Directive 98/48/EC - EUR-Lex

5. 8. 98EN Official Journal of the European Communities L 217/23The Member State concerned shall report to theCommission on the action it proposes to take onsuch detailed opinions. The Commission shallcomment on this reaction.With respect to rules on services, the Member Stateconcerned shall indicate, where appropriate, thereasons why the detailed opinions cannot be takeninto account.3. With the exclusion of draft rules relating toservices, Member States shall postpone the adoptionof a draft technical regulation for twelve monthsfrom the date of receipt by the Commission of thecommunication referred to in Article 8(1) if, withinthree months of that date, the Commissionannounces its intention of proposing or adopting adirective, regulation or decision on the matter inaccordance with Article 189 of the Treaty.’;(b) Paragraph 7 shall be replaced by the following:‘7. Paragraphs 1 to 5 shall not apply in caseswhere:— for urgent reasons, occasioned by serious andunforeseeable circumstances relating to theprotection of public health or safety, the protectionof animals or the preservation of plants,and for rules on services, also for public policy,notably the protection of minors, a MemberState is obliged to prepare technical regulationsin a very short space of time in order to enactand introduce them immediately without anyconsultations being possible or— for urgent reasons occasioned by seriouscircumstances relating to the protection of thesecurity and the integrity of the financialsystem, notably the protection of depositors,investors and insured persons, a Member State isobliged to enact and implement rules on financialservices immediately.In the communication referred to in Article 8, theMember State shall give reasons for the urgency ofthe measures taken. The Commission shall give itsviews on the communication as soon as possible. Itshall take appropriate action in cases whereimproper use is made of this procedure. The EuropeanParliament shall be kept informed by theCommission.’;6. Article 10 shall be amended as follows:(a) the first and second indents of paragraph 1 shall bereplaced by the following:‘— comply with binding Community acts whichresult in the adoption of technical specificationsor rules on services,— fulfil the obligations arising out of internationalagreements which result in the adoption ofcommon technical specifications or rules onservices in the Community;’(b) the sixth indent of paragraph 1 shall be replaced bythe following:‘— restrict themselves to amending a technicalregulation within the meaning of point 11 ofArticle 1, in accordance with a Commissionrequest, with a view to removing an obstacle totrade or, in the case of rules on services, to thefree movement of services or the freedom ofestablishment of service operators.’;(c) paragraphs 3 and 4 shall be replaced by the following:‘3. Paragraphs 3 to 6 of Article 9 shall not applyto the voluntary agreements referred to in thesecond indent of the second subparagraph of point11 of Article 1.4. Article 9 shall not apply to the technicalspecifications or other requirements or the rules onservices referred to in the third indent of thesecond subparagraph of point 11 of Article 1.’;7. Annexes V and VI, which appear in the Annex to thisDirective, shall be added.Article 21. Member States shall bring into force the regulationsand administrative provisions necessary in order tocomply with this Directive by 5 August 1999. They shallforthwith inform the Commission thereof.When Member States adopt these measures, they shallcontain a reference to this Directive or shall be accompaniedby such reference on the occasion of their officialpublication. The methods of making such reference shallbe laid down by Member States.2. Member States shall communicate the main provisionsof national law which they adopt in the fieldcovered by this Directive to the Commission.Article 3Not later than two years from the date referred to in thefirst subparagraph of Article 2(1), the Commission shallsubmit to the European Parliament and the Council anevaluation of the application of Directive 98/34/EC inparticular in the light of technological and market developmentsfor the services referred to in point 2 ofArticle 1. Not later than three years from the date referredto in the first subparagraph of Article 2(1), the Commissionshall, if necessary, make proposals to the EuropeanParliament and to the Council for a revision of the saidDirective.To this end, the Commission shall take into account anyobservations that might be communicated to it byMember States.