Procedure : 2013/0221(COD)
Document stages in plenary
Document selected : A7-0008/2014

Texts tabled :

A7-0008/2014

Debates :

Votes :

PV 15/04/2014 - 17.12
CRE 15/04/2014 - 17.12
Explanations of votes

Texts adopted :

P7_TA(2014)0390

REPORT     ***I
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7.1.2014
PE 519.690v03-00 A7-0008/2014

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 pressure equipment (recast)

(COM(2013)0471 – C7‑0203/2013 – 2013/0221(COD))

Committee on the Internal Market and Consumer Protection

Rapporteur: Zuzana Roithová

(Recast – Rule 87 of the Rules of Procedure)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS
 ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
 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 pressure equipment (recast)

(COM(2013)0471 – C7‑0203/2013 – 2013/0221(COD))

(Ordinary legislative procedure – recast)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2013)0471),

–   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 (C7‑0203/2013),

–   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 16 October 2013(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 letter of 16 December 2013 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 (A7-0008/2014),

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 3

Text proposed by the Commission

Amendment

(3) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision 93/465/EEC lays down a common framework of general principles and reference provisions intended to apply across the legislation harmonising the conditions for the marketing of products in order to provide a coherent basis for revision or recasts of that legislation. Directive 97/23/EC should therefore be adapted to that Decision.

(3) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision 93/465/EEC15 lays down common principles and reference provisions intended to apply across sectoral legislation in order to provide a coherent basis for revision or recasts of that legislation. Directive 97/23/EC should therefore be adapted to that Decision.

Amendment  2

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) This Directive covers pressure equipment which is new to the Union market when it is placed on the market; that is to say it is either new pressure equipment made by a manufacturer established in the Union or pressure equipment, whether new or second-hand, imported from a third country.

Amendment  3

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission

Amendment

 

(3b) This Directive should apply to all forms of supply, including distance selling.

Amendment  4

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) Economic operators should be responsible for the compliance of pressure equipment with the requirements of this Directive, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of public interests, such as health and safety and the protection of users, and to guarantee fair competition on the Union market.

(15) Economic operators should be responsible for the compliance of pressure equipment with the requirements of this Directive, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of public interests, such as the health and safety of persons, and the protection of domestic animals and of property, and to guarantee fair competition on the Union market.

Amendment  5

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) In order to facilitate the communication between economic operators, national market surveillance authorities and consumers, Member States should encourage economic operators to indicate a website address in addition to the postal address.

(18) In order to facilitate communication between economic operators, market surveillance authorities and consumers, Member States should encourage economic operators to include a website address in addition to the postal address.

Amendment  6

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) It is necessary to ensure that pressure equipment from third countries entering the Union market complies with the requirements of this Directive, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that pressure equipment. Provision should therefore be made for importers to make sure that the pressure equipment they place on the market complies with the requirements of this Directive and that they do not place on the market pressure equipment which does not comply with such requirements or presents a risk. Provision should also be made for importers to make sure that the conformity assessment procedures have been carried out and that marking of pressure equipment and documentation drawn up by manufacturers are available for inspection by the national authorities.

(19) It is necessary to ensure that pressure equipment from third countries entering the Union market complies with the requirements of this Directive, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to that pressure equipment. Provision should therefore be made for importers to make sure that the pressure equipment they place on the market complies with the requirements of this Directive and that they do not place on the market pressure equipment which does not comply with such requirements or presents a risk. Provision should also be made for importers to make sure that the conformity assessment procedures have been carried out and that marking of pressure equipment and documentation drawn up by manufacturers are available for inspection by the competent national authorities.

Amendment  7

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) When placing pressure equipment on the market, every importer should indicate on the pressure equipment his name and the postal address at which he can be contacted. Exceptions should be provided for in cases where the size or nature of the pressure equipment does not allow it. This includes cases where the importer would have to open the packaging to put his name and address on the equipment.

(21) When placing pressure equipment on the market, every importer should indicate on the pressure equipment his name, registered trade name or registered trade mark and the postal address at which he can be contacted. Exceptions should be provided for in cases where the size or nature of the pressure equipment does not allow it. This includes cases where the importer would have to open the packaging to put his name and address on the equipment.

Amendment  8

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25) When keeping the information required under this Directive for the identification of economic operators, economic operators should not be required to update such information in respect of other economic operators who have either supplied them with a pressure equipment or to whom they have supplied a pressure equipment.

