REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast)
28.11.2012 - (COM(2011)0765 – C7‑0429/2011 – 2011/0351(COD)) - ***I
Committee on the Internal Market and Consumer Protection
Rapporteur: Zuzana Roithová
(Recast – Rule 87 of the Rules of Procedure)
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast)
(COM(2011)0765 – C7‑0429/2011 – 2011/0351(COD))
(Ordinary legislative procedure – recast)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2011)0765),
– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0429/2011),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 28 March 2012[1],
– having regard to the the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[2],
– having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,
– having regard to Rules 87 and 55 of its Rules of Procedure,
– having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0258/2012),
A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;
1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1 Proposal for a directive Recital 22 a (new) | |
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Text proposed by the Commission |
Amendment |
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(22a) All obligations imposed on economic operators by this Directive should also apply in the case of distance selling. |
Amendment 2 Proposal for a directive Recital 30 a (new) | |
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Text proposed by the Commission |
Amendment |
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(30a) When issuing a single EU declaration of conformity could cause specific problems due to the complexity or scope of that single EU declaration, it should be possible to replace that single EU declaration by individual EU declarations of conformity relevant for the particular apparatus. |
Amendment 3 Proposal for a directive Recital 48 | |
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Text proposed by the Commission |
Amendment |
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(48) It is necessary to provide for transitional arrangements that allow making available on the market and putting into service of apparatus that has already been placed on the market in accordance with Directive 200/108/EC. |
(48) It is necessary to provide for transitional arrangements that allow economic operators a reasonable period of time to make available on the market and put into service apparatus that has already been placed on the market in accordance with Directive 2004/108/EC. Economic operators should be able to sell stocks of apparatus that are already in the distribution chain on the date of application of national measures transposing this Directive. |
Amendment 4 Proposal for a directive Article 2 – paragraph 2 – subparagraph 1 – point c a (new) | |
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Text proposed by the Commission |
Amendment |
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(ca) equipment specifically designed solely for the purposes of research and development and only made available on a business-to-business basis; |
Justification | |
Private final consumers do not have access to R&D products. The recent recast of the RoHS and WEEE directives already excludes such equipment from their scope. In order to avoid uncertainty, the scope of product directives should be harmonised. | |
Amendment 5 Proposal for a directive Article 2 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Where, for the equipment referred to in paragraph 1, the essential requirements set out in Annex I are wholly or partly laid down more specifically by other Union directives, this Directive shall not apply, or shall cease to apply, to that equipment in respect of such requirements from the date of implementation of those directives. |
3. Where, for the equipment referred to in paragraph 1, the essential requirements set out in Annex I are wholly or partly laid down more specifically by other Union law, this Directive shall not apply, or shall cease to apply, to that equipment in respect of such requirements from the date of implementation of that Union law. |
Amendment 6 Proposal for a directive Article 3 – paragraph 1 – point 5 | |
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Text proposed by the Commission |
Amendment |
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(5) ‘electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of equipment, including, electromagnetic noise, an unwanted signal or a change in the propagation medium itself; |
(5) ‘electromagnetic disturbance’ means any electromagnetic phenomenon, other than a wanted signal, which may degrade the performance of equipment, including electromagnetic noise or a change in the propagation medium itself; |
Justification | |
The change made goes back to the original definition, where wanted signals are explicitly not defined as disturbance, these being an instance of electromagnetic incompatibility under Article 6 which should not even arise. Electromagnetic disturbance should in future only refer to a natural phenomenon or an unwanted signal, but not to a wanted signal. | |
Amendment 7 Proposal for a directive Article 3 – point 15 | |
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Text proposed by the Commission |
Amendment |
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(15) ‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor; |
(15) ‘economic operator’ means a manufacturer, an authorised representative, an importer or a distributor; |
Amendment 8 Proposal for a directive Article 3 – point 17 | |
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Text proposed by the Commission |
Amendment |
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(17) ‘harmonised standard’ means harmonised standard as defined in Article 2(1)(c) of Regulation (EU) No [../..] [on European Standardisation]; |
(17) ‘harmonised standard’ means standard as defined in Article 2(1)(c) of Regulation (EU) No [../..] [on European Standardisation]; |
Amendment 9 Proposal for a directive Article 4 | |
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Text proposed by the Commission |
Amendment |
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Member States shall take all appropriate measures to ensure that equipment is made available on the market and/or put into service only if it complies with the requirements of this Directive when properly installed, maintained and used for its intended purpose. |
