                       45
ANNEXXI    CORRELATION TABLE                                       46
                                                                      11
 ---pagebreak---                                       Article 1                                    91/263/EEC
                                                                                   93/97/EEC
                                                                                   Art 1(1)
1. This Directive shall apply to terminal equipment and to satellite earth         (adapted)
station equipment
2.    For the purpose of this Directive:                                           91/263/EEC
                                                                                   Art 1(2)
      public telecommunications network shall mean the public                      (adapted)
      telecommunications infrastructure which permits the conveyance of signals
      between defined network termination points by wire, by microwave, by
      optical means or by other electromagnetic means,
      terminal equipment shall mean equipment intended to be connected to the
      public telecommunications network, namely:
      (a) to be connected directly to the termination                of a public
          telecommunications network; or
      (b) to interwork with a public telecommunications network being connected
          directly or indirectly to the termination of a public telecommunications
          network
      m order to emit, process or receive information.
      The system of connection may be wire, radio, optical or other
      electromagnetic system,
      technical specification shall mean a specification contained in a document
      which lays down the characteristics required of a product such as levels of
      quality, performance, safety or dimensions, including the requirements
      applicable to the product as regards terminology, symbols, testing and test
      methods, packaging, marking and labelling,
      standard shall mean means a technical specification adopted by a
      recognized standards body for repeated or continuous application,
      compliance with which is not compulsory.
      satellite earth station equipment shall mean equipment which is capable of 93/97/EEC
      being used either for emission only, or for emission and reception           Article 1 (2)
                                                                                   (adapted)
      (emission-receive), or for reception only (receive-only), of radio-
      communication signals by means of satellites or other space-based systems,
      but excluding satellite earth station equipment intended for use as part of
      the public telecommunications network of a Member State,
      terrestrial connection to the public telecommunications network shall mean
      any connection to the public telecommunications network which does not
      include a space segment
                                                                                                 12
 ---pagebreak---                                     TITLE 1
                   Telecommunications terminal equipment
                                    Chapter I                                         91/263/EEC
                    Placing on the market and free circulation
                                    Article 2
                                                                                                     Article 1 (3Ï
The intended purpose of the equipment shall be declared by the manufacturer or
supplier of the equipment However, terminal equipment within the meaning of
Article 1 (2), second indent which makes use of a system of communication
employing the radiofrequencyspectrum is presumed to be intended for connection
to the public telecommunications network.
                                     Article 3                                                          Article 2
1.     Notwithstanding Article 2, equipment which is capable of being connected
to the public telecommunications network, but is not intended for such a purpose,
shall be accompanied by a manufacturer's or supplier's declaration, the model of
which is to be found in Annex VHI and by the operating manual. At the time of
placing the equipment on the market for the first time, a copy of such
documentation shall be transmitted to the notified body referred to in Article 11
(1) in the Member State where this first placing on the market takes place. In
addition, such equrpmentshïùTbe subject to the provisions of Article 12 (4).
2.     The manufacturer or supplier shall be prepared to justify once, at the request
of any notified body referred to in Article 11 (1), the intended purpose of such
equipment on the basis of its relevant technical characteristics, its functions and
indications of the market segment it is intended for.
                                     Article 4                                                          Article 3
1.     Member States shall take all appropriate measures to ensure that terminal      93/68/EEC
equipment may be placed on the market and put into service only if it bears the       Article 11 (3)
CE marking provided for in Article 12 attesting to its conformity to the
requirements of this Directive, including the conformity assessment procedures
laid down in Chapter II and where it is properly installed and maintained and used
for its intended purpose.
2.     Member States shall also take all appropriate measures to ensure that          91/263/EEC
equipment referred to in Article 3 may be placed and allowed to remain on the
market only if it complies with the requirements laid down by this Directive for
this equipment and may not be connected to the public telecommunications
network within the meaning of Article 1 (2), first indent
 3.    Member States shall also take all appropriate measures to ensure that
 terminal equipment or equipmentreferredto in Article 3 is disconnected from the
 public telecommunications network if it is not used for its intended purpose.
 Member States may moreover take all appropriate measures, according to their
 national laws, to prevent connection to the public telecommunications network of
 terminal equipment that is not used in conformity with its intended purpose.
                                                                                                                  13
 ---pagebreak--- 4.   (a) Where the terminal equipment is subject to other Directives concerning       93/68/EEC
          other aspects and which also provide for the affixing of the CE marking,    Article 11 (4)
          the latter shall indicate that the equipment is also presumed to conform
          to the provisions of those other Directives.
     (b) However, where one or more of those Directives allow the
          manufacturer, during a transitional period, to choose which
          arrangements to apply, the CE marking shall indicate conformity to the
          provisions only of those Directives applied by the manufacturer. In such
          a case, particulars of the Directives applied, as published in the Official
          Journal of the European Communities, must be given in the documents,
        . notices or instructions required by the Directives and accompanying the
          terminal equipment
                                       Article 5                                      91/263/EEC     Article 4
Terminal equipment shall satisfy the following essential requirements:
(a) user safety, in so far as this requirement is not covered by Directive
     73/23/EEC;
(b)  safety of employees of public telecommumcations networks operators, in so
     far as this requirement is not covered by Directive 73/23/EEC;
(c) electromagnetic compatibility requirements in so far as they are specific to
    terminal equipment;
(d) protection of the public telecommunications networkfromharm;
(e) effective use of theradiofrequency spectrum, where appropriate;
(f) interworking of terminal equipment with pubhc telecommumcations
    network equipment for the purpose of establishing, modifying, charging for,
    holding and clearing real or virtual connection;
(g) interworking of terminal equipment via the public telecommunications
    network, in justified cases.
    The cases where terminal equipment supports:
     (i) reserved service according to Community law, or
     (ii) a service which the Council has decided that there should be
          Community-wide availability,
     are considered as justified cases and the requirements concerning this
     interworking are determined in accordance with the procedure provided for
     in Article 29.
                                                                                                              14
 ---pagebreak--- In addition, after consultation of representatives of the bodies referred to in      91/263/EEC
Article 28 (3) and taking due account of the result of these consultations, the
Commission may propose that this essential requirement be recognized as being
justified for other terminal equipment in accordance with the procedure provided
 for in Article 29.
                                      Article 6                                                 Article 5
Member States shall not impede the placing on the market and the free circulation
and use on their territory of terminal equipment which complies with the
provisions of this Directive.
