REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment

1.10.2013 - (COM(2012)0584 – C7‑0333/2012 – 2012/0283(COD)) - ***I

Committee on the Internal Market and Consumer Protection
Rapporteur: Barbara Weiler

Amendments

• 001-098 (PDF - 316 KB)
• 001-098 (DOC - 363 KB)
• 099-099 (PDF - 356 KB)
• 099-099 (DOC - 401 KB)
• 100-100 (PDF - 102 KB)
• 100-100 (DOC - 274 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment

(COM(2012)0584 – C7‑0333/2012 – 2012/0283(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0584),

–   having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0333/2012),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 13 February 2013[1],

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0316/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Proposal for a directive Recital 6
Text proposed by the Commission	Amendment
(6) Equipment which intentionally transmits radio waves in order to serve its purpose makes systematic use of radio spectrum. In order to ensure an efficient use of spectrum so as to avoid harmful interference, all such equipment should fall within the scope of this Directive, whether equipment is capable of communication or not.	(6) Equipment which intentionally emits or receives radio waves in order to serve its purpose makes systematic use of radio spectrum. Despite the fact that some products intentionally use magnetic or electric fields to serve their purpose, there is no communication from the transmitter and consequently such fields do not propagate as radio waves. Such equipment should therefore be excluded from the scope of this Directive.
Justification
In accordance with the amendment to Article 2(1)(1) of the proposed Directive.
Amendment  2 Proposal for a directive Recital 7
Text proposed by the Commission	Amendment
(7) Experience has shown the difficulty of establishing whether some products fall within the scope of Directive 1999/5/EC. In particular, in respect of products resulting from technological progress and presenting difficulties of categorisation, it is necessary to identify categories of products which fall or not within the definition of radio equipment. In order to supplement or amend certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments of Annex II so as to adapt it to technical progress.	deleted
Justification
In accordance with the amendment to Article 2(3) of the proposed Directive.
Amendment  3 Proposal for a directive Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) This Directive should apply to all forms of supply, including distance selling.
Justification
The wording is aligned with the NLF alignment package.
Amendment  4 Proposal for a directive Recital 11
Text proposed by the Commission	Amendment
(11) Although receivers do not themselves cause harmful interference, reception capabilities are an increasingly important factor in ensuring the efficient use of radio spectrum by way of an increased resilience of receivers against interference and unwanted signals on the basis of the essential requirements of Directive 2004/108/EC.	(11) Although receivers do not themselves cause harmful interference, reception capabilities are an increasingly important factor in ensuring the efficient use of radio spectrum by way of an increased resilience of receivers against interference and unwanted signals on the basis of the relevant essential requirements of Union harmonisation legislation.
Amendment  5 Proposal for a directive Recital 12
Text proposed by the Commission	Amendment
(12) Receiver capabilities of receive-only equipment are subject to the essential requirements of Directive 2004/108/EC in particular with regard to unwanted signals resulting from the efficient use of shared or adjacent frequency bands, and it is therefore not necessary to include such equipment within the scope of this Directive.	deleted
Justification
In accordance with the amendment to Article 2(1)(1) of the proposed Directive.
Amendment  6 Proposal for a directive Recital 13
Text proposed by the Commission	Amendment
(13) In some cases interworking via networks with other radio equipment and connection with interfaces of the appropriate type throughout the Union may be necessary. Interoperability between radio equipment and accessories such as chargers may simplify use of radio equipment and reduce unnecessary waste.	(13) Interworking via networks with other radio equipment and connection with interfaces of the appropriate type throughout the Union is necessary in some cases. Interoperability between radio equipment and accessories such as chargers simplifies use of radio equipment and reduces unnecessary waste and costs. A renewed effort to develop a universal charger for particular categories of radio equipment is therefore expected, as it would be highly beneficial in particular for consumers and other end-users. In particular mobile phones that are placed or made available on the market should be compatible with a universal charger which allows interoperability.
Justification
Incompatibility of chargers for mobile phones, smart phones, tablets, digital cameras, music players and similar devices is a major inconvenience for consumers and other end-users as well as a considerable environmental problem. A universal charger will therefore bring significant benefits - especially to the consumers.
Amendment  7 Proposal for a directive Recital 20
Text proposed by the Commission	Amendment
(20) A requirement to register in a central database radio equipment to be placed on the market may enhance the efficiency and effectiveness of market surveillance and therefore contribute to ensure a high level of compliance with the Directive. Such a requirement entails additional burden to economic operators and should therefore be introduced only for those categories of radio equipment where a high level of compliance has not been attained. In order to supplement or amend certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of identifying the relevant categories of radio equipment to be registered in a central database on the basis of information on compliance to be provided by Member States, and of specifying the information to be registered, the rules applicable for registration and affixation of the registration number.	deleted
Justification
In accordance with the amendment to Article 5 of the proposed Directive.
Amendment  8 Proposal for a directive Recital 27 a (new)
Text proposed by the Commission	Amendment
	(27a) In order to facilitate communication between economic operators, market surveillance authorities and consumers, Member States should encourage economic operators to include a website address in addition to the postal address.
Justification
In order to facilitate and streamline contacts between economic operators, consumers and market surveillance authorities it is essential to provide for alternatives to the postal address. The wording is also aligned with the NLF alignment package.
Amendment  9 Proposal for a directive Recital 35 a (new)
Text proposed by the Commission	Amendment
	(35a) When keeping the information required under this Directive for the identification of other economic operators, economic operators should not be required to update such information in respect of other economic operators who have either supplied them with radio equipment or to whom they have supplied radio equipment.
Justification
The wording is aligned with the NLF alignment package.
Amendment  10 Proposal for a directive Recital 37
Text proposed by the Commission	Amendment
(37) This Directive should be limited to the expression of essential requirements. In order to facilitate conformity assessment with those requirements it is necessary to provide for presumption of conformity for radio equipment which is in conformity with harmonised standards that are adopted in accordance with Regulation (EU) No [../..] [on European Standardisation] for the purpose of expressing detailed technical specifications of those requirements.	(37) This Directive should be limited to the expression of essential requirements. In order to facilitate conformity assessment with those requirements it is necessary to provide for presumption of conformity for radio equipment which is in conformity with harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council 1 for the purpose of expressing detailed technical specifications of those requirements.
	_____________
	1 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation (OJ L 316, 14.11.2012, p. 12).
Justification
As the Regulation on European Standardisation has been published in the Official Journal it is necessary to reflect this change.
Amendment  11 Proposal for a directive Recital 38
Text proposed by the Commission	Amendment
(38) Regulation (EU) No [../..] [on European Standardisation] provides for a procedure for objections to harmonised standards where those standards do not entirely satisfy requirements of this Directive.	(38) Regulation (EU) No 1025/2012 provides for a procedure for objections to harmonised standards where those standards do not entirely satisfy the requirements of this Directive.
Justification
As the Regulation on European Standardisation has been published in the Official Journal it is necessary to reflect this change.
Amendment  12 Proposal for a directive Recital 40 a (new)
Text proposed by the Commission	Amendment
	(40a) To ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.
Justification
In line with Article 18(3) of the proposed Directive. Moreover, the wording is aligned with the NLF alignment package.
Amendment  13 Proposal for a directive Recital 55
Text proposed by the Commission	Amendment
