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EU Parl Watch

Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 25 Jul 2023

A-9-2023-0245

on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency

To · adopted text· 24 Apr 2024

TA-9-2024-0322

Amending certain Directives as regards the establishment of the Single Market Emergency Instrument

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

+10 added · −662 removed · 0 changed paragraphs, packaging included.

Part 10 of 13: Paragraphs 541–600

Removed:Article 12 – paragraph 1, Article 22a – paragraph 3: 3. Member States shall ensure that measures taken to transpose Articles 22b and 22d apply during the internal market emergency mode.

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22a – paragraph 4: deleted

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22b – paragraph 1 – point -a: (-a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation (EU) No 1025/2012 were not adopted;

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22b – paragraph 1 – point a: (a) where no reference to harmonised standards covering the safety objective set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable timeframe during the internal market emergency mode;

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22b – paragraph 1 – point b: (b) where severe disruptions in the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 14 of [the IMERA Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the safety objectives referred to in Article 3 and set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22b – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 23(2). They shall apply to electrical equipment placed on the market until the last day of the period for which the internal market emergency mode remains active. When preparing the draft implementing act establishing the common specification, the Commission shall take into account the views of relevant bodies and shall duly consult all relevant stakeholders.

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22b – paragraph 4: 4. By way of derogation from Article 22a(3), unless there is sufficient reason to believe that the electrical equipment covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the electrical equipment in compliance with those common specifications which has been placed on the market, shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the internal market emergency mode in accordance with [the IMERA Regulation].

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22b – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the safety objectives referred to in Article 3 and set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information. The Commission may amend, where appropriate, the implementing act establishing the common specification in question.

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22c: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Directive 2014/35/EU

Removed:Article 12 – paragraph 1, Article 22d – paragraph 2: 2. The market surveillance authorities of the Member States shall ensure all reasonable efforts are made to provide assistance to other market surveillance authorities during an internal market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for electrical equipment designated as crisis-relevant goods.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 43b to 43g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 14(5) of [the IMERA Regulation].

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43a – paragraph 3 – subparagraph 1: Member States shall ensure that measures taken to transpose Articles 43b to 43g apply during the internal market emergency mode.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43a – paragraph 3 – subparagraph 2: deleted

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43a – paragraph 4: deleted

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of radio equipment designated as crisis-relevant goods as a matter of priority.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43b – paragraph 4: 4. The prioritisation of applications for conformity assessment of radio equipment pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for radio equipment designated as crisis-relevant goods in respect of which they have been notified.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 1: 1. By way of derogation from Article 17, the competent national authority, after carrying out a risk assessment, may authorise, on a duly justified request from an economic operator established in its Member State, the placing on the market within the territory of that Member State, of specific radio equipment which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring mandatory involvement of a notified body, referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential requirements has been demonstrated.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 2 – subparagraph 2: deleted

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 3 – introductory part: 3. Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the radio equipment may be placed on the market, including at least:

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 3 – point c: (c) an end date of validity of the authorisation, which, unless otherwise specified, cannot go beyond the last day of the period for which the internal market emergency mode has been activated;

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 3 – point e a: (ea) labelling requirements, including radio frequency identification, indicating that the radio equipment, was authorised under the internal market emergency mode.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 4: deleted

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 5: 5. The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such radio equipment. The market surveillance authorities shall keep all records related to products authorised under a derogation for a period of 10 years. They shall make those records available to other market surveillance authorities upon request.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 7: 7. The application of Articles 43a to 43g and the use of the authorisation procedure set out in paragraph 1 of this Article shall not affect the application of the relevant conformity assessment procedures laid down in Article 17.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43c – paragraph 7 a (new): 7a. Radio equipment subject to derogation under paragraph 1 shall remain valid for six months after deactivation or expiration of the internal market emergency mode. After this period, they shall only be made available on the market after receiving an authorisation under the normal authorisation procedure provided for in this Directive.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43d – paragraph 1 – introductory part – point b: (b) where severe disruptions in the functioning of the internal market, which were taken into consideration when activating the internal market emergency mode in accordance with Article 14 of [the IMERA Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Article 3 of this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43e – paragraph 1 – point -a: (-a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation (EU) No 1025/2012 were not adopted;

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential requirements set out in Article 3 has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable timeframe during the internal market emergency mode;

Removed:Directive 2014/53/EU

Removed:Article 13 – paragraph 1, Article 43e – paragraph 1 – point b: (b) where severe disruptions in the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 14 of [the IMERA Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Article 3 of this Article and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Removed:Directive 2014/53/EU