                                      Article 7                                                 Article 6
 1. Member States shall presume compliance with the essential requirements
referred to in Article 5 (a) and (b) in respect of terminal equipment which is in
conformity with the national standards implementing the relevant harmonized
standards, thereferencesof which have been published in the Official Journal of
the European Communities. Member States shall publish the references of such
national standards.
2. The Commission shall, in accordance with the procedure laid down in
Article 29, adopt-
       as a first step, the measure identifying the type of terminal equipment for
       which a common technical regulation is required, as well as the associated
       scope statement for that regulation, with a view to its transmission to the
       relevant standardization bodies,
       as a second step, once they have been prepared by the relevant
       standardization bodies, the corresponding harmonized standards, or parts
       thereof, implementing the essential requirements referred to in Article 5 (c)
       to (g) which shall be transformed into common technical regulations,
       compliance with which shall be mandatory and the reference of which shall
       be published in the Official Journal of the European Communities.
                                      Article 8                                                 Article 7
Where a Member State or the Commission considers that the harmonized
standards referred to in Article 7 exceed or do not entirely meet the essential
requirements referred to in Article 5, the Commission or the Member State
concerned shall bring the matter before the Committee referred to in Article 28,
hereinafter referred to as the Committee,, giving the reasons therefor. The
Committee shall deliver an opinion as soon as possible.
In the tight of the Committee's opinion and after consultation of the standing
Committee set up by Directive 83/189/EEC, the Commission shall inform the
Member States whether or not it is necessary to withdraw reference to those
standards and any related technical regulations from the Official Journal of the
European Communities and shall take the necessary steps to correct the
shortcomings noted in the standards.
                                                                                                         15
 ---pagebreak---                                        Article 9                                   91/263/EEC    Article 8
 1. Where a Member State finds thatterminalequipment bearing the markings
under the provision laid down in Chapter III does not comply with the relevant
essential requirements when properly used in accordance with the purpose
intended by the manufacturer, it shall take all appropriate measures to withdraw
such productsfromthe market or to prohibit or restrict their being placed on the
market
The Member State concerned shall immediately inform the Commission of any
such measure indicating the reasons for its decision, and in particular whether
non-compliance is due to:
(a)    incorrect application of the harmonized standards or common technical
       regulations referred to in Article 7;
(b)    shortcomings in the harmonized standards or common technical regulations
       referred to in Article 7 themselves.
2. The Commission shall enter into consultation with the parties concerned as
soon as possible. Where, after such consultation, the Commission finds that any
measure as referred to in paragraph 1 is justified it shall immediately so inform
the Member State that took the action and the other Member States. Where the
detisica^efêrredto in paragraph 1 is attributed to shortcomings in the harmonized-
standards or common technical regulations, the Commission, after consulting the
parties concerned, shall bring the matter before the Committee Avithin two months
if the Member State which has taken the measure intends to maintain them, and
shall initiate the procedure referred to in Article 8.
3. Where terminal equipment which does not comply with the relevant
essentialrequirementsbears the CE marking the competent Member State shall         93/68/EEC
take appropriate action against whomsoever has affixed the marking and shall       Article 11(1)
inform the Commission and the other Member States thereof.                         (adapted)
4. The Commission shall keep the Member State informed of the progress and
outcome of the procedure.
                                      Chapter II
                               Conformity assessment
                                      Article 10                                                 Article 9
1. According to the choice of the manufacturer or his authorised representative
established within the Commumty, terminal equipment shall be subject to either
the ECtype-examination,as described in Annex I, or to the EC declaration of
conformity, as described in Annex IV.
2. An EC type-examination as described in Annex I shall be accompamed by a
declaration issued according to the EC declaration of conformity to type procedure
as described in Annex II or Annex HL
                                                                                                          16
 ---pagebreak--- 3. Therecordsand correspondence relating to the procedure referred to in this         91/263/EEC
Article shall be in an official language of the Member State where the said
procedure will be carried out or in a language acceptable to the notified body
involved.
                                     Article 11                                                      Article 10
1. Member States shall notify the Commission and the other Member States of           93/68/EEC
the bodies established within the Community which they have designated for            Article 11 (5)
carrying out the certification, product checks and associated surveillance tasks
pertaining to the procedures referred to in Article 10, together with the
identification numbers assigned to them beforehand by the Commission.
Member States shall apply the minimum criteria set out in Annex V for the
designation of such bodies. Bodies that satisfy the criteria fixed by the relevant
harmonized standards shall be presumed to satisfy the criteria set out in Annex V.
2. Member States shall inform the Commission of test laboratories established         91/263/EEC
in the Community which they have designated for carrying out tests pertaining to
the procedures referred to in Article 10. Notified bodies shall apply the criteria
fixed by the appropriate parts of the relevant harmonized standards for the
designation of such laboratories.
3. The Commission shall publish in the Official Journal of the European               93/68/EEC
Communities a list of notified bodies together with their identification numbers      Article 11 (6)
and a list of test laboratories, together with the tasks for which they have been
designated, and shall ensure that those lists are kept up to date.
4. A Member State having designated a notified body or a test laboratory under        91/263/EEC
paragraph 1 or 2 shall annul the designation if the notified body or the test
laboratory no longer meets the relevant criteria for designation. It shall
immediately inform the other Member States and the Commission accordingly and
withdraw the notification. Where a Member State or the Commission considers
that a notified body or a test laboratory designated by a Member State does not
meet the relevant criteria the matter shall be brought before the Committee
referred to in Article 28, which shall give its opinion within three months; in the
light of the Committee's opinion the Commission shall inform the Member State
concerned of any changes needed if that notified body or test laboratory is to retain
its recognized status.
                                                                                                               17
 ---pagebreak---  5. In order to facilitate the determination of conformity of terminal equipment    91/263/EEC
with technical regulations and standards, the notified bodies shall recognize
documentation issued by third country relevant bodies, when agreements between
the Community and the third country concerned have been concluded on the basis
of a mutually satisfactory understanding.
6. The notified bodies shall, when issuing an EC type-examination certificate
as referred to in Annex I, followed by the appropriate document referred to in
Annex II or DT, or a decision on quality assurance assessment as referred to in
Annex IV, issue at the same time an admimstrative approval for the connection of
the concernedterminalequipment to the publictelecommunicationsnetwork.
                                      Chapter HI
                    CE marking of conformity and inscriptions                       93/68/EEC
                                      Article 12                                                           Article 11
1. The marking of terminal equipment complying with this Directive shall            93/68/EEC
consist of the CE marking consisting of the initials CE, followed by the            Article 11 (7) and (8)
identification number of the notified body involved in the production control stage
and a symbol indicating that the equipment is intended and is suitable to be
connected to the public telecommunications network. The form of CE marking to
be used, together with the other information, is shown in Annex VI.
