Amended proposal for a European Parliament and Council Directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations
C 65/12 EN Official Journal of the European Communities 28. 2. 98 II (Preparatory Acts) COMMISSION Amended proposal for a European Parliament and Council directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulationsØ(˛) (98/C 65/07) (Text with EEA relevance) COM(97) 601 final - 96/0220(COD) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 17 November 1997) (˛) OJ CØ307, 16. 10. 1996, p. 11. INITIAL PROPOSAL AMENDED PROPOSAL THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, in particular Articles 100a and 213 thereof, Having regard to the Treaty establishing the European Community, in particular Articles 100a and 213 thereof, Having regard to the proposal of the Commission, Having regard to the proposal of the Commission, Having regard to the opinion of the Economic and Social Committee, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with the procedure referred to in Article 189b of the Treaty, Acting in accordance with the procedure referred to in Article 189b of the Treaty, (1) Whereas, in order to promote the smooth funcÜ tioning of the internal market, as much transÜ parency as possible should be ensured as regards the future national rules and regulations that will apply to information society services by amending Directive 83/189/EEC; (1) Whereas, in order to promote the smooth funcÜ tioning of the internal market, as much transÜ parency as possible should be ensured as regards the future national rules and regulations that will apply to information society services by amending Directive 83/189/EEC; (1a) Whereas the concepts of "service’ and "provision of service’ used in this Directive must be understood in the broad sense of the term given to them by the case law of the Court of Justice in its interpreÜ tation of Articles 59 to 66 of the EC Treaty; 28. 2. 98 EN Official Journal of the European Communities C 65/13 INITIAL PROPOSAL AMENDED PROPOSAL (2) Whereas a wide variety of services within the meaning of Articles 59 and 60 of the Treaty will benefit from the opportunities afforded by the for being provided at a information society distance, electronically and on individual request of a service receiver; the (2) Whereas a wide variety of services within the meaning of Articles 59 and 60 of the Treaty will benefit from the opportunities afforded by the for being provided at a information society distance, electronically and on individual request of a service receiver; the (3) Whereas the area without internal frontiers of which the internal market consists enables the providers of such services to develop their crossÜ border activities with a view to increasing their competitiveness, and thus affords ordinary citizens new opportunities for transmitting and receiving information regardless of frontiers, and consumers new forms of access to goods and services; (3) Whereas the area without internal frontiers of which the internal market consists enables the providers of such services to develop their crossÜ border activities with a view to increasing their competitiveness, and thus affords ordinary citizens new opportunities for transmitting and receiving information regardless of frontiers, and consumers new forms of access to goods and services; (4) Whereas the various social, societal and cultural implications of information the advent of society may require account to be taken of the specificity of the content of such services; the (4) Whereas the various social, societal and cultural implications of information the advent of society may require account to be taken of the specificity of the content of such services; the (4a) Whereas there may be instances in which Member States deem it necessary to take measures in the identity and interest of preserving diversity, having due regard for Community law; cultural (5) Whereas the European Council has stressed the need to create a clear and stable legal framework at Community level in order to foster the development of the information society; whereas Community law in and the rules governing the particular, including both the principles enshrined in the Treaty and secondary legislation, already constitue a basic legal framework for the growth of such services; internal market (5) Whereas the European Council has stressed the need to create a clear and stable legal framework at Community level in order to foster the development of the information society; whereas Community law in and the rules governing the particular, including both the principles enshrined in the Treaty and secondary legislation, already constitute a basic legal framework for the growth of such services; internal market (5a) Whereas the Commission has committed itself to submitting Green Papers followed by proposals for joint actions on the new services; (6) Whereas the current national rules and regulations applicable to existing services will have to be adapted to take account of the new information society services, either with a view to ensuring that the general interest is better safeguarded or, on the contrary, with a view to simplifying them where their the objectives they pursue; is disproportionate application to (6) Whereas the current national rules and regulations applicable to existing services will have to be adapted to take account of the new information society services, either with a view to ensuring that the general interest is better safeguarded or, on the contrary, with a view to simplifying them where their the objectives they pursue; is disproportionate application to C 65/14 EN Official Journal of the European Communities 28. 2. 