Member States shall take all appropriate measures to ensure that equipment is made available on the market and/or put into service only if it complies with the requirements of this Directive when properly installed, maintained and used for its intended purpose or for a purpose which can be reasonably foreseen. |
Amendment 10 Proposal for a directive Article 7 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. When placing their apparatus on the market and/or putting them into service, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in Annex I. |
1. When placing their apparatus on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in Annex I. |
Amendment 11 Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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2. Manufacturers shall draw up the technical documentation referred to in Annex II and Annex III and carry out the conformity assessment procedure referred to in Article 15 or have it carried out. |
2. Manufacturers shall draw up the technical documentation referred to in Annex II or Annex III and shall carry out the conformity assessment procedure referred to in Article 14 or have it carried out. |
Amendment 12 Proposal for a directive Article 7 – paragraph 6 | |
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Text proposed by the Commission |
Amendment |
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6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the apparatus or, where that is not possible, on its packaging or in a document accompanying the apparatus. The address must indicate a single point at which the manufacturer can be contacted. |
6. Manufacturers shall indicate, on the apparatus, their name, registered trade name or registered trade mark and the postal, or, if available, the website address at which they can be contacted or, where that is not reasonably possible, those details shall be provided on the packaging or in a document accompanying the apparatus. The address must indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and by market surveillance authorities. |
Amendment 13 Proposal for a directive Article 7 – paragraph 7 | |
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Text proposed by the Commission |
Amendment |
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7. Manufacturers shall ensure that the apparatus is accompanied by instructions and other information referred to in Article 18 in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. |
7. Manufacturers shall ensure that the apparatus is accompanied by instructions and other information referred to in Article 18 in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions and safety information as well as any labelling shall be clear, understandable and intelligible. |
Amendment 14 Proposal for a directive Article 7 – paragraph 8 | |
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Text proposed by the Commission |
Amendment |
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8. Manufacturers who consider or have reason to believe that apparatus which they have placed on the market and/or put into service is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that apparatus into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the apparatus presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the apparatus available and/or put it into service to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. |
8. Manufacturers who consider or have reason to believe that apparatus which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that apparatus into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the apparatus presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the apparatus available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. |
Amendment 15 Proposal for a directive Article 7 – paragraph 9 | |
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Text proposed by the Commission |
Amendment |
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9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the apparatus, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by apparatus which they have placed on the market and/or put into service. |
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the apparatus, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by apparatus which they have placed on the market. |
Amendment 16 Proposal for a directive Article 9 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the apparatus or, where that is not possible, on its packaging or in a document accompanying the apparatus. |
3. Importers shall indicate, on the apparatus, their name, registered trade name or registered trade mark and the postal or, if available, the website address at which they can be contacted or, where that is not reasonably possible, on its packaging or in a document accompanying the apparatus. The contact details shall be in a language easily understood by end-users and market surveillance authorities. |
Amendment 17 Proposal for a directive Article 10 – paragraph 2 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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2. Before making apparatus available on the market distributors shall verify that the apparatus bears the CE marking, that it is accompanied by the required documents and by instructions and other information referred to in Article 18 in a language which can be easily understood by consumers and other end-users in the Member State in which the apparatus is to be made available on the market and/or to be put into service, and that the manufacturer and the importer have complied with the requirements set out in Article 7(5) and (6) and Article 9(3). |
2. Before making apparatus available on the market distributors shall verify that the apparatus bears the CE marking, that it is accompanied by the required documents and by instructions and other information referred to in Article 18 in a language which can be easily understood by consumers and other end-users in the Member State in which the apparatus is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 7(5) and (6) and Article 9(3). |
