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 the making available on the market of pyrotechnic articles (recast)
15.11.2012 - (COM(2011)0764 – C7‑0425/2011 – 2011/0358(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 the making available on the market of pyrotechnic articles (recast)
(COM(2011)0764 – C7‑0425/2011 – 2011/0358(COD))
(Ordinary legislative procedure – recast)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2011)0764),
– 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 (C7‑0425/2011),
– 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 Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[2],
– having regard to the to the letter of 6 November 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 (A7-0375/2012),
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 5 | |
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Text proposed by the Commission |
Amendment |
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(5) The laws, regulations and administrative provisions of Member States, being liable to cause barriers to trade within the Union , need to be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and the protection of consumers and professional end users. |
(5) The laws, regulations and administrative provisions of Member States, being liable to cause barriers to trade within the Union, need to be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and the protection of consumers, including a high level of protection of vulnerable consumers in those cases where the pyrotechnic articles are not intended for professional use, and professional end users. |
Amendment 2 Proposal for a directive Recital 14 a (new) | |
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Text proposed by the Commission |
Amendment |
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(14a) When placing a pyrotechnic article on the market, every importer should indicate on the pyrotechnic article his name and the postal or, if available, the website address at which he can be contacted. Exceptions should be provided for in cases where the size or nature of the pyrotechnic article does not allow it. This includes cases where the importer would have to open the packaging to put his name and address on the pyrotechnic article. |
(See wording of recital 25 of Decision 768/2008/EC) | |
Amendment 3 Proposal for a directive Recital 28 a (new) | |
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Text proposed by the Commission |
Amendment |
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(28a) 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 pyrotechnic article. |
Amendment 4 Proposal for a directive Recital 41 | |
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Text proposed by the Commission |
Amendment |
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(41) The existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to pyrotechnic articles presenting a risk to the health and safety of persons or to other aspects of public interest protection. It should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such pyrotechnic articles |
(41) The existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to pyrotechnic articles presenting a risk to the health and safety of persons, including the safety of children, the elderly and persons with disabilities in those cases where the pyrotechnic articles are not intended for professional use, or to other aspects of public interest protection. It should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such pyrotechnic articles |
Amendment 5 Proposal for a directive Recital 43 a (new) | |
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Text proposed by the Commission |
Amendment |
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(43a) All obligations imposed on economic operators by this Directive should also apply in the case of distance selling. |
Amendment 6 Proposal for a directive Recital 49 a (new) | |
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Text proposed by the Commission |
Amendment |
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(49a) The harmonised standards relevant to this Directive should also fully take into account the United Nations Convention on the Rights of Persons with Disabilities, signed by the European Union on 23 December 2010. |
Amendment 7 Proposal for a directive Article 3 – point 7 | |
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Text proposed by the Commission |
Amendment |
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(7) ‘placing on the market’ means the first making available of a pyrotechnic article on the Union market ; |
(7) 'making available on the market' means the supply of a pyrotechnic article for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; |
Amendment 8 Proposal for a directive Article 3 – point 8 | |
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Text proposed by the Commission |
Amendment |
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(8) ‘making available on the market’ means any supply of a pyrotechnic article for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; |
(8) 'placing on the market' means the first making available of a pyrotechnic article on the Union market; |
Amendment 9 Proposal for a directive Article 3 – point 12 | |
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Text proposed by the Commission |
Amendment |
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(12) ‘economic operators’ means the manufacturer, the importer and the distributor; |
(12) ‘economic operator’ means a manufacturer, an importer or a distributor; |
Amendment 10 Proposal for a directive Article 3 – point 14 | |
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Text proposed by the Commission |
Amendment |
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(14) ‘harmonised standard’ means harmonised standards as defined in Article 2(1)c of Regulation EU No [../..] [on European Standardisation] ; |
(14) ‘harmonised standard’ means standard as defined in Article 2(1)(c) of Regulation (EU) No [../..] [on European Standardisation] ; |