98 INITIAL PROPOSAL AMENDED PROPOSAL (7) Whereas, without coordination at Community level, this foreseeable regulatory activity at national level might result in restrictions to the free movement of services and the freedom of establishment, leading in turn to a refragmentation of the internal market, over regulation and regulatory inconsistencies; (7) Whereas, without coordination at Community level, this foreseeable regulatory activity at national level might result in restrictions to the free movement of services and the freedom of establishment, leading in turn to a refragmentation of the internal market, over regulation and regulatory inconsistencies; (8) Whereas, in order to ensure real and effective protection of the general interest objectives which play a part in the development of the information society, there is a need for a coordinated approach at Community level when dealing with questions relating to activities with such highly transnational connotations as the new services have; (8) Whereas, in order to ensure real and effective protection of the general interest objectives which play a part in the development of the information society, there is a need for a coordinated approach at Community level when dealing with questions relating to activities with such highly transnational connotations as the new services have; (8a) Whereas there already exists Community harmonÜ isation for telecommunications services and that the existing Community legislation foresees adapÜ tations to account for technological developments and the supply of new services; (8a) Whereas there already exists Community harmonÜ isation for telecommunications services and that the existing Community legislation foresees adapÜ tations to account for technological developments and the supply of new services; information society, (9) Whereas, for the other, less well known fields of the it would be premature, however, to coordinate such rules and regulations by means of an extensive or exhaustive harmonÜ isation at Community level of the substantive law, given, first, that neither the form the new services will take nor their nature is sufficiently well known, secondly, that there is as yet at national level no specific regulatory activity in this field, and, thirdly, that the need for and content of such harmonÜ isation in the light of the internal market cannot be defined at this stage; information society, (9) Whereas, for the other, less well known fields of the it would be premature, however, to coordinate such rules and regulations by means of an extensive or exhaustive harmonÜ isation at Community level of the substantive law, given, first, that neither the form the new services will take nor their nature is sufficiently well known, secondly, that there is as yet at national level no specific regulatory activity in this field, and, thirdly, that the need for and content of such harmonÜ isation in the light of the internal market cannot be defined at this stage; rules and regulations; whereas (10) Whereas it is therefore necessary to preserve the smooth functioning of the area without internal frontiers and to avert the risks of refragmentation by providing for a procedure for the provision of information, the holding of consultations, and administrative cooperation in respect of the new draft such a procedure will contribute inter alia to ensure that the Treaty, in particular Articles 52 and 59 thereof, is effectively applied, and, where appropriate, to detect the need to safeguard the general interest at Community level; whereas, moreover, the improved application of the Treaty made possible by such an information procedure will have the effect of reducing the need for Community rules to that which is strictly necessary and proportional in the light of the internal market and of the protection of general interest objectives; whereas, lastly, such a procedure will enable businesses to exploit the advantages of the internal market more effectively; rules and regulations; whereas (10) Whereas it is therefore necessary to preserve the smooth functioning of the area without internal frontiers and to avert the risks of refragmentation by providing for a procedure for the provision of information, the holding of consultations, and administrative cooperation in respect of the new draft such a procedure will contribute inter alia to ensure that the Treaty, in particular Articles 52 and 59 thereof, is effectively applied, and, where appropriate, to detect the need to safeguard the general interest at Community level; whereas, moreover, the improved application of the Treaty made possible by such an information procedure will have the effect of reducing the need for Community rules to that which is strictly necessary and proportional in the light of the internal market and of the protection of general interest objectives; whereas, lastly, such a procedure will enable businesses to exploit the advantages of the internal market more effectively; 28. 2. 98 EN Official Journal of the European Communities C 65/15 INITIAL PROPOSAL AMENDED PROPOSAL regulations pursues (11) Whereas Council Directive 83/189/EEC of 28 laying down a procedure for the March 1983 provision of information in the field of technical standards and same objectives; whereas this procedure is effective, being the most comprehensive one for attaining these objectives; whereas the experience that has been gained the procedures provided for therein can be applied to draft rules on information society services; whereas the procedure it lays down is now well established among national authorities; the Directive and implementing the in (11) Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations pursues the same objectives; whereas this procedure is effective, being the most compreÜ hensive one for attaining these objectives; whereas in the implementing the Directive and the procedures provided for therein can be applied to draft rules on information society services; whereas the procedure it lays down is now well established among national authorities; experience gained been that has (12) Whereas, moreover, in