BETA


2011/0351(COD) Electromagnetic compatibility. Recast. 'Goods package'

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead IMCO ROITHOVÁ Zuzana (icon: PPE PPE) SCHALDEMOSE Christel (icon: S&D S&D), MANDERS Antonius (icon: ALDE ALDE), RÜHLE Heide (icon: Verts/ALE Verts/ALE), FOX Ashley (icon: ECR ECR), SALVINI Matteo (icon: EFD EFD)
Committee Opinion ITRE
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 114-p1

Events

2014/05/20
   EC - Commission response to text adopted in plenary
Documents
2014/03/29
   Final act published in Official Journal
Details

PURPOSE: to align Directive 2004/108/EC on the harmonisation of the laws of the Member States relating to electromagnetic compatibility with the new legislative framework, which established a common framework for the marketing of products (Goods Package).

LEGISLATIVE ACT: Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast).

CONTENT: the Directive is part of a package aiming to recast eight directives in order to adapt them to the EU's new legislative framework on sectoral product harmonisation.

The recast seeks to further harmonise and simplify national laws applicable to:

· explosives for civil uses

· simple pressure vessels

· electromagnetic compatibility

· non-automatic weighing instruments

· measuring instruments

· lifts and safety components for lifts

· equipment for use in potentially explosive atmospheres

· electrical equipment designed for use within certain voltage limits .

The EU's "new legislative framework", which was adopted in 2008, is a general measure of the internal market with the objective of strengthening the effectiveness of the Union’s legislation on product safety and its implementation mechanisms. It aims to strengthen the safety of products available on the market, and ensures a better functioning internal market for instance through equal treatment of economic operators on the market.

It is made up of two complementary texts : regulation 765/2008 outlining the requirements concerning accreditation and surveillance for the marketing of products, and decision 768/2008/EC relating to a common framework for the marketing of products.

The main elements of the new Directive are as follows:

Purpose and scope : this Directive regulates the electromagnetic compatibility of equipment . It aims to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility. It covers products which are new to the Union market when they are placed on the market; that is to say they are either new products made by a manufacturer established in the Union or products, whether new or second-hand, imported from a third country. This Directive should apply to all forms of supply, including distance selling.

This Directive shall not apply to:

· radio equipment and telecommunications terminal equipment since they are already regulated by Directive 1999/5/EC;

· aircraft or equipment intended to be fitted into aircraft, since they are already subject to special Union or international rules governing electromagnetic compatibility.

· custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

Obligations of economic operators and traceability requirements : the Directive clarifies the obligations of manufacturers and introduces obligations for importers and distributors:

· When placing on the market their apparatus, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements set out in Annex I. Apparatus which they have placed on the market must bear a type and serial or batch identification allowing their identification. Where the size or nature of the apparatus does not allow it, the required information shall be placed on the packaging or in a document accompanying the apparatus.

· Before placing apparatus on the market, importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the apparatus bears the CE marking and that it is accompanied by the required documents and by instructions and safety information .

· Manufacturers and importers shall indicate on the apparatus their name, registered trade name or registered trade mark and the postal address at which they can be contacted. 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 end-users and market surveillance authorities. The instructions and safety information should be in a language which can be easily understood by end-users , as determined by the Member State concerned.

Manufacturers who consider or have reason to believe that apparatus which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that apparatus into conformity, to withdraw it or recall it, if appropriate.

EU declaration of conformity : the EU declaration of conformity shall have the model structure set out in Annex IV. 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.

CE marking : the Directive states that the CE marking and the inscriptions shall be affixed visibly, legibly and indelibly to the apparatus or to its data plate. It shall be affixed before the apparatus is placed on the market. As requested by the European Parliament, 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.

Notified bodies : the Directive reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. A conformity assessment body shall be a third-party body independent of the organisation or the apparatus it assesses. 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.

Market surveillance and the safeguard clause procedure : the Directive revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found. Member States should take all appropriate measures to ensure that apparatus may be placed on the market only if, when properly stored and used for their intended purpose, or under conditions of use which can be reasonably foreseen, they do not endanger the health and safety of persons.

Restrictive measures in case of non-compliance : appropriate restrictive measures, such as withdrawal of the apparatus concerned from the market should be taken in respect of the apparatus concerned without delay.

Rules on penalties applicable to infringements by economic operators could include criminal penalties for serious infringements. The penalties provided for should be effective, proportionate and dissuasive.

Transitional provisions/products in stock : distributors should therefore be able to supply apparatus that has been placed on the market, namely stock that is already in the distribution chain, before the 20 April 2016.

