Keywords
Summary

Keywords

1. Approximation of laws ° Telecommunications terminal equipment ° Directive 91/263 ° Implementation by the Member States ° National provisions simply reproducing the text of Directive 86/361 on the initial stage of the mutual recognition of type approval for terminal equipment ° Not sufficient

(Council Directives 86/361 and 91/263)

2. Acts of the institutions ° Directives ° Implementation by the Member States ° Insufficiency of a practice which is in conformity with the requirements of a directive ° Insufficiency of a draft national regulation

(EC Treaty, Art. 189, third para.)

Summary

1. National provisions simply reproducing the text of Directive 86/361 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment are not sufficient to transpose Directive 91/263 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity. Between Directive 86/361 and Directive 91/263 there are clear differences as a result of which a Member State cannot claim to have implemented the second simply by having transposed the first. Amongst other things, Directive 91/263 constitutes, in relation to Directive 86/361, a further stage for full mutual recognition of type approval for terminal equipment, has an aim and a scope wider than Directive 86/361, lays down three requirements for terminal equipment which do not appear in the list of the essential requirements set out in Directive 86/361 and introduces a system of EC marking for terminal equipment complying with the requirements of the directive, which was not provided for by Directive 86/361.

2. The fact that a practice is in conformity with the requirements of a directive in the matter of protection can provide no reason for not transposing that directive into national law by means of provisions capable of creating a situation which is sufficiently precise, clear and transparent to enable individuals to ascertain their rights and obligations. Similarly, a draft national regulation is not capable of transposing a directive.