WRITTEN QUESTION E-2845/96 by Amedeo Amadeo (NI) to the Commission (25 October 1996)

Subject: Telecommunication terminal equipment

The proposal for a European Parliament and Council Directive relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity (COM(95)0612) is aimed at consolidating the following Directives:

- Council Directive 91/263/EEC ((OJ L 128, 23.5.1991, p. 1. )) of 29 April 1991 concerning telecommunications terminal equipment, including the mutual recognition of their conformity,

- Council Directive 93/97/EEC ((OJ L 290, 24.11.1993, p. 1. )) of 29 October 1993 supplementing Directive 91/263/EEC in respect of satellite earth equipment.

Will the Commission, as a matter of urgency, take appropriate measures which will have the legal effect of removing existing differences in interpretation of Article 6 of Directive 91/263?

Answer given by Mr Bangemann on behalf of the Commission (4 December 1996)

The consolidation of Directives 91/263/EEC ((Council Directive 91/263/EEC of 21 April 1991 concerning telecommunications terminal equipment, including the mutual recognition of their conformity - OJ L 128, 31.5.1991. )) and 93/97/EEC ((Council Directive 93/97/EEC of 20 October 1993 supplementing Directive 91/263/EEC in respect of satellite earth station equipment - OJ L 290, 24.11.1993. )) was included in the Commission's legislative programme for 1995. Accordingly, on 6 December 1995 the Commission adopted a proposal for a consolidated European Parliament and Council Directive relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity ((Doc. COM(95) 612. )).

This is legislative or official consolidation; it consists in adopting a new legal act which incorporates and repeals existing acts without altering their substance. In other words, no changes have been made to the two basic Directives.

With regard to Article 6 of Directive 91/263/EEC, the Commission's interpretation is fully consistent with the spirit and the letter of the Article. Having found that certain Member States had interpreted the Article differently when transposing it into national law, the Commission recently adopted a communication concerning the Directive ((Communication from the Commission concerning the use of harmonized standards for the application of Council Directive 91/263/EEC - OJ C 138, 9.5.1996. )). The Commission believes that, while not altering the legislation currently in force, this communication will give a clear indication of the way the Member States must interpret the Directive.

The Commission would also point out that a draft directive concerning terminal equipment intended for connection, to replace Directive 91/263/EEC, is currently being drawn up.