What changed between the draft committee report and the plenary report

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45b – paragraph 4: 4. The prioritisation of applications for conformity assessment of explosives pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, which have lodged those applications.

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for explosives designated as crisis-relevant goods in respect of which they have been notified.

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45c – paragraph 1: 1. By way of derogation from Article 20, the competent national authority, after carrying out a risk assessment, may authorise, on a duly justified request, the placing on the market within the territory of that Member State, of a specific explosive which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in Article 20 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 2014/28/EU

Added:Article 5 – paragraph 1, Article 45c – paragraph 2 – subparagraph 2: deleted

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45c – 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 explosive may be placed on the market, including at least:

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45c – 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 2014/28/EU

Added:Article 5 – paragraph 1, Article 45c – paragraph 3 – point e a (new): (ea) labelling requirements, including radio frequency identification, indicating that the explosive was authorised under the internal market emergency mode.

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45c – paragraph 4: 4. By way of derogation from Article 45a(3), where appropriate, the national competent authority may also amend the conditions and requirements referred to in paragraph 3 of this Article also after the deactivation or expiry of the internal market Emergency mode.

Added:Directive 2014/28/EU

Article 5 – paragraph 1, Article 45c – paragraph 5: deleted

Directive 2014/28/EU

Change 17

Removed:Article 5 – paragraph 1, Article 45e – 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 5 – paragraph 1, Article 45c – 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 explosives. 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 2014/28/EU

Change 18

Removed:Article 5 – paragraph 1, Article 45e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential 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 in the context of the emergency;

Added:Article 5 – paragraph 1, Article 45c – paragraph 8: 8. The application of Articles 45a to 45g 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 20.

Directive 2014/28/EU

Change 19

Changed:Article 5 – paragraph 1, Article 45e45c – paragraph 2:8 2.a The(new): implementing8a. actsExplosives referredsubject to inderogation under paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 49(3). They shall apply to the explosivesremain placedvalid onfor thesix marketmonths untilafter thedeactivation lastor dayexpiration of the period for which the internal market emergency mode remains applicable in accordance with [the SMEI Regulation].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.Regulation.

Directive 2014/28/EU

Change 20

Changed:Article 5 – paragraph 1, Article 45e45d – paragraph 5:1 5.– Whenintroductory apart: Member State considersStates thatshall atake commonall specificationappropriate referredmeasures to inensure paragraphthat, 1for doesthe notpurposes entirelyof satisfyplacing on the essentialmarket, safetytheir requirementscompetent authorities consider that the explosives which itcomply aimswith tothe coverrelevant andinternational whichstandards areor setany outnational standards in Annexforce II,in itthe shallMember informState theof Commissionmanufacture, thereofensuring withthe asafety detailedlevel explanationrequired andby the Commissionessential shallsafety assessrequirements thatset informationout and,in ifAnnex appropriate,II, maycomplies amendwith thethose implementingessential actsafety establishingrequirements thein commoneither specificationof inthe question.following cases:

Directive 2014/28/EU

Change 21

Added:Article 5 – paragraph 1, Article 45d – 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 Annex II to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45e – paragraph 1 – point -a (new): (-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 2014/28/EU

Added:Article 5 – paragraph 1, Article 45e – paragraph 1 – point a: (a) where a reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive has not 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 2014/28/EU

Added:Article 5 – paragraph 1, Article 45e – 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 safety requirements set out in Annex II already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45e – 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 49(3). They shall apply to the explosives placed on the market until the last day of the period for which the internal market emergency mode remains applicable in accordance with [the IMERA Regulation]. 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 groups established under relevant stakeholders.

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45e – paragraph 4: 4. By way of derogation from Article 45a(3), unless there is sufficient reason to believe that the explosives covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the explosives 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 and after the expiry or deactivation of the internal market emergency mode in accordance with [the IMERA Regulation].

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45a – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential 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 2014/28/EU

Article 5 – paragraph 1, Article 45f: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 22

Added:Directive 2014/28/EU

Added:Article 5 – paragraph 1, Article 45g – 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 explosives, designated as crisis-relevant goods.

Directive 2014/29/EU

Change 23

Changed:Article 6 – paragraph 1, Article 38a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 38b to 38g 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 2014/29/EU

Change 24

Added:Article 6 – paragraph 1, Article 38a – paragraph 3 – subparagraph 1: Member States shall ensure that measures taken to transpose Articles 38b to 38g apply during the internal market emergency mode.

Added:Directive 2014/29/EU

Added:Article 6 – paragraph 1, Article 38a – paragraph 2 – subparagraph 2: deleted

Added:Directive 2014/29/EU

Added:Article 6 – paragraph 1, Article 38a – paragraph 4: deleted

Added:Directive 2014/29/EU

Added:Article 6 – paragraph 1, Article 38 b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of vessels designated as crisis-relevant goods as a matter of priority.

Added:Directive 2014/29/EU

Added:Article 6 – paragraph 1, Article 38b – paragraph 4: 4. The prioritisation of applications for conformity assessment of vessels pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

Added:Directive 2014/29/EU

Added:Article 6 – paragraph 1, Article 38b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for vessels designated as crisis-relevant goods in respect of which they have been notified.