COMMISSION DECISION

of 16 September 1998

on a common technical regulation for the general attachment requirements for public pan-European cellular digital land-based mobile communications, Phase II (Edition 2)

(notified under document number C(1998) 2720)

(Text with EEA relevance)

(98/574/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity (1), and in particular Article 7(2), second indent, thereof,

Whereas the Commission has adopted the measure identifying the type of telecommunications terminal equipment for which a common technical regulation is required, as well as the associated scope statement according to Article 7(2) first indent;

Whereas the corresponding harmonised standards, or parts thereof, implementing the essential requirements which are to be transformed into common technical regulations should be adopted;

Whereas in order to ensure continuity of access to markets for manufacturers, it is necessary to lay down transitional provisions regarding equipment approved under Commission Decision 96/630/EC (2);

Whereas Decision 96/630/EC should be repealed with effect from the end of the transitional period;

Whereas Commission Decision 97/526/EC (3) should be repealed on 24 October 1998;

Whereas the proposal has been submitted to the Committee (ACTE), according to Article 29(2);

Whereas the common technical regulation adopted in this Decision is in accordance with the opinion of ACTE,

HAS ADOPTED THIS DECISION:

Article 1

1.   This Decision shall apply to terminal equipment intended to be connected to a public telecommunications network and falling within the scope of the harmonised standard referred to in Article 2(1).

2.   This Decision establishes a common technical regulation covering the access requirements for terminal equipment for the pan-European cellular digital land-based mobile telecommunications network comprising constant envelope modulation and operating in the 900 MHz band with a channel separation of 200 kHz and carrying traffic channels according to the TDMA principle.

Article 2

1.   The common technical regulation shall include the harmonised standard prepared by the relevant standardisation body implementing to the extent applicable the essential requirements referred to in Article 5(c) to (f) of Directive 98/13/EC. The reference to the standard is set out in Annex I. The applicable parts are contained in Annex II.

2.   Terminal equipment covered by this Decision shall comply with the common technical regulation referred to in paragraph 1, shall meet the essential requirements referred to in Article 5(a) and (b) of Directive 98/13/EC, and shall meet the requirements of any other applicable Directives, in particular Council Directives 73/23/EEC (4) and 89/336/EEC (5).

Article 3

Notified bodies designated for carrying out the procedures referred to in Article 10 of Directive 98/13/EC shall, as regards terminal equipment covered by Article 1(1) of this Decision, use or ensure the use of the applicable parts of the harmonised standard referred to in Article 2(1) after the coming into force of this Decision.

Article 4

1.   Decision 96/630/EC shall be repealed with effect from the date three months after the coming into force of this Decision.

2.   Terminal equipment, approved under Decision 96/ 630/EC may continue to be placed on the market and put into service provided that such approval is granted no later than three months after the coming into force of this Decision.

3.   Decision 97/526/EC shall be repealed with effect from 24 October 1998.

Article 5

This Decision is addressed to the Member States.

(1)  OJ L 74, 12. 3. 1998, p. 1.

(2)  OJ L 282, 1. 11. 1996, p. 79.

(3)  OJ L 215, 7. 8. 1997, p. 54.

(4)  OJ L 77, 26. 3. 1973, p. 29.

(5)  OJ L 139, 23. 5. 1989, p. 19.