CELEX: 51989PC0107
Language: en
Date: 1989-03-06
Title: Re-examined proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to electromagnetic compatibility (presented by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 107
Vol. 1989/0032
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(89 ) 107 final - SYN 105
                                              Brussels , 6 March 1989
                         Re-examined proposal for a
                              COUNCIL DIRECTIVE
           on the approximation of the laws of the Member States
                 relating to electromagnetic compatibility
 ( presented by the Commission pursuant to Article 149 (2 ) ( d ) of the
                                 EEC Treaty )
 ---pagebreak---                                                       -    2  -
                                            EXPLANATORY            NOTE
At , its sitting on 15 February 1989 the European Parliament
delivered a recommendation on the Common Position adopted by
the        Council         concerning            the        proposal         for      a      directive           on
electromagnetic                 compatibility                laid    down      in    Council            document
0774 / 88         of   4.11.1988 .           The     recommendation               of      the       Parliament
contains           four    amendments .
This       proposal         takes       Into     account          the modifications                   suggested
by     the       European        Parliament          where        the    Commission              was     able     to
accept          them .
1 .   Amendment           No .   1
Amendment            No .   1    alms      at   modifying           the   11th       recital            which     is
! v < ù 1. 0 C2   LO  ni l i C i u  i vJ • 4  OT   li lì ©   piOpOSclI      I Ul   ci   li I f~ 6 C X i V 0 • i u I 3
amendment                 proposes             to           llmit        the          procedure                 for
télécommunications                  terminais             laid     down    !n     the      abovement loneci
Article           to on l y     one of        the    EMC      phenomena -          namely          to     the   one
related          to the electrlcal               outlets         ( i.e .  conduction ).
However ,          there       Is no reason for maintaining this amendment                                        as
 the    parallel          amendment          to modify          Article       10 . 4    did       not     receive
a majority            vote      at  the Parliament .                Independently of                  this ,    the
Commission considers that                        a    limitation of            the CE-type approval
 to     the        one     EMC     phenomena              related        to      conduction                is   not
acceptable for                a number of          technical          reasons .
 ---pagebreak---                                                          3
One such reason                  Is ,   that other EMC phenomena have a particular
bearing            on    telecommunications                 terminals .              If   for        example           a
telephone set would not have the appropriate                                           Immunity          It could
be    disturbed             by     a    radloset       operating            nearby       and       this       would
reduce the quality of the service . Another difficulty with the
proposed amendment                     appears       in relation            to    terminals which                  are
connected             to    the       public      network         via      a    radio        Interface .             In
those cases ,             the     " conduction " phenomenon                    Is not applicable .
2 .  Amendment           No .     2
Article             10.2        concerns           the      certification                 procedure                for
apparatus             to   which        standards        have       not      been      applied          or    where
standards            do  not      exist .
Amendment             No .     2      relates       to    the       obligation            to       1 nf ortri      the
competent            authorities            and     to   ho 1 d     a   technical           file        at    their
•' ' p C ·.· a i .   The    > oiiiiM I ós i ou   accepte       i II ¡ C   IIIUU 1 1 ívu , i \J i *  o i   A r i. i C 1 e
10.2         in     order        to     ensure       that     only         one       relevant            national
authority            has     to     be   Informed        and    that        the     technical           file       has
to be kept only at                     the disposal         of     that authority .
3.   Amendment             No .     3   proposes       a   new wordlng              for    the       définition
of    the        range       of      apparatus         addressed           by     Article          10.4 .        On l y
télécommunications                      terminal        equlpment            whlch       are       subject           to
type      approval           accordlng          to    the Directive 86 / 361 / EEC and                           thus
meant         to    be   connected           to   a   public       network          are   covered .          As      it
 Is    indeed          the      intention         wlth      Article          10.4       on I y     to     address
télécommunications terminais for                              connection             to public networks
the Commission accepts Amendment                              No .     3.
 ---pagebreak---                                        4
4 . Amendment No .   4 is meant to speclfy wLthln Annex 1         that the
date to be    Indlcated adjacent to the CE-mark should be that of
the flrst placing on the market .
The Commission prefers to maintain           its  initial  proposal    which
provides    the   year   in    which   the  mark   has   been  placed    and
therefore does not accept        this amendment .
The   Initial   proposal    is  In  line with    analogous  provisions     In
other   directives .   This     date    is meant    as a   reference ,   for
numbers of products ,     for a series of      tests .