accordance with Article 7a of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas Directive 83/189/EEC provides only for an administrative cooperation procedure and not for any harmonisation of substantive rules; (12) Whereas, moreover, in accordance with Article 7a of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas Directive 83/189/EEC provides only for an administrative cooperation procedure and not for any harmonisation of substantive rules; (13) Whereas, therefore, regulations on amendment of Directive 83/189/EEC with a view to applying it to draft society rules and services is the approach best suited to meeting effectively the need for transparency in the internal market as for the information society services is concerned; information framework far as legal (13) Whereas, therefore, regulations on amendment of Directive 83/189/EEC with a view to applying it to draft society rules and services is the approach best suited to meeting effectively the need for transparency in the internal market as for the information society services is concerned; information framework far as legal (14) Whereas, in view of the diversity of information society services and their future growth, notifiÜ cation should be provided for only in the case of rules which are likely to evolve in future; whereas the services which are likely to necessitate and generate the largest number of new rules and reguÜ lations are those which are provided at a distance, electronically, and on the individual request of a service provision must whereas accordingly be made for the notification of draft rules and regulations relating to such services; receiver; (14) Whereas, in view of the diversity of information society services and their future growth, notifiÜ cation should be provided for only in the case of rules which are likely to evolve in future; whereas the services which are likely to necessitate and generate the largest number of new rules and reguÜ lations are those which are provided at a distance, electronically, and on the individual request of a service provision must whereas accordingly be made for the notification of draft rules and regulations relating to such services; receiver; (15) Whereas specific rules on the taking up and pursuit of service activities which are capable of being carried on the manner described above should thus be communicated even where they are included in a set of rules and regulations with a more general purpose; whereas, however, general rules which do not contain any specific provision concerning such services should not be notified; (15) Whereas specific rules on the taking up and pursuit of service activities which are capable of being carried on the manner described above should thus be communicated even where they are included in a set of rules and regulations with a more general purpose; whereas, however, general rules which do not contain any specific provision concerning such services should not be notified; C 65/16 EN Official Journal of the European Communities 28. 2. 98 INITIAL PROPOSAL AMENDED PROPOSAL (16) Whereas "rules on the taking up and pursuit of service activities’ means rules laying down any form of requirement, such as those relating to service providers, services and service receivers and to an economic activity capable of being provided elecÜ individual tronically, is a distance and on the for request of receiver; whereas, example, rules on the establishment of service providers, in particular those on authorisation or licensing arrangements, are thus covered; whereas shall be considered as auch a rule a provision information society services specifically aimed at even if part of more general regulation; service the (16) Whereas "rules on the taking up and pursuit of service activities’ means rules laying down any form of requirement, such as those relating to service providers, services and service receivers and to an economic activity capable of being provided elecÜ individual tronically, is a distance and on the for request of receiver; whereas, example, rules on the establishment of service providers, in particular those on authorisation or licensing arrangements, are thus covered; whereas shall be considered as auch a rule a provision information society services specifically aimed at even if part of more general regulation; service the (17) Whereas this Directive is without prejudice to the scope of Council Directive 89/552/EC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadÜ casting activities such as modified by Directive 96/. Ø. Ø. /EC of the European Parliament and the Council or any that Directive; future modification of (17) Whereas this Directive is without prejudice to the scope of Council Directive 89/552/EC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadÜ casting activities such as modified by Directive 96/36/EC of the European Parliament and the Council or any that Directive; future modification of (17a) Whereas the Commission has undertaken to submit a Green Paper on the development of the cultural aspects of the new services; whereas this initiative could, if applicable, be followed by a proposal for appropriate measures; (17b) Whereas, therefore, this Directive is also without prejudice to the scope of cultural aspects of any future Community policy; (17c) Whereas developments in the market for new information society services should be regularly examined at Community level, especially from the viewpoint of the convergence between telecomÜ munications, the media, with a view, where appropriate, to legisÜ lative, initiatives being taken to encourage the development of the new services at European level; technology and information (18) Whereas this Directive is without prejudice to the negotiations concerning and the content of the proposal for a European Parliament and Council directive on a common framework for general authorisations and individual licences for telecomÜ munications services; (18) Whereas this Directive is without prejudice to the content of European Parliament and Council directive 97/13/EC on a common framework for general authorisations and individual licences for telecommunications services; 28. 