Amendment 18 Proposal for a directive Article 10 – paragraph 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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5a. Member States shall ensure that apparatus which was lawfully placed on the market before [the date set out in the second subparagraph of Article 43(1)] may be made available on the market by distributors without further product requirements. |
Amendment 19 Proposal for a directive Article 12 – paragraph 1 – introductory part | |
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Text proposed by the Commission |
Amendment |
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Economic operators shall, on request, identify the following to the market surveillance authorities: |
Economic operators shall, on request, specify the following to the market surveillance authorities: |
Amendment 20 Proposal for a directive Article 12 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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Economic operators shall be able to present the information referred to in the first paragraph for a period of 10 years after they have been supplied with the apparatus and for a period of 10 years after they have supplied the apparatus. |
Economic operators shall present the information referred to in the first paragraph for a period of 10 years after they have been supplied with the apparatus and for a period of 10 years after they have supplied the apparatus. Economic operators shall not be required to update that information after supply is finalised. |
Amendment 21 Proposal for a directive Article 12 a (new) | |
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Text proposed by the Commission |
Amendment |
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Article 12a |
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Obligations of economic operators concerning the products in stock |
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Member States shall ensure that the obligations of economic operators concerning the products in stock are applied in accordance with Article 42. |
Amendment 22 Proposal for a directive Article 14 – introductory part | |
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Text proposed by the Commission |
Amendment |
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Compliance of apparatus with the essential requirements set out in Annex I shall be demonstrated by means of either of the following procedures: |
At the discretion of the manufacturer, compliance of apparatus with the essential requirements set out in Annex I shall be demonstrated by means of either of the following procedures: |
Amendment 23 Proposal for a directive Article 15 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The EU declaration of conformity shall have the model structure set out in Annex IV to this Directive and it shall be continuously updated. It shall be translated into the language or languages required by the Member State in which market the apparatus is placed or made available. |
2. The EU declaration of conformity shall have the model structure set out in Annex IV to this Directive and it shall be continuously updated. Upon the request of the market surveillance authorities, the economic operator shall provide a copy of the EU declaration of conformity in paper form or by electronic means, and shall ensure that it is translated into the language or languages required by the Member State in which market the apparatus is placed or made available. |
Amendment 24 Proposal for a directive Article 21 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 26. |
1. Member States shall designate a single notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 26. |
Amendment 25 Proposal for a directive Article 37 – paragraph 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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Member States shall, on an annual basis, provide the Commission with details of the activities of their market surveillance authorities and of any plans for and increase of market surveillance, including the allocation of more resources, the increase of efficiency and the building of the necessary capacity for achieving those goals. |
Amendment 26 Proposal for a directive Article 37 – paragraph 1 b (new) | |
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Text proposed by the Commission |
Amendment |
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Member States shall provide adequate funding to their market surveillance authorities in order to ensure that their activities are coherent and effective across the Union. |
Amendment 27 Proposal for a directive Article 38 – paragraph 1 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that an apparatus covered by this Directive presents a risk to aspects of public interest protection covered by this Directive, they shall carry out an evaluation in relation to the apparatus concerned covering all the requirements laid down in this Directive. The relevant economic operators shall cooperate as necessary with the market surveillance authorities. |
1. Where the market surveillance authorities of one Member State have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, or where they have sufficient reason to believe that an apparatus covered by this Directive presents a risk to aspects of public interest protection covered by this Directive, they shall carry out an evaluation in relation to the apparatus concerned covering all the relevant requirements laid down in this Directive. The relevant economic operators shall cooperate as necessary with the market surveillance authorities. |
Amendment 28 Proposal for a directive Article 38 – paragraph 5 – point a | |
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Text proposed by the Commission |
Amendment |
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(a) failure of the apparatus to meet the requirements relating to aspects of public interest protection covered by this Directive; |
(a) failure of the apparatus to meet the requirements relating to aspects of public interest protection covered by this Directive; or |
Amendment 29 Proposal for a directive Article 38 – paragraph 7 | |
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Text proposed by the Commission |
Amendment |
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7. Where, within 2 months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. |
7. Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. |
Amendment 30 Proposal for a directive Article 38 – paragraph 8 | |
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Text proposed by the Commission |
Amendment |
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8. Member States shall ensure that appropriate restrictive measures are taken in respect of the apparatus concerned without delay. |
8. Member States shall ensure that appropriate restrictive measures are taken in respect of the apparatus concerned, such as withdrawal of the apparatus from their market, without delay. |
Amendment 31 Proposal for a directive Article 41 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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Member States shall lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. |
Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of the marking. Member States shall lay down rules on penalties applicable to infringements by economic operators of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules may include criminal penalties for serious infringements. |
Amendment 32 Proposal for a directive Article 41 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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The penalties provided for shall be effective, proportionate and dissuasive. |
The penalties referred to in the first paragraph shall be effective, proportionate to the seriousness of the offence, and dissuasive. |
Amendment 33 Proposal for a directive Article 41 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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Member States shall notify those provisions to the Commission by [the date set out in the second subparagraph of Article 43(1)] at the latest and shall notify it without delay of any subsequent amendment affecting them. |
Member States shall notify those provisions to the Commission by [the date set out in the second subparagraph of Article 43(1)] and shall notify it without delay of any subsequent amendment affecting them. The Commission shall make those provisions publicly available by publishing them on the internet. |
Amendment 34 Proposal for a directive Article 43 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. |
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. The Commission shall make those texts publicly available by publishing them on the internet. |
Amendment 35 Proposal for a directive Annex II – point 2 – paragraph 2 – indent 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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- conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.; |
Justification | |
The technical documentation requirements should be aligned with those laid down in the directive relating to electrical equipment designed for use within certain voltage limits, as electric and electronic products are often covered by the two directives. | |
Amendment 36 Proposal for a directive Annex II – point 2 – paragraph 2 – indent 1 b (new) | |
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Text proposed by the Commission |
Amendment |
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- descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the apparatus; |
Justification | |
The technical documentation requirements should be aligned with those laid down in the directive relating to electrical equipment designed for use within certain voltage limits, as electric and electronic products are often covered by the two directives. | |
Amendment 37 Proposal for a directive Annex III – point 3 – paragraph 2 – point c – point i a (new) | |
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Text proposed by the Commission |
Amendment |
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(ia) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc., |
Justification | |
The technical documentation requirements should be aligned with those laid down in the directive relating to electrical equipment designed for use within certain voltage limits, as electric and electronic products are often covered by the two directives. | |
Amendment 38 Proposal for a directive Annex III – point 3 – paragraph 2 – point c – point i b (new) | |
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Text proposed by the Commission |
Amendment |
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(ib) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the apparatus; |
Justification | |
The technical documentation requirements should be aligned with those laid down in the directive relating to electrical equipment designed for use within certain voltage limits, as electric and electronic products are often covered by the two directives. | |
Amendment 39 Proposal for a directive Annex IV – point 1 | |
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Text proposed by the Commission |
Amendment |
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1. No … (unique identification of the apparatus): |
1. No … (identification of the apparatus): |
Amendment 40 Proposal for a directive Annex IV – point 3 | |
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Text proposed by the Commission |
Amendment |
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3. This declaration of conformity is issued under the sole responsibility of the manufacturer (or installer): |
3. This declaration of conformity is issued under the sole responsibility of the manufacturer: |
EXPLANATORY STATEMENT
Background
This report brings modifications to a proposal of the European Commission recasting Directive 2004/108/EC on the harmonisation of the laws of the Member States relating to electromagnetic compatibility. It has been presented in November 2011 in the framework of the implementation of the New Legislative Framework (NLF) adopted in 2008 as "the goods package" covering the complementary instruments, Decision 768/2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC and Regulation 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93. The present proposal is part of a package, aligning nine product directives to the NLF.
The existing Directive 2004/108/EC sets out essential electromagnetic compatibility requirements that apparatus must comply with in order to be made available on the EU market.