ENTRY INTO FORCE: 18/04/2014.

TRANSPOSITION: 19/04/2016. Measures shall apply from 20.04.2016.

2014/02/26
   CSL - Draft final act
Documents
2014/02/26
   CSL - Final act signed
2014/02/26
   EP - End of procedure in Parliament
2014/02/20
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2014/02/20
   CSL - Council Meeting
2014/02/05
   EP - Results of vote in Parliament
2014/02/05
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 643 votes to 12, with 10 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast).

Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement reached between the European Parliament and the Council. They amended the proposal as follows:

Further align the Directive to the “new legislative framework” and ensure legal certainty : the amendments made by the Parliament seek to ensure that the proposed Directive is more consistent with the terms used by Decision No 768/2008/EC and to eliminate any inconsistencies in the text which could otherwise create legal uncertainty.

Purpose and scope : it is stated that this Directive covers products which are new to the Union market when they are placed on the market; that is to say they are either new products made by a manufacturer established in the Union or products, whether new or second-hand, imported from a third country.

This Directive should apply to all forms of supply, including distance selling .

On the other hand, it should not apply to custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

Obligations of importers : manufacturers and importers should indicate, on the apparatus, 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 its packaging or in a document accompanying the apparatus. 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 end-users and market surveillance authorities.

In order to facilitate communication between economic operators, market surveillance authorities and end-users, Member States should encourage economic operators to include a website address in addition to the postal address.

Instructions and information, as well as any labelling, shall be clear, understandable and intelligible .

EU declaration of conformity : the EU declaration of conformity should contain the elements specified in the relevant modules set out in Annexes II and III and should be continuously updated.

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.

CE marking : Parliament called on the Member States to 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.

Information concerning the use of apparatus : apparatus should be accompanied by information on any specific precautions that must be taken when the apparatus is assembled, installed, maintained or used, in order to ensure that, when put into service, the apparatus is in conformity with the essential requirements set out in the Directive.

For fixed installations , the good engineering practices referred to in Annex I shall be documented and the documentation shall be held by the person or persons responsible at the disposal of the relevant national authorities for inspection for as long as the fixed installation is in operation.

Notified bodies : 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. 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.

Penalties : rules on penalties applicable to infringements by economic operators may include criminal penalties for serious infringements. These penalties should be effective, proportionate and dissuasive.

Stock : distributors should be able to supply apparatus 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.

Implementing measures : in order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011, determine whether measures taken by Member States in respect of non-compliant apparatus are justified or not.

The Commission should be assisted by the Committee on Electromagnetic Compatibility.

When matters relating to this Directive, other than its implementation or infringements, are being examined, i.e. in a Commission expert group, the European Parliament should receive full information and documentation and, where appropriate, an invitation to attend such meetings.

Documents
2014/02/04
   EP - Debate in Parliament
2012/11/28
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2012/11/27
   EP - Committee report tabled for plenary, 1st reading
Documents
2012/07/10
   EP - Vote in committee, 1st reading
2012/06/07
   EP - Amendments tabled in committee
Documents
2012/05/14
   EP - Committee draft report
Documents
2012/02/19
   IT_SENATE - Contribution
Documents
2012/01/15
   PT_PARLIAMENT - Contribution
Documents
2011/11/30
   EP - Committee referral announced in Parliament, 1st reading
2011/11/29
   EP - ROITHOVÁ Zuzana (PPE) appointed as rapporteur in IMCO
2011/11/21
   EC - Legislative proposal published
Details

PURPOSE: to align Directive 2004/108/EC on the harmonisation of the laws of the Member States relating to electromagnetic compatibility with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package).

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: experience with the implementation of Union harmonisation legislation has shown – on a cross-sector scale – certain weaknesses and inconsistencies in the implementation and enforcement of this legislation , leading to:

the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking; competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules; unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices; differing practices in the designation of conformity assessment bodies by national authorities; problems with the quality of certain notified bodies.

To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the “ New Legislative Framework ” was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products .

This proposal on the harmonisation of the laws of the Member States relating to electromagnetic compatibility is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products.

IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options:

Option 1 – No changes to the current situation; Option 2 – Alignment to the NLF Decision by non-legislative measures; Option 3 – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives.

Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option.

LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 2004/108/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 2004/108/EC and the essential requirements.