 ---pagebreak---                                                   5
                                  Re-examined proposal for a
                                        COUNCIL DIRECTIVE
         on   the approximation of            the      laws of     the Member          States
                  relatlng to e I ect romagnet I c compa t I b I I I t y
Following         the   recommendation delivered at                      the   second      reading
by      the      European       Parliament            ( 1 ),    under        the     cooperation
procedure ,        on  the Common Position adapted by                        the Council        with
a view to adopt           the directive on electromagnetic compatibility
( 2 ),     the    Commission        has     decided         to   amend       Its    proposal      as
f o I I ows :
1 . Article 10 ,        paragraph 2 ,         ls to read as follows :
”2 .      In   the   case   of    apparatus         for    which      the    manufacturer        has
          not   applied ,     or   has    applied         only    In    part ,   the     standards
          referred     to    In  Article 7          (1 )   or    falling      such      standards ,
          the     maiiUi acc.i ;-:!       .     .. . «      uu        i tau     représentative
          establlshed       wlthln      the    Commun ! ty        shall     hold     a   techn I ca I
          c onstruction        file     at     the        disposai        of    the      competent
          national     authorlty ,       which      shall      be    Informed      accordingly ,
          as   soon   as   the     apparatus         ls    placed      on   the    market .     This
          file     shall      descrlbe        the       apparatus         and     set     out    the
          procedures       used     to   ensure         conformity         of    the     apparatus
          with    the protection requirements referred to                           In Article 4
          and   Include     a   technical       report        certificate ,        one or      other
          obtalnod from a competent body .
          The   file   shall     be   held at        the     disposal      of   this     competent
          authority      for     ten    years        following          the   placing       of   the
          apparatus on        the market .
1 )
2)    Counc I I    doc.   8774 / 88 of      4 November          1988 .
 ---pagebreak---                                                  6
       Where    neither       the       manufacturer                   nor      his     authorized
       representative      Is established within the Community ,                                this
       obligation    to   keep      a     technical            file       available       shall   be
       the responsibility of the person who places the apparatus
       on  the Community market .
       The   conformity     of     apparatus            with        that     described       in  the
       technical   file    shall       be     certified            In    accordance       with   the
       procedure   laid down        In paragraph 1 .
       Member States shall          presume ,          subject          to the provisions of
       this paragraph ,      that      such apparatus meets the protection
       requirements referred to                  in Article 4 ."
2 . Article 10 , paragraph 4 ,              ls to read as follows :
"4 .   Conformity     of    telecommunications                       terminals         subject    to
     , ij>pe  approval   a c c o r a ■ . si   ■■ ^  ^ i i o v. i I v o   oo / ooi / tti   with   the
       provisions     of    this        directive               shall        be     certified     In
       accordance    with     the     procedure              laid       down     in   paragraph    1
       once   the  manufacturer             or     his      authorized            representative
       established within the Community has obtained an EC type -
       examination certificate concerning this apparatus                                      issued
       by one of    the notified bodies referred to                               In paragraph 6
       of  this  Article ."
 ---pagebreak---                                                                                                                                                                             EN
                                 European Communities
         gp
         PE
                                 EUROPEAN PARLIAMENT
             2 5 . 01 . 1989                                 SERIES A                             DOCUMENT                 A2-O36O / 0B
                                                                                                   SYN 105
                                     ** II ( Coopération Procedure )
                                    SECOND READING
                                    Recommendation of the Committee on Economie and Monetary
                                    Affairs and Industrial Policy concerning the C0MM0N
                                    POSITION of the Council with a view to adopting a
                                    directive on the approximation of the laws of the Member
                                    States relating to electromagnetic compatability
                                     ( C2-192 / 88 ) .
                                    Rapporteur : Mr fernand H. J. HERMAN
                                                                                                                PE 128.025 / fin .