The NLF was adopted to remedy shortcomings in existing Union harmonisation legislation in order to complete the Single Market, with fair competition and safe products. Inconsistent implementation and enforcement in the Member States of the existing Union harmonisation, together with complex regulation, has made it increasingly difficult for both economic operators and authorities to correctly interpret and apply legislation, which lead to unequal market conditions and also unsafe products placed on the market. "The goods package" gives the overall framework to streamline product legislation, in order to make it more uniform and comprehensible for both economic operators and market surveillance authorities. However, the provisions of the NLF Decision are not directly applicable. To ensure that all economic sectors subject to Union harmonisation legislation benefit from the improvements of the NLF, the provisions of the NLF Decision need to be integrated into the existing product legislation.
After the adoption of the legal framework in NLF in 2008 the Commission has started an evaluation process on harmonised European product legislation in order to identify instruments to be revised in order to implement the NLF.
A number of directives have been identified in this evaluation process while they will need revision within the next 3 - 5 years due to revision clauses or for sector specific reasons (need to clarify scope, need to up-date safety requirements, etc.). The vast majority of the existing European product legislation will need revision for these reasons and will be dealt with individually according to the Commission work programme.
The 9 proposals in the package presented in November 2011, including Directive 2004/108/EC are not part of the aforementioned group of product directives, but have been identified as suitable for an alignment with the NLF due to their common structure. The sectors covered by the directives are all very important industrial sectors which are subject to a strong international competition, and the assessments are, that those industries will benefit from the simplification and creation of a level playing field for European companies targeted by the NLF.
The changes made to the provisions of this Directive concern: the definitions, the obligations of economic operators, the presumption of conformity provided by harmonised standards, the Declaration of Conformity (DoC), CE marking, notified bodies, the safeguard clause procedure and the conformity assessment procedures. The intention of the proposal was restricted to a pure alignment with the horizontal provisions in 768/2008/EC and the new terminology within the Lisbon Treaty, including new rules on comitology.
Procedure
The alignment to the NLF Decision requires a number of substantive amendments to the provisions of this Directive. The technique of recasting has been chosen in line with the Interinstitutional Agreement of 28 November 2001.
Pursuant to Rule 87 of the Rules of Procedure of the European Parliament, the committee responsible for legal affairs has examined the proposal, based on the reports from the Consultative Working Party (legal services of the Parliament, the Council and the Commission), and considered that it entails no substantive changes other than those identified as such in the proposal or those indentified by the CWP.
Rapporteur's Position
Your Rapporteur considers this alignment of nine product directives with the NLF, as an important step towards the completion of the EU single market.
The NLF introduces a simplified regulatory environment for products and allows more consistent implementation of technical norms, which will help improving the functioning of the single market, by ensuring equal treatment of non-compliant products and of economic operators, as well as an equal assessment of notified bodies throughout the EU market.
It is your Rapporteur's opinion, that an alignment of the 9 product directives with the NLF will increase the confidence of both producers and consumers, by clarifying obligations for economic operators and provide Member States authorities with more effective tools to carry out market surveillance controls, all leading to a reduction of non-compliant and unsafe products on the market.
The Commission's proposals in the alignment package are based on a broad stakeholder consultation, including several hundreds of SMEs and their experiences with the Goods package, which is much appreciated by the Rapporteur.
Your Rapporteur supports the Commission's general intention of a pure alignment of the 9 product directives with the horizontal measures in Decision 768/2008, but would nevertheless suggest some changes to Directive 2004/108/EC on electromagnetic compatibility for further clarification and sectoral adjustments with the following objectives:
1. Further Align the Directive to the NLF and Ensure Legal Certainty
Your Rapporteur considers important to bring a number of changes to the proposed Directive in order to reach a higher level of consistency with the terms used by the Decision No 768/2008/EC and eliminate the possible inconsistencies in the text which could otherwise create legal uncertainty.
It is also important to clarify the legal situation for products which have been legally placed on the market in compliance with the current Directive before the new Directive applies, but which are still in stock. The non-retroactive nature of EU legislation should be emphasized and it should be clarified that these products can still be made available on the market after the date of application of the new Directive.
In addition, your Rapporteur considers that the Commission should have the obligation to publish on the Internet the national provisions of transposed Directive and relevant sanctions (principle of transparency).
