BETA

Activities of Anna CAVAZZINI related to 2022/0279(COD)

Shadow reports (1)

2023/07/24
Committee: IMCO
Dossiers: 2022/0279(COD)
Documents: PDF(370 KB) DOC(160 KB)
Authors: [{'name': 'Andreas SCHWAB', 'mepid': 28223}]

Amendments (60)

Proposal for a regulation
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 those products for a maximum period of six months, following consultation of pertinent stakeholders and expert groups, the placing on the market of products, which have not undergone the usual conformity assessment procedures required by the respective EU sectoral legislation. The products should nevertheless comply with the applicable safety requirements, social and environmental legislation laid down in relevant Union harmonisation legislation.

2023/04/03
Committee: IMCO

Proposal for a regulation
Recital 11 a (new)

(11 a) In order to ensure transparency about the products being placed on the market in one Member State in a state of emergency under the presumption of conformity, a traceability tool should give economic operators, market surveillance authorities and consumers the transparency and information needed about a product and its conformity. To enable regular monitoring of crisis relevant goods and goods that risk on becoming crisis-relevant, a traceability tool therefore should cover these products.

2023/04/03
Committee: IMCO

Proposal for a regulation
Recital 12

(12) As regards products falling within the scope of those Regulations 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 Regulations, 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 all the applicable essential safety ~~requirements~~, environmental and social requirements as well as the precautionary principle. 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.

2023/04/03
Committee: IMCO

Proposal for a regulation
Recital 13

(13) Where a Single Market emergency entails an exponential increase in the demand for certain products and in order to support the efforts of economic operators to meet such demand, it is appropriate to provide technical references, which may be used by the manufacturers to design and produce crisis-relevant goods, which comply with the applicable essential health and safety ~~requirements~~, environmental and social requirements as well the precautionary principle.

2023/04/03
Committee: IMCO

Proposal for a regulation
Recital 15

(15) With respect to Regulations (EU) 20~~16/424,~~23/XXX [Machinery Regulation (EU) 2016/424, 2023/XXXX [GPSR], (EU) (EU) 2016/425, (EU) 2016/426 and, (EU) 2019/1009, 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 1025/201246ensuring an equivalent level of protection to that offered by the harmonised European standards comply with the relevant essential health and safety ~~requirements~~, environmental and socialrequirements. Additionally, the precautionary principle should be applied. _________________ 46 OJ L 316, 14.11.2012, p. 12.

2023/04/03
Committee: IMCO

Proposal for a regulation
Recital 16

(16) Furthermore, with respect to Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009 and (EU) No 305/2011, the Commission should have the possibility to adopt by means of implementing acts common specifications, on which the manufacturers may rely in order to benefit from a presumption of conformity with the applicable essential requirements. The implementing act laying down such common specifications should remain applicable for the duration of the Single Market emergency and no longer than 6 months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Recital 18

(18) In order to ensure that the level of safety provided by the harmonised products is not compromised, it is necessary to provide for rules for enhanced market surveillance, in particular with respect to goods designated as crisis- relevant and including by enabling closer cooperation and mutual support among the market surveillance authorities. Additionally, a traceability tool should cover these products giving economic operators, market surveillance authorities and consumers the transparency and information needed about a product and its conformity.

2023/04/03
Committee: IMCO

Proposal for a regulation
Recital 19

(19) In accordance with its established practice, the Commission would systematically consult the relevant sectoral experts and social partners in the context of the early preparation of all draft implementing acts laying down common specifications.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 41c–paragraph 1

Article 43c – paragraph 5

1. By way of derogation from Article 18, any competent national authority may authorise, on a duly justified request, the placing on the market or the incorporation into a cableway installation within the territory of the Member State concerned, of a specific subsystem or safety component which has been designated as crisis- relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body, referred to in Article 18 have not been carried out by a notified body but for which the compliance with all the applicable essential ~~requirements has been demonstrated~~including social and environmental requirements has been demonstrated as well as the precautionary principle. Those authorisations shall be valid for a maximum of six months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

