Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 13 Mar 2023
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
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 11 of 13: Paragraphs 601–660
Added:Directive 2014/53/EU
Added: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;
Added:Directive 2014/53/EU
Added: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.
Added:Directive 2014/53/EU
Article 13 – paragraph 1, Article 43c – paragraph 4: deleted
Directive 2014/53/EU
Change 71
Removed:Article 13 – paragraph 1, Article 43e – 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 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.
Directive 2014/53/EU
Change 72
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 in the context of the emergency;
Added: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.
Directive 2014/53/EU
Change 73
Changed:Article 13 – paragraph 1, Article 43e43c – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in7 accordancea with(new): the7a. examinationRadio procedureequipment referredsubject to inderogation Articleunder 45(3).paragraph They1 shall apply to radio equipmentremain placedvalid onfor thesix marketmonths untilafter thedeactivation lastor dayexpiration of the period for which the internal market emergency remains active.mode. WhenAfter preparingthis theperiod, draftthey implementingshall actonly establishingbe themade commonavailable specification,on the Commission shall take into account themarket viewsafter ofreceiving relevantan bodiesauthorisation orunder the expert groupnormal andauthorisation shallprocedure dulyprovided consultfor allin relevantthis stakeholders.Directive.
Directive 2014/53/EU
Change 74
Added: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.
Added:Directive 2014/53/EU
Added: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;
Added:Directive 2014/53/EU
Added: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;
Added:Directive 2014/53/EU
Added: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.
Added:Directive 2014/53/EU
Added:Article 13 – paragraph 1, Article 43e – 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 45(3). They shall apply to radio 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 2014/53/EU
Added:Article 13 – paragraph 1, Article 43e – paragraph 4: 4. By way of derogation from Article 43a(3), nnless there is sufficient reason to believe that the radio equipment covered by the common specifications referred to in paragraph 1 of this Article presents a risk to the health or safety of persons, the radio 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 2014/53/EU
Added:Article 13 – paragraph 1, Article 43e – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential requirements which it aims to cover and which are set out in Article 3, 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 2014/53/EU
Article 13 – paragraph 1, Article 43f: deleted / (deleted) / (deleted) / (deleted) / (deleted)
Change 75
Added:Directive 2014/53/EU
Added:Article 13 – paragraph 1, Article 43g – 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 radio equipment designated as crisis-relevant goods.
Directive 2014/68/EU
Change 76
Changed:Article 14 – 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 2014/68/EU
Change 77
Added:Article 14 – paragraph 1, Article 43a – paragraph 3 – subparagraph 1: 3. Member States shall ensure that measures taken to transpose Articles 43b to 43g apply during the internal market emergency mode.
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43a – paragraph 1 – subparagraph 2: deleted
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43a – paragraph 4: deleted
Added:Directive 2014/68/EU
Added:Article 14 – 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 pressure equipment and assemblies designated as crisis-relevant goods as a matter of priority.
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43b – paragraph 4: 4. The prioritisation of applications for conformity assessment of pressure equipment and assemblies pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for pressure equipment and assemblies designated as crisis-relevant goods in respect of which they have been notified.
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43c – paragraph 1: 1. By way of derogation from Article 14, 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 or putting into service within the territory of that Member State, of specific pressure equipment or assembly designated as crisis-relevant good and for which the conformity assessment procedures referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43c – paragraph 1 – subparagraph 2: deleted
Added:Directive 2014/68/EU
Added:Article 14 – 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 pressure equipment or assembly may be placed on the market or put into service, including at least:
Added:Directive 2014/68/EU
Added:Article 14 – 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;
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43c – paragraph 3 – point e a: (ea) labelling requirements, including radio frequency identification, indicating that the pressure equipment and assembly was authorised under the internal market emergency mode.
Added:Directive 2014/68/EU
Added:Article 14 – paragraph 1, Article 43c – paragraph 4: 4. By way of derogation from Article 43a(3), where appropriate, the national competent authority may also amend the conditions and requirements referred to in paragraph 3 of this Article, after the deactivation or expiry of the internal market emergency mode.
Added:Directive 2014/68/EU
Article 14 – paragraph 1, Article 43c – paragraph 5: deleted