(55) Directive 1999/5/EC already provides for a safeguard procedure which applies only in the event of disagreement between Member States over measures taken by a Member State. In order to increase transparency and to reduce processing time, it is necessary to improve the existing safeguard clause procedure, with a view to making it more efficient and drawing on the expertise available in Member States.	(55) Directive 1999/5/EC already provides for a safeguard procedure which applies only in the event of disagreement between Member States over measures taken by a Member State. In order to increase transparency and to reduce processing time, it is necessary to improve the existing safeguard procedure, with a view to making it more efficient and drawing on the expertise available in Member States.
Justification
The wording is aligned with the NLF alignment package.
Amendment  14 Proposal for a directive Recital 60
Text proposed by the Commission	Amendment
(60) The Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.	(60) The Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and ensure that those rules are enforced. Those penalties should be effective, proportionate and dissuasive.
Justification
The term used should be aligned with the term used in Article 46 of the proposed Directive. The wording is also aligned with the NLF alignment package.
Amendment  15 Proposal for a directive Article 1 – paragraph 4
Text proposed by the Commission	Amendment
4. Radio equipment falling within the scope of this Directive shall not be subject to Directive 2006/95/EC, except as set out in Article 3(1)(a) of this Directive.	4. Radio equipment falling within the scope of this Directive shall not be subject to Directive 2004/108/EC and Directive 2006/95/EC, except as set out in points (a) and (b) of Article 3(1) of this Directive.
Justification
As Recital 9 of the proposed Directive provides that in order to avoid duplications of provisions, other than with regard to essential requirements, Directive 2004/108/EC should not apply to radio equipment, therefore this should be reflected in the respective Article.
Amendment  16 Proposal for a directive Article 2 – paragraph 1 – point 1
Text proposed by the Commission	Amendment
(1) ‘radio equipment’ means a product which intentionally emits radio waves in order to serve its purpose, or a product which must be completed with an accessory, such as antenna, so as to emit radio waves in order to serve its purpose;	(1) ‘radio equipment’ means a product which intentionally emits or receives radio waves for communication, or a product which must be completed with an accessory, such as antenna, so as to emit or receive radio waves for communication;
Justification
A number of products that entail a very limited use of electromagnetic waves for the purpose other than communication are already present on the market without any systematic problems observed and are sufficiently regulated by e.g. LVD and EMCD therefore it is not proportionate to extend the scope of the proposed Directive to include such equipment. Moreover and considering that radio spectrum is a finite resource, it is important to guarantee its efficient usage, therefore the equipment capable of receiving radio waves should fall under the scope of proposed Directive.
Amendment  17 Proposal for a directive Article 2 – paragraph 1 – point 5
Text proposed by the Commission	Amendment
(5) ‘harmful interference’ means harmful interference as defined in Directive 2002/21/EC of the European Parliament and of the Council;	(5) ‘harmful interference’ means harmful interference as defined in Article 2 of Directive 2002/21/EC of the European Parliament and of the Council;
Justification
An explicit reference has been added in order to ensure legal clarity.
Amendment  18 Proposal for a directive Article 2 – paragraph 1 – point 7 a (new)
Text proposed by the Commission	Amendment
	(7a) ‘putting into service’ means the first use of radio equipment within the Union by the end-user. Where the product is put into service at the workplace, the employer is to be considered as the end-user.
Justification
As the term “putting into service” is used throughout the text (e.g. Article 1(1), Article 7, Article 48 of the proposed Directive), it is appropriate to provide a definition thereof.
Amendment  19 Proposal for a directive Article 2 – paragraph 1 – point 14
Text proposed by the Commission	Amendment
(14) ‘harmonised standard’ means harmonised standard as defined in Article 2(1)(c) of Regulation (EU) No [../..] [on European Standardisation];	(14) ‘harmonised standard’ means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;
Justification
As the Regulation on European Standardisation has been published in the Official Journal it is necessary to reflect this change.
Amendment  20 Proposal for a directive Article 2 – paragraph 1 – point 15
Text proposed by the Commission	Amendment
(15) ‘accreditation’ means accreditation as defined in Regulation (EC) No 765/2008;	(15) ‘accreditation’ means accreditation as defined in Article 2 of Regulation (EC) No 765/2008;
Justification
An explicit reference has been added in order to ensure legal clarity.
Amendment                21 Proposal for a directive Article 2 – paragraph 1 – point 16
Text proposed by the Commission	Amendment
(16) ‘national accreditation body’ means national accreditation body as defined in Regulation (EC) No 765/2008;	(16) ‘national accreditation body’ means national accreditation body as defined in Article 2 of Regulation (EC) No 765/2008;
Justification
An explicit reference has been added in order to ensure legal clarity.
Amendment  22 Proposal for a directive Article 2 – paragraph 1 – point 17
Text proposed by the Commission	Amendment
(17) ‘conformity assessment’ means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled;	(17) ‘conformity assessment’ means the process demonstrating whether the essential requirements of this Directive relating to radio equipment have been fulfilled;
Justification
In order to ensure legal clarity it is necessary to specify the exact essential requirements. The wording is also aligned with the NLF alignment package.
Amendment  23 Proposal for a directive Article 2 – paragraph 1 – point 19
Text proposed by the Commission	Amendment
(19) ‘recall’ means any measure aimed at achieving the return of radio equipment that has already been made available to the user;	(19) ‘recall’ means any measure aimed at achieving the return of radio equipment that has already been made available to the end-user;
Justification
The term is aligned with the term used in Decision No 768/2008 of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC.
Amendment  24 Proposal for a directive Article 2 – paragraph 2
Text proposed by the Commission	Amendment
2. For the purposes of point 1 of paragraph 1 of this Article, products listed under point 1 of Annex II shall be deemed to be radio equipment, and products listed under point 2 of Annex II shall not be deemed to be radio equipment.	deleted
Justification
As the amendment to Article 2(1)(1) of the proposed Directive entails a change with regard to the restriction of the definition of radio equipment to the equipment capable of communication, therefore Annex II of the proposed Directive has become obsolete. Consequently Article 2(2) would also become obsolete.
Amendment  25 Proposal for a directive Article 2 – paragraph 3
Text proposed by the Commission	Amendment
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 45 modifying Annex II in order to adapt it to technical progress.	deleted
Justification
As the amendment to Article 2(1)(1) of the proposed Directive entails a change with regard to the restriction of the definition of radio equipment to the equipment capable of communication, therefore Annex II of the proposed Directive has become obsolete. Consequently Article 2(3) would also become obsolete.
Amendment  26 Proposal for a directive Article 3 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the protection of electromagnetic compatibility as set out in Directive 2004/108/EC, including in particular levels of immunity which lead to improvements in the efficient use of shared or adjacent frequency bands.	(b) the protection of electromagnetic compatibility as set out in Directive 2004/108/EC, including in particular levels of immunity permitting the efficient use as intended of shared or adjacent frequency bands at all times.
Justification
Improvement of the wording to better reflect the intention of the article. Immunity enables equipment to be used as intended, irrespective of whether equipment has previously been used in a way which was not intended.
Amendment  27 Proposal for a directive Article 3 – paragraph 2
Text proposed by the Commission	Amendment
2. Radio equipment shall be so constructed that its transmitted signals efficiently use the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference. Only radio equipment that can be operated in at least one Member State without infringing applicable requirements on the use of spectrum can comply with this requirement.	2. Radio equipment shall be so constructed that it efficiently uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference. Only radio equipment that can be operated in at least one Member State without infringing applicable requirements on the use of spectrum can comply with this requirement.
Justification
As the amendment to Article 2(1)(1) of the proposed Directive entails a change with regard to the extension of the definition of radio equipment to the equipment capable to receive radio waves, therefore an appropriate change is necessary to Article 3(2) .
Amendment  28 Proposal for a directive Article 3 – paragraph 3 – subparagraph 1 – point a
Text proposed by the Commission	Amendment
(a) radio equipment interworks with accessories, and/or it interworks via networks with other radio equipment, and/or it can be connected to interfaces of the appropriate type throughout the Union;	(a) radio equipment interworks with accessories, in particular chargers, and/or it interworks via networks with other radio equipment, and/or it can be connected to interfaces of the appropriate type throughout the Union;