(25) When keeping the information required under this Directive for the identification of other economic operators, economic operators should not be required to update such information in respect of other economic operators who have either supplied them with pressure equipment or to whom they have supplied pressure equipment.

Amendment  9

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(29) In view of the nature of the risks involved in the use of pressure equipment and in order to enable economic operators to demonstrate and the competent authorities to ensure that pressure equipment made available on the market conforms to the essential safety requirements, it is necessary to provide for conformity assessment procedures . These procedures should be devised in the light of the level of danger which is inherent in the pressure equipment. Therefore, for each category of pressure equipment there should be an adequate procedure or a choice between different procedures of equivalent stringency. Decision No 768/2008/EC establishes modules for conformity assessment procedures, which include procedures from the least to the most stringent, in proportion to the level of risk involved and the level of safety required. In order to ensure inter-sectoral coherence and to avoid ad-hoc variants, conformity assessment procedures should be chosen from among those modules. The details added to those procedures are justified by the nature of the verification required for pressure equipment.

(29) In view of the nature of the risks involved in the use of pressure equipment and in order to enable economic operators to demonstrate and the competent authorities to ensure that pressure equipment made available on the market complies with the essential safety requirements, it is necessary to provide for conformity assessment procedures. These procedures should be devised in the light of the level of danger which is inherent in the pressure equipment. Therefore, for each category of pressure equipment there should be an adequate procedure or a choice between different procedures of equivalent stringency. Decision No 768/2008/EC establishes modules for conformity assessment procedures, which include procedures from the least to the most stringent, in proportion to the level of risk involved and the level of safety required. In order to ensure inter-sectoral coherence and to avoid ad-hoc variants, conformity assessment procedures should be chosen from among those modules. The details added to those procedures are justified by the nature of the verification required for pressure equipment.

Amendment  10

Proposal for a directive

Recital 33

Text proposed by the Commission

Amendment

(33) To ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity.

(33) To ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

Amendment  11

Proposal for a directive

Recital 33 a (new)

Text proposed by the Commission

Amendment

 

(33a) A check on compliance with the relevant essential safety requirements is necessary in order to provide effective protection for consumers, other users and third parties.

Amendment  12

Proposal for a directive

Recital 54

Text proposed by the Commission

Amendment

(54) It is necessary to provide for transitional arrangements that allow the making available on the market and the putting into service of pressure equipment which complies with Directive 97/23/EC.

(54) It is necessary to provide for reasonable transitional arrangements that allow the making available on the market and putting into service, without the need to comply with further product requirements, of pressure equipment that has already been placed on the market in accordance with Directive 97/23/EC before the date of application of national measures transposing this Directive. Distributors should therefore be able to supply pressure equipment that has been placed on the market, namely stock that is already in the distribution chain, before the date of application of national measures transposing this Directive.

Amendment  13

Proposal for a directive

Recital 55

Text proposed by the Commission

Amendment

(55) Member States should lay down rules on penalties applicable to infringements of the provisions of national law adopted pursuant to this Directive and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

(55) Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and ensure that these rules are enforced. The penalties provided for should be effective, proportionate and dissuasive.

Amendment  14

Proposal for a directive

Recital 57

Text proposed by the Commission

Amendment

(57) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with Directive 97/23/EC. The obligation to transpose the provisions which are unchanged arises under Directive 97/23/EC.

(57) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive.

Amendment  15

Proposal for a directive

Article 2 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

For the purposes of this Directive the following definitions apply :

For the purposes of this Directive the following definitions shall apply:

Amendment  16

Proposal for a directive

Article 2 – paragraph 1 – point 24

Text proposed by the Commission

Amendment

(24) ‘accreditation’ means accreditation as defined in Article 2(10) of Regulation (EC) No 765/2008;

(24) ‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

Amendment  17

Proposal for a directive

Article 2 – paragraph 1 – point 25

Text proposed by the Commission

Amendment

(25) ‘national accreditation body’ means national accreditation body as defined in Article 2(11) of Regulation (EC) No 765/2008;

(25) ‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;

Amendment  18

Proposal for a directive

Article 2 – paragraph 1 – point 28

Text proposed by the Commission

Amendment

(28) ‘recall’ means any measure aimed at achieving the return of pressure equipment that has already been made available to the user;

(28) ‘recall’ means any measure aimed at achieving the return of pressure equipment that has already been made available to the consumers or other users;

Amendment  19

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. This Directive shall not affect Member States' entitlement to lay down such requirements as they may deem necessary to ensure that persons and, in particular, workers are protected during use of the pressure equipment in question provided that this does not mean modifications to such equipment in a way not specified in this Directive.