Amendment 11 Proposal for a directive Article 4 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. This Directive shall not preclude measures taken by a Member State to prohibit or restrict the possession, use and/or the sale to the general public of category 2 and 3 fireworks, theatrical pyrotechnic articles and other pyrotechnic articles, which measures are justified on grounds of public order, security or safety, or environmental protection. |
2. This Directive shall not preclude measures taken by a Member State to prohibit or restrict the possession, use and/or the sale to the general public of category 2 and 3 fireworks, theatrical pyrotechnic articles and other pyrotechnic articles, which measures are justified on grounds of public order, health, security or safety, or environmental protection. |
Amendment 12 Proposal for a directive Article 7 – title | |
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Text proposed by the Commission |
Amendment |
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Age limits |
Age limits and other limitations |
Amendment 13 Proposal for a directive Article 7 – paragraph 1 – introductory part | |
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Text proposed by the Commission |
Amendment |
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1. Pyrotechnic articles shall not be made available on the market below the following age limits: |
1. Pyrotechnic articles shall not be made available on the market to end-users below the following age limits: |
Amendment 14 Proposal for a directive Article 7 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Member States may increase the age limits set out in paragraph 1 where justified on grounds of public order, security or safety. Member States may also lower the age limits for persons vocationally trained or undergoing such training. |
2. Member States may increase the age limits set out in paragraph 1 where justified on grounds of public order, health, security or safety. Member States may also lower the age limits for persons vocationally trained or undergoing such training. |
Amendment 15 Proposal for a directive Article 7 – paragraph 3 a (new) | |
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Text proposed by the Commission |
Amendment |
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3a. The pyrotechnic articles of category P1 for vehicles, including airbag and seat belt pre-tensioner systems, shall not be made available to members of the general public except where they have been incorporated into a vehicle or a larger detachable vehicle part. |
Amendment 16 Proposal for a directive Article 8 – 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 carry out the relevant conformity assessment procedure referred to in Article 16. |
2. Manufacturers shall draw up the technical documentation referred to in Annex II and have the relevant conformity assessment procedure referred to in Article 16 carried out. |
Amendment 17 Proposal for a directive Article 9 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Manufacturers shall ensure that pyrotechnic articles other than pyrotechnic articles for vehicles are labelled visibly, legibly and indelibly in the official language(s) of the Member State in which the article is made available to the consumer. |
1. Manufacturers shall ensure that pyrotechnic articles other than pyrotechnic articles for vehicles are labelled visibly, legibly and indelibly in the official language(s) of the Member State in which the article is made available to the consumer. Such labelling as well as any instructions and safety information shall be clear, understandable and intelligible. |
Amendment 18 Proposal for a directive Article 9 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The labelling of pyrotechnic articles shall include as a minimum the name and address of the manufacturer or, where the manufacturer is not established in the Union , the name of the manufacturer and the name and address of the importer, the name and type of the article, the registration number, the minimum age limits set out in Article 7(1) and (2), the relevant category and instructions for use, the year of production for category 3 and 4 fireworks and, where appropriate, a minimum safety distance. The labelling shall include the net explosive content (NEC) . |
2. The labelling of pyrotechnic articles shall include as a minimum the name and address of the manufacturer or, where the manufacturer is not established in the Union , the name of the manufacturer and the name and address of the importer, the name and type of the article, the registration number, in order to ensure the traceability of the pyrotechnic article, the minimum age limits set out in Article 7(1) and (2), the relevant category and instructions for use, the year of production for category 3 and 4 fireworks and, where appropriate, a minimum safety distance. The labelling shall include the net explosive content (NEC) . |
Amendment 19 Proposal for a directive Article 10 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. The labelling of pyrotechnic articles for vehicles shall include the name of the manufacturer the name and type of the article , the registration number and the safety instructions. |
1. The labelling of pyrotechnic articles for vehicles shall include the name of the manufacturer the name and type of the article, the registration number and, where necessary, the safety instructions. |
Amendment 20 Proposal for a directive Article 10 – paragraph 3 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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3. A safety data sheet compiled in accordance with the Annex to Regulation (EC) No 1907/2006 of the European Parliament and of the Council16 shall be supplied to professional users in the language requested by them. |
3. Instructions for safe handling containing the information relevant for professional users in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council16 shall be supplied to professional users in the language requested by them. |
