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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 2 of 13: Paragraphs 61–120

Added:Directive 2000/14/EC

Added:Article 1 – paragraph 1 – point 1, Article 17c – paragraph 4: 4. By way of derogation from Article 17a(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 2000/14/EC

Article 1 – paragraph 1 – point 1, Article 17c – paragraph 5: deleted

Change 6

Added:Directive 2000/14/EC

Added:Article 1 – paragraph 1 – point 1, Article 17c – paragraph 6: 6. 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 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.

Added:Directive 2000/14/EC

Added:Article 1 – paragraph 1 – point 1, Article 17c – paragraph 8: 8. The application of Articles 17a to 17d 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 14.

Added:Directive 2000/14/EC

Added:Article 1 – paragraph 1 – point 1, Article 17c – paragraph 8 a (new): 8a. Equipment subject to derogation under paragraph 1 shall remain valid for six months after the end of 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.

Added:Directive 2000/14/EC

Added:Article 1 – paragraph 1 – point 1, Article 17d – 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 equipment, designated as crisis-relevant goods.

Article 2: deleted

Directive 2010/35/EU

Change 7

Changed:Article 3 – paragraph 1 – pointsubparagraph 1, Article 33a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 33b, 33c and 33d 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 2010/35/EU

Change 8

Removed:Article 3 – paragraph 1 – point 1, Article 33c – paragraph 5: deleted

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33a – paragraph 3: 3. Member States shall ensure that measures taken to transpose Articles 33b, 33c and 33d apply during the internal market emergency mode.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33a – paragraph 4: deleted

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33a – paragraph 5: deleted

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of transportable pressure equipment designated as crisis-relevant goods as a matter of priority.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33b – paragraph 4: 4. The prioritisation of applications for conformity assessment of transportable pressure equipment pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for transportable pressure equipment designated as crisis-relevant goods in respect of which they have been notified.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 1: 1. By way of derogation from Article 12, 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 a specific transportable pressure equipment designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in Article 12 have not been carried out by a notified body but for which the compliance with all the applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive has been demonstrated.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 2 – subparagraph 1: The manufacturer of a transportable pressure equipment subject to the authorisation procedure referred to in paragraph 1 of this Article shall declare on his sole responsibility that the transportable pressure equipment concerned complies with all the applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 2 – subparagraph 2: deleted

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – 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 transportable pressure equipment may be placed on the market or put into service, including at least:

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – 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 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 3 – point e a (new): (ea) labelling requirements, including radio frequency identification, indicating that the transportable pressure equipment was authorised under the internal market emergency mode.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 4: 4. By way of derogation from Article 33a(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 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 5: deleted

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 6: 6. 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 transportable pressure 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.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 8: 8. The application of Articles 33a to 33d 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 12.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33c – paragraph 8 a (new): 8a. Transportable pressure equipment subject to derogation under paragraph 1 shall remain valid for six months after the end of 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 Regulation.

Added:Directive 2010/35/EU

Added:Article 3 – paragraph 1 – subparagraph 1, Article 33d – paragraph 1 – subparagraph 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 transportable pressure equipment designated as crisis-relevant goods.

Directive 2013/29/EU

Change 9

Changed:Article 4 – paragraph 1, Article 42a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 42b to 42g 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 2013/29/EU

Change 10

Added:Article 4 – paragraph 1, Article 42a – paragraph 3: 3. Member States shall ensure that measures taken to transpose Articles 42b to 42g apply during the internal market emergency mode.

Added:Directive 2013/29/EU

Added:Article 4 – paragraph 1, Article 42a – paragraph 4: deleted

Added:Directive 2013/29/EU

Added:Article 4 – paragraph 1, Article 42b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of pyrotechnic articles designated as crisis-relevant goods as a matter of priority.