2. The affixing of markings on the equipment which are likely to deceive third
parties as to the meaning and form of the CE marking specified in Annexes VI
and Vil shall be prohibited. Any other marking may be affixed to the equipment
provided that the visibility and legibility of the CE marking is not thereby
reduced.
3. Terminal equipment shall be identified by the manufacturer by means of           91/263/EEC
type, batch and/or serial numbers and by the name of the manufacturer and/or
supplier responsible for placing it on the market
4. Equipment manufacturers or suppliers who place on the market equipment
as referred to in Article 3 shall affix the symbol specified in Annex VII in such a
way that it follows the initials CE as shown in Annex VI and visually forms an      93/68/EEC
integral part of the total marking.                                                 Article 11 (2)
                                      Article 13                                                           Article 12
Without prejudice to Article 9:                                                     93/68/EEC
                                                                                    Article 11 (9)
(a)   where a Member State establishes that the CE marking has been affixed
      improperly, the manufacturer or his authorized representative established
      within the Community shall be obliged to make the equipment conform as
      regards the provisions concerning the CE marking and to end the
      infringement under the conditions imposed by the Member State.
(b)   where non-conformity continues, the Member State must take all
      appropriate measures to restrict or prohibit the placing on the market of the
      equipment in question or to ensure that it is withdrawn from the market in
      accordance with the procedures laid down in Article 9.
                                                                                                                     18
 ---pagebreak---                                      TITLE H
                        Satellite earth station equipment
                                     Chapter I                                        93/97/EEC
                     Placing on the market and free circulation
                                     Article 14                                                 Article 1 (3^
The manufacturer or supplier of satellite earth station equipment shall declare
whether the equipment is intended or not intended for terrestrial connection to the
public telecommunications network.
                                     Article 15                                                    Article 2
1.     Member States shall take all appropriate measures to ensure that receive-
only satellite earth station equipment not intended for terrestrial connection to the
pubhc telecommumcations network may be placed on the market and put into
service and used on their territory, in conformity with national law compatible
with Community law, provided that it complies with the requirements of this
Directive when it is properly installed and maintained and used for its intended
purposes.
Such use must be in conformity with any national law, compatible with
Community law, which restricts the use to the reception of services intended for
that user.
2.     Member States shall take all appropriate measures to ensure that other
satellite earth station equipment may be placed on the market only if it complies
with the requirements of this Directive when it is properly installed and
maintained and used for its intended purposes. The use of such equipment may be
subject to licensing in conformity with Community law.
                                                                                                              19
 ---pagebreak---  3. Member States shall also take all appropriate measures to ensure that             93/97/EEC
satellite earth station equipment which is not intended for terrestrial connection to
the publictelecommunicationsnetwork is not permitted to be connected to the
pubhc telecommunications network.
4. Member States shall also take all appropriate measures to ensure that
satellite earth station equipment which is not intended for terrestrial connection to
the pubhc telecommunications network is disconnected from the pubhc
telecommunications network.
Member States shall moreover take all appropriate measures, according to their
national laws, to prevent terrestrial connection to the pubhc telecommumcations
network of such equipment
                                      Article 16                                                Article 3
Member States shall not impede thefreecirculation and the placing on the market
of satellite earth station equipment conforming to the provisions of this Directive.
                                      Article 17                                                Article 4
1. Satellite earth station equipment shall satisfy the same essential                 (adapted)
requirements as those set out in Article 5.
2. For the purpose of this Directive, the essential requirements of Article 5 (a)
shall imply the safety of persons in the same way as in Directive 73/23/EEC.
3. In the context of emission or emission-receive satellite earth station
equipment, the essential requirement set out in Article 5 (e) concerning effective
use of the radio frequency spectrum shall include the effective use of orbital
resources and the avoidance of harmful interference betw              .pacc-Htsed and
terrestrial communications systems and other technical systems.
4. In the context of satellite earth station equipment, electromagnetic
compatibility requirements in so far as they are specific to satellite earth station
equipment shall be subject to the essential requirement set out in Article 5 (c).
5. Satellite earth station equipment shall satisfy the essential requirement set
out in Article 5 (f), regarding the interworking of satellite earth station equipment
with the pubhctelecommunicationsnetwork.
                                                                                                        20
 ---pagebreak--- 6. Satellite earth station equipment shall satisfy the essential requirement set      93/97/EEC
out in Article 5 (g) regarding the interworking of satellite earth station equipment
via the pubhc telecommunications network in justified cases.
Cases where satellite earth station equipment is capable of supporting and
intended to support a service for which the Council has decided that there should
be Community-wide availability are considered as justified cases and the
requirements concerning this interworking shall be determined in accordance with
the procedure laid down in Article 29.
7. Notwithstanding paragraphs 1, 5 and 6, satellite earth station equipment
which is not intended for connection to the publictelecommumcationsnetwork
shall not be required to satisfy the essential requirements set out in Article 5 (b),
(d),(f)and(g).
                                      Article 18                                                Article 5
 1. Member States shall presume compliance with the essential requirements
referred to in Article 5 (a) and (b) in respect of satellite earth station equipment
which is in conformity with the national standards implementing the relevant
harmonized standards, thereferencesof which have been published in the Official
Journal of the European Communities. Member States shall publish the
references of such national-standards.
2. The Commission shall, in accordance with the procedure laid down in
Article 29, adopt
       as a first step, the measures identifying the type of satellite earth station
       equipment for which a common technical regulation is required, as well as
       the associated scope statement for that regulation, with a view to its
       transmission to the relevant standardization bodies,
       as a second step, once they have been prepared by the relevant
       standardization bodies, the corresponding harmonized standards, or parts
       thereof, implementing the essential requirements referred to in Article 17
       (3) to (6), which shall be transformed into common technical regulations,
       compliance with which shall be mandatory and the reference of which shall
       be published in the Official Journal of the European Communities.
                                      Article 19                                                Article 6
 Where a Member State or the Commission considers that the harmonized
 standards referred to in Article 18 exceed or do not entirely meet the relevant
 essential requirementsreferredto in Article 17, the same enquiry and notification
 procedures shall apply as those set out in Article 8.