Amendment  29 Proposal for a directive Article 3 – paragraph 3 – subparagraph 1 – point a a (new)
Text proposed by the Commission	Amendment
	(aa) radio equipment and in particular mobile phones shall be made compatible with a universal charger;
Amendment  30 Proposal for a directive Article 3 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. Where, for radio equipment, the essential requirements set out in this Article are wholly or partly laid down more specifically in another legal act of the Union, this Directive shall not apply, or shall cease to apply, to that radio equipment in respect of such requirements from the date of application of that legal act of the Union.
Amendment  31 Proposal for a directive Article 4 – paragraph 2
Text proposed by the Commission	Amendment
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 45 specifying which categories or classes of radio equipment are concerned by the requirement in the paragraph 1, the required information and the operational rules for making the information on compliance available.	2. The Commission shall be empowered to adopt delegated acts in accordance with Article 45 specifying which categories or classes of radio equipment are concerned by the requirement set out in the paragraph 1 of this Article, the required information on compliance and the operational rules for making the information on compliance available.
Justification
It should be clearly identified in the legislative act what information should be provided, as this might entail a significant burden on the economic operators.
Amendment  32 Proposal for a directive Article 5
Text proposed by the Commission	Amendment
Article 5	deleted
Registration of radio equipment within some categories
1. As from [date - four years after the date of entry into force of the Directive], manufacturers shall register radio equipment types within categories of equipment affected by a low level of compliance with the essential requirements set out in Article 3 within a central system referred to in paragraph 3 prior to radio equipment within those categories being placed on the market. The Commission shall allocate to each registered type a registration number, which manufacturers shall affix on radio equipment placed on the market.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 45 specifying which categories of radio equipment are concerned by the requirement set out in the paragraph 1, taking into account information on the compliance of equipment provided by Member States in accordance with Article 47(1), the information to be registered, the operational rules for registration and the operational rules for affixation of the registration number on radio equipment.
3. The Commission shall make available a central system allowing manufacturers to register the required information.
Justification
The obligation to register radio equipment would result into disproportionate burden to legitimate economic operators, especially SMEs, whereas the benefits of such registration system have not been sufficiently demonstrated. Moreover, such system potentially raises confidentiality issues. Furthermore, the respective provisions on traceability as established in the proposed Directive appear to be a sufficient tool for efficient and effective market surveillance.
Amendment  33 Proposal for a directive Article 6 – title
Text proposed by the Commission	Amendment
Placing on the market	Making available on the market
Justification
In order to fully reflect to contents of Article 6 of the proposed Directive.
Amendment  34 Proposal for a directive Article 7
Text proposed by the Commission	Amendment
Member States shall allow the putting into service and use of radio equipment for its intended purpose where it complies with this Directive. Without prejudice to their obligations under Decision No 676/2002/EC, and to the conditions attached to authorisations for the use of frequencies in conformity with Union law, in particular under Articles 9(3) and 9(4) of Directive 2002/21/EC, Member States may only introduce additional requirements for the putting into service and/or use of radio equipment for reasons related to the efficient use of the radio spectrum, avoidance of harmful interference or matters relating to public health.	Member States shall allow the putting into service and use of radio equipment for its intended purpose where it complies with this Directive. Without prejudice to their obligations under Decision No 676/2002/EC, and to the conditions attached to authorisations for the use of frequencies in conformity with Union law, in particular under Articles 9(3) and 9(4) of Directive 2002/21/EC, Member States may only introduce additional requirements for the putting into service and/or use of radio equipment for reasons related to the efficient use of the radio spectrum, avoidance of harmful interference, avoidance of electromagnetic disturbances or matters relating to public health.
Justification
Member States should be able to impose additional requirements also concerning electromagnetic disturbances.
Amendment  35 Proposal for a directive Article 9 – paragraph 1
Text proposed by the Commission	Amendment
1. Member States shall not prohibit, restrict or impede, for reasons relating to those aspects covered by this Directive, the placing on the market in their territory of radio equipment complying with this Directive.	1. Member States shall not prohibit, restrict or impede, for reasons relating to those aspects covered by this Directive, the making available on the market in their territory of radio equipment complying with the requirements set out in this Directive.
Justification
In order to ensure legal certainty.
Amendment  36 Proposal for a directive Article 9 – paragraph 2
Text proposed by the Commission	Amendment
2. At trade fairs, exhibitions, demonstrations and similar events, Member States shall not create any obstacles to the display of radio equipment which does not comply with this Directive, provided that a visible sign clearly indicates that such radio equipment may not be marketed or used until it has been made to comply.	2. At trade fairs, exhibitions, demonstrations and similar events, Member States shall not create any obstacles to the display and demonstration of radio equipment which does not comply with the requirements set out in this Directive, provided that a visible sign clearly indicates that such radio equipment may not be made available on the market, put into service or used until it has been made to comply with this Directive. Such display and demonstration may only take place provided that adequate measures have been taken to avoid harmful interference and electromagnetic disturbances with regard to the radio spectrum.
Justification
The wording is aligned with NLF alignment package.
Amendment  37 Proposal for a directive Article 10 – paragraph 4 – subparagraph 1
Text proposed by the Commission	Amendment
Manufacturers shall ensure that procedures are in place for series production to remain in conformity. Changes in radio equipment design or characteristics and changes in the harmonised standards or in technical specifications by reference to which conformity of apparatus is declared shall be adequately taken into account.	Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Changes in radio equipment design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of radio equipment is declared shall be adequately taken into account.
Justification
The wording is aligned with the NLF alignment package.
Amendment  38 Proposal for a directive Article 10 – paragraph 4 – subparagraph 2
Text proposed by the Commission	Amendment
When deemed appropriate with regard to the risks presented by radio equipment, manufacturers shall carry out sample testing of radio equipment made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming radio equipment and radio equipment recalls, and shall keep distributors informed of any such monitoring.	When deemed appropriate with regard to the risks presented by radio equipment, manufacturers shall, to protect the health and safety of consumers, upon a duly justified request of the competent authorities, carry out sample testing of radio equipment made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming radio equipment and radio equipment recalls, and shall keep distributors informed of any such monitoring.
Justification
In order to avoid unnecessary burdens for the manufactures, especially the SMEs, the sample testing should be exercised only upon a due request of competent authorities. The wording is also aligned with the NLF alignment package.
Amendment  39 Proposal for a directive Article 10 – paragraph 6
Text proposed by the Commission	Amendment
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on radio equipment or, where the size or nature of radio equipment does not allow it, on its packaging, or in a document accompanying radio equipment. The address must indicate a single point at which the manufacturer can be contacted.	6. Manufacturers shall indicate on radio equipment their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging, or in a document accompanying radio equipment. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities. Where radio equipment is fitted with an integral screen, the requirements laid down in this paragraph may also be fulfilled by a function allowing the end-user to select the display of the required information on the integral screen.
Justification
The specifications of radio equipment has been replaced by a more general indication of "where that is not possible" in order to ensure that limitations not related to the size or nature of the radio equipment could also be taken into account. Moreover, in order to ensure effective use of the information provided, the appropriate language requirement has been introduced. The wording is also aligned with the NLF alignment package. Moreover, this amendment proposes to make provision for the use of Electronic Labelling, bringing the draft R&TTE Directive into the digital age.
