CELEX: 51991PC0126
Language: en
Date: 1991-05-31
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING COUNCIL DIRECTIVE 89/336/EEC OF 3 MAY 1989 ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO ELECTROMAGNETIC COMPATIBILITY

21. 6. 91                            Official Journal of the European Communities                             No C 162/7
                Proposal for a Council Directive amending Council Directive 89/336/EEC of 3 May 1989 on
               the harmonization of the laws of the Member States relating to electromagnetic compatibility
                                                        (91/C 162/08)
                                               COM(91) 126 final — SYN 342
                                       (Submitted by the Commission on 7 June 1991)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             'Directives 76/889/EEC and 76/890/EEC shall be
                                                                      repealed as from 1 January 1996.
  Having regard to the Treaty establishing the European
  Economic Community and in particular Article 100A
                                                                      However, up to this date they are no longer
 thereof,
                                                                      applicable to apparatus manufactured in accordance
 Having regard to the proposal from the Commission,                   with this Directive.'
 In cooperation with the European Parliament,                     — Article 12, paragraph          1, is completed  by   the
                                                                      following paragraph:
 Having regard to the opinion of the Economic and                     'However, Member States may, for the period up to
 Social Committee,                                                    31 December 1995, permit the placing on the market
                                                                      and/or the putting into service of apparatus referred
 Whereas Council Directive 89/336/EEC (') provides for                to in the Directive conforming to the national regu-
 complete harmonization relating to electromagnetic                   lations in force in their territories before 31
 compatibility,                                                       December 1991.'
 Whereas a uniform application of this Directive requires
 the availability of harmonized standards; whereas these
                                                                                            Article 2
 standards will not be available by the date of application
 of this Directive,                                               1.    Member States shall adopt and publish the legis-
                                                                 lative, or administrative provisions necessary to comply
 Whereas this Directive has not provided for a tran-             with this Directive by 1 July 1991. They shall forthwith
 sitional period during which it would be permitted to           inform the Commission thereof.
 place on the market apparatus manufactured in
 accordance with national regulations still applicable
                                                                 When adopted by Member States, these provisions shall
 before the entry into force of this Directive,
                                                                 refer explicitly to this Directive or be accompanied by
                                                                 such a reference when officially published. Modalities of
 Whereas manufacturers must have the time needed to
                                                                 this reference are adopted by Member States.
 allow apparatus in stock to be marketed,
                                                                 Member States shall apply these provisions from 1
 HAS ADOPTED THIS DIRECTIVE:                                    January 1992.
                           Article 1                             2.     Member States shall send to the Commission the
                                                                 text of the internal law provisions that they adopt within
 Council Directive 89/336/EEC of 3 May 1989 is hereby            the framework of this Directive.
 amended as follows:
— Article 10, paragraph 3 is deleted.                                                       Article 3
— Article 11 is amended as follows:                              This Directive is addressed to the Member States.
(') OJ No L 139, 23. 5. 1989, p. 19.