                                                                                                         21
 ---pagebreak---                                      Article 20                                     93/97/EEC  Article 7
 1. Where a Member State finds that satelhte earth station equipment bearing
the marking under the provisions laid down in Chapter HI does not comply with
the relevant essential requirements when properly used in accordance with the
purpose intended by the manufacturer, the same measures, information and
consultation procedures shall apply as those set out in Article 9(1), (2) and (4).
2. Where satelhte earth station equipment which does not comply with the
relevant essential requirements bears the CE marking, the competent Member
State shall take appropriate action against whomsoever has affixed the marking.
The same notification procedures shall apply as those set out in Article 9 (3) and
(4).
                                    Chapter H
                              Conformity assessment
                                    Article 21                                                 Article 8
 1. All emission or emission-receive satelhte earth station equipment shall,        (adapted)
according to the choice of the manufacturer or his authorized representative
established within the Community, be subject to all the provisions~of Article 10
( 1 ) and (2) concerning conformity assessment
2. The same procedures regarding language requirements shall apply as those
set out in Article 10 (3).
                                    Article 22                                                 Article 9
Receive-only satelhte earth station equipment which is intended for terrestrial
connection to the pubhc telecommunications network shall, as far as its terrestrial
interface is concerned, be subject to the provisions of Article 21 (1) concerning
conformity assessment while, as far as other elements are concerned, they shall be
subject either to the provisions of Article 21 (1) or to the Community internal
production control procedure set out in Annex DC.
                                    Article 23                                                Article 10
Receive-only satelhte earth station equipment which is not intended for terrestrial
connection to the pubhc telecommunications network shall be subject either to the
provisions of Article 21 (1) or to the Community internal production control
procedure set out in Annex DC.
                                                                                                       22
 ---pagebreak---                                      Article 24                                   93/97/EEC Article 11
In addition to the provisions of Articles 21, 22 and 23, satelhte earth station
equipment which is not intended for connection to the pubhc telecommunications
network shall be accompanied by a manufacturer's or supplier's declaration made
and transmitted in accordance with the same procedures as those set out in
Article 3 and Annex VHL
                                     Article 25                                             Article 12
hi relation to satelhte earth station equipment, the same procedures for notified
bodies and test laboratories shall apply as those set out in Article 11 and Annex
V.
                                    Chapter HI
                    CE marking of conformity and inscriptions
                                     Article 26
                                                                                            Article 13
 1. The marking of sateUite earth station equipment by sateUite complying with
this Directive shaU consist of the CE marking consisting of the symbol CE,
foUowed by the identification number of the notified body responsible and,
where relevant, by a symbol indicating that the equipment is intended and is
suitable to be connected through a terrestrial connection to the pubhc
telecommunications network. The CE symbol, and the identification number
symbol shall be the same as those-shown-in Annex VL
2. The affixing of marks which are likely to be confused with the CE marking
referred to in paragraph 1 above shah be prohibited.
3. SateUite earth station equipment shaU be identified by the manufacturer by
means of type, batch and/or serial numbers and by the name of the manufacturer
and/or supplier responsible for placing it on the market
4. Notwithstanding paragraph 1, the marking of receive-only sateUite earth
station equipment which is not intended for terrestrial connection to the pubhc
telecommunications network and which has been subject to the Community
internal production control procedure set out in Annex DC
                             shah consist of the CE marking, consisting of the
symbol CE.
                                     Article 27                                             Article 14
Where it is established that the marking referred to in Article 26 (1) of this
Directive has been affixed to sateUite earth station equipment which:
      does not conform to an approved type, or
      conforms to an approved type which does not meet the essential
      requirements applicable to it, or
 where the manufacturer has failed to fulfil his obligations under the relevant
Community declaration of conformity, the same procedures shaU apply as those
set out in Article 13.
                                                                                                      23
 ---pagebreak---                                     TITLE m
                           COMMON PROVISIONS
                                     Chapter I                                       91/263/EEC
                                     Committee
                                     Article 28                                                 Article 13
1. The Commission shah be assisted by a Committee of an advisory nature
composed of the representatives of the Member States and chaired by the
representative of the Commission. The Committee shaU be caUed the Approvals
Committee for Terminal Equipment (ACTE).
2. Therepresentativeof the Commission shah submit to the Committee a draft
of the measure to be taken. The Committee shaU 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 shah be recorded in the minutes; in addition, each Member State
shaU have therightto ask to have its position recorded in the minutes.
The Commission shaU take the utmost account of the opinion delivered by the
Committee. It shah inform the Committee of the manner in which its opinion has
beenrtaken intoaccouut
3. The Commission shah periodicaUy consult the representative of the
telecommunications organizations, the users, the consumers, the manufacturers,       93/97/EEC
the service providers and trade unions and shaU inform the Committee on the
outcome of such consultations, with a viewtotaking due account of the outcome.
                                     Article 29                                                 Article 14
1. Notwithstanding Article 28 (1) and (2), the foUowing procedure shaU apply
for matters covered by Articles 5 (g), 7 (2), 17 (6) and 18 (2).
2. The representative of the Commission shaU submit to the Committee
referred to in Article 28 a draft of the measures to be taken as referred to in
Articles 5 (g), 7 (2), 17 (6) and 18 (2). The Committee shah deliver its opinion
on the draft within atimelimit which the chairman may lay down according to the
urgency of the matter. The opinion shall be delivered by the majority laid down in
Article 148 (2) of the Treaty in the case of decisions which the Countil is required
to adopt on a proposal from the Commission. The votes of the representatives of
the Member States within the Committee shah be weighted in the manner set out
in that Article. The chairman shall not vote.
The Commission shah adopt the measures envisaged if they are in accordance
with the opinion of the Committee.
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 measure to be taken. The Council
shaU act by qualified majority.
I£ within three months from the date of referral to it, the CouncU has not acted,
the proposed measure shall be adopted by the Commission.
                                                                                                          24
 ---pagebreak---                                       Chapter II
                         Final and transitional provisions
                                      Article 30                                  91/263/EEC     Article 15
                                                                                  93/97/EEC      Article 17 m
1. The Commission shaU draw up every second year a report on the
implementation of this Directive, including progress on drawing up the relevant
harmonized standards and on transforming them into technical regulations, as weU
as any problems that have arisen in the course of implementation. The report will
also outline the activities of the Committee, and assess progress in achieving an
open competitive market for terminal equipment at Community level consistent
with the essential requirementsreferredto in Article S.
2. The Commission shall, when submitting those draft measuresreferredto in        93/97/EEC
Article 18 (2) dealing with commontechnicalregulations, ensure that transition    Article 17 (2)
arrangements, where appropriate, form part of the draft measures.
