51998AP0151

A4-0151/98

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive substantively amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations (C4-0035/98 - 96/0220(COD))(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0035/98 - 96/0220(COD),

- having regard to its opinion at first reading ((OJ C 167, 2.6.1997, p. 238.)) on the Commission proposal to Parliament and the Council, COM(96)0392 ((OJ C 307, 16.10.1996, p.11.)),

- having regard to the amended Commission proposal, COM(97)0601 ((OJ C 65, 28.2.1998, p. 12.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0151/98),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 26a (new)

>Original text>

>Text following EP vote>

(26a) Whereas the Commission will at regular intervals investigate developments in the market for new services in the field of the information society, having regard especially to the convergence between telecommunications, information technology and the media and, where necessary, take initiatives to adapt rules promptly in order to encourage the development of new services at European level;

(Amendment 2)

ARTICLE 1(3a) (new)

Article 6(7a) (new) (Directive 83/189/EEC)

>Original text>

>Text following EP vote>

3a) The following new paragraph 7a shall be added to Article 6:

"7a. With respect to rules on services, the Commission and the Committee may consult natural or legal persons from industry or academia, and where possible representative bodies, capable of delivering an expert opinion on the social and societal aims and consequences of any draft rule on services, and take notice of their advice whenever requested to do so."

(Amendment 3)

ARTICLE 1(4)

Article 8(1) 6th subparagraph (Directive 83/189/EEC)

>Original text>

With respect to the technical specifications or other requirements or rules on services referred to in the third indent of the second subparagraph of point 11 of Article 1, the comments or detailed opinions of the Commission or Member States may concern only aspects which may hinder trade or, in respect of rules on services, the free movement of services and not the fiscal or financial aspects of the measure.

>Text following EP vote>

With respect to the technical specifications or other requirements or rules on services referred to in the third indent of the second subparagraph of point 11 of Article 1, the comments or detailed opinions of the Commission or Member States may concern only aspects which may hinder trade or, in respect of rules on services, the free movement of services

or the freedom of establishment of service operators and not the fiscal or financial aspects of the measure.

(Amendment 4)

ARTICLE 1(5)(a)

Article 9(2), 3rd subparagraph a (new) (Directive 83/189/EEC)

>Original text>

>Text following EP vote>

With respect to rules on services, the Member State concerned shall indicate the reasons why the detailed opinions cannot be taken into account, wherever this is the case.

(Amendment 5)

ARTICLE 1(6)(b)

Article 10(1), 6th indent (Directive 83/189/EEC)

>Original text>

- restrict themselves to amending a technical regulation within the meaning of point 11 of Article 1, in accordance with a Commission request, with a view to removing an obstacle to trade or, in the case of rules on services, to the free movement of services.

>Text following EP vote>

-

restrict themselves to amending a technical regulation within the meaning of point 11 of Article 1, in accordance with a Commission request, with a view to removing an obstacle to trade or, in the case of rules on services, to the free movement of services or the freedom of establishment of service operators.