2011/0349(COD) | [ParlTrack]

2011/0349(COD) Explosives for civil uses: making available on the market and supervision. Recast. 'Goods package'

Progress: Procedure completed

Role	Committee	Rapporteur	Shadows
Lead	IMCO	ROITHOVÁ Zuzana ( PPE)	SCHALDEMOSE Christel ( S&D), MANDERS Antonius ( ALDE), RÜHLE Heide ( Verts/ALE), FOX Ashley ( ECR), SALVINI Matteo ( EFD)
Committee Opinion	ITRE
Committee Opinion	JURI

Lead committee dossier:

IMCO/7/07949

Legal Basis:

TFEU 114-p1

Subjects

Events

2014/05/20

EC - Commission response to text adopted in plenary

Documents

SP(2014)446

2014/03/29

Final act published in Official Journal

Details

PURPOSE: to align Directive 93/15/EEC on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package).

LEGISLATIVE ACT: Directive 2014/28/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (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 : the Directive shall apply to explosives for civil uses . It aims to ensure that explosives on the market fulfil the requirements providing for a high level of protection of health and safety and other public interests while guaranteeing the functioning of the internal market. It should apply to all forms of supply, including distance selling.

This Directive shall not apply to : (i) explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police; (ii) pyrotechnic articles falling within the scope of Directive 2013/29/EU; (iii) ammunition, except in cases provided for in the Directive.

A new Annex I, introduced by the Parliament, contains a non-exhaustive list of pyrotechnic articles and ammunition respectively identified following the United Nations recommendations on the transport of dangerous goods.

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

· When placing their explosives on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements set out in Annex II. Manufacturers shall ensure that explosives which they have placed on the market bear a unique identification in accordance with the system for the identification and traceability of explosives.

· Before placing an explosive 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 explosive bears the CE marking.

· Before making an explosive available on the market distributors shall verify that the explosive bears the CE marking, that it is accompanied by the required documents.

· Importers shall indicate, on the explosive, 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 explosive.

· The contact details of the manufacturer and importer shall be in a language easily understood by end-users and market surveillance authorities. Such instructions and safety information , as well as any labelling, shall be clear, understandable and intelligible.

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

Identification and traceability of explosives : economic operators should adhere to a uniform system for the unique identification and traceability of explosives. Such a system is essential if accurate and complete records of explosives are to be kept at all stages of the supply chain. This should allow the identification and the traceability of an explosive from its production site and its placing on the market until its final user and its use with a view to preventing misuse and theft and to assisting law enforcement authorities in the tracing of the origin of lost or stolen explosives.

Identification of economic operators : for explosives not covered by the identification and traceability of explosives system, economic operators should, on request, identify the following to the market surveillance authorities: (a) any economic operator who has supplied them with an explosive; (b) any economic operator to whom they have supplied an explosive.

Economic operators shall be able to present this information for 10 years after they have been supplied with the explosive and for 10 years after they have supplied the explosive.

Licence or authorisation : economic operators shall be in possession of a licence or authorisation which entitles them to engage in the manufacture, storage, use, import, export, transfer or trade of explosives.

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 provides that the CE marking shall be affixed visibly, legibly and indelibly to the explosive before it is placed on the market. Where that is not possible or not warranted on account of the nature of the explosive, it shall be affixed to the packaging and to the accompanying documents. As requested by the Parliament, Member States should 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 explosive 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 explosives 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.

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 measures : Member States shall not impede the making available on the market of explosives covered by Directive 93/15/EEC which are in conformity with that Directive and which were placed on the market before 20 April 2016.

ENTRY INTO FORCE: 18/04/2014.

TRANSPOSITION: 19/04/2016. Measures should apply from 20/04/2016.

DELEGATED ACTS: the Commission shall be empowered to adopt delegated acts in accordance with Article 47 updating Annex I in order to align it to the United Nations recommendations on the transport of dangerous goods. The power to adopt delegated acts shall be conferred on the Commission for five years (renewable) from 18 April 2014 . The delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act (this period may be extended by two months). If the European Parliament and the Council object, the delegated act shall not enter into force.

Documents

Directive 2014/28
OJ L 096 29.03.2014, p. 0001

2014/02/26

CSL - Draft final act

Documents

00047/2013/LEX

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

Documents

Results of vote in Parliament

2014/02/05

EP - Decision by Parliament, 1st reading

Details

The European Parliament adopted by 615 votes to 15, with 7 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 the making available on the market and supervision of explosives for civil uses (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.

In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to explosives. This Directive should not prevent Member States from choosing the competent authorities to carry out those tasks.

Scope : this Directive shall apply to explosives for civil uses. The Directive shall not apply to: (a) explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police; (b) pyrotechnic articles falling within the scope of Directive 2013/29/EU; (c) ammunition, except in cases provided for in the Directive.

The definition of ’ammunition’ has been introduced to mean projectiles with or without propelling charges and blank ammunition used in portable firearms, other guns and artillery.

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

Parliament introduced an Annex I containing a non-exhaustive list of pyrotechnic articles and ammunition respectively identified following the United Nations recommendations on the transport of dangerous goods.

Identification and traceability of explosives : economic operators should adhere to a uniform system for the unique identification and traceability of explosives, that takes into account their size, shape or design, except where it is not necessary to place a unique identification on the explosive due to its low level of hazard.