2. This Directive shall not affect Member States' entitlement to lay down such requirements as they may deem necessary to ensure that persons and, in particular, workers are protected during use of the pressure equipment or assemblies in question provided that this does not mean modifications to such equipment or assemblies in a way not specified in this Directive.

Amendment  20

Proposal for a directive

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States may require, to the extent that it is needed for safe and correct use of pressure equipment, the information referred to in points 3.3 and 3.4 of Annex I to be provided in the official language(s) of the Union which may be determined by the Member State in which the equipment reaches the user.

2. Member States may require, to the extent that it is needed for safe and correct use of pressure equipment, the information referred to in points 3.3 and 3.4 of Annex I to be provided in a language easily understood by consumers, other users and market surveillance authorities.

Amendment  21

Proposal for a directive

Article 6 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. For pressure equipment referred to in Article 4(1) and (2), manufacturers shall draw up the technical documentation referred to in Annex II and carry out the conformity assessment procedure referred to in Article 14 or have it carried out.

2. For pressure equipment referred to in Article 4(1) and (2), manufacturers shall draw up the technical documentation referred to in Annex II and have the relevant conformity assessment procedure referred to in Article 14 carried out.

Amendment  22

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 pressure equipment design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of pressure equipment is declared shall be adequately taken into account.

4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Changes in pressure equipment design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of pressure equipment is declared shall be adequately taken into account.

Amendment  23

Proposal for a directive

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. Manufacturers shall ensure that their pressure equipment bear a type, batch or serial number or other element allowing their identification, or, where the size or nature of the equipment does not allow it, that the required information is provided on the packaging or in a document accompanying the equipment.

5. Manufacturers shall ensure that the pressure equipment which they have placed on the market bear a type, batch or serial number or other element allowing their identification, or, where the size or nature of the equipment does not allow it, that the required information is provided on the packaging or in a document accompanying the equipment.

Amendment  24

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, the postal address, and, if available, the website address at which they can be contacted on the pressure equipment or, where that is not possible, on their packaging or in a document accompanying the equipment. The address must indicate a single point at which the manufacturer can be contacted.

6. Manufacturers shall indicate, on the pressure equipment, their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on their packaging or in a document accompanying the equipment. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by consumers, other users and market surveillance authorities.

Amendment  25

Proposal for a directive

Article 7 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

The obligations laid down in Article 6(1) and the drawing up of technical documentation shall not form part of the authorised representative's mandate.

The obligations laid down in Article 6(1) and the obligation to draw up technical documentation referred to in Article 6(2) shall not form part of the authorised representative's mandate.

Amendment  26

Proposal for a directive

Article 9 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. Before making pressure equipment referred to in Article 4(1) and (2) available on the market distributors shall verify that the pressure equipment bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in accordance with points 3.3 and 3.4 of Annex I, in a language which can be easily understood by consumers and other users in the Member State in which the pressure equipment is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3).

2. Before making pressure equipment referred to in Article 4(1) and (2) available on the market distributors shall verify that the pressure equipment bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in accordance with points 3.3 and 3.4 of Annex I, in a language which can be easily understood by consumers and other users in the Member State in which the pressure equipment is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively.

Amendment  27

Proposal for a directive

Article 9 – paragraph 2 – subparagraph 3

Text proposed by the Commission

Amendment

Before making pressure equipment referred to in Article 4(3) available on the market distributors shall verify that the pressure equipment is accompanied by adequate instructions for use, in a language which can be easily understood by consumers and other users in the Member State in which the pressure equipment is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3).

Before making pressure equipment referred to in Article 4(3) available on the market distributors shall verify that the pressure equipment is accompanied by adequate instructions for use, in a language which can be easily understood by consumers and other users in the Member State in which the pressure equipment is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively.

Amendment  28

Proposal for a directive

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4. Distributors who consider or have reason to believe that pressure equipment which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that equipment into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the pressure equipment presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the equipment available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

4. Distributors who consider or have reason to believe that pressure equipment which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that equipment into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the pressure equipment presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the equipment available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

Amendment  29

Proposal for a directive

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3. Where pressure equipment is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the acts concerned including the publication references.

3. Where pressure equipment is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union acts concerned including their publication references.

Amendment  30

Proposal for a directive

Article 19 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. 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.

