CELEX: 51988PC0548
Language: en
Date: 1988-10-04
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ELECTROMAGNETIC COMPATIBILITY

21. 10. 88                             Official Journal of the European Communities                          No C 272/7
           Amendment to the proposal for a Council Directive on the approximation of the laws of the
                                Member States relating to electromagnetic compatibility (')
                                               COM(88) 548 final — SYN 105
           (Submitted by the Commission on 4 October 1988 pursuant to Article 149 (3) of the EEC Treaty)
                                                        (88/C 272/10)
           Following the opinion delivered at first reading by the European Parliament, under the
           cooperation procedure, on the proposal for a Council Directive on the approximation of the
           laws of the Member States relating to electromagnetic compatibility (2), which the Commission
           had sent to the Council, the Commission has decided to amend the proposal as follows:
           1. The third recital is deleted.
           2. The following is added to the ninth recital:
                    'Whereas such declarations should be kept in as simple form as possible;
                    Whereas false attestations, and other abuses of the procedures in the present Directive
                    need to be subject to severe and consistent sanctions throughout the Community;.'
           3. Article 6 is modified as follows:
               (a) The first sentence becomes paragraph 1.
               (b) The second sentence is replaced by the following paragraph:
                   '2.    Without prejudice to Directive 83/189/EEC, Member States shall inform the
                   Commission and the other Member States of the special measures taken pursuant to
                   paragraph 1.'
               (c) The following paragraph is added:
                   '3.     For purpose of information, special measures which have been shown to be
                   justified shall be published in the Official Journal of the European Communities.'
           4. In the second subparagraph of Article 8 (1) the words italicized are added:
                    'Upon receipt of the Committee's opinion, the Commission shall inform the Member
                    States as rapidly as possible whether or not it is necessary to withdraw those standards
                    from the publications referred to in Article 7 (1) (a).'
           5. In Article 8 (2) the words italicized are added:
                    '2.     After receipt of the communication referred to in Article 7 (2) the Commission
                    shall consult the Committee. Upon receipt of the latter's opinion, the Commission shall
                    inform the Member States as rapidly as possible whether or not the national standard in
                    question shall enjoy the presumption of conformity and, if so, that the references
                    thereof shall be published nationally.
           (*) OJ No C 322, 2. 12. 1988, p. 4.
           (2) COM(87) 527 final of 11 November 1987.
 ---pagebreak--- No C 272/8                             Official Journal of the European Communities                             21. 10. 88
                    If the Commission or a Member State considers that a national standard no longer
                    satisfies the necessary conditions for presumption of compliance with the objectives
                    referred to in Article 4, the Commission shall consult the Committee, which shall
                     deliver an opinion without delay. Upon receipt of the latter's opinion, the Commission
                    shall inform the Member States as rapidly as possible whether or not the standard in
                    question shall continue to enjoy a presumption of conformity and, if not, that it must
                    be withdrawn from the publications referred to in Article 7 (2).
           6. Article 10 (1) and (2) are to read as follows:
                    '1.     In the case of apparatus for which the manufacturer has applied the standards
                    referred to in Article 7 (1), the conformity of apparatus with this Directive shall be
                    certified by a Community declaration of conformity issued by the manufacturer or his
                    authorized representative established within the Community. The Declaration shall be
                    held at the disposal of the competent authority for a period of 10 years following the
                    placing on the market of the apparatus.
                    The manufacturer or his authorized representative established within the Community
                    shall also affix the EC conformity mark to the apparatus or else to the packaging,
                    instructions for use or guarantee certificate.
                    Where neither the manufacturer nor his authorized representative is established within
                    the Community, the above obligation to keep the Community declaration of
                    conformity available shall be the responsiblity of the person who places the apparatus
                    on the Community market.
                    The provisions governing the Community declaration and the EC mark are set out in
                   Annex 1.
                    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 failing such standards,
                    the manufacturer or his authorized representative established within the Community
                    shall hold at the disposal of the relevant competent authorities, which shall be informed
                    accordingly, as soon as the apparatus is placed on the market, a technical construction
                    file. This file shall describe the apparatus, 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 or certificate, one or other obtained from a competent
                   body. It shall be held at the disposal of the competent authority for a period of 10 years
                   following the placing of the apparatus on the market.
                   Where neither the manufacturer nor his authorized representative is established within
             /     the Community, this obligation to keep a technical file available shall be the responsi-
                   bility 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 above provisions, that such apparatus
                   meets the protection requirements referred to in Article 4.'
          7. In Article 10 (4), after the first sentence the following text is added:
                   'The notification shall include a description of whether such bodies are authorised to
                   deal with all the equipment covered by the present Directive or whether their responsi-
                   bility is limited to certain specific fields.'
          8. The following paragraph is added to Article 10:
                   'In cases of abuse of the above certification procedures the competent Member State
                   shall take appropriate action against the author of such abuses.'
 ---pagebreak--- 21. 10. 88                           Official Journal of the European Communities                         No C 272/9
           9. Annex I is replaced by the following text:
                  ' 1.    Community declaration of conformity
                  The Community declaration of conformity must contain the following:
                  — description of the apparatus to which it refers,
                  — reference to the specifications under which conformity is declared, and, where
                       appropriate, to the national measures implemented to ensure the conformity of the
                       apparatus with the provisions of the Directive,
                 — identification of the signatory empowered to bind the manufacturer or his auth-
                       orized representative,
                 — where appropriate, reference to the Community type certificate issued by a notified
                       body.
                  2.     EC conformity mark
                 — The EC conformity mark shall consist of the letters CE and the figures of the year
                       in which the mark was affixed.
                 — This mark should, where appropriate, be accompanied by the distinctive letters used
                       by the notified body issuing the EC type certificate.
                 — Where apparatus is the subject of other Directives providing for the EC conformity
                       mark, the affixing of the EC mark shall also indicate conformity with the relevant
                       requirements of those other Directives.'