Amendment 21 Proposal for a directive Article 10 – paragraph 3 – subparagraph 2 | |
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Text proposed by the Commission |
Amendment |
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The safety data sheet may be supplied on paper or electronically, provided that the addressee has the necessary means of accessing it. |
The instructions for safe handling may be supplied on paper or electronically, provided that the addressee has the necessary means of accessing it. |
Amendment 22 Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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2. Before placing a pyrotechnic article on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 16 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the pyrotechnic article bears the CE marking and that the manufacturer has complied with the labelling requirements set out in Article 9 or 10. |
2. Before placing a pyrotechnic article on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 16 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the pyrotechnic article bears the CE marking and is accompanied by the required documents, and that the manufacturer has complied with the labelling requirements set out in Article 9 or 10. |
Amendment 23 Proposal for a directive Article 11 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Importers shall indicate their name and the address at which they can be contacted on the pyrotechnic article or, where that is not possible, on its packaging or in a document accompanying the pyrotechnic article. |
3. Where relevant according to Article 9(2), importers shall indicate, on the pyrotechnic article, 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 pyrotechnic article. 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 market surveillance authorities. |
Amendment 24 Proposal for a directive Article 12 – paragraph 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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5a. Member States shall ensure that pyrotechnic articles which were lawfully placed on the market before [the date set out in Article 48(1)] may be made available on the market by distributors without further product requirements. |
Amendment 25 Proposal for a directive Article 14 – 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 26 Proposal for a directive Article 14 – 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 pyrotechnic article and for a period of 10 years after they have supplied the pyrotechnic article. |
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 pyrotechnic article and for a period of 10 years after they have supplied the pyrotechnic article. Economic operators shall not be required to update that information after supply is finalised. |
Amendment 27 Proposal for a directive Article 14 a (new) | |
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Text proposed by the Commission |
Amendment |
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Article 14a |
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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 47. |
Amendment 28 Proposal for a directive Article 17 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. The EU declaration of conformity shall contain the elements specified in the relevant modules set out in Annex II to this Directive, shall have the model structure set out in Annex III to Decision No 768/2008/EC and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which market the pyrotechnic article is placed or made available. |
2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II to this Directive and shall be continuously updated. Upon request by 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 pyrotechnic article is placed or made available. |
Amendment 29 Proposal for a directive Article 17 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the pyrotechnic article. |
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the pyrotechnic article with the requirements laid down in this Directive. |
Amendment 30 Proposal for a directive Article 19 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. The CE marking and, where applicable, the identification number referred to in paragraph 3 may be followed by a pictogram or any other mark indicating a special risk or use. |
4. The CE marking and, where applicable, the identification number referred to in paragraph 3 may be followed by any mark indicating a special risk or use. |
Amendment 31 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 32 Proposal for a directive Article 21 – paragraph 2 a (new) | |
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Text proposed by the Commission |
Amendment |
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2a. A notifying authority shall not delegate or otherwise entrust the assessment, notification or monitoring referred to in paragraph 1 to a body which is not a governmental entity. |
Amendment 33 Proposal for a directive Article 24 – paragraph 4 – subparagraph 1 | |
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Text proposed by the Commission |
Amendment |
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4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of pyrotechnic articles and/or explosive substances which they assess. This shall not preclude the use of pyrotechnic articles and/or explosive substances that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes. |
4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of pyrotechnic articles and/or explosive substances which they assess. The conformity assessment body shall not be the manufacturer of pyrotechnic articles or explosive substances in general. This shall not preclude the use of pyrotechnic articles and/or explosive substances that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes. |
Amendment 34 Proposal for a directive Article 33 | |
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Text proposed by the Commission |
Amendment |
