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Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Four · European Union

Article 3(3) shall be replaced by the following: ‘3. The Commission may decide that apparatus within certain equipment classes or apparatus of particular types shall be so constructed that: (a) it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the Community; and/or that (b) it does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; and/or that (c) it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; and/or that (d) it supports certain features ensuring avoidance of fraud; and/or that (e) it supports certain features ensuring access to emergency services; and/or that (f) it supports certain features in order to facilitate its use by users with a disability. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15a.’;

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Source: EUR-Lex (Cellar) · retrieved 2026-10-21 · Text as adopted (Official Journal); later amendments are not incorporated in this text.