                                      Article 31                                                  Article 8 (3)
Article 10 (5) of Directive 89/336/EEC shaU not apply to equipment falling within
the scope of this Directive.
                                       Article 32                                 91/263/EEC       Article 16
1. Any type approval granted by Member States in accordance with Council
Directive 86/361/EECK1^ may remain valid under the legislation of the Member
States within the criteria of validity appropriate to the original approval.
2. Measures adopted under Directive 86/361/EEC shaU be submitted to the
COmmittee under the procedure of Article 29 for possible transposition into
common technical regulations.
                                       Article 33                                 91/263/EEC     Article 17 (2)
                                                                                  93/97/EEC      Article 18 (2)
Member States shaU inform the Commission of the main provisions of domestic
law which they adopt in thefieldgoverned by this Directive.
 (1)   OJ No L 217,5.8. 1986, p. 21; Directive repealed by Directive 91/263/EEC.
                                                                                                              25
 ---pagebreak---                                      Article 34
1. The Directives listed in Annex X, Part A, are hereby repealed without prejudice
to the obhgations of the Member States concerning the deadlines for transposition
of the said Directives set out in Annex X, Part B.
2. References to the repealed Directives shaU be construed as references to this
Directive and should be read in accordance with the correlation table in Annex XL
                                     Article 35
This Directive shaU enter into force the twentieth day foUowing that of its
publication in the Official Journal of the European Communities.
                                     Article 36
This Directive is addressed to the Member States.
Done at
For the Parliament                                     For the Council
The President                                         The President
                                                                                   26
 ---pagebreak---                                       ANNEX I                                                        91/263/EEC
                          EC TYPE-EXAMINATION
1. EC type-examination is that part of the procedure whereby a notified body
   ascertains and attests that a specimen, representative of the production
   envisaged, meets the provisions of the Directive that apply to it.
2. The apphcation for the EC type-examination shah be lodged by the
   manufacturer or his authorized representative established vvithin the
   Community with a notified body of his choice.
   The apphcation shaU include:
   -    the name and address of the manufacturer and, if the apphcation is
        lodged by the authorized representative, his name and address in
        addition,
   -    a written declaration that the same apphcation has not been lodged with
        any other notified body,
   .    the technical documentation, as described in point 3.
   The applicant shaU place at the disposal of the notified body a specimen,
   representative of the production envisaged and hereinafter called type'/1)
   The notified body may request further specimens if needed for cairywg out
   the test programme.
3. The technical documentation shaU enable the conformity of the product with
   the essential requirements of the Directive to be assessed. It shah, as far as
   relevant for such assessment, cover the design, manufacture and operation of
   the product
   For example, the documentation shaU contain as far as is relevant for
   assessment
   -    a general type-description sufficient to identify the product preferably by
        provision of photographs,
   -    design and manufacturing drawings and lists of components, sub-
        assemblies, circuits, etc.,
   -    descriptions and explanations necessary for the understanding of said
        drawings and lists and the operation of the product,
   -    a list of the standardsreferredto in Article 7, applied in full or in part,
        and descriptions of the solutions adopted to meet the essential
        requirements of the Directive when the standards referred to in Article
        7 have not been applied,
W   A type may cover several versions of the product provided that the differences between the versions do not affect the level of safety and the other
   requirements concerning the performance ofthe product
                                                                                                                                                   27
 ---pagebreak---           results of examinations carried out, etc.,                              91/263/EEC
          test reports,
          proposed user information or handbook.
4.   The notified body shaU:
4.1. examine the technical documentation, verify that the type has been
     manufactured in conformity with it and identify the elements which have
     been designed in accordance with the relevant provisions of the standards
     referred to in Article 7 (1), as well as the components of those standards;
4.2. perform, or have performed, the appropriate examinations and necessary
     tests to check whether the solutions adopted by the manufacturer meet the
     essential requirements of the Directive which are specified in Article 5 (a)
     and (b);
4.3. perform, or have performed, the appropriate examinations and necessary
     tests to check that the type meets the relevant common techmcal regulations
     specified in Article 7 (2);
4.4. agree with the applicant on the location where the examinations and
     necessarytestsare to be carried out
5.   Where the type meets the provisions of the Directive, the notified body shaU
     issue an EC type-examination certificate to the applicant The certificate
     shall contain the name and address of the manufacturer, conclusions of the
     examination, conditions for its validity and the necessary data for
     identification of the approved type.
     A list of the relevant parts of the technical documentation shall be annexed
     to the certificate and a copy kept by the notified body.
6.   The applicant shaU inform the notified body that holds the technical
     documentation concerning the EC type-examination certificate of all
     modifications to the approved product which must receive additional
     approval where such changes may affect the conformity with the essential
     requirements or the prescribed conditions for use of the product. This
     additional approval is given in the form of an addition to the original EC
     type-examination certificate.
7.   Each notified body shaU communicate to the other notified bodies the
     relevant information concerning the EC type-examination certificates and
     additions issued and withdrawn.
8.   The other notified bodies may request copies of the EC type-examination
     certificates and/or their additions. The Annexes to the certificate shall be
     kept at the disposal of the other notified bodies.
                                                                                             28
 ---pagebreak--- The manufacturer or his authorized representative shall keep with the            91/263/EEC
technical documentation copies of EC type-examination certificates and
their additions for a period ending at least 10 years after the last product has
been manufactured.
Where neither the manufacturer nor his authorized representative is
established within the Community, the obligation to keep the technical
documentation available shah be the responsibihty of the person who places
the product on the Community market
                                                                                            29
 ---pagebreak---                               ANNEX II                                         91/263/EEC
                     CONFORMITY TO TYPE
Conformity to type is that part of the procedure whereby the manufacturer or
his authorized representative established within the Community ensures and
declares that the products concerned are in conformity with the type as
described in the EC type-examination certificate and satisfy the
requirements of the Directive that applies to them. The manufacturer or his    93/68/EEC
authorized representative establishedwithin the Community shall affix the      Article 11 (10)
markings provided for in Article 12 (I) to each product and draw up a
written declaration of conformity to type.
The manufacturer shaU take aU measures necessary to ensure that the
manufacturing process assures compliance of the manufactured products
with the type as described in the EC type-examination certificate and with
the requirements of the Directive that apply to them.
The manufacturer or his authorized representative shaU keep a copy of the
declaration of conformity for a period ending at least 10 years after the last
product has been manufactured.