2. Enhance Consumer Protection
The NLF contributes to increase consumer confidence in the single market. Therefore a number of modifications are also linked to your Rapporteur's objective to take full benefit of the NLF provisions related to consumer protection. In that respect, some amendments would allow the new directive to cover a wider scope of situations which fall under the essential safety requirements, when also the use reasonably foreseen should be taken in consideration during the design phase of the product (cf. article 16 on general requirements of Regulation 765/2008). Consumer protection would also be deepened by precising that instructions, safety information and labelling must be clear, understandable and intelligible.
3. Cut Down Red Tape
The NLF should contribute to improving the free movement of goods within the European Union. However, a cumbersome bureaucracy would prevent the free flow of goods. Therefore, your Rapporteur has scrutinised the proposed Directive in order to cut-down red tape wherever possible. Thus, it is proposed in the report to modernise the current procedures by allowing the EU DoC to be supplied not only in paper form, but also through the electronic means and to bring down the red tape for economic operators regarding the identification of preceding economic operators in the supply chain.
As expressed earlier, the Rapporteur supports the simplification and modernisation of procedures provided in the NLF, but wants to underline at the same time that a need for flexibility can be necessary regarding some obligations created by the new framework. For instance, it is proposed to add an exception to the rule on 'one single DoC' for cases where the providing a single document creates specific problems due to its complexity or extent. Here it should be possible to provide all relevant DoCs separately.
Some sectoral changes are also introduced by the Rapporteur on this text. Firstly, it is proposed to delete the reference to 'installers' in the part related to the DoC as only manufacturers are to issue such declaration in the scope of this Directive. Secondly, the Commission's proposal asked for a unique identification of the product instead of the declaration. This proposal is not in line with EN ISO/17050-1 and should therefore be changed.
4. Ensure a Better Market Surveillance for our Products
Even if the Rapporteur is aware of the forthcoming new regulation on market surveillance prepared by the Commission's services, the last set of changes is focusing on ensuring a higher level of market surveillance of products. To this end, your Rapporteur proposes to increase the market surveillance in distance selling through ensuring that all relevant information requirements are also displayed in electronic commerce, to establish an annual information requirement of Member States to the Commission about their market surveillance activities, to call on the Member States to provide the adequate funding to their market surveillance authorities. Finally, the Rapporteur stressed the need for appropriate actions to be taken by the Member States against improper use of CE marking.
ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS
Ref.: D(2012)22886
Mr Malcolm Harbour,
Chair of the Committee on the Internal Market
and Consumer Protection
ASP 13E130
Brussels
Subject: Proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast)
(COM(2011)0765 – C7‑0429/2011 – 2011/0351(COD))
Dear Chairman,
The Committee on Legal Affairs, which I am honoured to chair, has examined the proposal referred to above, pursuant to Rule 87 on Recasting, as introduced into the Parliament's Rules of Procedure.
Paragraph 3 of that Rule reads as follows:
"If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible.
In such a case, over and above the conditions laid down in Rules 156 and 157, amendments shall be admissible within the committee responsible only if they concern those parts of the proposal which contain changes.
However, if in accordance with point 8 of the Interinstitutional Agreement, the committee responsible intends also to submit amendments to the codified parts of the proposal, it shall immediately notify its intention to the Council and to the Commission, and the latter should inform the committee, prior to the vote pursuant to Rule 54, of its position on the amendments and whether or not it intends to withdraw the recast proposal."
Following the opinion of the Legal Service, whose representatives participated in the meetings of the Consultative Working Party examining the recast proposal, and in keeping with the recommendations of the draftsperson, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such in the proposal and that, as regards the codification of the unchanged provisions of the earlier acts with those changes, the proposal contains a straightforward codification of the existing texts, without any change in their substance.
In conclusion, after discussing it at its meeting of 26 April 2012, the Committee on Legal Affairs, by 23 votes in favour and no abstentions[1], recommends that your Committee, as the committee responsible, proceed to examine the above proposal in accordance with Rule 87.
