CELEX: 51993PC0280
Language: en
Date: 1993-06-10
Title: Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States concerning satellite earth station equipment, extending the scope of Directive 91/263/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(93) 280 f i n a l - SYN 444
                                                Brussels, 10 June 1993
                        Amended proposal for a
                            COUNCIL PI RECTIVE
             on the approximation of the laws of the Member States
                  concerning satellite earth station equipment,
                 extending the scope of Directive 91/263/EEC
      (presented by the Commission pursuant to A r t i c l e        149(3)
                           of the EEC-Treaty)
 ---pagebreak---                                          - A -
                                 EXPLANATORY MEMORANDUM
   1. This Communication concerns a modified proposal for a Council Directive on the
      approximation of the laws of the Member States concerning satellite earth station
      equipment, extending the scope of Directive 91/263/EEC.
   2. The Commission submitted its original proposal to the Council on the 10th of
      December 1992 [COM(92)451 final - SYN 444].
      The Economic and Social Committee gave its favourable opinion on 31 March 1993.
      The European Parliament adopted a favourable opinion on 26 May 1993, including
      seven (7) amendments to the proposal of the Commission.
   3. Of the seven amendments proposed by the European Parliament, the Commission
      accepted one in full: Amendment 1. This amendment concerns a clarification of recital
      (23), which is now fully in line with the Negotiation Mandate adopted by Council
      concerning Mutual Recognition Arrangements.
      The Commission accepted amendment 4 in principle. Although the text is now no
      longer fully in line with the text of Directive 91/263/EEC, the amendment can be
      accepted.
   4. The Commission rejected five other amendments adopted by the European
      Parliament. This concern amendments 2,3,5, 6 and 7.
      Amendments 2 and 7 concern mostly consumer products. The Commission feels that
      e.g. manufactures and users of such equipment would be overly and unjustifiably
      burdened by the proposed amendments.
      Amendments 3 and 6 concern proposed for changes which, in the views of the
      Commission, do not bring added value to the existing text.
      Amendment 5 concerns a request to add the symbol of the 12 stars of the European
      flag to the "CE" type-approval mark. Although the Commission has sympathy for the
      idea, the "CE" marking symbol is a proposed harmonised symbol for all products type-
      approved under harmonised Community procedures. Council approval of the use of
      this symbol is imminent.
   5. In accordance with Article 149(3) of the Treaty, the Commission amends its initial
      proposal accordingly.
;|                                                                                 _      ....•.„,,, i i ^
 ---pagebreak---                      - 2 -
               Amended p r o p o s a l for a
                  COUNCIL DIRECTIVE
on the approximation of the laws of the Member States
      concerning satellite earth station equipment,
     extending the scope of Directive 91/263 /EEC
 ---pagebreak---                                   - 3 .
MODIFICATION NO. 1           (based on EP Amendment 1)
ORIGINAL COMMISSION PROPOSAL                                 MODIFIED PROPOSAL
                                        Recital 23
Whereas real, comparable access to the          Whereas real, comparable access to the
third country markets for European              third country markets for European
manufacturers should preferably be              manufacturers should preferably be
achieved through multilateral negotiations      achieved through multilateral negotiations
within GATT, although bilateral talks          within GATT, although bilateral talks
between the Community and third                between the Community and third
countries may also contribute to this          count ries, in particular the United States
process;                                        and Japan, may also contribute to this
                                                process;
 ---pagebreak---                                         - W -
MODIFICATION NO.2              (based on EP Amendment 4)
ORIGINAL COMMISSION PROPOSAL                                   MODIFIED PROPOSAL
                                Article 3(5),firstparagraph
5. Satellite earth station equipment shall       5. Satellite earth station equipment shall
satisfy the essential requirements set out in    satisfy the essential requirements set out in
Article 4(g) of Directive 91/263/EEC,            Article 4(g) of Directive 91/263/EEC,
regarding the interworking of satellite          regarding the interworking of satellite
earth station equipment with the public          earth station equipment via the public
telecommunications network, in justified         telecommunications network, in justified
cases.                                           cases.
 ---pagebreak---  ---pagebreak---                                           - S~ -
                                                                      ISSN 0254-1475
                                                               COM (93) 280 final
                                                      DOCUMENTS
EN                                                                               15
                                 Catalogue number : CB-CO-93-311-EN-C
                                                             ISBN 92-77-56783-X
Office for Official Publications of the European Communities
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