Activities of Anne-Sophie PELLETIER related to 2022/0280(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency
Amendments (8)
Amendment 79 #
Proposal for a directive
Recital 11
Recital 11
(11) Furthermore, in cases where the disruptions might affect the conformity assessment bodies or in cases where the testing capacities for such crisis-relevant products would not be sufficient, it is appropriate to provide for the possibility for the national competent authorities to exceptionally and temporarily authorise the placing on the market of products, which have not undergone the usual conformity assessment procedures required by the respective EU sectoral legislation, provided that this derogatory and exceptional procedure does not affect in any way the health, safety and security of consumers, that it is implemented in full compliance with the relevant European product safety and consumer legislation, and following due consultation of expert groups and relevant stakeholders.
Amendment 80 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Where relevant, national competent authorities shall duly consult with the social partners before authorising exceptionally and temporarily the placing on the market of products which have not undergone the conformity assessment procedures required by the respective EU sectoral legislation.
Amendment 81 #
Proposal for a directive
Recital 12
Recital 12
(12) As regards products falling within the scope of those Directives that have been designated as crisis-relevant goods, the national competent authorities should be able, in the context of an ongoing Single Market emergency, to derogate from the obligation to carry out those conformity assessment procedures laid down in those Directives, in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products, provided that they comply with the applicable essential safety requirements and that security and safety of consumers and end- users are fully assured. Compliance with those substantive requirements may be demonstrated by various means, which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. The specific procedures, which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority.
Amendment 82 #
Proposal for a directive
Recital 15
Recital 15
(15) With respect to Directive 2006/42/EC, Directives 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/53/EU and 2014/68/EU, the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of Regulation (EU) No 1025/201256ensuring an equivalent level of protection to that offered by the harmonised European standards comply with the relevant essential health and safety requirements. In these cases, the standards used by manufacturers should be assessed by the national authorities, in consultation with relevant stakeholders, to ensure that they effectively provide for the equivalent level of safety and protection required by the applicable legislation. _________________ 56 OJ L 316, 14.11.2012, p. 12.
Amendment 85 #
Proposal for a directive
Recital 19
Recital 19
(19) In accordance with its established practice, the Commission would systematically consult the relevant sectoral experts, including trade unions and consumers organisations in the context of the early preparation of all draft implementing acts laying down common specifications. (Horizontal amendment)
Amendment 87 #
The manufacturer of equipment subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the equipment concerned complies with all the applicable requirements concerning the noise emission in the environment of this Directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority. (Horizontal amendment)
Amendment 92 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Directive 2006/42/EC
article 21f
article 21f
5. When a Member State considers 5. When a Member State considers that a common specification referred to in that a common specification referred to in paragraph 1 does not entirely satisfy the paragraph 1 does not entirely satisfy the essential health and safety requirements essential health and safety requirements which it aims to cover and which are set which it aims to cover and which are set out in Annex I, it shall inform the out in Annex I, it shall immediately inform Commission thereof with a detailed the Commission thereof with a detailed explanation and the Commission shall explanation and the Commission shall assess that information and, if immediately take all appropriate measures appropriate, amend or withdraw the to bring the common specifications into implementing act establishing the compliance with the essential health and common specification in question. safety requirements. (Horizontal amendment)
Amendment 95 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
2010/35/EU
article 33c
article 33c
The manufacturer, the importer, the The manufacturer, the importer and the distributor and the user shall also deploy distributor shall also deploy all reasonable all reasonable measures to ensure that the measures to ensure that the transportable transportable pressure equipment, which pressure equipment, which has been has been granted an authorisation pursuant granted an authorisation pursuant to to paragraph 1 does not leave the territory paragraph 1 does not leave the territory of of the Member State, which has granted the the Member State, which has granted the authorisation. authorisation.