2. 98 EN Official Journal of the European Communities C 65/17 INITIAL PROPOSAL AMENDED PROPOSAL (19) Whereas, at all events, this Directive does not cover the drafts of national provisions aimed at implementing the content of Community directives in force or awaiting adoption inasmuch as they already form the subject matter of a specific examÜ ination; whereas it accordingly does not cover either national rules and regulations implementing Council Directive 89/522/EC on the coordination of certain provisions laid down by law, regulation or in Member States action concerning the pursuit of television broadcasting activities, as amended by European Parliament and Council Directive 96/. Ø. Ø. /EC or any future amendments of that Directive or national rules and regulations implementing the future Directive on a common framework for general authorisations and individual licences for telecommunications services; administrative (19) Whereas, at all events, this Directive does not cover the drafts of national provisions aimed at implementing the content of Community directives in force or awaiting adoption inasmuch as they already form the subject matter of a specific examÜ ination; whereas it accordingly does not cover either national rules and regulations implementing Council Directive 89/522/EC on the coordination of certain provisions laid down by law, regulation or in Member States action concerning the pursuit of television broadcasting activities, as amended by European Parliament and Council Directive 97/36/EC or future amendments of that Directive or national rules and regulations implementing Directive 97/13/EC on a common framework for general authorisations and individual licences for telecommunications services; administrative any (20) Whereas definition of for the framework the provision of information and the holding of consulÜ tations at Community level as established by this Directive is a precondition for a coordinated and effective participation by the European Community in work involving matters relating to the regulatory aspects of information society services in the interÜ national context; (20) Whereas definition of for the framework the provision of information and the holding of consulÜ tations at Community level as established by this Directive is a precondition for a coordinated and effective participation by the European Community in work involving matters relating to the regulatory aspects of information society services in the interÜ national context; (21) Whereas this Directive seeks to amend Directive 83/189/EEC, which for its part (with the exception of Article 43) is based on Articles 100a and 213 of the Treaty; whereas there should be a degree of consistency in the legal basis used for the same Directive; (21) Whereas this Directive seeks to amend Directive 83/189/EEC and should therefore be based on Articles 100a and 213 of the Treaty; HAVE DECIDED AS FOLLOWS: HAVE DECIDED AS FOLLOWS: Article 1 Article 1 Directive 83/189/EEC is amended as follows: Directive 83/189/EEC is amended as follows: 1. The title of the Directive is replaced by the following: 1. The title of the Directive is replaced by the following: "European Parliament and Council Directive laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services. ’ "European Parliament and Council Directive laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services. ’. 2. Article 1 is amended as follows: 2. Article 1 is amended as follows: (a) a new point is added after point 1: (a) a new point is added after point 1: "2. ""service’’: any service provided at a distance, individual by electronic means and on the request of a service receiver;’. "2. ""service’’: any service provided at a distance, individual by electronic means and on the request of a service receiver;’. C 65/18 EN Official Journal of the European Communities 28. 2. 98 INITIAL PROPOSAL AMENDED PROPOSAL (b) points 2 and 3 become points 3 and 4 respectively; (b) points 2 and 3 become points 3 and 4 respectively; (c) a new point 5 is added: (c) a new point 5 is added: "5. ""rule on services’’: a requirement relating to the taking up and pursuit of service activities within the meaning of point 2 of this Article, and in particular provisions concerning the service provider, the services and the service receiver, to the exclusion of any rules that are not specifically aimed at the services defined within this same point;’ "5. ""rule on services’’: a requirement relating to the taking up and pursuit of service activities within the meaning of point 2 of this Article, and in particular provisions concerning the service provider, the services and the service receiver, to the exclusion of any rules that are not specifically aimed at the services defined within this same point;’. (d) points 4 to 10 become points 6 to 12; (d) points 4 to 10 become points 6 to 12; (e) the first paragraph of point 9 (new point 11) is (e) the first paragraph of point 9 (new point 11) is replaced by the following: replaced by the following: "Ø""technical regulation’’: technical specifications and other requirements or a rule on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision, establishment of a service operator or use in a Member State or a major part thereof, as well as laws, regulations or administrative provisions of Member States, except those provided for in Article the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service or establishment as a service provider. prohibiting 10, "Ø""technical regulation’’: technical specifications and other requirements or a rule on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision, establishment