Yours faithfully,
Klaus-Heiner LEHNE
Encl.: Opinion of the Consultative Working Party.
ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
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CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES |
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Brussels, 27 March 2012
OPINION
FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
Proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility
COM(2011)0765 of 21.11.2011 – 2011/0351(COD)
Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 26 January 2012 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.
At that meeting[2], an examination of the proposal for a directive of the European Parliament and of the Council recasting Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC resulted in the Consultative Working Party’s establishing, by common accord, as follows.
1) As far as the explanatory memorandum is concerned, in order to be drafted in full compliance with the relevant requirements laid down by the Inter-institutional Agreement such a document should have specified which provisions of the earlier act remain unchanged in the proposal, as is provided for under point 6(a)(iii) of that agreement.
2) In the recast text, the following should have been identified by using the grey-shaded type generally used for marking substantive changes:
- in Article 13, the proposed deletion of the entire texts of paragraphs 3 and 4 of existing Article 6 of Directive 2004/108/EC;
- in Article 19(1), second subparagraph, the replacement of the existing reference to "Articles 5, 7, 8 and 9" with a reference made to "Articles 6 to 11 and Articles 15 to 18";
- in Article 43(1), first subparagraph, the words "Article 3 first subparagraph points (9) to (25), Article 4, Article 5(1), Articles 7 to 12, Articles 15 to 17, Article 19 (1) first subparagraph, Articles 20 to 42, and Annexes II, III and IV", as well as the entire text of the final sentence which reads as follows: "They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive";
- in Article 43(1), second subparagraph, the words "[day after date mentioned in first subparagraph]".
In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such therein or in the present opinion. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing text, without any change in its substance.
C. PENNERA H. LEGAL L. ROMERO REQUENA
Jurisconsult Jurisconsult Director General
- [1] Raffaele Baldassarre, Sebastian Valentin Bodu, Piotr Borys, Françoise Castex, Sergio Gaetano Cofferati, Christian Engström, Marielle Gallo, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Sajjad Karim, Vytautas Landsbergis, Eva Lichtenberger, Jiří Maštálka, Antonio López-Istúriz White, Bernhard Rapkay, Evelyn Regner, Francesco Enrico Speroni, Dimitar Stoyanov, Rebecca Taylor, Alexandra Thein, Axel Voss, Cecilia Wikström, Tadeusz Zwiefka.
- [2] The Consultative Working Party had at its disposal the English, French and German language versions of the proposal and worked on the basis of the English version, being the master-copy language version of the text under discussion.
PROCEDURE
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Title |
Harmonisation of the laws of the Member States relating to electromagnetic compatibility (Recast) |
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References |
COM(2011)0765 – C7-0429/2011 – 2011/0351(COD) |
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Date submitted to Parliament |
21.11.2011 |
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Committee responsible Date announced in plenary |
IMCO 30.11.2011 |
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Committee(s) asked for opinion(s) Date announced in plenary |
ITRE 30.11.2011 |
JURI 30.11.2011 |
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Not delivering opinions Date of decision |
ITRE 19.12.2011 |
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Rapporteur(s) Date appointed |
Zuzana Roithová 29.11.2011 |
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Discussed in committee |
9.1.2012 |
28.2.2012 |
31.5.2012 |
10.7.2012 |
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Date adopted |
10.7.2012 |
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Result of final vote |
+: –: 0: |
26 0 0 |
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Members present for the final vote |
Adam Bielan, Sergio Gaetano Cofferati, Birgit Collin-Langen, Lara Comi, Anna Maria Corazza Bildt, Cornelis de Jong, Christian Engström, Ismail Ertug, Vicente Miguel Garcés Ramón, Philippe Juvin, Edvard Kožušník, Toine Manders, Sirpa Pietikäinen, Phil Prendergast, Mitro Repo, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Andreas Schwab, Bernadette Vergnaud |
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Substitute(s) present for the final vote |
Raffaele Baldassarre, Ildikó Gáll-Pelcz, Morten Løkkegaard, Emma McClarkin, Konstantinos Poupakis, Marc Tarabella |
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Date tabled |
28.11.2012 |
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