A Sériés Reports • 8 senes: Motions for Résolutions. Oral Questions. Written Déclarations, etc ■ C Senes Documents receler} from other institutions (e g Consuita:ons/
                                                                                 Coopor .ilton procedure ( '.••rond re.iding ) which requ>res the voies of ihp   o' : r,<* Mm
            Cun&ullaiion procedure reQumng n single rejd-ruj             ni      Of Pariiament
            Cooperoson procedure ((irsi read«ng )                   Γ.:.Ί        Pariia^emary asseni wh.ch reQu' r e$ the votes of the ma,ority o * the eurent Me^rors of C Ô * a
                                                                                 mont
 ---pagebreak---                                                           1
- At Ils sitting oi K, september 1988 , the Européen Parlement delivereu
    il -, opinion on fi est mding on lhe proposai trom t lie Commission lo
    the Council for a directive on the approximation of the laws of the
    Member States relating to electromagnetic compatabi l i ty ( COM ( 87 ) 527 * in
    - C2-235 / 87 ) 2
- At the sitting of 16 November , the President of the Européen Parliament
    announced that he had received the common position of the Council
    ( Doc . C2-192 / 88 ), which had been referred to the Committee on Economic
    and Monetary Affairs and Industrial Policy as the committee responsible
    and to the Committees on Budgets , Energy , Research and Technology and
    Transport for an opinion .
    Tiie Committee on tconomic and Monetary Affairs and Industrial Policy
    considered the common por;ition at its meeting of 23-24 January 1989
    and adopted the following recommendation unanimously .
    The following took part in the vote :
    BEUMER ( P ), BEAZLEY ( VP ), HERMAN ( Rapporteur ), ARGUELLES , BAILLOT ,
    BESSE , BONACCINI , BUENO VICENTE , CHANTERIE , DELOROZOY , de VRIES ,
    KELLET-BOWMAN , METTEN , PATTERSON , RAFTERY , ROGALLA , SCHREIBER ,
    STARITA , von WOGAU , ALAVANOS ( replacing ABOIM INGLEZ ), AMARAL ( re ¬
    placing T. NIELSEN ), PINTASILGO ( replacing MEDEIROS FERREIRA ),
    Messes AMBERG , COLOM I NAVAL and GAMA ( présent according to Rule 111.2
    of the Rules of Procedure ).
- The Committees on Budgets , Energy , Research and Technology and Transport
                 nnt* + £ fjiyû op pr\ ■»*•*■» op
    l h i r> rotommencJii i ion wa *? tobled on 25 January 1989
     Ihe dcadi me for tabling amendments to the common position or proposals
    to reiect it will appear on the draft agenda for the part-session at
    which the common position is to be considered .
 1 OJ Nr C262 of 10.10.1988, p. 78 .
 2 OJ Nr C322 of 2.12.1987, p. A.
                                               -3-
                                                                    PE 128.025 / Fin .
                                           •* '.«je. v.«*   •»  I *
 ---pagebreak--- Hocv mnenitat i<»n for • ! '<“ son >M « i iiw.llnq
Kxplanatory slalnnonl
                                          -4-
                                                   PE 128.025 / Fin .
 ---pagebreak---                                              Λ.
                                       RECOWENDATICK
                         ( Coopération procedure : second reading )
   cortcern ing the common posit ion of the Council on the proposal frem tbe Ccnnussion
   for a directive on the approximation of the laws of the Memtoer States relating to
   elee tromagnet ic corrpatabi li ty
   'lie Connu titoe on Economie and Monetary Aftnirs and Industrial Policy ,
   - having regard ta the oamon position of the Cpuncil ( C2-192 /88 )
   Koocmends that tha Europe an Parliamant
   aiænd the ccmmon position as follows :
   Ccnmon position of the Council                 Amemjtmnts of the Ccrrmittee on Econcrruc
                                                  and Monetary Affaira ancT Industrial Policy
                                                  AmanAnent No . 1                         ■
                                                  Latter part of llth whereas to read
   "... certificates of conformity issued         " . . . certif icates of conformity issued
   by bodies notified by tlie Member States ;     by bodies notified by the Member States ;
   whereas . to facilitate the mutual             whereas these should be restricted to
   recognition of marks and certificates          the "electromagnetic reguiremehts
  .issued by these bodies , the criteria          applicable at the - electrical outlets
   to be taken into consideration for             intended to ba connected to the public
   appointing them should be harmonized ; "       telecams networks ; whereas , to facilitate
                                                  the mutual recognition of marks and
                                                  certificates issued by these bodies ,
                                                  the criteria to be taken into
                                                  consideration for appointing them
                                                  should be harmonized ; M
                                 Articles 1  to 9 unclianged
!