of a service operator or use in a Member State or a major part thereof, as well as laws, regulations or administrative provisions of Member States, except those provided for in Article the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service or establishment as a service provider. prohibiting 10, De facto technical regulations include: De facto technical regulations include: - laws, regulations or administrative provisions of a Member State which refer either to technical specifications or other requirements or rules on services, or to professional codes or codes of practice which in turn refer to technical specifications or other requirements or rules on services and compliance with which confers a presumption of conformity with the obligations imposed by the aforemenÜ tioned regulations or administrative provisions, laws, - laws, regulations or administrative provisions of a Member State which refer either to technical specifications or other requirements or rules on services, or to professional codes or codes of practice which in turn refer to technical specifications or other requirements or rules on services and compliance with which confers a presumption of conformity with the obligations imposed by the aforemenÜ tioned regulations or administrative provisions, laws, 28. 2. 98 EN Official Journal of the European Communities C 65/19 INITIAL PROPOSAL AMENDED PROPOSAL - voluntary agreements in to which a public authority is a contracting party and which provides, for technical specifications or compliance with other services, rules on excluding public procurement tender specifiÜ cations, requirements or interest, general the - voluntary agreements in to which a public authority is a contracting party and which provides, for technical specifications or compliance with other services, rules on excluding public procurement tender specifiÜ cations, requirements or interest, general the fiscal or to the services linked affecting or - technical specifications or other requirements financial which are of measures products encouraging compliance with such technical specifications or other requirements or rules on services; technical specifications or other requirements or rules on services linked to national socialÜ security systems are not included;’ consumption by fiscal or to the services linked affecting or - technical specifications or other requirements financial which are of measures products encouraging compliance with such technical specifications or other requirements or rules on services; technical specifications or other requirements or rules on services linked to national socialÜ security systems are not included;’ consumption by (f) point 10 (new point 12) is replaced by the (f) point 10 (new point 12) is replaced by the following: following: "12. ""draft technical regulation’’: the text of a technical specification or other requirement or of a rule on services, including adminisÜ trative provisions formulated with the aim of enacting it or of ultimately having it enacted as a technical regulation, the text being at a stage of preparation at which substantial amendments can still be made. ’ "12. ""draft technical regulation’’: the text of a technical specification or other requirement or of a rule on services, including adminisÜ trative provisions formulated with the aim of enacting it or of ultimately having it enacted as a technical regulation, the text being at a stage of preparation at which substantial amendments can still be made. ’ 2a The following new subparagraph is added to Article 6(7): "In particular, with regard to rules concerning services, the Committee and national administrations may consult experts from industry and academia, who will be asked, where appropriate, to formulate advice or guidelines for the Standing Committee. ’ 3. The last subparagraph of Article 8(1) is replaced by 3. The last subparagraph of Article 8(1) is replaced by the following: the following: "With respect to the technical specifications or other requirements or rules on services referred to in the third indent of the second paragraph of point 11 of Article 1, the detailed comments or opinions of the Commission or the Member States may concern only the aspect which may hinder trade or the free movement of services and not the fiscal or financial aspect of the measure. ’ "With respect to the technical specifications or other requirements or rules on services referred to in the third indent of the second paragraph of point 11 of Article 1, the detailed comments or opinions of the Commission or the Member States may concern only the aspect which may hinder trade, the free movement of services or the freedom of establishment of a service operator and not the fiscal or financial aspect of the measure. ’ C 65/20 EN Official Journal of the European Communities 28. 2. 98 INITIAL PROPOSAL AMENDED PROPOSAL 4. Article 9 is modified as follows: 4. Article 9 is modified as follows: (a) the first paragraph of point 2 is replaced by the (a) the first paragraph of point 2 is replaced by the following: following: "Member States shall postpone: "Member States shall postpone: - for four months the adoption of a draft technical regulation in the form of a voluntary agreement within the meaning of the second indent of the second paragraph of point 11 of Article 1, - for four months the adoption of a draft technical regulation in the form of a voluntary agreement within the meaning of the second indent of the second paragraph of point 11 of Article 1, - without prejudice to paragraphs 3, 4 and 5, for six months the adoption of any other draft technical regulation, - without prejudice to paragraphs 3, 4 and 5, for six months the adoption of any other draft technical regulation, from the date of receipt by the Commission of the communication referred to in Article 8(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacle to the free movement of goods or services or to the freedom of establishment of operators within the internal market. ’ from the date of receipt by the Commission of the communication referred to in Article 8(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of goods or services or to the freedom of establishment of operators within the internal market. ’ (b) point 7 is replaced with the following text: (b) point 7 is replaced with the following text: safety, is obliged "Paragraphs 1 to 5 shall not apply in those cases where, for urgent reasons, occasioned by serious and unforeseeable circumstances, relating to the the protection of public health or protection of animals or the preservation of plants, and for rules relating to services also for public order, a Member State to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible. The Member State shall give, in the the communication referred reasons which warrant the measures taken. The Commission shall give its views on the communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure. The European Parliament shall be kept informed by the Commission. ’ to in Article 8, the urgency of safety, is obliged "Paragraphs 1 to 5 shall not apply in those cases where, for urgent reasons, occasioned by serious and unforeseeable circumstances, relating to the the protection of public health or protection of animals or the preservation of plants, and for rules relating to services also for public order, a Member State to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible. The Member State shall give, in the the communication referred reasons which warrant the measures taken. The Commission shall give its views on the communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure. The European Parliament shall be kept informed by the Commission. ’ to in Article 8, the urgency of 5. Article 10 is amended as follows: 5. Article 10 is amended as follows: (a) the first and second indents of paragraph 1 are (a) the first and second indents of paragraph 1 are replaced by the following: replaced by the following: "- comply with binding Community acts which result in the adoption of technical specifiÜ cations or rules on services; "- comply with binding Community acts which result in the adoption of technical specifiÜ cations or rules on services; 28. 2. 98 EN Official Journal of the European Communities C 65/21 INITIAL PROPOSAL AMENDED PROPOSAL - fulfil the obligations arising out of interÜ the national agreements which adoption of common technical specifications or rules on services in the Community;’ result in - fulfil the obligations arising out of interÜ the national agreements which adoption of common technical specifications or rules on services in the Community;’ result in (b) the sixth indent of paragraph 1 is replaced by the (b) the sixth indent of paragraph 1 is replaced by the following: following: "- restrict themselves to amending a technical regulation within the meaning of point 11 of Article 1 of this Directive, in accordance with a Commission to removing an obstacle to trade or the free movement of services;’ request, with a view "- restrict themselves to amending a technical regulation within the meaning of point 11 of Article 1 of this Directive, in accordance with to a Commission removing an obstacle free movement of services or the freedom of establishment for service operators;’ request, with a view trade, the to (c) in paragraphs 3 and 4 the reference to Article 1(9) (c) in paragraphs 3 and 4 the reference to Article 1(9) is replaced by: "point 11 of Article 1’; is replaced by: "point 11 of Article 1’; (d) paragraph 4 is amended as follows: (d) paragraph 4 is amended as follows: "4. Article 9 shall not apply to the technical specÜ ifications or other requirements or the rules on services referred to in the third indent of the second paragraph of point 11 of Article 1. ’ "4. Article 9 shall not apply to the technical specÜ ifications or other requirements or the rules on services referred to in the third indent of the second paragraph of point 11 of Article 1. ’ 6. The following second subparagraph is added to Article 11: "The Commission, in its report, should take duly into account societal and cultural aims envisaged for any draft rule on services. ’ social, the Article 2 Article 2 1. Ú Member States shall bring into force the regulations and administrative provisions necessary to comply with latest. They shall this Directive by 31/12/97 at the forthwith inform the Commission thereof. 1. Ú Member States shall bring into force the regulations and administrative provisions necessary to comply with this Directive by 30 June 1998 at the latest. They shall forthwith inform the Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accomÜ panied by such reference at the time of their official publication. When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accomÜ panied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. The procedure for such reference shall be adopted by Member States. 2. Ú Member States the main provisions of national law which they adopt in the field covered by this Directive to the Commission. communicate shall 2. Ú Member States the main provisions of national law which they adopt in the field covered by this Directive to the Commission. communicate shall C 65/22 EN Official Journal of the European Communities 28. 2. 98 INITIAL PROPOSAL AMENDED PROPOSAL Article 2a Before 1 July 2000, the Commission shall review whether it should submit to the European Parliament and the Council proposals for a revision of this Directive, in particular in the light of the technological development of the services referred to in Article 1(2). To this end, the Commission shall take account of any comments communicated to it by Member States. Article 3 Article 3 This Directive is addressed to the Member States. This Directive is addressed to the Member States