The manufacturer of a subsystem or safety component subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the subsystem or safety component concerned complies with all the applicable essential requirements set out in Annex II, and applicable environmental and social legislation and the precautionary principle and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 43c – paragraph 5

Article 1 – paragraph 1

Traceability 1. For products admitted under Article 26 in regulation 2679/98, and after consulting the Consumer Safety Network, relevant expert groups and relevant stakeholders, the Commission shall set up a system of traceability to which economic operators who place and make available those products on the market shall adhere. 2. The system of traceability shall consist of the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access those data, including placement of a data carrier on the product, its packaging or accompanying documents. 3. The Commission is empowered to adopt delegated acts to supplement this Regulation by: (a) determining the crisis relevant products, as referred to in paragraph 1; (b) specifying the type of data which economic operators are to collect and store by means of the system of traceability referred to in paragraph 2; (c) specifying the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2; (d) specifying the actors that shall have access to the data as referred to in point (b) and to what data they shall have access, including consumers, economic operators, providers of online marketplaces, competent national authorities, the Commission, and public interest organisations, or any organisation acting on their behalf. 4. Market surveillance authorities, consumers, economic operators and other relevant actors shall have access to the data referred to in paragraph 3 based on their respective access rights set out in the applicable delegated act adopted pursuant to paragraph 3, point (d). 5. When adopting the measures referred to in paragraph 3, the Commission shall take into account: (a) an adequate timeframe to allow economic operators to prepare for those measures; and (b) the compatibility and interoperability with other product traceability systems already set up at Union or at international level.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 43c – paragraph 5

Article 1 – paragraph 1

(a) a description of the procedures, by means of which compliance with the applicable essential requirements and social and environmental legislation as well as the precautionary principle was successfully demonstrated;

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 43c – paragraph 5

Article 1 – paragraph 1

5. By way of derogation from Articles 7 and 20, subsystems or safety components, for which an authorisation has been granted in accordance with paragraph 1 of this Article, shall not ~~leave~~ be labelled withe t~~erritory of~~he CE marking and shall be traceable via a traceability tool as laid down in Article XX also when leaving the Member Sstate which has issued the authorisation ~~and shall not bear the CE marking~~.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider that subsystems and safety components, which comply with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential requirements set out in Annex II, as well as applicable environmental and social legislation and the precautionary principle, comply with those essential requirements in either of the following cases:

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 43c – paragraph 5

Article 1 – paragraph 1

4. By way of derogation from Article 43a(3), first subparagraph, unless there is sufficient reason to believe that the subsystems or safety components covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, or the environment, the subsystems or safety components in compliance with the said common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation] and for a maximum of 6 months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

1. In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential requirements set out in Annex II and social and environmental applicable legislation and the precautionary principle, for subsystems or safety components, which have been designated as crisis- relevant goods.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

1. Member States shall prioritise the market surveillance activities for subsystems and safety components designated as crisis-relevant goods. To enable regular monitoring of crisis relevant goods and goods that risk on becoming crisis-relevant, a traceability tool therefore shall cover these products as laid out in the following Article.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 1 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

1 a. Traceability 1. For products admitted under Article 26 of regulation, and after consulting the Consumer Safety Network, relevant expert groups and relevant stakeholders, the Commission shall set up a system of traceability to which economic operators who place and make available those products on the market shall adhere. 2. The system of traceability shall consist of the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access those data, including placement of a data carrier on the product, its packaging or accompanying documents. 3. The Commission is empowered to adopt delegated acts to supplement this Regulation by: (a) determining the crisis relevant products, as referred to in paragraph 1; (b) specifying the type of data which economic operators are to collect and store by means of the system of traceability referred to in paragraph 2; (c) specifying the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2; (d) specifying the actors that shall have access to the data as referred to in point (b) and to what data they shall have access, including consumers, economic operators, providers of online marketplaces, competent national authorities, the Commission, and public interest organisations, or any organisation acting on their behalf. 4. Market surveillance authorities, consumers, economic operators and other relevant actors shall have access to the data referred to in paragraph 3 based on their respective access rights set out in the applicable delegated act adopted pursuant to paragraph 3, point (d). 5. When adopting the measures referred to in paragraph 3, the Commission shall take into account: (a) an adequate timeframe to allow economic operators to prepare for those measures; and (b) the compatibility and interoperability with other product traceability systems already set up at Union or at international level.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

The manufacturer of a PPE subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the PPE concerned complies with all the applicable essential health and safety ~~requirements~~, environmental and social requirements as well as the precautionary principle and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

The ~~manufacturer shall also deploy all reasonable measures to ensure that the~~ PPE, which has been granted an authorisation pursuant to paragraph 1 ~~does not~~can leave the territory of the Member State, which issued the authorisation but shall be traceable with the traceability tool in Article XX.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 43c – paragraph 5

Article 1 – paragraph 1

(a) a description of the procedures, by means of which the compliance with the applicable essential health and safety ~~requirements~~, environmental and social requirements as well as the precautionary principle was successfully demonstrated;

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

(c) an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated; and no longer than 6 months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

5. By way of derogation from Articles 7 and 17, PPE, for which an authorisation has been granted in accordance with paragraph 1 of this Article, ~~shall not~~can leave the territory of the Member State but followed by the traceability tool as laid out in Article XX which has issued the authorisation and shall not bear labelled with the CE marking.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider that the PPE, which complies with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential health and safety requirements set out in Annex II, applicable social and environmental legislation and the precautionary principle, complies with those essential health and safety requirements in either of the following cases:

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 43c – paragraph 5

(b) where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements, as well as applicable environmental and social legislation and the precautionary principle set out in Annex II to this Regulation and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

1. Where PPE, have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such PPE to cover the essential health and safety ~~requirements~~ set out in Annex II, social and environmental requirements, the precautionary principle in either of the following cases:

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 44(3). They shall remain applicable to PPE placed on the market until the last day of the period for which the Single Market emergency mode remains active and for a maximum of six months. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

3. Without prejudice to Article 14, PPE which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential health and safety requirements set out in Annex II, social and environmental requirements as well as the precautionary principle covered by those common specifications or parts thereof.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

4. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the PPE covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, and the environment, the PPE in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and safety requirements which it aims to cover and which are set out in Annex II, applicable environmental and social legislation and the precautionary principle, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

3. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the PPE covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the environment, health or safety of persons, the PPE in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. The compliance shall be deemed for a maximum of six months in total.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1

Article 1– paragraph 1

Article 1– paragraph 1

1. Member States shall prioritise the market surveillance activities for PPE designated as crisis-relevant goods. and shall use the traceability tool as laid out in Article XX

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

1. By way of derogation from Article 14, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of a specific appliance or fitting which has been designated as crisis- relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body, referred to in Article 14, have not been carried out by a notified body but for which the compliance with all the applicable essential requirements and social and environmental requirements and the fulfilment of the precautionary principle has been demonstrated.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

The manufacturer of an appliance or a fitting subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the appliance or the fitting concerned complies with all the applicable essential requirements set out in Annex I and social and environmental requirements and the fulfilment of the precautionary principle and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

(c) an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated, and which shall be no longer than 6 months;

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

5. By way of derogation from Articles 6 and 17, appliances or fittings, for which an authorisation has been granted in accordance with paragraph 1 of this Article, shall ~~not~~be traced by the traceability tool as described in Article XX especially when leaveing the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market or putting into service, their competent authorities consider that appliances and fittings, which comply with relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential requirements set out in Annex I and applicable social and environmental requirements as the precautionary principle, comply with those essential requirements in either of the following cases:

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 42(3). They shall apply to appliances and fittings placed on the market no longer than until the last day of the period for which the Single Market emergency mode remains active but for a maximum period of six months. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

4. .By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the appliances or fittings covered by the common specifications referred to in paragraph 1 of this Article present a risk to the environment, health or safety of persons, the appliances or fittings in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation] and no longer than 6 months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential requirements which it aims to cover and which are set out in Annex I and social and environment requirements and the precautionary principle, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