Amendment  31

Proposal for a directive

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. A conformity assessment body shall be established under national law and have legal personality.

2. A conformity assessment body shall be established under national law of a Member State and have legal personality.

Amendment  32

Proposal for a directive

Article 24 – paragraph 6 – subparagraph 3

Text proposed by the Commission

Amendment

It shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.

A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.

Amendment  33

Proposal for a directive

Article 24 – paragraph 7 – introductory part

Text proposed by the Commission

Amendment

7. The personnel responsible for carrying out conformity assessment activities shall have the following:

7. The personnel responsible for carrying out conformity assessment tasks shall have the following:

Amendment  34

Proposal for a directive

Article 24 – paragraph 8 – subparagraph 1

Text proposed by the Commission

Amendment

8. The impartiality of the conformity assessment bodies, their top level management and of the assessment personnel shall be guaranteed.

8. The impartiality of the conformity assessment bodies, their top level management and of the personnel responsible for carrying out the conformity assessment tasks shall be guaranteed.

Amendment  35

Proposal for a directive

Article 24 – paragraph 8 – subparagraph 2

Text proposed by the Commission

Amendment

The remuneration of the top level management and assessment personnel of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.

The remuneration of the top level management and personnel responsible for carrying out the conformity assessment tasks of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.

Amendment  36

Proposal for a directive

Article 24 – paragraph 11

Text proposed by the Commission

Amendment

11. Conformity assessment bodies shall participate in, or ensure that their assessment personnel are informed of, the relevant standardisation activities and the activities of the notified body coordination group established under the relevant Union harmonisation legislation and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

11. Conformity assessment bodies shall participate in, or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of, the relevant standardisation activities and the activities of the notified body coordination group established under the relevant Union harmonisation legislation and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

Amendment  37

Proposal for a directive

Article 26 – title

Text proposed by the Commission

Amendment

Presumption of conformity

Presumption of conformity of conformity assessment bodies

Amendment  38

Proposal for a directive

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. That application shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the pressure equipment for which that body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 24 or 25.

2. The application for notification shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the pressure equipment for which that body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 24 or 25.

Amendment  39

Proposal for a directive

Article 30 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. The Commission shall make publicly available the list of the notified bodies under this Directive, including the identification numbers that have been allocated to them and the activities for which they have been notified.

2. The Commission shall make publicly available the list of the bodies notified under this Directive, including the identification numbers that have been assigned to them and the activities for which they have been notified.

Amendment  40

Proposal for a directive

Article 30 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall ensure that that list is kept up to date.

The Commission shall ensure that the list is kept up to date.

Amendment  41

Proposal for a directive

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

2. The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the body concerned.

2. The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the conformity assessment body concerned.

Amendment  42

Proposal for a directive

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3. Where a conformity assessment body finds that essential safety requirements set out in Annex I or corresponding harmonised standards have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective measures and shall not issue a conformity certificate.

3. Where a confirmity assessment body finds that essential safety requirements set out in Annex I or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective measures and shall not issue a conformity certificate.

Amendment  43

Proposal for a directive

Article 36 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) any circumstances affecting the scope of and conditions for notification;

(b) any circumstances affecting the scope of or conditions for notification;

Amendment  44

Proposal for a directive

Article 40 – title

Text proposed by the Commission

Amendment

Amendments of Annexes

Delegated power

Amendment  45

Proposal for a directive

Article 40 – introductory part

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 41 concerning the reclassification of pressure equipment when it has any of the following considerations:

In order to take into account technical developments in pressure equipment technology, the Commission shall be empowered to adopt delegated acts in accordance with Article 41 reclassifying pressure equipment so as to:

Amendment  46

Proposal for a directive

Article 40 – point a

Text proposed by the Commission

Amendment

(a) an item or family of pressure equipment referred to in Article 4(3) should be subject to the requirements of Article 4(1);

(a) make an item or family of pressure equipment referred to in Article 4(3) subject to the requirements of Article 4(1);

Amendment  47

Proposal for a directive

Article 40 – point b

Text proposed by the Commission

Amendment

(b) an assembly or family of assemblies referred to in Article 4(3) should be subject to the requirements of Article 4(2);

(b) make an assembly or family of assemblies referred to in Article 4(3) subject to the requirements of Article 4(2); or

Amendment  48

Proposal for a directive

Article 40 – point c

Text proposed by the Commission

Amendment

(c) an item or family of pressure equipment should be classified, by way of derogation from the requirements of Annex II, in another category.