Where neither the manufacturer nor his authorized representative is
established within the Community, the obligation to keep the declaration of
conforming to type avaUable shall be the responsibihty of the person who
places the product on the Community market
A notified body chosen by the manufacturer shaU carry out or have carried
out, product checks at random intervals. An adequate sample of the final
products, which may be taken on site by the notified body or on its behalf,
shaU be examined and appropriate tests shaU be carried out to check the
conformity of products with the relevant requirements of the Directive. In
those cases where one or more of the products checked do not conform, the
notified body shah take appropriate measures.
                                                                                               30
 ---pagebreak---                                     ANNEX III                                       91/263/EEC
                   PRODUCTION QUALITY ASSURANCE
1.   Production quahty assurance is the procedure whereby the manufacturer
     who satisfies the obhgations of point 2 ensures and declares that the
     products concerned are in conformity with the type as described in the EC
     type-examination certificate and satisfy the requirements of the Directive
     that apply to them. The manufacturer or his authorized representative          93/68/EEC
     established within the Commumty shaU affix the markings provided for in        Article 11 (10)
     Article 12 (1) to each product and draw up a written declaration of
     conformity to type.
2.   The manufacturer shaU operate an approved quahty system for production,
     final product inspection and testing as specified in point 3 and shall be
     subject to monitoring as specified in point 4.
3.   Quahty system
3.L The manufacturer shaU lodge an apphcation for assessment of his quality
     system with a notified body of his choice, for the products concerned.
     The apphcation shaU include:
     -    aU relevant information for the product category envisaged,
     -    the documentation concerning the quahty system,
      -   if applicable, the techmcal documentation of the approved type and a
          copy of the EC type-examination certificate.
3.2. The quahty system shaU ensure comphance of the products with the type as
      described in the EC type-examination certificate and with the requirements
      of the Directive that apply to them.
      AU the element, requirements and provisions adopted by the manufacturer
      shah be documented in a systematic and orderly manner in the form of
      written policies, procedures and instructions. The quality system
      documentation must permit a consistent interpretation of the quahty
      programmes, plan, manuals and records.
      It shah contain in particular an adequate description of:
      -    the quahty objectives and the organizational structure, responsibilities
           and powers of the management with regard to product quahty,
           the manufacturing, quahty control and quality assurance techniques,
           processes and systematic actions that wiU be used,
                                                                                                    31
 ---pagebreak---       -    the examinations and tests wUl be carried out before, during and after               91/263/EEC
          manufacture, and the frequency with which they wiU be carried out,
     -     the quahty records, such as inspection reports and test data, calibration
          data, qualification reports of the personnel concerned, etc.,
     -     the means to monitor the achievement of the required product quahty
          and the effective operation of the quahty system.
3.3. The notified body shaU assess the quahty system to determine whether it
     satisfies the requirements referred to in point 3.2. It shaU presume
     conformity with these requirements in respect of quahty systems that
     implement therelevantharmonized standard/*)
     The auditing team shah have at least one member with experience of
     evaluation in the product technology concerned. The evaluation procedure
     shaU include an inspection visit to the manufacturer's premises.
     The decision shaU be notified to the manufacturer. The notification shaU
     contain the conclusions of the examination and the reasoned assessment
     decision.
3.4. The manufacturer shaU undertake to fulfil the obhgations arising out of the
     quahty system as approved and to uphold it so that it remains adequate and
     efficient
     The manufacturer or his authorized representative shaU keep the notified
     body that has approved the quahty system informed of any intended
     updating of the quality system.
     The notified body shall evaluate the modifications proposed and decide
     whether the amended quahty system wiU stiU satisfy the requirements
     referred to in point 3.2. or whether a re-assessment is required.
     It shaU notify its decision to the manufacturer. The notification shaU contain
     the conclusions of the examination and the reasoned assessment decision.
4.   Surveillance under the responsibility of the notified body
4.1. The purpose of surveiUance is to make sure that the manufacturer duly
     fulfils the obhgations arising out of the approved quahty system.
0)   This harmonized standards shall be EN ISO 9002, supplemented, if necessary, to take into account the specific nature of the procedure for
     which it is implemented.
                                                                                                                                           32
 ---pagebreak--- 4.2. The manufacturer shall allow the notified body access for inspection             91/263/EEC
     purpose to the locations of manufacture, inspection and testing, and storage
     and shall provide it with all necessary information, in particular:
     -   the quahty system documentation,
     -   the quahty records, such as inspection reports and test data, calibration
         data, qualification reports of the personnel concerned, etc.
4.3. The notified body shaU carry out audits at reasonable intervals to make sure
     that the manufacturer maintains and applies the quahty system and shaU
     provide an audit report to the manufacturer.
4.4. AdditionaUy, the notified body may pay unexpected visits to the
     manufacturer. During such visits the notified body may carry out, or cause to
     be carried out, tests to verify that the quahty system is functioning correctly,
     if necessary. The notified body shaU provide the manufacturer with a visit
     report and, if a test has taken place, with a report
5.   The manufacturer shaU, 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 reportsfromthe notified body which are referred to in
         the final paragraph of points 3.4., 4.3. and 4.4..
6.   Each notified body refened to in Article 11 (1) shah make available to the
     other notified bodies refened to in that Article the relevant information
     concerning the quality system approvals issued and withdrawn.
                                                                                                 33
 ---pagebreak---                                     ANNEX IV                                        91/263/EEC
                         FULL QUALITY ASSURANCE
     FuU quahty assurance is the procedure whereby the manufacturer who
     satisfies the obligations of point 2 ensures and declares that the products
     concerned satisfy the requirements of the Directive that apply to them. The
     manufacturer or his authorized representative shaU affix the markings          93/68/EEC
     provided for in Article 12 (I) to each product and draw up a written           Article 11 (11)
     declaration of conformity.
2.   The manufacturer shaU operate an approved quahty system for design,
     manufacture and final product inspection and testing as specified in point 3
     and shaU be subject to surveillance as specified in point 4.
3.   Quahty system
3.1. The manufacturer shaU lodge an apphcation for assessment of his quahty
     system with a notified body.
     The apphcation shaU include:
     -    aU relevant information for the products envisaged,
     -    the quality system's documentation.
3.2. The quahty system shah ensure comphance of the products with the
     requirements of the Directive that apply to them,
     AU the elements, requirements and provisions adopted by the manufacturer
     shaU be documented in a systematic and orderly manner in the form of
     written policies, procedures and instructions. This quahty system
     documentation shaU ensure a common understanding of the quality policies
     and procedures such as a quahty programmes, plans, manuals and records.
