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 making available on the market of simple pressure vessels (recast)

12.9.2012 - (COM(2011)0768 – C7‑0428/2011 – 2011/0350(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 making available on the market of simple pressure vessels (recast)

(COM(2011)0768 – C7‑0428/2011 – 2011/0350(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0768),

–   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 (C7‑0428/2011),

–   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 (A7-0261/2012),

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 10
Text proposed by the Commission	Amendment
(10) When placing a simple pressure vessel on the market, every importer should indicate on the simple pressure vessel his name and the address at which he can be contacted.	(10) When placing a simple pressure vessel on the market, every importer should indicate on the simple pressure vessel his name and the postal, or, if available, the website address at which he can be contacted.
Amendment  2 Proposal for a directive Recital 13 a (new)
Text proposed by the Commission	Amendment
	(13a) All obligations imposed on economic operators by this Directive should also apply in the case of distance selling.
Amendment  3 Proposal for a directive Recital 18 a (new)
Text proposed by the Commission	Amendment
	(18a) 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 vessel.
Amendment  4 Proposal for a directive Recital 34
Text proposed by the Commission	Amendment
(34) It is necessary to provide for transitional arrangements that allow making available on the market and putting into service simple pressure vessels that have already been placed on the market in accordance with Directive 2009/105/EC.	(34) 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 simple pressure vessels that have already been placed on the market in accordance with Directive 2009/105/EC. Economic operators should be able to sell stocks of simple pressure vessels that are already in the distribution chain on the date of application of national measures transposing this Directive.
Amendment  5 Proposal for a directive Article 1 – paragraph 1 – point b
Text proposed by the Commission	Amendment
(b) the parts and components contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys;	(b) the parts and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys;
Amendment  6 Proposal for a directive Article 2 – point 7
Text proposed by the Commission	Amendment
(7) ‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;	(7) ‘economic operator’ means a manufacturer, an authorised representative, an importer or a distributor;
Amendment  7 Proposal for a directive Article 2 – point 9
Text proposed by the Commission	Amendment
(9) ‘harmonised standard’ means harmonised standard as defined in Article 2(1)(c) of Regulation (EU) No [../..] [on European Standardisation];	(9) ‘harmonised standard’ means standard as defined in Article 2(1)(c) of Regulation (EU) No [../..] [on European Standardisation];
Amendment  8 Proposal for a directive Article 2 – point 14
Text proposed by the Commission	Amendment
(14) ‘recall’ means any measure aimed at achieving the return of a vessel that has already been made available to the user;	(14) ‘recall’ means any measure aimed at achieving the return of a vessel that has already been made available to the end-user;
Amendment  9 Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission	Amendment
1. Member States shall take all necessary steps to ensure that the vessels may be made available on the market and put into service only if they do not compromise the safety of persons, domestic animals or property when properly installed and maintained and used for the purposes for which they are intended.	1. Member States shall take all necessary steps to ensure that the vessels may be made available on the market and put into service only if they do not compromise the safety of persons, domestic animals or property when properly installed and maintained and used for the purposes for which they are intended or for purposes that can be reasonably foreseen.
Amendment  10 Proposal for a directive Article 6 – paragraph 2 – subparagraph 1
Text proposed by the Commission	Amendment
2. For vessels of which the product of PS x V exceeds 50 bar.L, manufacturers shall draw up the technical documentation referred to in points 2 and 3 of Annex III and carry out the relevant conformity assessment procedure referred to in Article 13 or have it carried out.	2. For vessels of which the product of PS x V exceeds 50 bar.L, manufacturers shall draw up the technical documentation and carry out the relevant conformity assessment procedure referred to in Article 13 or have it carried out.
Amendment  11 Proposal for a directive Article 6 – paragraph 4 – subparagraph 1
Text proposed by the Commission	Amendment
4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity. Changes in vessels design or characteristics and changes in the harmonised standards by reference to which conformity of a vessel is declared shall be adequately taken into account.	4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity. Changes in vessels design or characteristics and changes in the harmonised standards or in technical specifications by reference to which conformity of a vessel is declared shall be adequately taken into account.
Amendment  12 Proposal for a directive Article 6 – paragraph 4 – subparagraph 2
Text proposed by the Commission	Amendment
When deemed appropriate with regard to the risks presented by a vessel, manufacturers shall to protect the health and safety of users, carry out sample testing of vessels made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming vessels and vessel recalls, and shall keep distributors informed of any such monitoring.	When deemed appropriate with regard to the risks presented by a vessel, manufacturers shall to protect the health and safety of end-users, carry out sample testing of vessels made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming vessels and vessel recalls, and shall keep distributors informed of any such monitoring.
Amendment  13 Proposal for a directive Article 6 – paragraph 6
Text proposed by the Commission	Amendment
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the vessel. The address must indicate a single point at which the manufacturer can be contacted.	6. Manufacturers shall indicate, on the vessel, 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 vessel. The address must indicate a single point at which the manufacturer can be contacted. The contact details shall be in the language easily understood by end-users and market surveillance authorities.
Amendment  14 Proposal for a directive Article 6 – paragraph 7
Text proposed by the Commission	Amendment
7. Manufacturers shall ensure that the vessel of which the product of PS x V exceeds 50 bar.L, is accompanied by the instructions and safety information referred to in point 2 of Annex III, in the official language or languages of the country Member State of destination.	7. Manufacturers shall ensure that the vessel of which the product of PS x V exceeds 50 bar.L, is accompanied by the instructions and safety information referred to in point 2 of Annex III, in a language which can be easily understood by 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  15 Proposal for a directive Article 8 – paragraph 3
Text proposed by the Commission	Amendment
3. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the vessel or, where that is not possible, on its packaging or in a document accompanying the vessel.	3. Importers shall indicate, on the vessel, 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 possible, on its packaging or in a document accompanying the vessel. The contact details shall be in the language easily understood by end-users and market surveillance authorities.
Amendment  16 Proposal for a directive Article 8 – paragraph 4
Text proposed by the Commission	Amendment
4. Importers shall ensure that the vessel of which the product of PS x V exceeds 50 bar.L, is accompanied by the instructions and safety information referred to in point 2 of Annex III, in the official language or languages of the Member State of destination.	4. Importers shall ensure that the vessel of which the product of PS x V exceeds 50 bar.L, is accompanied by the instructions and safety information referred to in point 2 of Annex III, in a language which can be easily understood by users, as determined by the Member State concerned.
Amendment  17 Proposal for a directive Article 9 – paragraph 5 a (new)
Text proposed by the Commission	Amendment
	5a. Member States shall ensure that vessels which were lawfully placed on the market before [the date set out in the second subparagraph of Article 41(1)] may be made available on the market by distributors without further product requirements.
Amendment  18 Proposal for a directive Article 11 – paragraph 1 – introductory part
Text proposed by the Commission	Amendment
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  19 Proposal for a directive Article 11 – paragraph 2
Text proposed by the Commission	Amendment
Economic operators shall be able to present the information referred to in the first subparagraph for a period of 10 years after they have been supplied with the vessel and for a period of 10 years after they have supplied the vessel.	Economic operators shall present the information referred to in the first subparagraph for a period of 10 years after they have been supplied with the vessel and for a period of 10 years after they have supplied the vessel. Economic operators shall not be required to update that information after supply is finalised.
Amendment  20 Proposal for a directive Article 11 a (new)
Text proposed by the Commission	Amendment
	Article 11a
	Obligations of economic operators concerning the products in stock
	Member States shall ensure that the obligations of economic operators concerning the products in stock are applied in accordance with Article 40.
Amendment  21 Proposal for a directive Article 14 – paragraph 2
Text proposed by the Commission	Amendment
2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II of this Directive and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which market the vessel is placed or made available.	2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II of this Directive and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which market the vessel is placed or made available. 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 vessel is placed or made available.
Amendment  22 Proposal for a directive Article 14 – paragraph 4
Text proposed by the Commission	Amendment
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the vessel.	4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the vessel with the requirements laid down in this Directive.
Amendment  23 Proposal for a directive Article 18 – paragraph 1
Text proposed by the Commission	Amendment
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 the provisions of Article 23.	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 the provisions of Article 23.
Amendment  24 Proposal for a directive Article 34 – paragraph 1 a (new)
Text proposed by the Commission	Amendment
	Member States shall provide the Commission annually 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  25 Proposal for a directive Article 34 – paragraph 1 b (new)
Text proposed by the Commission	Amendment
	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  26 Proposal for a directive Article 35 – paragraph 1 – subparagraph 1
Text proposed by the Commission	Amendment
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 a vessel covered by this Directive presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Directive, they shall carry out an evaluation in relation to the vessel 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 a vessel covered by this Directive presents a risk to the health or safety of persons or to other aspects of public interest protection covered by this Directive, they shall carry out an evaluation in relation to the vessel 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  27 Proposal for a directive Article 35 – paragraph 5 – point a
Text proposed by the Commission	Amendment
(a) failure of the vessel to meet requirements relating to the health or safety of persons or to other aspects of public interest protection laid down in this Directive;	(a) failure of the vessel to meet requirements relating to the health or safety of persons or to other aspects of public interest protection laid down in this Directive; or
Amendment  28 Proposal for a directive Article 35 – paragraph 7
Text proposed by the Commission	Amendment
7. Where, within two 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  29 Proposal for a directive Article 35 – paragraph 8
Text proposed by the Commission	Amendment
8. Member States shall ensure that appropriate restrictive measures are taken in respect of the vessel concerned, without delay.	8. Member States shall ensure that appropriate restrictive measures are taken in respect of the vessel concerned, such as withdrawal of the vessel from the market, without delay.
Amendment  30 Proposal for a directive Article 39 – paragraph 1
Text proposed by the Commission	Amendment
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  31 Proposal for a directive Article 39 – paragraph 2
Text proposed by the Commission	Amendment
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  32 Proposal for a directive Article 39 – paragraph 3
Text proposed by the Commission	Amendment
Member States shall notify those provisions to the Commission by [the date set out in the second subparagraph of Article 41(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 41(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  33 Proposal for a directive Article 41 – paragraph 2
Text proposed by the Commission	Amendment
2. Member States shall communicate to the Commission the text 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 text 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  34 Proposal for a directive Annex II – part 2 – point 2.3 – point 2.3.1 – introductory part
Text proposed by the Commission	Amendment
2.3.1. For each individual vessel manufactured one or more tests on one or more specific aspects of the vessel shall be carried out by the manufacturer or on his behalf, in order to verify conformity with the type described in the EU-type examination certificate and with the corresponding requirements of this Directive. The tests shall be carried out under the responsibility of a notified body, chosen by the manufacturer.	2.3.1. For each individual vessel manufactured one or more tests on one or more specific aspects of the vessel shall be carried out by the manufacturer or on his behalf, in order to verify conformity with the type described in the EU-type examination certificate and with the corresponding requirements of this Directive. The tests shall be carried out under the responsibility of an accredited in-house body or of a notified body, chosen by the manufacturer.
Amendment  35 Proposal for a directive Annex II – part 2 – point 2.3 – point 2.3.2 – introductory part
Text proposed by the Commission	Amendment
2.3.2. The notified body shall carry out the appropriate examinations and tests in order to check the conformity of the vessels with the requirements of this Directive by examination and testing of vessels in accordance with the following paragraphs:	2.3.2. The notified body shall carry out the appropriate examinations and tests in order to check the conformity of the vessels with the requirements of this Directive by examination and testing of vessels in accordance with the following points:
Amendment  36 Proposal for a directive Annex II – part 2 – point 2.3 – point 2.3.2 – point h
Text proposed by the Commission	Amendment
(h) The manufacturer shall be able to supply on request the notified body's certificates of conformity referred to in the seventh subparagraph (f).	(h) The manufacturer shall be able to supply on request the notified body's certificates of conformity referred to in point (f).
Amendment  37 Proposal for a directive Annex II – part 3 – point 3.3 – paragraph 1
Text proposed by the Commission	Amendment
A notified body, chosen by the manufacturer, shall carry out vessel checks or have them carried out at appropriate intervals determined by the body, in order to verify the quality of the internal checks on the vessel, taking into account, inter alia, the technological complexity of the vessels and the quantity of production. An adequate sample of the final vessels, taken on site by the notified body before the placing on the market, shall be examined and appropriate tests as identified by the relevant parts of the harmonised standards or equivalent tests, shall be carried out to check the conformity of the vessel with the type described in the EU-type examination certificate and with the relevant requirements of this Directive.	An accredited in-house body or a notified body, chosen by the manufacturer, shall carry out vessel checks or have them carried out at appropriate intervals determined by the body, in order to verify the quality of the internal checks on the vessel, taking into account, inter alia, the technological complexity of the vessels and the quantity of production. An adequate sample of the final vessels, taken on site by the notified body before the placing on the market, shall be examined and appropriate tests as identified by the relevant parts of the harmonised standards or equivalent tests, shall be carried out to check the conformity of the vessel with the type described in the EU-type examination certificate and with the relevant requirements of this Directive.
Amendment  38 Proposal for a directive Annex II – part 3 – point 3.4 – point 3.4.2 – paragraph 2
Text proposed by the Commission	Amendment
A copy of the declaration shall be supplied with each vessel that is placed on the market. However, this requirement may be interpreted as applying to a batch or consignment rather than individual vessels in those cases where a large number of vessels is delivered to a single user.	deleted

• [1]  Not yet published in the Official Journal.
• [2]  OJ C 77, 28.3.2002, p. 1.

EXPLANATORY STATEMENT

Background

This report brings modifications to a proposal of the European Commission recasting Directive 2009/105/EC on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels. 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 2009/105/EC sets out essential safety requirements that simple pressure vessels 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 2009/105/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 2009/105/EC on simple pressure vessels 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 provided by the manufacturers must be clear, understandable and intelligible and importers have to provide information in a language which can be easily understood by users.

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.

Finally, the Rapporteur explains in the draft report that the obligation for manufacturers to indicate their contact details on the product can be also provided on its packaging or in a document accompanying the product where that is technically not feasible or disproportionately costly.

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)22889

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 making available on the market of simple pressure vessels (recast)

                  (COM(2011)0768 – C7‑0428/2011 – 2011/0350(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.

• [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.

ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

	CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES

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 making available on the market of simple pressure vessels

COM(2011)0768 of 21.11.2011 – 2011/0350(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 1 February 2012 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At that meeting[1], an examination of the proposal for a directive of the European Parliament and of the Council recasting Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels 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:

- the proposed deletion of the wording of point (a) of existing Article 13 of Directive 2009/105/EC (which reads "the design and manufacturing schedule");

- in point 3.3(a) of Annex II, the wording "the technical documentation" (marked with adaptation arrows in the recast text);

- in Article 41(1), first subparagraph, the words "Articles 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and Annex II", 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 41(1), second subparagraph, the words "from [day after date set out in first subparagraph]".

3) In the introductory wording of point 2.3.2 of Annex II, the word "paragraphs" should be adapted so as to read "points".

4) In point 2.3.2(h) of Annex II, the words "the seventh subparagraph" should be replaced by the word "point".

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]  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

Title	Harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels (Recast)
References	COM(2011)0768 – C7-0428/2011 – 2011/0350(COD)
Date submitted to Parliament	21.11.2011
Committee responsible        Date announced in plenary	IMCO 30.11.2011
Committee(s) asked for opinion(s)        Date announced in plenary	ITRE 30.11.2011	JURI 30.11.2011
Not delivering opinions        Date of decision	ITRE 19.12.2011
Rapporteur(s)        Date appointed	Zuzana Roithová 29.11.2011
Discussed in committee	9.1.2012	28.2.2012	31.5.2012	10.7.2012
Date adopted	10.7.2012
Result of final vote	+: –: 0:	29 0 0
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, Louis Grech, Philippe Juvin, Edvard Kožušník, Toine Manders, Hans-Peter Mayer, Sirpa Pietikäinen, Phil Prendergast, Mitro Repo, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Andreas Schwab, Bernadette Vergnaud
Substitute(s) present for the final vote	Raffaele Baldassarre, Ildikó Gáll-Pelcz, Morten Løkkegaard, Emma McClarkin, Konstantinos Poupakis, Marek Siwiec, Marc Tarabella
Date tabled	12.9.2012