The main elements of the proposal are as follows:

Horizontal definitions : the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation. Obligations of economic operators and traceability requirements : the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions. Harmonised standards : compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011 the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2004/108/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements. Conformity assessment and CE marking : Directive 2004/108/EC on the placing on the market of pyrotechnic articles has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision. Notified Bodies : the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. Market surveillance and the safeguard clause procedure : the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found.

BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget.

Documents

Votes

A7-0258/2012 - Zuzana Roithová - Résolution législative #

2014/02/05 Outcome: +: 653, -: 12, 0: 10
DE FR IT ES GB PL RO BE NL CZ PT SE HU BG AT EL DK SK IE FI HR LT LV LU EE SI CY MT
Total
93
65
56
52
65
43
30
21
24
20
20
18
18
17
19
16
13
12
11
11
10
8
8
6
6
5
4
4
icon: PPE PPE
241

Czechia PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1

Malta PPE

For (1)

1
icon: S&D S&D
172

Netherlands S&D

3

Ireland S&D

2

Finland S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Slovenia S&D

For (1)

1

Cyprus S&D

1
icon: ALDE ALDE
76

Austria ALDE

1

Greece ALDE

1
3

Lithuania ALDE

1

Latvia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Slovenia ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
53

United Kingdom Verts/ALE

3

Netherlands Verts/ALE

3

Portugal Verts/ALE

For (1)

1

Austria Verts/ALE

2

Greece Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: ECR ECR
51

Italy ECR

1

Belgium ECR

For (1)

1

Netherlands ECR

For (1)

1

Hungary ECR

For (1)

1

Denmark ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1
icon: GUE/NGL GUE/NGL
31

Spain GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

2

Greece GUE/NGL

3

Denmark GUE/NGL

For (1)

1

Latvia GUE/NGL

For (1)

1
icon: EFD EFD
27

France EFD

Abstain (1)

1

Poland EFD

Abstain (1)

3

Belgium EFD

For (1)

1

Netherlands EFD

For (1)

1

Bulgaria EFD

For (1)

1

Greece EFD

2

Denmark EFD

1

Slovakia EFD

For (1)

1

Finland EFD

For (1)

1

Lithuania EFD

2
icon: NI NI
24

Italy NI

2

Spain NI

1

Romania NI

2

Belgium NI

Abstain (1)

1

Netherlands NI

3

Hungary NI

2

Bulgaria NI

1

Ireland NI

For (1)

1
AmendmentsDossier
23 2011/0351(COD)
2012/06/07 IMCO 23 amendments...
source: PE-491.172

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(these mark the time of scraping, not the official date of the change)