     It shah contain in particular an adequate description of:
     -    the quahty objectives and the organizational structure, responsibilities
          and powers of the management with regard to design and product
          quality,
     -    the technical specifications, including the harmonized standards and
          technical regulations as weU as relevant test specifications that will be
          apphed and, where the standards refened to in Article 7(1) will not be
          applied in full, the means wiU be used to ensure that the essential
          requirements of the Directive that apply to the products will be met,
                                                                                                    34
 ---pagebreak---            the design control and design verification techniques, processes and                   91/263/EEC
           systematic actions that wiU be used when designing the products
           pertaining to the product category covered,
     -     the corresponding manufacturing, quahty control and quality assurance
           techniques, processes and systematic actions that wUl be used,
     -     the examinations and tests wiU be carried out before, during and after
           manufacture, and the frequency with which they wiU be carried out; as
           weU 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 quahty 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 quahty and the effective operation of the quahty system.
3.3. The notified body shaU asses the quahty system to determine whether it
     satisfies the requirements refened to in point 3.2. It shall presume
     comphance with these requirements in respect of quahty systems that
     implement the relevant harmonized standard. W
     The notified body shaU assess in particular whether the quahty control
     system ensures conformity of the products with the requirements of the
     Directive in the tight of the relevant documentation supphed in respect of
     points 3.1. and 3.2. including, where relevant, test results supphed by the
     manufacturer.
     The auditing team shaU have at least one member experienced as an
     assessor in the product technology concerned. The evaluation procedure
     shaU include an assessment visit to the manufacturer's premises.
     The decision shaU be notified to the manufacturer. The notification shaU
     contain the conclusions of the examination and the reasoned assessment
     decision.
(1)  This-harmonized standard shall be EN ISO 9001, supplemented, if necessary, to take into account the specific nature of the products for which
     it is implemented.
                                                                                                                                               35
 ---pagebreak--- 3.4. The manufacturer shaU undertake to fulfil the obligations arising out of the   91/263/EEC
     quahty system as approved and to uphold it so that it remains adequate and
     efficient
     The manufacturer or his authorized representative shall keep the notified
     body that has approved the quality system informed of any intended
     updating of the quality system.
     The notified body shah evaluate the modifications proposed and decide
     whether the amended quahty system wiU still satisfy the requirements
     refened to in point 3.2. or whether a re-assessment is required.
     It shaU notify its decision to the manufacturer. The notification shah contain
     the conclusions of the examination and the reasoned assessment decision.
4.   EC surveiUance under the responsibility of the notified body
4.1. The purpose of surveillance is to make sure that the manufacturer duly
     fulfils the obhgations arising out of the approved quahty system.
4.2. The manufacturer shaU aUow the notified body access for inspection
     purposes to the locations of design, manufacture, inspection and testing, and
     storage and shah provide it with aU necessary information, in particular
     -    the quahty system documentation,
     -    the quahty records as foreseen by the design part of the quahty system,
          such as results of analyses, calculations, tests, etc.
     -    the quahty 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 shaU carry out audits at reasonable intervals to make sure
     that the manufacturer maintains and apphes the quality system and shall
     provide an audit report to the manufacturer.
                                                                                               36
 ---pagebreak--- 4.4. AdditionaUy, the notified body may pay unexpected visits to the                91/263/EEC
     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
     quahty system where necessary; it shaU provide the manufacturer with a
     visit report and, if a test has been carried out, with a test report.
5.   The manufacturer shall, for a period ending at least 10 years after the last
     product has been manufactured, keep at the disposal of the national
     authorities:
     -   the documentationreferredto in the second indent of point 3.1.,
     -    the updatingreferredtoin the second paragraph of point 3.4.,
     -   the decisions and reports from the notified body which are refened to in
         the final paragraph of points 3.4., 4.3. and 4.4..
6.   Each notified body referred to in Article 11 (1) shaU make avaUable to the
     other notified bodies referred to in that Article the relevant information
     concerning quahty system approvals including references to the produces)
     concerned, issued and withdrawn.
                                                                                               37
 ---pagebreak---                                     'ANNEX V                                        91/263/EEC
  MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER
 STATES WHEN DESIGNATING NOTIFIED BODIES IN ACCORDANCE
                             WITH ARTICLE 11(1)
1.   The notified body, its director and the staff responsible for carrying out the
     tasks for which the notified body has been designated shaU not be a
     designer, manufacturer, supplier or instaUer of terminal equipment, or a
     network operator or a service provider, nor the authorized representative of
     any of such parties. They shah not become directly involved in the design,
     construction, marketing or maintenance of terminal equipment, nor
     represent the parties engaged in these activities. This does not preclude the
     possibility of exchanges of technical information between the manufacturer
     and the notified body.
2.   The notified body and its staff must carry out the tasks for which the
     notified body has been designated with the highest degree of professional
     integrity and technical competence and must be free from aU pressures and
     inducements, particularly financial, which might influence their judgement
     or the results of any inspection, especiaUy from persons or groups of persons
     with an interest in such results.
3.   The notified body must have at its disposal the necessary staff and facilities
     to enable it to perform properly the administrative and technical work
     associated with the tasks for which it has been designated.
4.   The staff responsible for inspections must have:
         sound techmcal and professional training,
     -    satisfactory knowledge of the requirements of the tests or inspections
         that are carried out and adequate experience of suchtestsor inspections,
     -    the ability to draw up the certificates, records and reports required to
         authenticate the performance of the inspections.
5.   The impartiahty 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.
                                                                                               38
 ---pagebreak--- 6. The notified body must take out liabihty insurance unless its liability is      91/263/EEC
   assumed by the State in accordance with national law, or the Member State
   itself is directly responsible.
7. The staff of the notified body is bound to observe professional secrecy with
   regard to ah information gained in carrying out its tasks (except vis-à-vis the
   competent admimstrative authorities of the State in which its activities are
   carried out) under this Directive or any provision of national law giving
   effect thereto.
                                                                                              39
 ---pagebreak---                                              ANNEX VI                                      93/68/EEC
                                                                                           Article 11 (12)
          MARKING FOR THE TERMINAL EQUIPMENT REFERRED TO IN
                                          ARTICLE 12 (1)
              The CE conformity marking shaU consist of the mitials CE' taking the
              foUowing form, foUowed by the additional information referred to in Article
              12(1);
C\:. initials               Identification number of ihc        Symbol «if suitability for
                                     notified bodv              connection to the public
                                                              telecommunications network
      (See Official Journal of the European Communities for character font)
             If the CE marking isreducedor enlarged the proportions given in the above
              graduated drawing must be respected.