(c) classify an item or family of pressure equipment, by way of derogation from the requirements of Annex II, in another category.

Amendment  49

Proposal for a directive

Article 44 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. Member States shall adopt and publish by 1 March 2015 at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2(15) to (31), 6, 7, 8, 9, 10, 11, 12, 17, 18, 19(3) to (5), 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 42, 43 and Annexes III and IV. They shall forthwith communicate to the Commission the text of those measures.

1. Member States shall adopt and publish, by 1 March 2015, the laws, regulations and administrative provisions necessary to comply with Article 2(15) to (31), Articles 6 to 12, 17 and 18, Article 19(3), (4) and (5), Articles 20 to 38, 42 and 43 and Annexes III and IV. They shall forthwith communicate the text of those measures to the Commission.

Amendment  50

Proposal for a directive

Annex IV – heading

Text proposed by the Commission

Amendment

EU DECLARATION OF CONFORMITY

EU DECLARATION OF CONFORMITY (No XXXX)1

 

_________________

 

1 It is optional for the manufacturer to assign a number to the declaration of conformity.

Amendment  51

Proposal for a directive

Annex IV – point 1

Text proposed by the Commission

Amendment

1. No … (unique identification of the pressure equipment):

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 (EC) recasting Directive 97/23/EC of the European Parliament (EP) and of the Coucil (CEU) on the approximation of the laws of the Member States (MS) concerning pressure equipment.

The EC presented this recast in June 2013 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 CEU 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 existing Directive 97/23/EC sets out essential safety requirements that pressure equipment and assemblies 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 MSs 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.

This Directive has been separated from the Alignment package presented in November 2011 because, unlike the other 9 Directive, this recast also contains an alignment with another EU legislative act, namely Regulation (EC) No 1272/2008 (CLP Regulation) of the EP and of the CEU of 16 December 2008 on classification, labelling and packaging of substances and mixtures.

The changes made to the provisions of this Directive concern definitions, obligations of economic operators (i.e. declaration of conformity (DoC)), the presumption of conformity provided by harmonised standards, the CE marking, the conformity assessment bodies, market surveillance, the safeguard clause procedure, the classification of pressure equipment, comitology and delegated acts.

The intention of the proposal was restricted to a pure alignment with the horizontal provisions in Decision 768/2008/EC and CLP Regulation as well as the new terminology within the Lisbon Treaty, including new rules on comitology.

Procedure

The alignment to the NLF Decision and the CLP Regulation 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 EP, the Committee responsible for legal affairs will examine the proposal, based on the reports from the Consultative Working Party (legal services of the EP, the CEU and the EC), and decide if it entails substantive changes other than those identified as such in the proposal or those identified by the CWP.

Rapporteur's Position

Your Rapporteur considers this alignment as a continuation of the alignment package and then one new 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 with the NLF will increase the confidence of both producers and consumers, by clarifying obligations for economic operators and provide MSs 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.

Your Rapporteur also welcomes the alignment with the CLP Regulation, which implements within the Union the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) that has been adopted at the international level, within the structure of the United Nations.

Your Rapporteur supports the EC's general intention of a pure alignment and has therefore limited her amendments to the EC proposal to changes reflecting the agreement obtained between the CEU and the EP on the nine other Directives and which had been omitted in the proposal. It concerns:

· The further alignment of the Directive to the NLF and the legal certainty: As agreed in the Alignment package, your Rapporteur considers important to re-insert 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/E and eliminate the possible inconsistencies in the text which could otherwise create legal uncertainty. It is also important to insert the clarification related to 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.

· The cutting down of red tape: Your 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 is necessary regarding some obligations created by the new framework, as recognised in the final agreement on the Alignment package. Therefore, the exception to the rule on 'one single DoC' has been re-inserted. It aims at solving cases where providing a single document creates specific problems due to its complexity or extent. Here it should be possible to provide all relevant DoCs separately. In addition, it should be optional for the manufacturer to assign a number to the DoC.

· The clarification of the legal framework applicable to distance selling and the protection of the CE marking: Your Rapporteur has re-inserted an amendment to make sure that the Directive applies to all types of selling, including distance selling. Finally, your Rapporteur stressed the need for appropriate actions to be taken by the MSs against improper use of CE marking.


ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS

Ref.: D(2013)65093

Malcolm Harbour

Chair of the Committee on the Internal Market and Consumer Protection

ASP 13 E 130

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 pressure equipment (Recast)

                      (COM(2013)0471 – C7-0203/2013 – 2013/0221(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.