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    • date: 2011-11-30T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: SCHALDEMOSE Christel group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: FOX Ashley group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2011-11-29T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PPE name: ROITHOVÁ Zuzana body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI
    • date: 2012-07-10T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: S&D name: SCHALDEMOSE Christel group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: FOX Ashley group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2011-11-29T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PPE name: ROITHOVÁ Zuzana body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI
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    • date: 2014-02-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140204&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2014-02-05T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21918&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0087 type: Decision by Parliament, 1st reading/single reading title: T7-0087/2014 body: EP type: Results of vote in Parliament
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    • date: 2012-05-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE488.059 title: PE488.059 type: Committee draft report body: EP
    • date: 2012-06-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.172 title: PE491.172 type: Amendments tabled in committee body: EP
    • date: 2014-02-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F14&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00049/2013/LEX type: Draft final act body: CSL
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    • date: 2012-02-20T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0765 title: COM(2011)0765 type: Contribution body: IT_SENATE
    • date: 2012-01-16T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0765 title: COM(2011)0765 type: Contribution body: PT_PARLIAMENT
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    • date: 2011-11-21T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0765/COM_COM(2011)0765_EN.pdf title: COM(2011)0765 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=765 title: EUR-Lex summary: PURPOSE: to align Directive 2004/108/EC on the harmonisation of the laws of the Member States relating to electromagnetic compatibility with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: experience with the implementation of Union harmonisation legislation has shown – on a cross-sector scale – certain weaknesses and inconsistencies in the implementation and enforcement of this legislation , leading to: the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking; competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules; unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices; differing practices in the designation of conformity assessment bodies by national authorities; problems with the quality of certain notified bodies. To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the “ New Legislative Framework ” was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products . This proposal on the harmonisation of the laws of the Member States relating to electromagnetic compatibility is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products. IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options: Option 1 – No changes to the current situation; Option 2 – Alignment to the NLF Decision by non-legislative measures; Option 3 – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives. Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 2004/108/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 2004/108/EC and the essential requirements. The main elements of the proposal are as follows: Horizontal definitions : the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation. Obligations of economic operators and traceability requirements : the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions. Harmonised standards : compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011 the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2004/108/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements. Conformity assessment and CE marking : Directive 2004/108/EC on the placing on the market of pyrotechnic articles has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision. Notified Bodies : the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. Market surveillance and the safeguard clause procedure : the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found. BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget.
    • date: 2011-11-30T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
    • date: 2012-07-10T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
    • date: 2012-11-28T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-258&language=EN title: A7-0258/2012 summary: The Committee on the Internal Market and Consumer Protection adopted the report by Zuzana ROITHOVÁ (EPP, CZ) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast). The committee recommends that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows: Scope : the Directive shall not apply to equipment specifically designed solely for the purposes of research and development and only made available on a business-to-business basis. Definitions : an amendment seeks to go back to the original definition, where unwanted signals are explicitly not defined as disturbance, these being an instance of electromagnetic incompatibility which should not even arise. Consumer protection : Members consider that all obligations imposed on economic operators by this Directive should also apply in the case of distance selling . Manufacturers shall indicate, on the apparatus, their name, registered trade name or registered trade mark and the postal, or, if available, the website address at which they can be contacted. Where that is not reasonably possible, those details shall be provided on the packaging or in a document accompanying the apparatus. The contact details shall be in a language easily understood by end-users and by market surveillance authorities . Such instructions and safety information as well as any labelling shall be clear, understandable and intelligible . Products in stock : Members consider it necessary to provide for transitional arrangements that allow economic operators a reasonable period of time to make available on the market and put into service apparatus that has already been placed on the market in accordance with Directive 2004/108/EC. Economic operators should be able to sell stocks of apparatus that are already in the distribution chain on the date of application of national measures transposing this Directive. Member States shall ensure that the obligations of economic operators concerning the products in stock are applied. Declaration of conformity (DoC) : upon the request of the market surveillance authorities, the economic operator shall provide a copy of the EU declaration of conformity in paper form or by electronic means . 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. It should be possible to replace that single EU declaration by individual EU declarations of conformity relevant for the particular apparatus. Notifying bodies : 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. Market surveillance : Members suggest that Member States shall, on an annual basis, provide the Commission with details of the activities of their market surveillance authorities and of any plans for and increase of market surveillance, including the allocation of more resources, the increase of efficiency and the building of the necessary capacity for achieving those goals. Member States shall provide adequate funding to their market surveillance authorities. Member States shall ensure that appropriate restrictive measures are taken in respect of the apparatus concerned, such as withdrawal of the apparatus from their market, without delay. Penalties : Members propose that the Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of the marking . Rules on penalties applicable to infringements by economic operators of the national provisions may include criminal penalties for serious infringements . The penalties shall be proportionate to the seriousness of the offence . Non-retroactive nature of EU legislation : Members propose that apparatus which was lawfully placed on the market before may be made available on the market by distributors without further product requirements. Transposition : Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. The Commission shall make those texts publicly available by publishing them on the internet.