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Member States shall ensure that an appeal procedure against decisions of the notified bodies is available. |
Member States shall ensure that an efficient, quick and impartial appeal procedure against decisions of the notified bodies is available. |
Amendment 35 Proposal for a directive Article 37 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Member States shall inform the Commission annually about their market surveillance activities. |
2. Member States shall provide the Commission annually with details of the activities of their market surveillance authorities and of any plans for and increase in market surveillance, including the allocation of more resources, the increase in efficiency and the building of the necessary capacity for achieving those goals. |
Amendment 36 Proposal for a directive Article 37 – paragraph 2 a (new) | |
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Text proposed by the Commission |
Amendment |
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2a. Member States shall take all appropriate measures to ensure that pyrotechnic articles are placed on the market only where they are properly stored and used for their intended purpose or for a purpose that is reasonably foreseeable and they do not endanger the health and safety of persons. |
Amendment 37 Proposal for a directive Article 37 – paragraph 2 b (new) | |
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Text proposed by the Commission |
Amendment |
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2b. 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 38 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 reasons to believe that a pyrotechnic article 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 pyrotechnic article 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 reasons to believe that a pyrotechnic article 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 pyrotechnic article 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 39 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 pyrotechnic article concerned without delay. |
8. Member States shall ensure that appropriate restrictive measures are taken in respect of the pyrotechnic article concerned, such as withdrawal of the pyrotechnic article from the market, without delay. |
Amendment 40 Proposal for a directive Article 39 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Where the national measure is considered justified and the non-compliance of the pyrotechnic article is attributed to a shortcoming in the harmonised standards referred to in Article 15 of this Directive, the Commission shall apply the procedure provided for in Article 8 of Regulation (EU) No [../..] [on European Standardisation]. |
3. Where the national measure is considered justified and the non-compliance of the pyrotechnic article is attributed to a shortcoming in the harmonised standards referred to in Article 15 of this Directive, the Commission shall apply the procedure provided for in Article 8 of Regulation (EU) No [../..] [on European Standardisation] after having consulted the Committee provided for in Article 45 of this Regulation. |
Amendment 41 Proposal for a directive Article 46 – 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 provisions of national law adopted pursuant to this Directive and shall take all the 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 that marking. Member States shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national law adopted pursuant to this Directive and shall take all the measures necessary to ensure that they are enforced. Such rules may include criminal penalties for serious infringements. |
Amendment 42 Proposal for a directive Article 46 – 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 43 Proposal for a directive Article 46 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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Member States shall notify those provisions to the European Commission by 3 July 2013 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 3 July 2013 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 44 Proposal for a directive Article 47 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. By way of derogation from paragraph 3, national authorisations for pyrotechnic articles for vehicles granted before 4 July 2013 shall continue to be valid until their expiry. |
4. By way of derogation from paragraph 3, national authorisations for pyrotechnic articles for vehicles type-approved before 4 July 2013, including their spare parts, shall continue to be valid until their expiry. |
Amendment 45 Proposal for a directive Article 47 – paragraph 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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5a. By way of derogation from paragraph 5 of this Article, certificates of conformity for pyrotechnic articles, including their spare parts, for vehicles type-approved before 4 July 2013 or issued under Directive 2007/23/EC shall continue to be valid until their expiry. Extensions to certificates remain permitted. |
Amendment 46 Proposal for a directive Article 48 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. Member States shall adopt and publish by 3 July 2013, at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 3(8), 3(12), 3(13), 3(15) to (22), 4(1), 5, 8(2) to (7), 11 to 15, 17 to 28, 30 to 34, 36, 37(1), 38 to 41, 46, 47 and Annexes I and II . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. |
1. Member States shall adopt and publish, up to a maximum of three years after the date of entry into force of this Directive, the laws, regulations and administrative provisions necessary to comply with Articles 3(8), 3(12), 3(13), 3(15) to (22), 4(1), 5, 8(2) to (7), 11 to 15, 17 to 28, 30 to 34, 36, 37(1), 38 to 41, 46, 47 and Annexes I and II . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. |
Amendment 47 Proposal for a directive Article 48 – paragraph 4 | |
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Text proposed by the Commission |
Amendment |
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4. 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. |
4. 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 provisions publicly available by publishing them on the internet. |
Amendment 48 Proposal for a directive Article 48 – paragraph 4 a (new) | |
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Text proposed by the Commission |
Amendment |
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4a. Member States shall apply the provisions of this Directive one day after the date set out in Article 48(1). |
Amendment 49 Proposal for a directive Annex II – module B – point 7 – paragraph 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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Pyrotechnic articles for vehicles are designed for vehicle life cycles and shall be deemed to comply with the requirements of the law applicable at the time of their first making available on the market until the end of their lifetime. |
Amendment 50 Proposal for a directive Annex II – module C2 – point 2 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured products with the type described in the EU type examination certificate and with the requirements of this Directive that apply to them. |
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic articles with the type described in the EU type examination certificate and with the requirements of this Directive that apply to them. |
Amendment 51 Proposal for a directive Annex 2 – module C2 – point 3 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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A notified body, chosen by the manufacturer, shall carry out product checks or have them carried out at random intervals determined by the body, in order to verify the quality of the internal checks on the pyrotechnic article, taking into account, inter alia, the technological complexity of the pyrotechnic articles and the quantity of production. An adequate sample of the final products, 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 and/or technical specifications, or equivalent tests, shall be carried out to check the conformity of the pyrotechnic article with the type described in the EU type examination certificate and with the relevant requirements of this Directive. Where a sample does not conform to the acceptable quality level, the body shall take appropriate measures. |
An accredited in-house body or a notified body, chosen by the manufacturer, shall carry out product checks or have them carried out at random intervals determined by the body, in order to verify the quality of the internal checks on the pyrotechnic article, taking into account, inter alia, the technological complexity of the pyrotechnic articles and the quantity of production. An adequate sample of the final products, 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 and/or technical specifications, or equivalent tests, shall be carried out to check the conformity of the pyrotechnic article with the type described in the EU type examination certificate and with the relevant requirements of this Directive. Where a sample does not conform to the acceptable quality level, the body shall take appropriate measures. |
EXPLANATORY STATEMENT
Background
This report brings modifications to a proposal of the European Commission recasting Directive 2007/23/EC on the placing on the market of pyrotechnic articles. 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 2007/23/EC sets out essential safety requirements that pyrotechnic articles 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 2007/23/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 2007/23/EC on pyrotechnic articles 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. This is especially important in the automotive industry, where pyrotechnic articles are used, developed for and produced in serial production lasting for typically at least 15 years. In this respect it is important to point out that pyrotechnic articles for vehicles once installed in vehicles remain available in the market as new spare parts in case of repair of a vehicle. The safety requirements are already covered by type approval of the particular vehicle.
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. Rapporteur also intends to make the electrical equipment more accessible for persons with disabilities. It is proposed to enhance the safety requirements by ensuring that the concept of the safety also includes the safety of children, elderly and the persons with disabilities in those cases, when the electrical equipment is not intended for professional use.
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 Declaration of Conformity (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 subsequent/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.
Rapporteur also changes some obligations related to pyrotechnic articles for vehicles as they are supplied to professional users only as well as in case of already granted national authorisations and certificates of conformity for the pyrotechnic articles compliant with Directive 2007/23/EC.
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: 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, 8 October 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 the making available on the market of pyrotechnic articles
COM(2011)764 of 21.11.2011 – 2011/0358(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 29 November and 12 December 2011 and on 26 January, 24 May and 5 July 2012 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.
At those meetings[1], an examination of the proposal for a directive of the European Parliament and of the Council recasting Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles 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 48(1), first subparagraph, the words "Articles 3(8), 3(12), 3(13), 3(15) to (22), 4(1), 5, 8(2) to (7), 11 to 15, 17 to 28, 30 to 34, 36, 37(1), 38 to 41, 46, 47 and Annexes I and 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 48(1), second subparagraph, the words "from 4 July 2013".
3) In Article 6, the reference made to "Article 17" should read as a reference to "Article 16".
4) In Annex II, certain changes having been identified only with adaptation markers should have been identified by using the grey-shaded type generally used for marking substantive changes. A revised version of Annex II is being enclosed herewith.
As far as Articles 42 and 44 of the draft recast text are concerned, it was discussed on whether or not the list of points (a), (b) and (c) contained in Article 42 as well as points (a) and (b) in Article 44 should have been identified by using the grey-shaded type generally used for marking substantive changes. On the one hand, the Legal Services of the European Parliament and of the Commission considered that the presentation used in those two articles for identifying the replacements of the initial wordings, respectively, of paragraph 1 and of paragraph 2 of Article 18 of Directive 2007/23/EC with new wordings, taken from standard texts agreed between the three institutions, sufficiently describes the substantive amendments proposed for those provisions. On the other hand, the Legal Service of the Council considered that the change in procedure cannot be separated from the points to which that procedure relates and that the entire text of Articles 42 and 44, including the said points, should therefore have been identified by using that grey-shaded type. Nevertheless, the three legal services shared the view that the draft texts submitted by the Commission for Articles 42 and 44 should be understood as meaning that the Commission had intended to propose only that the reference to the regulatory procedure with scrutiny currently contained in paragraph 1 of Article 18 of Directive 2007/23/EC be replaced with a delegation to the Commission of the power to adopt acts in accordance with Article 290 TFEU and that the reference to the regulatory procedure currently contained in paragraph 2 of the same article be replaced with a conferral of implementing powers on the Commission in accordance with Article 291 TFEU and Regulation (EU) No 182/2011. In that respect, it was also the common understanding of the three legal services that, as part of the recast exercise, the legislator could lay down a delegation of powers in relation to points (a), (b) and (c) of Article 42, or alternatively opt, with regard to one or more of those points, for not delegating its powers to the Commission (therefore rendering the ordinary legislative procedure applicable to the said amendments) or for conferring implementing powers on that institution or on the Council in accordance with Article 291 TFEU and Regulation (EU) No 182/2011. Similarly, as part of the recast exercise, the legislator could lay down a conferral of implementing powers on the Commission, in accordance with Article 291 TFEU and Regulation (EU) No 182/2011, in relation to point (a) and point (b) of Article 44, or alternatively opt, with regard to one of those points or for both, for not conferring implementing powers on the Commission (therefore rendering the ordinary legislative procedure applicable to the said amendments), or for laying down a delegation of powers in accordance with Article 290 TFEU, or for conferring implementing powers on the Council in accordance with Article 291 TFEU.
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
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Title |
Harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (Recast) |
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References |
COM(2011)0764 – C7-0425/2011 – 2011/0358(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 |
6.11.2012 |
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Result of final vote |
+: –: 0: |
35 0 0 |
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Members present for the final vote |
Pablo Arias Echeverría, Adam Bielan, Jorgo Chatzimarkakis, Sergio Gaetano Cofferati, Birgit Collin-Langen, Lara Comi, Anna Maria Corazza Bildt, António Fernando Correia de Campos, Cornelis de Jong, Christian Engström, Vicente Miguel Garcés Ramón, Louis Grech, Małgorzata Handzlik, Malcolm Harbour, Iliana Ivanova, Philippe Juvin, Sandra Kalniete, Edvard Kožušník, Toine Manders, Hans-Peter Mayer, Sirpa Pietikäinen, Phil Prendergast, Mitro Repo, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Andreas Schwab, Catherine Stihler, Róża Gräfin von Thun und Hohenstein, Bernadette Vergnaud |
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Substitute(s) present for the final vote |
Jürgen Creutzmann, Marielle Gallo, María Irigoyen Pérez, Konstantinos Poupakis, Kyriacos Triantaphyllides |
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Date tabled |
15.11.2012 |
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