23. 5. 89 Official Journal of the European Communities No L 139/19 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (89/336/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, | Having regard to the proposal from the Commission ('), In cooperation with the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas it is necessary to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas Member States are responsible for providing adequate protection for radiocommunications and the devices, apparatus or systems whose performance may be degraded by electromagnetic disturbance produced by electrial and electronic apparatus against the degradation caused by such disturbances; Whereas Member States are also responsible for ensuring that electric energy distribution networks are protected from electromagnetic disturbance with can affect them and, consequently, equipment fed by them; Whereas Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the recognition of type-approval for telecommunications terminal equipment (*) covers in particular the signals emitted by such equipment when it is operating normally and the protection of public telecommunications networks from harm ; whereas it is () OJ No C 322, 2. 12. 1987, p. 4. (3 OJ No C 262, 10. 10. 1988, p. 82 and OJ No C 69, 20. 3. 1989, p. 72. () OJ No C 134, 24. 5. 1988, p. 2. () OJ No L 217, 5. 8. 1986, p. 21. therefore still necessary to provide adequate protection for these networks, including the equipment connected to them, against temporary disturbances caused by signals of an accidental nature that may be emitted by this equipment ; Whereas in some Member States, mandatory provisions define in - particular the permissible electromagnetic disturbance levels that this equipment is liable to cause and its degree of immunity to such signals ; whereas these mandatory provisions do not necessarily lead to different protection levels from one Member State to another but do, by their disparity, hinder trade within the Community ; Whereas the national provisions ensuring such protection must be harmonized in order to guarantee the free movement of electrical and electronic apparatus without lowering existing and justified levels of protection in the Member States ; Whereas Community legisiation as it stands at present provides that, notwithstanding one of the fundamental rules of the Community, namely the free movement of goods, barriers to intra-Community trade resulting from disparities in national laws on the marketing of products have to be accepted in so far as those provisions may be recognized as necessary to satisfy essential requirements; whereas the harmonization of laws in the case in point must therefore be confined to those provisions needed to comply with the protection requirements relating to electromagnetic compatibility ; whereas these requirements must replace the corresponding national provisions ; Whereas this Directive therefore defines only protection requirements relating to electromagnetic compatibility ; whereas, to facilitate proof of conformity with these fequirements, it is important to have harmonized standards at European level concerning electromagnetic compatibility, so that products complying with them may