1. The Member States shall prioritise the market surveillance activities for appliances and fittings designated as crisis- relevant goods. They shall be supported by the traceability tool as laid down in Article XX.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

The manufacturer of a fertilising product subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the fertilising product concerned complies with the requirements set out in Annexes I and II and applicable social and environmental legislation and the precautionary principle and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

The manufacturer shall also deploy all reasonable measures to ensure that the fertilising product, which has been granted an authorisation pursuant to paragraph 1 ~~does not~~shall use the traceability as laid down in Article XX, especially when leaveing the territory of the Member State, which issued the authorisation.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

(a) a description of the procedures, by means of which compliance with the applicable essential requirements and social and environmental requirement and the precautionary principle was successfully demonstrated;

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

(c) an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated and for a total of six months;

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 45(3). They shall apply to EUfertilising products placed on the market until the last day of the period for which the Single Market emergency mode remains active in accordance with [the SMEI Regulation] and for a total of six months. In the early preparation of the draft implementing acts establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

4. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the fertilising products covered by the common specifications referred to in paragraph 1 of this Article present a risk to the environment, health or safety of persons, the fertilising products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation] but for a total of six months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

1. In duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications for EU fertilising products to cover the requirements set out in Annexes I and II and social and environmental requirements as well as the precautionary principle, which have been designated as crisis-relevant goods.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

2. The implementing acts referred to in paragraph 1 shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 45(3) and they shall apply to EU fertilising products placed on the market until the last day of the period for which the Single Market emergency mode remains active but for a total of six months. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

3. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the EU fertilising products covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the environment, health or safety of persons, the fertilising products in compliance with those common specifications which have been placed on the market shall not be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation] and not longer than for a maximum of six months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1

Article 1 – paragraph 1

Article 1 – paragraph 1

1. Member States shall prioritise the market surveillance activities for fertilising products designated as crisis-relevant goods and use the traceability tool as laid down in Article XX.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

1. By way of derogation from Article 28(1), the competent national authority may exceptionally authorise, on a duly justified request, the placing on the market within the territory of the Member State concerned, of a specific construction product which has been designated as crisis-relevant good ~~for which the required third-party assessment and verification of constancy of performance procedures referred to in that Article have not been carried out by a notified body.~~;

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

The manufacturer of a construction product subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the construction product concerned achieves the declared performance and shall be responsible for the fulfilment of all the procedures for the assessment and verification of constancy of performance indicated by the national competent authority.deleted

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

The manufacturer shall also deploy all reasonable measures to ensure that the construction product, which has been granted an authorisation pursuant to paragraph 1 douses ~~not~~the traceability tool as laid down in Article XX when leaveing the territory of the Member State, which issued the authorisation.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

(c) an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated and for a total of six months;

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

5. Construction products, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall ~~not~~use the traceability tool as laid down in Article XX when leaveing the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

4. By way of derogation from Article 59a(3), first subparagraph, declaration of performance in compliance with the common specifications referred to in paragraph 1 of this Article regarding construction products which have been placed on the market shall not be affected by the subsequent expiry or repeal of the implementing act, which has laid down those common specifications, unless there is sufficient reason to believe that construction products covered by those common specifications present a risk including to the environment or do not achieve the declared performance.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

2. The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the Standing Committee on Construction and in accordance with the examination procedure referred to in Article 64(2a). They shall apply to construction products placed on the market until the last day of the period for which the Single Market emergency remains active and for a total of six months. In the early preparation of the draft implementing acts establishing the common specifications, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

3. By way of derogation from Article 59a(3), first subparagraph, unless there is sufficient reason to believe that the construction products covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the environment, health or safety of persons, the construction products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation] but only for a maximum of six months.

2023/04/03
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – point 1

Article 1 – paragraph 1

Article 1 – paragraph 1

1. Member States shall prioritise the market surveillance activities for construction products designated as crisis- relevant goods use the traceability tool as laid down in Article XX.

2023/04/03
Committee: IMCO