L 153/62 Official Journal of the European Union 22.5.2014 DIRECTIVE 2014/53/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the Economic and Social Committee (*), Acting in accordance with the ordinary legislative procedure (%), Whereas: (1)  Directive 1999/5/EC of the European Parliament and of the Council (*) has been substantially amended several times. Since further amendments are to be made, it should be replaced in the interests of clarity. (2)  Regulation (EC) No 765/2008 of the European Parliament and of the Council (*) lays down rules on the accredita- tion of conformity assessment bodies, provides a framework for the market surveillance of products and for controls on products from third countries, and lays down the general principles of the CE marking. (3)  Decision No 768/2008/EC of the European Parliament and of the Council (°) lays down common principles and reference provisions intended to apply across sectoral legislation in order to provide a coherent basis for revision or recasts of that legislation. Directive 1999/5/EC should therefore be adapted to that Decision. (4)  The essential requirements laid down in Directive 1999/5/EC which are relevant to fixed-line terminal equipment, i.e. to ensure the protection of health and safety of persons and of domestic animals and the protection of prop- erty and an adequate level of electromagnetic compatibility, are appropriately covered by Directive 2014/35/EU of the European Parliament and of the Council (°) and Directive 2014/30/EU of the European Parliament and of the Council (). This Directive should therefore not apply to fixed-line terminal equipment. () 0JC133,9.5.2013,p.58. (¥ Position of the European Parliament of 13 March 2014 (not yet published in the Official Journal) and decision of the Council of 14 April 2014. () Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications term- inal equipment and the mutual recognition of their conformity (OJ L 91, 7.4.1999, p. 10). (*) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accredita- tion and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30). () Decision No 768/2008/EC 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 (O] L 218, 13.8.2008, p. 82). () Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357). () Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (O] L 96, 29.3.2014, p. 79).