L91/10 Official Journal of the European Communities 7.4.1999 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 ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189b of the Treaty (°), 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; 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; Whereas Member States may rely upon Article 36 of the Treaty to exclude certain classes of equipment from this Directive; Whereas Directive 98/13/EC (*) consolidated the provisions relating to telecommunications terminal equipment and satellite earth station equipment, including measures for the mutual recognition of their conformity; (") OJ C 248, 14.8.1997, p. 4. (3 OJ C 73, 9.3.1998, p. 10. () Opinion of the European Parliament of 29 January 1998 (OJ C 56, 23.2.1998, p. 27), Council common position of 8 June 1998 (O] C 227, 20.7.1998, p. 37) and Decision of the Euro- pean Parliament of 6 October 1998 (O] C 328, 26.10.1998, p. 32). Decision of the Council of 25 January 1999 and Decision of the European Parliament of 10 February 1999. () OJ L 74, 12.3.1998, p. 1. ©) (10) Whereas that Directive does not cover a substantial proportion of the radio equipment market; Whereas dual-use goods are subject to the Community regime of export controls introduced by Council Regulation (EC) No 3381/94 (°); Whereas the broad scope of this Directive requires new definitions of the expressions ‘radio equipment’ and ‘telecommunications terminal equipment’; whereas a regulatory regime aimed at the develop- ment of a single market for radio equipment and telecommunications terminal equipment should permit investment, manufacture and sale to take place at the pace of technology and market develop- ments; Whereas, given the increasing importance of tele- communications terminal equipment and networks using radio transmission besides equipment connected through wired links, any rules governing the manufacturing, marketing and use of radio equipment and telecommunications terminal equip- ment should cover both classes of such equipment; Whereas Directive 98/10/EC of the European Parlia- ment and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecom- munications in a competitive environment (¥) calls on national regulatory authorities to ensure the publication of details of technical interface specifica- tions for network access for the purpose of ensuring a competitive market for the supply of terminal equipment; Whereas the objectives of Council Directive 73/ 23/EEC of 19 February 1973 on the harmonisation of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (") are sufficient to cover radio equipment and telecommunications terminal equipment, but with no lower voltage limit applying; () OJ L 367, 31.12.1994, p. 1. () OJ L 101, 1.4.1998, p. 24. () OJ L 77, 26.3.1973, p- 29. Directive as amended by Directive 93/68/EEC (O] L 220, 30.8.1993, p. 1).