EC无线电及通讯终端指令.docVIP

1999 EC无线电及通讯终端指令 EN Official Journal of the European Communities 77. 4. 1999L 91/10 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 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), in the light of the joint text approved by the Conciliation Committee on 8 December 1998, (1) Whereas the radio equipment and telecommunica- tions terminal equipment sector is an essential part of the telecommunications market, which is a key element of the economy in the Community; whereas the directives applicable to the telecommunications terminal equipment sector are no longer capable of accommodating the expected changes in the sector caused by new technology, market developments and network legislation; (2) Whereas in accordance with the principles of sub- sidiarity and proportionality referred to in Article 3b of the Treaty, the objective of creating an open competitive single market for telecommunications equipment cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community; whereas this Directive does not go beyond what is necessary to achieve this aim; (3) Whereas Member States may rely upon Article 36 of the Treaty to exclude certain classes of equipment from this Directive; (4) Whereas Directive 98/13/EC (4) consolidated the provisions relating to telecommunications terminal equipment and satellite earth station equipment, including measures for the mutual recognition of their conformity; (5) Whereas that Directive does not cover a substantial proportion of the radio equipme