Amendment  40 Proposal for a directive Article 10 – paragraph 7 – subparagraph 1
Text proposed by the Commission	Amendment
Manufacturers shall ensure that radio equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other users, as determined by the Member State concerned. Instructions shall include the information required to use radio equipment in accordance with its intended use. Such information shall include, where applicable, a description of accessories and/or components, including software, which allow the radio equipment to operate as intended.	Manufacturers shall ensure that radio equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Instructions shall include the information required to use radio equipment in accordance with its intended use. Such information shall include, where applicable, a description of accessories and/or components, including software, which allow the radio equipment to operate as intended. Such instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible, taking into account the designated end-user.
Justification
In order to ensure consistency of the terms used throughout the text. The wording is aligned with the NLF alignment package.
Amendment  41 Proposal for a directive Article 10 – paragraph 8
Text proposed by the Commission	Amendment
8. A copy of the full EU declaration of conformity shall accompany each piece of radio equipment. This requirement may also be fulfilled by the provision of a simplified EU declaration of conformity. Where only a simplified EU declaration of conformity is provided, it shall be immediately followed by the exact internet or e-mail address where the full EU declaration of conformity can be obtained.	deleted
Justification
The Commission's proposal would require geographical information in all cases, which is disproportionate. The current R&TTE Directive mandates geographical information to alert users to potential restrictions on use of radio equipment in certain Member States, only in those cases where there are actual restrictions. This AM ensures that manufacturers shall add geographical information and alert the user to potential restrictions of use on the package only where restrictions on use exist. Manufacturers would be relieved from one more unnecessary administrative burden.
Amendment  42 Proposal for a directive Article 10 – paragraph 9
Text proposed by the Commission	Amendment
9. Information available on the packaging shall allow to identify the Member States or the geographical area within a Member State where radio equipment can be put into service, and shall alert the user to potential restrictions or requirements for authorisation of use in certain Member States. Such information shall be completed in the instructions accompanying radio equipment. The Commission may adopt implementing acts specifying how to present this information. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 44(2).	9. Information available on the packaging shall allow, in cases where there are restrictions to put radio equipment into service in at least one Member State, to identify the Member States or the geographical area within a Member State where that radio equipment can be put into service. That information shall also provide the user with details of any potential restrictions or requirements for authorisation of use in certain Member States. Such information shall be completed in the instructions accompanying radio equipment. The Commission may adopt implementing acts specifying how to present this information. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 44(2).
Justification
The Commission's proposal would require geographical information in all cases, which is disproportionate. The current R&TTE Directive mandates geographical information to alert users to potential restrictions on use of radio equipment in certain Member States, only in those cases where there are actual restrictions. This AM ensures that manufacturers shall add geographical information and alert the user to potential restrictions of use on the package only where restrictions on use exist.
Amendment  43 Proposal for a directive Article 10 – paragraph 10
Text proposed by the Commission	Amendment
10. Manufacturers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate. Furthermore, where radio equipment presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made radio equipment available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.	10. Manufacturers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate. Furthermore, where radio equipment presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made radio equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Justification
The wording is aligned with the NLF alignment package.
Amendment  44 Proposal for a directive Article 10 – paragraph 11
Text proposed by the Commission	Amendment
11. Manufacturers shall, further to a reasoned request from a competent national authority, provide it without delay with all the information and documentation necessary to demonstrate the conformity of radio equipment, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by radio equipment which they have placed on the market.	11. Manufacturers shall, further to a reasoned request from a competent national authority, provide it without delay with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of radio equipment with this Directive, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by radio equipment which they have placed on the market.
Justification
It is necessary to streamline the process of submission of documentation. The wording is also aligned with the NLF alignment package.
Amendment  45 Proposal for a directive Article 12 – paragraph 3
Text proposed by the Commission	Amendment
3. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the radio equipment or, where that is not possible, on its packaging or in a document accompanying the radio equipment. This includes cases where the size of radio equipment does not allow it, or where importers would have to open the packaging in order to indicate their name and address on radio equipment.	3. Importers shall indicate on the radio equipment their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the radio equipment. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
Justification
The specification of cases is superfluous as it is already covered by a more general indication of "where that is not possible". Moreover, in order to ensure effective use of the information provided, the appropriate language requirement has been introduced. The wording is also aligned with the NLF alignment package.
Amendment  46 Proposal for a directive Article 12 – paragraph 4
Text proposed by the Commission	Amendment
4. Importers shall ensure that the radio equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other users, as determined by the Member State concerned.	4. Importers shall ensure that the radio equipment is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.
Justification
In order to ensure consistency of the terms used throughout the text, as well as to ensure consistency with obligations as established in the amendment to the first subparagraph of Article 10(7) of the proposed Directive.
Amendment  47 Proposal for a directive Article 12 – paragraph 6
Text proposed by the Commission	Amendment
6. When deemed appropriate with regard to the risks presented by radio equipment, importers shall, to protect the health and safety of consumers, carry out sample testing of radio equipment made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming radio equipment and radio equipment recalls, and shall keep distributors informed of such monitoring.	6. When deemed appropriate with regard to the risks presented by radio equipment, importers shall, to protect the health and safety of consumers, upon a duly justified request of the competent authorities carry out sample testing of radio equipment made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming radio equipment and radio equipment recalls, and shall keep distributors informed of any such monitoring.
Justification
In order to avoid unnecessary burdens for the manufactures, especially SMEs, the sample testing should be exercised only upon a due request of competent authorities. The wording is also aligned with the NLF alignment package.
Amendment  48 Proposal for a directive Article 12 – paragraph 7
Text proposed by the Commission	Amendment
7. Importers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the radio equipment presents a risk, importers shall immediately inform the competent national authorities of the Member States in which they made the radio equipment available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.	7. Importers who consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the radio equipment presents a risk, importers shall immediately inform the competent national authorities of the Member States in which they made the radio equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Justification
The wording is aligned with the NLF alignment package.
Amendment  49 Proposal for a directive Article 12 – paragraph 9
Text proposed by the Commission	Amendment
9. Importers shall, further to a reasoned request from a competent national authority, provide it without delay with all the information and documentation necessary to demonstrate the conformity of radio equipment in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the radio equipment which they have placed on the market.	9. Importers shall, further to a reasoned request from a competent national authority, provide it without delay with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of radio equipment in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the radio equipment which they have placed on the market.
