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EU Parl Watch

Changes between two versions

What changed between the draft committee report and the plenary report

From · draft committee report· 13 Mar 2023

IMCO-PR-745256

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 · 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

+523 added · −36 removed · 23 changed paragraphs, packaging included.

Part 10 of 13: Paragraphs 541–600

Added:Article 11 – paragraph 1, Article 38e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex II 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;

Added:Directive 2014/34/EU

Added:Article 11 – paragraph 1, Article 38e – 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 health and safety requirements set out in Annex II to this Directive already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Added:Directive 2014/34/EU

Added:Article 11 – paragraph 1, Article 38e – 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 39(3). They shall apply to products 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.

Added:Directive 2014/34/EU

Added:Article 11 – paragraph 1, Article 38e – paragraph 4: 4. By way of derogation from Article 38a(3), unless there is sufficient reason to believe that the products covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the products 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].

Added:Directive 2014/34/EU

Added:Article 11 – paragraph 1, Article 38e – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and safety requirements which it aims to cover and which are set out in Annex II, 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.

Added:Directive 2014/34/EU

Article 11 – paragraph 1, Article 38f: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 62

Added:Directive 2014/34/EU

Added:Article 11 – paragraph 1, Article 38g – paragraph 1: 1. 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 products designated as crisis-relevant goods.’

Directive 2014/35/EU

Change 63

Changed:Article 12 – paragraph 1, Article 22a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 22b to 22c22 and 22d of this Directive l only apply if the Commission has adopted an implementing act pursuant to Article 2314(5) of [the IMERA Regulation] with respect to this Directive.Regulation].

Directive 2014/35/EU

Change 64

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

Added:Article 12 – paragraph 1, Article 22a – paragraph 2 – subparagraph 1: 2. Member States shall ensure that measures taken to transpose Articles 22b and 22d apply exclusively to electrical equipment, which has been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

Directive 2014/35/EU

Change 65

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 in the context of the emergency;

Added: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.

Directive 2014/35/EU

Change 66

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 or the expert group and shall duly consult all relevant stakeholders.

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

Directive 2014/35/EU

Change 67

Added: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;

Added:Directive 2014/35/EU

Added: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;

Added:Directive 2014/35/EU

Added: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.

Added:Directive 2014/35/EU

Added: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.

Added:Directive 2014/35/EU

Added: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].

Added:Directive 2014/35/EU

Added: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.

Added:Directive 2014/35/EU

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

Change 68

Added:Directive 2014/35/EU

Added: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.

Directive 2014/53/EU

Change 69

Changed: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 2314(5) of [the IMERA Regulation] with respect to this Directive.Regulation].

Directive 2014/53/EU

Change 70

Added: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.

Added:Directive 2014/53/EU

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

Added:Directive 2014/53/EU

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

Added:Directive 2014/53/EU

Added: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.

Added:Directive 2014/53/EU

Added: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.

Added:Directive 2014/53/EU

Added: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.

Added:Directive 2014/53/EU

Added: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.

Added:Directive 2014/53/EU

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

Added:Directive 2014/53/EU

Added: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: