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

1. 4. 89                               Official Journal of the European Communities                                 No C 81/7
                                                               II
                                                        (Preparatory Acts)
                                                  COMMISSION
               Re-examined proposal for a Council Directive on the approximation of the laws of the Member
                                      States relating to electromagnetic compatibility (')
                                               COM(89)     107 final — SYN 105
               (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 9 March
                                                              1989)
                                                          (89/C 81/11)
Following the recommendation delivered at the second                   The file shall be held at the disposal of this competent
reading by the European Parliament, under the                          authority for ten years following the placing of the
cooperation procedure, on the common position adapted                  apparatus on the market.
by the Council with a view to adopt the directive on                   Where neither the manufacturer nor his authorized
electromagnetic compatibility (2), the Commission has                  representative is established within the Community,
decided to amend its proposal as follows:                              this obligation to keep a technical file available shall
                                                                       be the responsibility of the person who places the
1. Article 10, paragraph 2, is to read as follows:                     apparatus on the Community market.
                                                                       The conformity of apparatus with that described in
    '(2)    In the case of apparatus for which the manu-               the technical file shall be certified in accordance with
    facturer has not applied, or has applied only in part,             the procedure laid down in paragraph 1.
    the standards referred to in Article 7 (1) or failing
                                                                       Member States shall presume, subject to the
    such standards, the manufacturer or his authorized
                                                                       provisions of this paragraph, that such apparatus
    representative established within the Community shall
                                                                       meets the protection requirements referred to in
    hold a technical construction file at the disposal of the
                                                                       Article 4.
    competent national authorithy, which shall be
    informed accordingly, as soon as the apparatus is               2. Article 10, paragraph 4, is to read as follows:
    placed on the market. This file shall describe the
    apparatus and set out the procedures used to ensure                '(4)     Conformity of telecommunications terminals
    conformity of the apparatus with the protection                    subject to type approval according to Directive
    requirements referred to in Article 4 and include a                86/361/EEC with tho provisions of this directive shall
    technical report certificate, one or other obtained                be certified in accordance with the procecure laid
    from a competent body.                                             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
(*) OJ No C 322, 2. 12. 1987, p. 4.                                    the notified bodies referred to in paragraph 6 of this
O Council doc. 8774/88 of 4 November 1988.                             Article.
 ---pagebreak---  N o C 81/8                              Official Journal of the European Communities                                           1. 4. 89
                                                       RECOMMENDATION
                  concerning the common position of the Council on the proposal from the Commission fo a
                  directive on the approximation of the laws of the Member States relating to electromagnetic
                                                                 compatability
                                             (Cooperation procedure: second reading)
                  THE COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS AND INDUSTRIAL POLICY,
                  — having regard to the common position of the Council (Doc. C2-192/88),
                  Recommends that the European Parliament amend the common position as follows:
                                                                                      AMENDMENTS OF THE COMMITTEE ON ECONOMIC
                 COMMON POSITION OF THE COUNCIL                                       AND MONETARY AFFAIRS AND INDUSTRIAL POLICY
                                                                          Amendment No 1
                                                                          Latter part of 11th whereas to read as follows:
' . . . certificates of conformity issued by bodies notified                   ' . . . certificates of conformity issued by bodies
by the Member States; whereas, to facilitate the mutual                        notified by the Member States; whereas these should
recognition of marks and certificates issued by these                          be restricted to the electromagnetic requirements
bodies, the criteria to be taken into consideration for                        applicable at the electrical outlets intended to be
appointing them thould be harmonized;'                                         connected to the public telecoms networks; whereas,
                                                                               to facilitate the mutual recognition af marks and
                                                                               certificates issued by these bodies, the criteria to be
                                                                               taken into consideration for appointing them should
                                                                               be harmonized;'
                                                  A r t i c l e s 1 to 9 u n c h a n g e d
                                                                          Amendment No 2
                                                                          Articel 10, paragraph 2, to read as follows:
'2.      In the case of apparatus for which the manu-                          '2.      In the case of apparatus for which the manu-
facturer has not applied, or has applied only in part, the                     facturer has not applied, or has applied only in part,
standards referred to in Article 7 (1) or failing such                         the standards referred to in Article 7(1) or failing
standards, the manufacturer or his authorized represen-                        such standards, the manufacturer or his authorized
tative established within the Community shall hold at the                      representative established within the Community shall
disposal of the relevant competent authorities, which                          hold a technical construction file at the disposal of the
shall be informed accordingly, as soon as the apparatus is                     competent national authority, which shall be informed
placed on the market, a technical construction file. This                      accordingly, as soon as the apparatus is placed on the
file shall describe the apparatus and set out the                              market. This file shall describe the apparatus and set
procedures used to ensure conformity of the apparatus                          out the procedures used to ensure conformity of the
with the protection requirements referred to in Article 4                      apparatus with the protection requirements referred
and include a technical report certificate, one or other                       to in Article 4. In the event of a dispute between the
obtained from a competent body.'                                               responsible authorities in a Member State and a
                                                                               manufacturer, a technical report or certificate shall be
                                                                               obtained from a competent body.'
 ---pagebreak--- 1. 4. 89                             Official Journal of the European Communities                                 No C 81/9
                                                                           AMENDMENTS OF THE COMMITTEE ON ECONOMIC
               COMMON POSITION OF THE COUNCIL                              AND MONETARY AFFAIRS AND INDUSTRIAL POLICY
                                                                   Amendment No 3
                                                                   Article 10, paragraph 4, to read as follows:
'4. Conformity of apparatus covered by Article 2 (2) of                '4.     Conformity of telecommunications terminals
Directive 86/361 /EEC with the provisions of this                      subject to type approval according to Directive
Directive shall be certified in accordance with the                    86/361/EEC with the provisions of this Directive
procedure laid down in paragraph 1 once the manu-                      shall be certified in accordance with the procedure
facturer or his authorized representative established                  laid down in paragraph 1 once the manufacturer or
within the Community has obtained an EC type-exam-                     his authorized representative established within the
ination certificate concerning this apparatus issued by                Community has obtained an EC type-examination
once of the notified bodies referred to in paragraph 6 of              certificate concerning this apparatus issued by one of
this Article.'                                                         the notified bodies referred to in paragraph 6 of this
                                                                       Article. This type-examination certificate shall be
                                                                       restricted to the electromagnetic requirements
                                                                       applicable at the electrical outlets intended to be
                                                                       connected to the public telecoms networks.'
                                            A r t i c l e s 11 an 12 u n c h a n g e d
                                                                   Amendment No 4
                                                                   Annex I, paragraph 2, first indent, to read as follows:
'— The EC conformity mark shall consist of the letters                 '— The EC conformity mark shall consist of the
     CE as set out below and the figures of the year in                     letters CE as set out below and the figures of the
     which the mark was affixed.'                                           year in which the mark was first affixed.'