    • date: 2014-02-04T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140204&type=CRE title: Debate in Parliament
    • date: 2014-02-05T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21918&l=en title: Results of vote in Parliament
    • date: 2014-02-05T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0087 title: T7-0087/2014 summary: The European Parliament adopted by 643 votes to 12, with 10 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast). Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement reached between the European Parliament and the Council. They amended the proposal as follows: Further align the Directive to the “new legislative framework” and ensure legal certainty : the amendments made by the Parliament seek to ensure that the proposed Directive is more consistent with the terms used by Decision No 768/2008/EC and to eliminate any inconsistencies in the text which could otherwise create legal uncertainty. Purpose and scope : it is stated that this Directive covers products which are new to the Union market when they are placed on the market; that is to say they are either new products made by a manufacturer established in the Union or products, whether new or second-hand, imported from a third country. This Directive should apply to all forms of supply, including distance selling . On the other hand, it should not apply to custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes. Obligations of importers : manufacturers and importers should indicate, on the apparatus, 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 its packaging or in a document accompanying the apparatus. 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 end-users and market surveillance authorities. In order to facilitate communication between economic operators, market surveillance authorities and end-users, Member States should encourage economic operators to include a website address in addition to the postal address. Instructions and information, as well as any labelling, shall be clear, understandable and intelligible . EU declaration of conformity : the EU declaration of conformity should contain the elements specified in the relevant modules set out in Annexes II and III and should be continuously updated. 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. CE marking : Parliament called on the Member States to 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. Information concerning the use of apparatus : apparatus should be accompanied by information on any specific precautions that must be taken when the apparatus is assembled, installed, maintained or used, in order to ensure that, when put into service, the apparatus is in conformity with the essential requirements set out in the Directive. For fixed installations , the good engineering practices referred to in Annex I shall be documented and the documentation shall be held by the person or persons responsible at the disposal of the relevant national authorities for inspection for as long as the fixed installation is in operation. Notified bodies : 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. 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. Penalties : rules on penalties applicable to infringements by economic operators may include criminal penalties for serious infringements. These penalties should be effective, proportionate and dissuasive. Stock : distributors should be able to supply apparatus 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. Implementing measures : in order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011, determine whether measures taken by Member States in respect of non-compliant apparatus are justified or not. The Commission should be assisted by the Committee on Electromagnetic Compatibility. When matters relating to this Directive, other than its implementation or infringements, are being examined, i.e. in a Commission expert group, the European Parliament should receive full information and documentation and, where appropriate, an invitation to attend such meetings.
    • date: 2014-02-20T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
    • date: 2014-02-26T00:00:00 type: Final act signed body: CSL
    • date: 2014-02-26T00:00:00 type: End of procedure in Parliament body: EP
    • date: 2014-03-29T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to align Directive 2004/108/EC on the harmonisation of the laws of the Member States relating to electromagnetic compatibility with the new legislative framework, which established a common framework for the marketing of products (Goods Package). LEGISLATIVE ACT: Directive 2014/30/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast). CONTENT: the Directive is part of a package aiming to recast eight directives in order to adapt them to the EU's new legislative framework on sectoral product harmonisation. The recast seeks to further harmonise and simplify national laws applicable to: · explosives for civil uses · simple pressure vessels · electromagnetic compatibility · non-automatic weighing instruments · measuring instruments · lifts and safety components for lifts · equipment for use in potentially explosive atmospheres · electrical equipment designed for use within certain voltage limits . The EU's "new legislative framework", which was adopted in 2008, is a general measure of the internal market with the objective of strengthening the effectiveness of the Union’s legislation on product safety and its implementation mechanisms. It aims to strengthen the safety of products available on the market, and ensures a better functioning internal market for instance through equal treatment of economic operators on the market. It is made up of two complementary texts : regulation 765/2008 outlining the requirements concerning accreditation and surveillance for the marketing of products, and decision 768/2008/EC relating to a common framework for the marketing of products. The main elements of the new Directive are as follows: Purpose and scope : this Directive regulates the electromagnetic compatibility of equipment . It aims to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility. It covers products which are new to the Union market when they are placed on the market; that is to say they are either new products made by a manufacturer established in the Union or products, whether new or second-hand, imported from a third country. This Directive should apply to all forms of supply, including distance selling. This Directive shall not apply to: · radio equipment and telecommunications terminal equipment since they are already regulated by Directive 1999/5/EC; · aircraft or equipment intended to be fitted into aircraft, since they are already subject to special Union or international rules governing electromagnetic compatibility. · custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes. Obligations of economic operators and traceability requirements : the Directive clarifies the obligations of manufacturers and introduces obligations for importers and distributors: · When placing on the market their apparatus, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements set out in Annex I. Apparatus which they have placed on the market must bear a type and serial or batch identification allowing their identification. Where the size or nature of the apparatus does not allow it, the required information shall be placed on the packaging or in a document accompanying the apparatus. · Before placing apparatus on the market, importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the apparatus bears the CE marking and that it is accompanied by the required documents and by instructions and safety information . · Manufacturers and importers shall indicate on the apparatus their name, registered trade name or registered trade mark and the postal address at which they can be contacted. 