                                            -5-
                                                                       PE 128.025 / Fin .
f
1
r
 ---pagebreak--- i'. «mon position of the O «uio 1               Aii » : n> tir*f:nt.s t .( t hr* Ontuuttoc on Economic
                                                . ind Moncrtnry Åflnirs and Industrial Pol icy
                                                Amcndmcnt No . 2
                                                Article 10 , paragraph 2 , to read as
                                                 follows :
 "2 .    In the case of apparatus for which      "2 .       In the case of apparatus for which
 the manufacturer has not applied , or has       the manufacturer has not applied , or has
 applied only in part , the standards            applied only in part , the standards
 referred to in Article 7(1 ) or failing         referred to in Article 7(1 ) or failing
 such standards , the manufacturer or his        such standards , the manufacturer or his
 authorized representative established           authorized representative established
 within the Conminity shall hold at tlie         within the Carmunity shall hold a
 disposal of the relevant conpetent               technical construc t ion file at the
 authorities , which shall be informed           di sposal of~THe competent national
 accordingly , as soon as the apparatus           authority . whicFT shall be in formed
  is placed on the market , a technical          "accordingly , as soon as the apparatus
 construction file .     This file shall          is placed on the market . This file
 describe the apparatus and set out the           shall describe the apparatus and set
 procedures used to ensure conformity             out the procedures used to ensure
 of the apparatus with the protection             conformity of the apparatus with the
 requirements referred to in Article 4            protection requirements referred to
 and include a technical report                   in Article 4 . In_ t_he event of a
 certificate , one or other obtained              dispute between the responsible
 from a oenpetent body ."                         author it i es - in a "Member ”£fat e and a
                                                  or _ £§£Í.ÍÍÍ£ÊiÊ_5 !]§!!:_ be_obt a ined
                                                  î C20_§_£2!DE§i9DÏ . feody ."
                                                  Amendant No . 3
  Conformity of apparatus covered by              Conformity of telecarmunications terminals
  Art icle 2(2 ) of Directive 86/361/EBC          subject to type approval according to
  with the provisions of this Directive           Directive 86/361/EBC with the provisions
  shall be certified in aoc      dance with       of this Directive shall be certified in
  the procedure laid dewn In paragraph 1          accordance with the procedure laid down in
  once the manufacturer or his                    paragraph 1 once the manufacturer or his
  authorized representative established           authorized representative established
  within the Ccmrrunity has obtained an           within the Carmunity has obtained an EC
  IOC type-examination certificate                type-examination certificate concerning
  concerning this apparatus issued by             tins apparatus issued by one of the
  one of the notified bodies referred             notified bodies referred to in paragraph 6
  tu in paragraph 6 of this Article .             of this Article . This type-examination
                                                  certificate shall Be" restricted to the
                                                  electromagnet! c requirerrents applicable at
                                                  tKe electrical outlets intended tcT5e
                                                  connected to the public teLeccms networks .
                               Articles 11 and 12 unchangod
                                                  Amendncnt No .             4
                                                  Annex 1 , paragraph 2 , first indent , to
                                                  read as follows :
      Ti io EC conformity mark sha)l consist            The EC conformity mark shall consist
      of the ] otters CE ar. set out below              of the letters CE as set out below
      ■ond the figures of the ycar in which              and the figures of the year in which
      the mark was affixed ."                            the mark was first affixed ."
                                             -6-                                   ΙΈ 128.025 / Μη .
 ---pagebreak---                                           в.
                                EXPLANATORY STATÜMFNT
BACKGROUND
1.   m its report ( Doc . A2-H2/88 ) on the Commission's original proposais
     trhc Commit.tee on Economie and Monetary Affairs and Industrial Policy
     approved them subject to 16 amendnents . At its sitting on 14 September
     1088 , Parliament. nrtopted its corresponding résolution on the subject .
     On 4 October 1988 , the Commission submitted a number of amendnents to
     its original proposal ( in COM ( 88 ) 548 fin ), in which it accepted
     several of Parliament 's proposed changes , but rejected others , in
     particular those deleting the articles providing for a special regime
     with regard to tclecannrunications terminal equipment as defined in
     Directive 86/361/EBC .
     The Council 's ccmmon position also accepted some of Parliament 's
     amendments , and many , but not all , of the Ccrnnission 's proposed changes
     in COM ( 88 ) 548 fin .  Tt also added a number of new                 ’
     type approval for equiproent designed for the transmission of radio
     eanrnunicat ions as def inetl in the international teleccmnunicat ions union
     convention and that provision for a transitional period in which national
     régulations may continue to be applied until 31 December 1992 .