Justification
It is necessary to streamline the process of submission of documentation. The wording is also aligned with the NLF alignment package.
Amendment  50 Proposal for a directive Article 13 – paragraph 2 – subparagraph 1
Text proposed by the Commission	Amendment
Before making radio equipment available on the market distributors shall verify that the radio equipment bears the required CE marking, that it is accompanied by the required documents and by instructions and safety information in a language which can be easily understood by consumers and other users in the Member State in which the radio equipment is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 10(5) to (9), and Article 12(3).	Before making radio equipment available on the market distributors shall verify that the radio equipment bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in a language which can be easily understood by consumers and other end-users in the Member State in which the radio equipment is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 10(5) to (9), and Article 12(3) respectively.
Justification
In order to ensure consistency of the terms used throughout the text.
Amendment  51 Proposal for a directive Article 13 – paragraph 4
Text proposed by the Commission	Amendment
4. Distributors who consider or have reason to believe that radio equipment which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where radio equipment presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the radio equipment available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.	4. Distributors who consider or have reason to believe that radio equipment which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where radio equipment presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the radio equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Justification
The wording is aligned with the NLF alignment package.
Amendment  52 Proposal for a directive Article 13 – paragraph 5
Text proposed by the Commission	Amendment
5. Distributors shall, further to a reasoned request from a competent national authority, provide it without delay with all the information and documentation necessary to demonstrate the conformity of radio equipment. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by radio equipment which they have made available on the market.	5. Distributors shall, further to a reasoned request from a competent national authority, provide it without delay with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of radio equipment. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by radio equipment which they have made available on the market.
Justification
It is necessary to streamline the process of submission of documentation as well as establish relevant language requirements. The wording is also aligned with the NLF alignment package.
Amendment  53 Proposal for a directive Article 16 – paragraph 2
Text proposed by the Commission	Amendment
2. Where a harmonised standard satisfies the requirements which it covers and which are set out in Article 3 or Article 27, the Commission shall publish the references of those standards in the Official Journal of the European Union.	deleted
Justification
Covered by Standardisation Regulation.
Amendment  54 Proposal for a directive Article 17 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
Manufacturers may demonstrate compliance of radio equipment with the essential requirements identified in Articles 3(1)(a) and (b) using any of the following conformity assessment procedures:	Manufacturers shall demonstrate compliance of radio equipment with the essential requirements set out in Article 3(1) using any of the following conformity assessment procedures:
Justification
Manufactures should be obliged to demonstrate the compliance with all the relevant essential requirement using one of the conformity assessment procedures.
Amendment  55 Proposal for a directive Article 17 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) EU-type examination followed by the conformity to type procedure set out in Annex IV;	(b) EU-type examination followed by the conformity to type based on the internal production control procedure set out in Annex IV;
Justification
In order to ensure legal clarity it is necessary to align the wording of Article 17(1)(b) of the proposed Directive with the wording of Annex IV of the proposed Directive.
Amendment  56 Proposal for a directive Article 17 – paragraph 2 – introductory part
Text proposed by the Commission	Amendment
Where in assessing the compliance of radio equipment with the essential requirements identified in Articles 3(2) and (3), the manufacturer has applied harmonised standards, the reference number of which has been published in the Official Journal of the European Union, he may use any of the following procedures:	Where in assessing the compliance of radio equipment with the essential requirements set out in Article 3(2) and (3), the manufacturer has applied harmonised standards, the reference number of which has been published in the Official Journal of the European Union, he shall use any of the following procedures:
Justification
Manufactures should be obliged to demonstrate the compliance with all the relevant essential requirement using one of the conformity assessment procedures.
Amendment  57 Proposal for a directive Article 17 – paragraph 2 – point b
Text proposed by the Commission	Amendment
(b) EU-type examination followed by the conformity to type procedure set out in Annex IV;	(b) EU-type examination followed by the conformity to type based on the internal production control procedure set out in Annex IV;
Justification
In order to ensure legal clarity it is necessary to align the wording of Article 17(2)(b) of the proposed Directive with the wording of Annex IV of the proposed Directive.
Amendment  58 Proposal for a directive Article 17 – paragraph 3 – point a
Text proposed by the Commission	Amendment
(a) EU-type examination followed by the conformity to type procedure set out in Annex IV;	(a) EU-type examination followed by the conformity to type based on the internal production control procedure set out in Annex IV;
Justification
In order to ensure legal clarity it is necessary to align the wording of Article 17(3)(a) of the proposed Directive with the wording of Annex IV of the proposed Directive.
Amendment  59 Proposal for a directive Article 18 – paragraph 2 – subparagraph 1
Text proposed by the Commission	Amendment
The EU declaration of conformity shall have the model structure and shall contain the elements set out in Annex VII and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which market the radio equipment is placed or made available.	The EU declaration of conformity shall have the model structure, set out in Annex VII, shall contain the elements set out in that Annex and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the radio equipment is placed or made available on the market.
Justification
The wording is aligned with the NLF alignment package.
Amendment  60 Proposal for a directive Article 18 – paragraph 4
Text proposed by the Commission	Amendment
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of radio equipment.	4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of radio equipment with the requirements laid down in this Directive.
Justification
The wording is aligned with the NLF alignment package.
Amendment  61 Proposal for a directive Article 20 – title
Text proposed by the Commission	Amendment
Rules and conditions for affixing the CE marking	Rules and conditions for affixing the CE marking and identification number of the notified body
Justification
In order to fully reflect to contents of Article 20 of the proposed Directive it is necessary to extend the title.
Amendment  62 Proposal for a directive Article 20 – paragraph 1
Text proposed by the Commission	Amendment
1. The CE marking shall be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of radio equipment. The CE marking shall also be affixed visibly and legibly to the packaging.	1. The CE marking shall be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of radio equipment. The CE marking shall also be affixed visibly and legibly to the packaging. Where radio equipment is fitted with an integral screen, the requirements laid down in this paragraph may also be fulfilled by a function allowing the end-user to select the display of the CE marking on the integral screen which complies with the general principles set out in Article 19.
Justification
This amendment proposes to make provision for the use of Electronic Labelling, bringing the draft R&TTE Directive into the digital age.
Amendment  63 Proposal for a directive Article 20 – paragraph 3 a (new)
Text proposed by the Commission	Amendment
	3a. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.
Justification
The wording is aligned with the NLF alignment package.
Amendment  64 Proposal for a directive Article 21 – paragraph 1
Text proposed by the Commission	Amendment
1. The technical documentation shall contain all relevant data or details of the means used by the manufacturer to ensure that radio equipment complies with the requirements set out in Article 3. It shall, at least, contain the documents listed in Annex VI.	1. The technical documentation shall contain all relevant data or details of the means used by the manufacturer to ensure that radio equipment complies with the essential requirements set out in Article 3. It shall, at least, contain the elements listed in Annex VI.
Justification
In order to ensure legal clarity it is necessary to align the wording of Article 21(1) of the proposed Directive with the wording of Annex VI of the proposed Directive.
Amendment  65 Proposal for a directive Article 21 – paragraph 5
Text proposed by the Commission	Amendment