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 end-users and market surveillance authorities. The instructions and safety information should be in a language which can be easily understood by end-users , as determined by the Member State concerned. Manufacturers who consider or have reason to believe that apparatus which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that apparatus into conformity, to withdraw it or recall it, if appropriate. EU declaration of conformity : the EU declaration of conformity shall have the model structure set out in Annex IV. 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. CE marking : the Directive states that the CE marking and the inscriptions shall be affixed visibly, legibly and indelibly to the apparatus or to its data plate. It shall be affixed before the apparatus is placed on the market. As requested by the European Parliament, 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. Notified bodies : the Directive reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. A conformity assessment body shall be a third-party body independent of the organisation or the apparatus it assesses. 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. Market surveillance and the safeguard clause procedure : the Directive revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found. Member States should take all appropriate measures to ensure that apparatus may be placed on the market only if, when properly stored and used for their intended purpose, or under conditions of use which can be reasonably foreseen, they do not endanger the health and safety of persons. Restrictive measures in case of non-compliance : appropriate restrictive measures, such as withdrawal of the apparatus concerned from the market should be taken in respect of the apparatus concerned without delay. Rules on penalties applicable to infringements by economic operators could include criminal penalties for serious infringements. The penalties provided for should be effective, proportionate and dissuasive. Transitional provisions/products in stock : distributors should therefore be able to supply apparatus that has been placed on the market, namely stock that is already in the distribution chain, before the 20 April 2016. ENTRY INTO FORCE: 18/04/2014. TRANSPOSITION: 19/04/2016. Measures shall apply from 20.04.2016. docs: title: Directive 2014/30 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0030 title: OJ L 096 29.03.2014, p. 0079 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:096:TOC
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    • Repealing Directive 2004/108/EC 2002/0306(COD) See also 2007/0029(COD) See also 2007/0030(COD) Amended by 2015/0277(COD) Amended by 2017/0353(COD)
    procedure/other_consulted_institutions
    European Economic and Social Committee
    procedure/subject
    Old
    • 2.10.03 Standardisation, EC standards and trademark, certification, compliance
    • 3.40.06 Electronics, electrotechnical industries, robotics
    New
    2.10.03
    Standardisation, EC/EU standards and trade mark, certification, compliance
    3.40.06
    Electronics, electrotechnical industries, ICT, robotics
    procedure/summary
    • Repealing Directive 2004/108/EC
    • See also
    • See also
    activities/0/docs/0/celexid
    CELEX:52011PC0765:EN
    activities/0/docs/0/celexid
    CELEX:52011PC0765:EN
    activities/0/docs/0/url
    Old
    http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0765/COM_COM(2011)0765_EN.pdf
    New
    http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0765/COM_COM(2011)0765_EN.pdf
    links/European Commission/title
    Old
    PreLex
    New
    EUR-Lex
    procedure/subject/1
    Old
    3.40.06 Electronics, electrotechnical industries
    New
    3.40.06 Electronics, electrotechnical industries, robotics
    procedure/subject/0
    2.10 Free movement of goods
    activities
    • date: 2011-11-21T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0765/COM_COM(2011)0765_EN.pdf celexid: CELEX:52011PC0765:EN type: Legislative proposal published title: COM(2011)0765 body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: TAJANI Antonio type: Legislative proposal published
    • date: 2011-11-30T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: S&D name: SCHALDEMOSE Christel group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: FOX Ashley group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2011-11-29T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PPE name: ROITHOVÁ Zuzana body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI
    • date: 2012-07-10T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: S&D name: SCHALDEMOSE Christel group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: FOX Ashley group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2011-11-29T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PPE name: ROITHOVÁ Zuzana body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI
    • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-258&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0258/2012 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: S&D name: SCHALDEMOSE Christel group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: FOX Ashley group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2011-11-29T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PPE name: ROITHOVÁ Zuzana body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI date: 2012-11-28T00:00:00
    • date: 2014-02-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140204&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
    • date: 2014-02-05T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21918&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0087 type: Decision by Parliament, 1st reading/single reading title: T7-0087/2014 body: EP type: Results of vote in Parliament
    • date: 2014-02-20T00:00:00 body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3295
    • date: 2014-02-20T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
    • date: 2014-02-26T00:00:00 body: CSL type: Final act signed
    • date: 2014-02-26T00:00:00 body: EP type: End of procedure in Parliament
    • date: 2014-03-29T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0030 title: Directive 2014/30 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:096:TOC title: OJ L 096 29.03.2014, p. 0079
    committees
    • body: EP shadows: group: S&D name: SCHALDEMOSE Christel group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: FOX Ashley group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2011-11-29T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PPE name: ROITHOVÁ Zuzana
    • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
    • body: EP responsible: False committee_full: Legal Affairs committee: JURI
    links
    National parliaments
    European Commission
    other
    • body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: TAJANI Antonio
    procedure
    dossier_of_the_committee
    IMCO/7/07934
    Mandatory consultation of other institutions
    Economic and Social Committee
    reference
    2011/0351(COD)
    instrument
    Directive
    legal_basis
    Treaty on the Functioning of the EU TFEU 114-p1
    stage_reached
    Procedure completed
    summary
    subtype
    Recast
    Modified legal basis
    Rules of Procedure of the European Parliament EP 150
    title
    Electromagnetic compatibility. Recast. 'Goods package'
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    final
    subject