Furthermore, pursuant to Rules 86(2) and 86(3), the Committee on Legal Affairs considered that the technical adaptations suggested in the opinion of the abovementioned Working Party were necessary in order to ensure that the proposal complied with the recasting rules.

In conclusion, after discussing it at its meeting of 16 December 2013, the Committee on Legal Affairs, unanimously(1), recommends that the Committee on the Internal Market and Consumer Protection, 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)

The following Members were present: Françoise Castex (Vice-Chair), Christian Engström, Marielle Gallo, Giuseppe Gargani, Klaus-Heiner Lehne (Chair), Bernhard Rapkay, Evelyn Regner (Vice-Chair), Francesco Enrico Speroni, Dimitar Stoyanov, Rebecca Taylor, Alexandra Thein, 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,

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 pressure equipment

COM(2013) 471 final of 28.6.2013 - 2013/0221 (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 October 2013 for the purpose of examining 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 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment 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 draft recast text, the following proposed changes should have been identified with the grey-shaded type generally used for marking substantive changes:

- in recital 31, the replacement of the words “may require” with the words “it should be possible for”;

- in point 4.2(c) of Annex I, the adding of the words "a specific assessment of the" and “material”;

- in Annex III(1), the adding of point 4.1.

3) In Article 1(2)(f), the reference made to "Article 9" should be adapted so as to read as a reference made to "Article 13".

4) in Article 14(7), the two occurrences of the expression "paragraphs 1 and 2" should be adapted so as to read " paragraphs 1 to 6".

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.

However, as far as the text proposed for Article 40 of the draft recast act is concerned, it was discussed whether or not that text should have been entirely identified with 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 that text for identifying the replacement of a wording currently contained in Article 7(1) of Directive 97/23/EC with a new wording, taken from standard wordings agreed between the three institutions, sufficiently describes the substantive amendment proposed for that existing provision.

On the other hand, the Legal Service of the Council considered that the change in procedure cannot be separated from the substantive issues to which that procedure relates and that therefore the entire text of the said provision should have been identified by using that grey-shaded type.

Nevertheless, the three legal services shared the view that the draft text submitted by the Commission for that new provision should be understood as meaning that the Commission had intended to propose only that the reference to the advisory procedure currently contained in Article 7(1) of Directive 97/23/EC be replaced with a delegation to the Commission of the power to adopt acts in accordance with Article 290 TFEU.

Moreover, it was also the common understanding of the three legal services that, as part of the recast exercise, the legislator should evaluate, in accordance with the Treaties, whether the proposed alignment of the existing comitology provision with the new system of delegated acts can be considered acceptable or whether a different solution should be envisaged, such as conferring implementing powers on the Commission or on the Council in accordance with Article 291 TFEU and Regulation (EU) n. 182/2011, or none of those, so leaving the relevant measures for the legislative procedure.

F. DREXLER                        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 pressure equipment (Recast)

References

COM(2013)0471 – C7-0203/2013 – 2013/0221(COD)

Date submitted to Parliament

28.6.2013

 

 

 

Committee responsible

       Date announced in plenary

IMCO

4.7.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

ITRE

4.7.2013

JURI

4.7.2013

 

 

Not delivering opinions

       Date of decision

ITRE

8.7.2013

 

 

 

Rapporteur(s)

       Date appointed

Zuzana Roithová

9.7.2013

 

 

 

Discussed in committee

14.10.2013

 

 

 

Date adopted

17.12.2013

 

 

 

Result of final vote

+:

–:

0:

30

0

0

Members present for the final vote

Pablo Arias Echeverría, Preslav Borissov, Birgit Collin-Langen, Lara Comi, Małgorzata Handzlik, Malcolm Harbour, Philippe Juvin, Toine Manders, Hans-Peter Mayer, Sirpa Pietikäinen, Phil Prendergast, Mitro Repo, Robert Rochefort, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Andreas Schwab, Catherine Stihler, Róża Gräfin von Thun und Hohenstein, Bernadette Vergnaud, Barbara Weiler

Substitute(s) present for the final vote

Jürgen Creutzmann, Ildikó Gáll-Pelcz, Roberta Metsola, Konstantinos Poupakis, Sylvana Rapti, Olle Schmidt, Jutta Steinruck, Marc Tarabella, Kerstin Westphal

Date tabled

7.1.2014

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