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C 102/102 EN Official Journal of the European Communities 3. 4.


(98/C 102/147) WRITTEN QUESTION E-2715/97

by Undine-Uta Bloch von Blottnitz (V) to the Commission
(1 September 1997)

Subject: Treaty infringement procedings − wild birds directive

In its answer to Question E-1963/97 (1) the Commission draws attention to Member States which have not or not
yet fully respected their obligations for implementation of Directive 79/409 (2).

1. Exactly which Member States are involved and what stage have proceedings reached in each case?

2. In which exact areas are there shortcomings in the implementation of the wild birds directive in the
individual Member States, how many special protection areas have already been designated in which locations
and what does the Commission think future developments will be?

3. What practical actions to improve the situation of wild birds in Europe are proposed in the ‘action plans for
globally threatened bird species’ referred to in the Commission answer?

(1) OJ C 45, 10.2.1998, p. 130.

(2) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Bjerregaard on behalf of the Commission

(7 October 1997)

For information on infringement procedures concerning Directive 79/409/EEC on the conservation of wild birds,
the Honourable Member is referred to the fourteenth annual report on monitoring Community law (1996) (1).

There are now more than 1600 special protection areas, covering a surface area greater than 100 000 km2, which
have been classified by the Member States. However, the Commission is of the view that only Denmark and
Belgium have largely fulfilled this obligation under the Directive. The other Member States still need to classify
further areas in order to ensure a coherent network of protected areas for the bird species listed in Annex I of the
Directive as well as for migratory bird species. The Commission continues to monitor progress in this regard and
regularly produces an updated inventory of the special protection areas notified to it by the Member States. The
most recent inventory, published in June 1997 and available to the public, is sent separately to the Honourable
Member and to Parliament’s Secretariat.

The action plans for globally threatened bird species are European framework plans which provide an up to date
scientific assessment of their status, ecology, threats and the current conservation measures for them. They
define objectives and recommend conservation actions for each Member State where these species occur. These
measures differ considerably from one species to another. They relate to actions under policy and legislation,
species and habitat protection, monitoring and research, public awareness and training.

(1) COM(97) 299 final.

(98/C 102/148) WRITTEN QUESTION E-2716/97

by Horst Schnellhardt (PPE) to the Commission
(1 September 1997)

Subject: Approval of low output radio sets pursuant to standard I-ETS 300440

1. Is the Commission aware that the United Kingdom and France have not recognized the European Union
standard I-ETS 300440 for low output radio sets for private radio applications in the ISM frequency band?
3. 4. 98 EN Official Journal of the European Communities C 102/103

2. Is the Commission also aware that for this reason European undertakings in the video and radio technology
sector were refused approval of the new radio systems on the British and French market although these systems
use the ISM frequency band of 2,400 − 2,4835 Ghz for the transmission of video and audio signals, emit a carrier
power of a maximum of 10 mW and thus satisfy the I-ETS standard?

3. Does the Commission share the view that this is in conflict with the principles of the internal market?

Answer given by Mr Bangemann on behalf of the Commission

(13 October 1997)

The Commission is aware of the difficulties which are encountered for the approval of radio equipment to interim
standard I-ETS 300 440 prepared by the European telecommunications standards institute (ETSI). The adoption
of the standard under a more formal status (e.g. European standard) would require its transposition into national
standards and be expected to alleviate the situation described by the Honourable Member. It should be noted that
the information system manager (ISM) frequency band is normally reserved for industrial, scientific and medical
applications. Furthermore, a part of the frequency range seems to be reserved for military applications in France
and for identification and radio tagging in the United Kingdom. Many similar cases brought to the attention of the
Commission have led to the preparation of various measures which are more appropriate to deal with the matter.

The European radio communications committee (ERC) of the Conférence européenne des administrations des
postes et des télécommunications (CEPT) has been entrusted with the task of harmonizing the allocation of radio
frequencies necessary to support the provision of pan-European radiocommunications services as well as the free
movement of radio terminals. Since the implementation of the ERC decisions is left to the national
telecommunications authorities, the performance of the system is being assessed (1) and closely monitored.

A proposal for a new telecommunications terminal directive, with a scope significantly enlarged by comparison
with the previous Directive 91/263/EEC (2), allowing the new instrument to cover radio terminals better, has just
been adopted (3) by the Commission and has been sent to the Council and the Parliament.

Since a significant proportion of low power devices using radio frequencies could be handled in a simple and
efficient way on the basis of Directive 89/336/EEC (4) provided they meet the protection requirements for
electromagnetic compatibility, the Commission has constantly encouraged the wider use of this instrument and
promoted the development of harmonized standards capable of better supporting its intensive application. Within
the context of low power devices, the Commission considers that the national draft regulations which might be
notified under Directive 83/189/EEC (5) for simple devices not exceeding 10 milliwatts and presently requiring
type approval according to 15 different procedures, could be considered as excessive unless compelling reasons
have been presented.

The Commission has observed that rapid technological progress in microelectronics, coupled with the interest of
consumers, have led to a growing use of innovative devices which make use of the radio-frequency spectrum to
open the doors of a car or remotely control various types of equipment. The Commission is of the opinion that a
simplified type of regulation as foreseen in the revision of Directive 91/263/EEC, further progress in the
harmonization of the frequency spectrum and the preparation of harmonized standards, will allow most low
power devices to move freely in the internal market without any difficulty.

(1) Communication from the Commission to the Council and the Parliament on the evaluation of the CEPT/ERC Decision mechanism,
COM(95) 85 final.
() Council Directive of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal
equipment, including the mutual recognition of their conformity. OJ L 128, 23.5.1991.
(3) Proposal for a Parliament and Council Directive on connected telecommunications equipment and the mutual recognition of the conformity
of equipment, COM(97) 257 final.
(4) Council Directive of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility.
OJ L 139, 23.5.1989.
(5) Council Directive of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and
regulations − OJ L 109, 26.4.1983.