CONCLUSIONS
     Your rapporteur proposes 4 specific amendnents to the common position
     submitted by the Council , two of these ( Amendment 1 in the preamble and
     Amendment 3 ) concern the proposed special regime for teleccmunications
     terminal equipment .    Your rapporteur continues to believe that a separate
     procedure for the full range of telecommunications terminal equipment is
     not strictly necessary for the protection of the public telecom network ,
     and that this would be cumbersome and bureaucratic .      It was for this
     reason that your rapporteur reccmended the deletion of this requirement ,
     and was followed by the Committee and the Parliament in the first reading .
                                         -7-
                                                           PE 128.025'Fin .
 ---pagebreak---   In a spirit of rnmprr <ul ru your rapport cur would now make another proposal
  in second reading , namely that, the roqui rement for a special procedure
 '.iiould he maintained Uil should lx' much more narrowly circunser ibed to
 that which is directly related to the protection of the public telecan
 network . Ho thus proixases modifications to the preamble and Article 10(4 )
 of the common pis it ion layinq down that any separate type approval
  shall be restricted to the EMC requirements of the equipment
 at the eleetrical out lets intended to be connected to the public
 t eleccmnunicat ions nelwork . From the contacts that he has had , your
 inpporteur knows that this formula is supported by European computer
 manufacturers and by individual PTTs .
 Amendment 2            concerns        Article 10(2 ) of t.he ccmmon position , which seems
 ni inrrensr bureaurraL ic requi remonta itnposod on manufacturcrs , campared
 lo the équivalent text in the Comission' s original proposais .
 The new text now includcs a rot]u i rement. for manufacturers to hold a
 tochnicnl construction file at tlie disposai no longer of thè " competent
 nat.ional authority" as in thè Commission's originai text , but of thè " relevant
  •. uiiii.i-i or .. au t h ori t i es " , wno sitati ÒÌÌO ut miorineu ut» ^uuu ao me eipparatus ì s
 p.lacod on thè nvirket . Your rapporteur considers that this could be
 consi rued as an obliqui ion t.o inform thè authorities in more than one or
 all of thè Memlx'r States .                 While retaining thè obligation to inform, your
 rapfx-irteur propiso9 to leinstatc the Commission's more restrictive originai
  woraing of a " competent national authority ".
 The luimiii p>sit . ion also ailds a new requircmenl to include a tochnical
 i epu i. or ecrtifioalo , ono or other obtained f rem a competent body , as
 l'art of the tochnical construit ion file . Your rapporteur considers that
 tltis would constitute an onerous new requ 1 rement , and suggests that it be
 required only in the event of dispute .
Amendmi 'ni 4 seeks to clarify that sect ion of Annex 1 dealing with the
 affixing of the EC conformity mark . Your rapporteur considers that the
  important date is that when the product first comes on the market . To
 remove any possible ambiguity your rapporteur would thus suggest that the
 word " first " lie added before " affixed" in the first indent, of paragraph 2
 of Annex 1 of the common pas it .ion .
                                               -8-
                                                                        ΡΕ 128.025 / Ρϊη .
 ---pagebreak---   OTHER COMMENTS
  Your rapporteur would make a number of other brief comments .
  Firstly he welcomes the modifications that have been accepted by the
  Council in response to the Parliament 's proposals in first reading
  notably those concerning Articles 6 , 8 and 10 of the Directive .
  As regarda the other and new modifications made by t)ie Council in its
  ccrrmon position your rapporteur approves the introduction of the limited
  transitional period until 31 December 1992 , and also the changed dates
  for the implémentation of the Directive . He also accepts the new
  requirement for third party certification of equipment designed for
  the transmission of radiocommunications as defined in the International
  Télécommunications Union , and with the exclusion of apparatus designed
  exclusively for radio amateurs .
  As regards the special measures provided in Article 6 , your rapporteur
  welcomes the new requirement for special measures that have been regarded
  as justified to be contained in an appropriate notice made oy the Commission
   in the Official Journal of the European Communities .
  He is also prepared to accept the deletion of the proposed requirement
  suggested by the Parliament in first reading that a report should be
  submitted to the European Parliament on a biannual basis , on progress on
  implementing the Directive . He considers , liowever , that the Commission
  and also CEMELDC should report on a regular basis to the Parliament ,
  especially as regards problems encountered in implementing the present
  Directive .
  Finally he would also suggest thpt the category of " lights and fluorescent
  la;rps " in tfie illustrative list 6f the principal protection requirements
  would more accurately be describee) as " lighting devices ".
                                    -9-
!                                                         PE 128.025 / Fir .