5. Following a reasoned request from the market surveillance authority of a Member State, the manufacturer shall provide a translation of the relevant parts of the technical documentation into the language of that Member State.	deleted
When a market surveillance authority requests the technical documentation from a manufacturer, it shall be transmitted without delay. When a market surveillance authority requests from a manufacturer a translation of technical documentation or parts thereof, it may fix a deadline for receipt of such translation, which shall be 30 days, unless a shorter deadline is justified in the case of serious and immediate risk.
Justification
This paragraph is difficult to reconcile with the de facto internationalisation of the supply chain, where documents and reports are in any case already produced in well understood languages with the use of internationally used technical terminology.
Amendment  66 Proposal for a directive Article 26 – paragraph 7 – introductory part
Text proposed by the Commission	Amendment
7. The personnel responsible for carrying out conformity assessment activities shall have the following:	7. The personnel responsible for carrying out conformity assessment tasks shall have the following:
Justification
In order to ensure the coherence of the terms used in Article 26 of the proposed Directive. The wording is also aligned with the NLF alignment package.
Amendment  67 Proposal for a directive Article 26 – paragraph 8 – subparagraph 1
Text proposed by the Commission	Amendment
The impartiality of the conformity assessment bodies, their top level management and of the assessment personnel shall be guaranteed.	The impartiality of the conformity assessment bodies, their top level management and of the personnel responsible for carrying out the conformity assessment tasks shall be guaranteed.
Justification
To ensure conformity of the terms used in Article 26 of the proposed Directive.
Amendment  68 Proposal for a directive Article 26 – paragraph 8 – subparagraph 2
Text proposed by the Commission	Amendment
The remuneration of the top level management and assessment personnel of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.	The remuneration of the top level management and personnel responsible for carrying out the conformity assessment tasks of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.
Justification
To ensure conformity of the terms used in Article 26 of the proposed Directive.
Amendment  69 Proposal for a directive Article 26 – paragraph 11
Text proposed by the Commission	Amendment
11. Conformity assessment bodies shall participate in, or ensure that their assessment personnel are informed of, the relevant standardisation activities, the regulatory activities in the area of radio equipment and frequency planning, and the activities of the notified body coordination group established under the relevant Union harmonisation legislation and apply as general guidance the administrative decisions and documents produced as a result of the work of that group.	11. Conformity assessment bodies shall participate in, or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of, the relevant standardisation activities, the regulatory activities in the area of radio equipment and frequency planning, and the activities of the notified body coordination group established under the relevant Union harmonisation legislation and apply as general guidance the administrative decisions and documents produced as a result of the work of that group.
Justification
To ensure conformity of the terms used in Article 26 of the proposed Directive.
Amendment  70 Proposal for a directive Article 29 – paragraph 2
Text proposed by the Commission	Amendment
2. That application shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and categories of radio equipment for which that body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 26.	2. The application for notification shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and categories of radio equipment for which that body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 26.
Justification
The wording is aligned with the NLF alignment package.
Amendment  71 Proposal for a directive Article 31 – paragraph 2 – subparagraph 1
Text proposed by the Commission	Amendment
The Commission shall make publicly available the list of the bodies notified under this Directive, including the identification numbers that have been allocated to them and the activities for which they have been notified.	The Commission shall make publicly available the list of the bodies notified under this Directive, including the identification numbers that have been assigned to them and the activities for which they have been notified.
Justification
In order to ensure the coherence of the terms used in Article 31 of the proposed Directive. The wording is also aligned with the NLF alignment package.
Amendment  72 Proposal for a directive Article 31 – paragraph 2 – subparagraph 2
Text proposed by the Commission	Amendment
The Commission shall ensure that that list is kept up to date.	The Commission shall ensure that the list is kept up to date.
Justification
The wording is aligned with the NLF alignment package.
Amendment  73 Proposal for a directive Article 33 – paragraph 2
Text proposed by the Commission	Amendment
2. The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the body concerned.	2. The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the notified body concerned.
Justification
The wording is aligned with the NLF alignment package.
Amendment  74 Proposal for a directive Article 39 – title
Text proposed by the Commission	Amendment
Union market surveillance and control of products entering the Union market	Union market surveillance and control of radio equipment entering the Union market
Justification
It is necessary to align the title of the Article with its content.
Amendment  75 Proposal for a directive Article 40 – paragraph 1 – subparagraph 1
Text proposed by the Commission	Amendment
Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that radio equipment covered by this Directive presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Directive, they shall carry out an evaluation in relation to the radio equipment concerned covering all the requirements laid down in this Directive. The relevant economic operators shall cooperate as necessary with the market surveillance authorities.	Where the market surveillance authorities of one Member State have sufficient reasons to believe that radio equipment covered by this Directive presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Directive, they shall carry out an evaluation in relation to the radio equipment concerned covering all the relevant requirements laid down in this Directive. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Justification
The wording is aligned with the NLF alignment package.
Amendment  76 Proposal for a directive Article 40 – paragraph 1 – subparagraph 2
Text proposed by the Commission	Amendment
Where, in the course of that evaluation, the market surveillance authorities find that the radio equipment does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the radio equipment into compliance with those requirements, to withdraw the radio equipment from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.	Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that the radio equipment does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take all appropriate corrective actions to bring the radio equipment into compliance with those requirements, to withdraw the radio equipment from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.
Justification
The wording is aligned with the NLF alignment package.
Amendment  77 Proposal for a directive Article 40 – paragraph 1 – subparagraph 4
Text proposed by the Commission	Amendment
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph.	Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.
Justification
The wording is aligned with the NLF alignment package.
Amendment  78 Proposal for a directive Article 40 – paragraph 5 – introductory part
Text proposed by the Commission	Amendment
The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant radio equipment, the origin of radio equipment, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to any of the following:	The information referred to in the second subparagraph of paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant radio equipment, the origin of radio equipment, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to any of the following:
Justification
The wording is aligned with the NLF alignment package.
Amendment  79 Proposal for a directive Article 40 – paragraph 6
Text proposed by the Commission	Amendment
6. Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of radio equipment concerned, and, in the event of disagreement with the notified national measure, of their objections.	6. Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of radio equipment concerned, and, in the event of disagreement with the adopted national measure, of their objections.
Justification
The wording is aligned with the NLF alignment package.
Amendment  80 Proposal for a directive Article 40 – paragraph 7
Text proposed by the Commission	Amendment
7. Where, within 8 weeks of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.	7. Where, within three months of receipt of the information referred to in second subparagraph of paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Justification
The wording is aligned with the NLF alignment package.
Amendment  81 Proposal for a directive Article 40 – paragraph 8
Text proposed by the Commission	Amendment
8. Member States shall ensure that appropriate restrictive measures are taken in respect of the apparatus concerned without delay.	8. Member States shall ensure that appropriate restrictive measures, such as withdrawal of the radio equipment from the market, are taken in respect of the radio equipment concerned without delay.