             The various components of the CE marking must have substantially the
              same vertical dimension, which may not be less than 5 mm.
                                                                                                           40
 ---pagebreak---                            ANNEX VII                                        93/68/EEC
                                                                            Article 11 (13)
     MARKING FOR THE EQUIPMENT REFERRED TO IN
                         ARTICLE 12 (4)
If the CE marking is reduced or enlarged the proportions given in the above
graduated drawing must be respected.
The various components of the CE marking must have substantiaUy the
same vertical dimension, which may not be less than 5 mm.
                                                                                            41
 ---pagebreak---                                     ANNEX VIII                                   91/263/EEC
    MODEL OF A DECLARATION REFERRED TO IN ARTICLE 3 (1) OF
      DEFECTIVE .../.../EC RELATING TO TELECOMMUNICATIONS
       TERMINAL EQUIPMENT AND SATELLITE EARTH STATION
   EQUIPMENT, INCLUDING THE MUTUAL RECOGNITION OF THEIR
                                  CONFORMITY
 The manufacturer/suppher^1).
 Declares that{2).
 is not intended to be connected to a pubhc telecommunications network.
 The connection of such equipment to a pubhctelecommumcationsnetwork in the
 Commumty Member State wiU be in violation of the national law implementing
 this Directive on the approximation of the laws of the Member States concerning
telecommunication terminal equipment, including the mutual recognition of their
conformity.
DATE, PLACE AND SIGNATURE
' '    Name and address.
"'     Equipment identification.
                                                                                            42
 ---pagebreak---                                   ANNEXIX                                         93/97/EEC
                                                                                  Annex
                COMMUNITY INTERNAL PRODUCTION
                          CONTROL PROCEDURE
1. This Annex describes the procedure whereby the manufacturer or his
   authorized representative established within the Commumty, who carries
   out the obhgations laid down in 2, ensures and declares that the products
   concerned satisfy the requirements of this Directive that apply to them.
   The manufacturer must affix the CE marking to each product and draw up a
   written declaration of conformity.
2. The manufacturer must establish the technical documentation described in 3
   and he or his authorized representative established within the Community
   must keep it, for a period ending at least 10 years after the last product has
   been manufactured, at the disposal of the relevant national authorities for
   inspection purposes.
   Where neither the manufacturer nor his authorized representative is
   established within the_ Community, the obligation to keep the-technical
   documentation available is theresponsibilityof the person who places the
   product on the Commumty market
3. Technical documentation must enable the conformity of the products to be
   assessed against the requirements of this Directive that apply to them. It
   must contain, so far as relevant for assessment
       a general description of the product,
       conceptual design and manufacturing drawings and lists of components,
       sub-assemblies, circuits, etc.,
       descriptions and explanations necessary for the understanding of the
       said drawings and lists and the operation of the product,
       a list of the standards mentioned in Article 18 of this Directive applied
       in Ml or as far as is relevant or, in the absence of such standards, the
       techmcal construction file, and descriptions of the solutions adopted to
       meet those requirements of this Directive that apply to the products,
       results of design calculations made, examinations carried out, etc.,
       test reports.
4. The manufacturer or his authorized representative must keep a copy of the
   declaration of conformity with thetechmcaldocumentation.
5. The manufacturer must take aU measures necessary to ensure that the
   manufacturing process ensures comphance by the manufactured products
   with the technical documentation refened to in 2 and with those
   requirements of this Directive that apply to them.
                                                                                            43
 ---pagebreak---                              ANNEX X
                              PART A
                       Repealed Directives
                     (referred to in Article 34)
Directive 91/263/EEC
Directive 93/68/EEC              Only Article 11
Directive 93/97/EEC
                                                 44
 ---pagebreak---                                                              PARTB
                                 Deadlines for transposition into national law
                                                 (referred to in Article 34)
Directive                                                        Deadline for transposition
 Directive 91/263/EEC                                             6 November 1992
 Directive 93/68/EEC                                              1 July 1994 <*)
 Directive 93/97/EEC                                              1 May 1995
(*)  Until 1 January 1997, Member States shall allow the placing on the market and the bringing into service of telecommunications terminal
     equipment which comply with the marking arrangements in force before 1 January 1995.
                                                                                                                                        45
 ---pagebreak---                                     ANNEX XI
                          CORRELATION TABLE
I This Directive 1 Directive 91/263/EEC        | Directive 93/97/EEC   I
 Article 1 (1)   I Article 1 (1)               I Article 1 (1)
 Article 1 (2)     Article 1 (2)                 Article 1 (2)
 Article 2         Article 1 (3)
 Article 3         Article 2
 Article 4         Article 3
 Article 5         Article 4
 Article 6         Article 5
 Article 7         Article 6
 Article 8         Article 7
 Article 9)        Article 8
 Article 10        Article 9
 Article 11        Article 10
 Article 12        Article 11                    ;
 Article 13        Article 12
 Article 14                                    Article 1 (3)
 Article 15                                    Article 2
 Article 16                                    Article 3
 Article 17                                    Article 4
 Article 18                                    Article 5
 Article 19                                    Article 6
 Article 20                                    Article 7
 Article 21                                    Article 8
 Article 22                                    Article 9
 Article 23                                    Article 10
 Article 24                         t          Article 11
 Article 25                                    Article 12
 Article 26                                    Article 13
 Article 27                                    Article 14
 Article 28        Article 13
 Article 29        Article 14
 Article 30(1)     Article 15                  Article 17(1)
 Article 30 (2)                                Article 17 (2)
 Article 31                                    Article 8 (3)
 Article 32 (1)    Article 16 (3)
 Article 32 (2)    Article 16 (4)
 Article 33        Article 17(2)               Article 18 (2)
 Article 34                       .
 Article 35
 Article 36
 Annex I           Annex I
 Annex U           Annex E
 Annex HI          Annex UI
 Annex IV          Annex IV
 Annex V           Annex V
 Annex VI          Annex VI
 Annex VU          Annex VU
 Annex VUI         Annex VUI
 Annex DC                                      Annex
 Annex X
 Annex XI        1                           j                       j
                                                                         46
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 612 final
                                              DOCUMENTS
EN                                                                           15
                                     Catalogue number : CB-CO-95-648-EN-C
                                                             ISBN 92-77-97050-2
Office for Official Publications of the European Communities
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