Justification
The wording is aligned with the NLF alignment package.
Amendment  82 Proposal for a directive Article 41 – paragraph 2
Text proposed by the Commission	Amendment
2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant radio equipment is withdrawn or recalled from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.	2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant radio equipment is withdrawn or recalled from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw that measure.
Justification
The wording is aligned with the NLF alignment package.
Amendment  83 Proposal for a directive Article 41 – paragraph 3
Text proposed by the Commission	Amendment
3. Where the national measure is considered justified and the non-compliance of the radio equipment is attributed to shortcomings in the harmonised standards referred to in Article 16 of this Directive, the Commission shall apply the procedure provided for in Article [8] of Regulation (EU )No[../..] [on European Standardisation].	3. Where the national measure is considered justified and the non-compliance of the radio equipment is attributed to shortcomings in the harmonised standards referred to in point (b) of Article 40(5) of this Directive, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
Justification
As the Regulation on European Standardisation has been published in the Official Journal it is necessary to reflect this change.
Amendment  84 Proposal for a directive Article 42 – paragraph 1
Text proposed by the Commission	Amendment
1. Where, having performed an evaluation under Article 40(1), a Member State finds that although radio equipment is in compliance with this Directive, it presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Directive it shall require the relevant economic operator to take all appropriate measures to ensure that the radio equipment concerned, when placed on the market, no longer presents that risk, to withdraw the radio equipment from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.	1. Where, having carried out an evaluation under Article 40(1), a Member State finds that although radio equipment is in compliance with this Directive, it presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Directive it shall require the relevant economic operator to take all appropriate measures to ensure that the radio equipment concerned, when placed on the market, no longer presents that risk, to withdraw the radio equipment from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Justification
The wording is aligned with the NLF alignment package.
Amendment  85 Proposal for a directive Article 43 – paragraph 1 – point b a (new)
Text proposed by the Commission	Amendment
	(ba) the identification number of the notified body, where the conformity assessment procedure set out in Annex V is applied, has been affixed in violation of Article 20 or has not been affixed;
Justification
The wording is aligned with the NLF alignment package.
Amendment  86 Proposal for a directive Article 43 – paragraph 1 – point f
Text proposed by the Commission	Amendment
(f) product does not comply with the requirements set out in Articles 10(5), (6) and 12(3);	(f) the information referred to in Article 10(5) or (6) or Article 12(3) is absent, false or incomplete;
Justification
In order to ensure legal certainty.
Amendment  87 Proposal for a directive Article 43 – paragraph 1 – point g
Text proposed by the Commission	Amendment
(g) information on intended use of radio equipment, EU declaration of conformity and usage restrictions as set out in Article 10(7), (8) and (9) does not accompany radio equipment;	(g) information on intended use of radio equipment, EU declaration of conformity or usage restrictions as set out in Article 10(7), (8) and (9) does not accompany radio equipment;
Justification
In order to ensure legal certainty it is necessary to specify that failure to comply with one of the requirements enables the Member State to require the relevant economic operator to put an end to the non-compliance.
Amendment  88 Proposal for a directive Article 43 – paragraph 1 – point i
Text proposed by the Commission	Amendment
(i) non compliance with Article 5.	deleted
Justification
In accordance with the amendment to Article 5 of the proposed Directive.
Amendment  89 Proposal for a directive Article 45 – paragraph 2
Text proposed by the Commission	Amendment
2. The delegation of power referred to in Articles 2(3), 3(3), 4(2) and 5(2) shall be conferred for an indeterminate period of time from the [date of entry into force]	2. The power to adopt delegated acts referred to in the second subparagraph of Article 3(3) and Article 4(2) shall be conferred for an indeterminate period of time from ...*.
	_____________
	* OJ: please insert the date of entry into force of this Directive.
Justification
In accordance with the amendment to Article 2(3) and Article 5 of the proposed Directive.
Amendment  90 Proposal for a directive Article 45 – paragraph 3
Text proposed by the Commission	Amendment
3. The delegation of power referred to in Articles 2(3), 3(3), 4(2) and 5(2) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.	3. The delegation of power referred to in the second subparagraph of Article 3(3) and Article 4(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Justification
In accordance with the amendment to Article 2(3) and Article 5 of the proposed Directive, as well as in order to ensure legal clarity.
Amendment  91 Proposal for a directive Article 45 – paragraph 5
Text proposed by the Commission	Amendment
5. A delegated act adopted pursuant to Articles 2(3), 3(3), 4(2) and 5(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.	5. A delegated act adopted pursuant to the second subparagraph of Article 3(3) and Article 4(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Justification
In accordance with the amendment to Article 2(3) and Article 5 of the proposed Directive.
Amendment  92 Proposal for a directive Article 46 – paragraph 1
Text proposed by the Commission	Amendment
Member States shall lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced.	Member States shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules may include criminal penalties for serious infringements.
Justification
The wording is aligned with the NLF alignment package.
Amendment  93 Proposal for a directive Article 47 – paragraph 2 – subparagraph 1 – point c a (new)
Text proposed by the Commission	Amendment
	(ca) reach a high level of consumer protection.
Justification
The review of the operation of the Directive by the Commission should also cover a high level of consumer protection.
Amendment  94 Proposal for a directive Annex I – point 1
Text proposed by the Commission	Amendment
1. Radio equipment used by radio amateurs within Article 1, definition 56, of the International Telecommunications Union (ITU) radio regulations unless the equipment is available commercially.	1. Non‑commercially available radio equipment used by radio amateurs within Article 1, definition 56, of the International Telecommunications Union (ITU) radio regulations:
Kits of components to be assembled by radio amateurs and commercial equipment modified by and for the use of radio amateurs are not regarded as commercially available equipment.	(i) radio kits for assembly and use by radio amateurs;
	(ii) commercially available radio equipment modified by and for the use of radio amateurs;
	(iii) equipment constructed by individual radio amateurs for experimental and scientific purposes related to amateur radio.
Justification
The existing text has repeatedly led to interpretation difficulties in the past. The revised wording is a clarification and does not change the meaning.
Amendment  95 Proposal for a directive Annex I – point 5 a (new)
Text proposed by the Commission	Amendment
	5a. Custom-built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.
Justification
R&D equipment is an important product group as they ensure innovation and competitiveness in the EU. Recent reforms of the RoHS and WEEE Directives exempt such equipment from their scope of application. In order to avoid a significant degree of uncertainty among importers and distributors as to what electrical products are covered by a specific product directive, their scopes of application should be aligned.
Amendment  96 Proposal for a directive Annex II
Text proposed by the Commission	Amendment
ANNEX II	deleted
PRODUCTS FALLING WITHIN THE DEFINITION OF RADIO EQUIPMENT
1. For the purposes of this Directive the following products shall be deemed to be radio equipment:
(a) active antennas;
(b) jammers.
2. For the purposes of this Directive the following products shall not be deemed to be radio equipment:
(a) passive antennas;
(b) cochlear implants;
(c) microwave ovens.
Justification
As the amendment to Article 2(1)(1) of the proposed Directive entails a change with regard to restriction of the definition of radio equipment to the equipment capable of communication, therefore Annex II of the proposed Directive has become obsolete.
Amendment  97 Proposal for a directive Annex VII – point 1
Text proposed by the Commission	Amendment
1. No … (unique identification of the radio equipment):	1. Product (product, batch, type or serial number):
Justification
The wording is aligned with the NLF alignment package.
Amendment  98 Proposal for a directive Annex VII – point 4
Text proposed by the Commission	Amendment
4. Object of the declaration (identification of the radio equipment allowing traceability. It may include a photograph, where appropriate):	4. Object of the declaration (identification of the radio equipment allowing traceability; it may include a colour image of sufficient clarity where necessary for the identification of the radio equipment):
Justification
The wording is aligned with the NLF alignment package.

• [1]  OJ C 133, 9.5.2013, p.58.

EXPLANATORY STATEMENT

Background

This report brings modifications to the proposal of the European Commission to revise Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity[1] (R&TTE Directive). The proposal is closely related to the implementation of the New Legislative Framework (NLF) adopted in 2008 as "the goods package".

The R&TTE Directive establishes a framework for the placing on the market, free movement and putting into service in the EU of radio equipment and telecommunications terminal equipment. The Directive entered into force in 1999 and has been crucial to achieving an internal market in this area. The Directive includes essential requirements for the protection of health and safety, of electromagnetic compatibility and for the avoidance of harmful interference. These requirements are translated into technical requirements within non-mandatory harmonised standards, as in other ‘New Approach’ legislation.

The number of mobile devices and wireless applications has grown enormously in recent years. This creates risks of interference between the various products. Therefore an efficient use of the radio spectrum is essential.

Existing provisions in the area of the proposal

The R&TTE Directive fully harmonises the placing on the EU market of the products falling within its scope. Only equipment complying with the requirements of the Directive may be placed on the market, and Member States may not introduce further restrictions addressing at national level the same requirements. Putting into service and use of radio equipment is subject to national regulation. When exercising this competence, Member States must comply with applicable EU law, in particular:

•   The general framework for spectrum policy set out in the Radio Spectrum Policy Programme;

•   General criteria laid down in Directive 2002/21/EC (Framework Directive) within the regulatory framework for electronic communications;

•   Conditions for authorisations for the use of spectrum laid down in Directive 2002/20/EC (Authorisation Directive) within the regulatory framework for electronic communications;

•   Implementing measures under Decision 676/2002/EC (Radio Spectrum Decision) harmonising the technical conditions for the use of certain spectrum bands in the EU and that are binding on all Member States. Examples of bands harmonised at EU level include the bands for GSM, UMTS and shortrange devices;

•   Consistency with the other policies and objectives of the Union.

Rapporteur's Position

Your rapporteur welcomes the proposal of the European Commission. However, she suggests to introduce a number of horizontal and vertical changes in order to avoid unnecessary administrative burden, which would particularly affect SMEs, while securing a very high level of consumer protection, the most efficient use of the radio spectrum, improving market surveillance, reaching a higher level of consistency with the New Legislative Framework and eliminating possible inconsistencies in the text which may otherwise create legal uncertainty.

Horizontal Issues

Your rapporteur identified several inconsistencies with the "Goods Package", which has already been discussed at European level. In order to align with these results and achieve a coherent legislative framework, your rapporteur suggests improvements of the wording.

Vertical Issues

Your rapporteur agrees with the general direction of the Proposal. Nevertheless, there are a number of issues specific to the Directive where changes are necessary in order to strike the right balance between effective market surveillance and avoidance of unnecessary administrative burden especially for SMEs.

a)  A number of products that entail a very limited use of electromagnetic waves for the purpose other than communication are already present on the market without any major reported problems and are sufficiently regulated by e.g. LVD and EMC Directives therefore it is not proportionate to extend the scope of the proposed regulation to include such devices.

b)  Moreover and considering that radio spectrum is a finite resource, it is important to guarantee its efficient usage, therefore the equipment capable of receiving radio waves should fall under the scope of proposed Directive.

Your rapporteur consequently considers important to change the definition of "radio equipment" accordingly.

c)  The obligation to register certain radio equipment in a central system would result into disproportionate burden to legitimate economic operators, especially SMEs, whereas the benefits of such registration system have not been sufficiently demonstrated. Moreover, such system potentially raises confidentiality issues. Furthermore, the respective provisions on traceability as established in the proposed Directive are a sufficient tool for efficient and effective market surveillance.

d)  Member States should encourage economic operators to include not only a postal address but in addition to that also a website address in order to facilitate the communication between economic operators, market surveillance authorities and consumers.

Your rapporteur welcomes the fact that the Proposal highlights the benefits of interoperability between radio equipment and accessories such as chargers. However, there needs to be a renewed effort to introduce a common charger. This would simplify the use of radio equipment e.g. mobile phones, reduce waste and costs as well as will consequently be highly beneficial to consumers.

• [1]               OJ L 91, 7.4.1999, p. 10.

PROCEDURE

Title	Harmonisation of the laws of the Member States relating to the making available on the market of radio equipment
References	COM(2012)0584 – C7-0333/2012 – 2012/0283(COD)
Date submitted to Parliament	17.10.2012
Committee responsible        Date announced in plenary	IMCO 25.10.2012
Committee(s) asked for opinion(s)        Date announced in plenary	ENVI 25.10.2012	ITRE 25.10.2012	CULT 25.10.2012
Not delivering opinions        Date of decision	ENVI 6.11.2012	ITRE 5.11.2012	CULT 6.11.2012
Rapporteur(s)        Date appointed	Barbara Weiler 6.11.2012
Discussed in committee	21.2.2013	29.5.2013	9.7.2013	25.9.2013
Date adopted	26.9.2013
Result of final vote	+: –: 0:	35 0 0
Members present for the final vote	Claudette Abela Baldacchino, Pablo Arias Echeverría, Adam Bielan, Preslav Borissov, Jorgo Chatzimarkakis, Sergio Gaetano Cofferati, Birgit Collin-Langen, Anna Maria Corazza Bildt, Cornelis de Jong, Christian Engström, Vicente Miguel Garcés Ramón, Evelyne Gebhardt, Małgorzata Handzlik, Eduard-Raul Hellvig, Sandra Kalniete, Edvard Kožušník, Hans-Peter Mayer, Sirpa Pietikäinen, Robert Rochefort, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Catherine Stihler, Barbara Weiler
Substitute(s) present for the final vote	Raffaele Baldassarre, Ashley Fox, Marielle Gallo, Roberta Metsola, Claudio Morganti, Olle Schmidt, Sabine Verheyen, Josef Weidenholzer
Substitute(s) under Rule 187(2) present for the final vote	Ana Gomes, Ingeborg Gräßle, Elisabeth Jeggle
Date tabled	2.10.2013