The system should provide for the collection and storage of data, including where appropriate by electronic means, enabling the unique identification and traceability of the explosive as well as for the placement of a unique identification on the explosive and/or its packaging enabling access to that data.

The data should be tested at regular intervals and protected against accidental or malicious damage or destruction and should be stored for 10 years after the transaction took place or, where the explosives have been used or disposed of, 10 years after their use or disposal, even if the economic operator has ceased trading.

Obligations of importers : manufacturers should ensure that explosives which they have placed on the market bear a unique identification in accordance with the system for the identification and traceability of explosives.

For explosives excluded from that system, manufacturers should indicate on the explosive 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 explosive.

Manufacturers should ensure that explosives which they have placed on the market are accompanied by instructions and safety information in a language which can be easily understood by end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, should be clear, understandable and intelligible .

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.

Economic operators shall be able to present this information for 10 years after they have been supplied with the explosive and for 10 years after they have supplied the explosive.

EU declaration of conformity : in order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

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.

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.

Market surveillance : Member States shall take all appropriate measures to ensure that explosives may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health or safety of persons.

Where the market surveillance authorities of one Member State have sufficient reason to believe that an explosive presents a risk to the health or safety of persons, or to property or the environment, they should carry out an evaluation in relation to the explosive concerned.

Restrictive measures in case of non-compliance : appropriate restrictive measures, such as withdrawal of the explosive from the market should be taken in respect of the explosive concerned without delay. Rules on penalties applicable to infringements by economic operators could include criminal penalties for serious infringements.

Implementing measures : in order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to compliant explosives which present a risk to the health or safety of persons, or to property or the environment, imperative grounds of urgency so require.

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

T7-0085/2014

2014/02/04

EP - Debate in Parliament

Documents

Debate in Parliament

2012/11/29

EP - Committee report tabled for plenary, 1st reading/single reading

Documents

A7-0256/2012

2012/11/28

EP - Committee report tabled for plenary, 1st reading

Documents

A7-0256/2012

2012/07/10

EP - Vote in committee, 1st reading

2012/06/12

EP - Amendments tabled in committee

Documents

PE491.120

2012/05/07

EP - Committee draft report

Documents

PE488.066

2012/02/19

IT_SENATE - Contribution

Documents

COM(2011)0771

2012/01/15

PT_PARLIAMENT - Contribution

Documents

COM(2011)0771

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

Details

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 the making available on the market and supervision of explosives for civil uses 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 Council Directive 93/15/EEC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Council Directive 93/15/EEC and the essential safety 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 pyrotechnic 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 93/15/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 93/15/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.

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

Documents

COM(2011)0771
EUR-Lex

2011/11/21

EC - Legislative proposal published

Details

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

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

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

The main elements of the proposal are as follows:

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

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

Documents

COM(2011)0771
EUR-Lex

Documents

Commission response to text adopted in plenary: SP(2014)446
Final act published in Official Journal: Directive 2014/28
Final act published in Official Journal: OJ L 096 29.03.2014, p. 0001
Draft final act: 00047/2013/LEX
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading: T7-0085/2014
Debate in Parliament: Debate in Parliament
Committee report tabled for plenary, 1st reading/single reading: A7-0256/2012
Committee report tabled for plenary, 1st reading: A7-0256/2012
Amendments tabled in committee: PE491.120
Committee draft report: PE488.066
Contribution: COM(2011)0771
Contribution: COM(2011)0771
Legislative proposal: COM(2011)0771
Legislative proposal: EUR-Lex
Legislative proposal published: COM(2011)0771
Legislative proposal published: EUR-Lex
Legislative proposal: COM(2011)0771 EUR-Lex
Committee draft report: PE488.066
Amendments tabled in committee: PE491.120
Committee report tabled for plenary, 1st reading/single reading: A7-0256/2012
Draft final act: 00047/2013/LEX
Commission response to text adopted in plenary: SP(2014)446
Contribution: COM(2011)0771
Contribution: COM(2011)0771

Votes

A7-0256/2012 - Zuzana Roithová - Résolution législative #

2014/02/05 Outcome: +: 651, -: 15, 0: 7

		DE	FR	IT	ES	GB	PL	RO	NL	CZ	PT	BE	SE	HU	BG	AT	EL	DK	SK	IE	FI	HR	LV	LT	LU	EE	SI	CY	MT
	Total	93	66	56	52	64	44	30	24	20	20	20	18	18	16	19	16	13	12	11	11	10	8	7	6	6	5	4	4
PPE	242	Germany PPE For (41) Albert DESS, Andreas SCHWAB, Angelika NIEBLER, Axel VOSS, Bernd POSSELT, Birgit SCHNIEBER-JASTRAM, Burkhard BALZ, Christa KLASS, Christian EHLER, Daniel CASPARY, Dieter-Lebrecht KOCH, Doris PACK, Elisabeth JEGGLE, Elmar BROK, Gabriele STAUNER, Godelieve QUISTHOUDT-ROWOHL, Hans-Gert PÖTTERING, Hans-Peter MAYER, Herbert REUL, Hermann WINKLER, Horst SCHNELLHARDT, Ingeborg GRÄSSLE, Joachim ZELLER, Karl-Heinz FLORENZ, Klaus-Heiner LEHNE, Manfred WEBER, Markus FERBER, Markus PIEPER, Martin KASTLER, Michael GAHLER, Monika HOHLMEIER, Peter JAHR, Peter LIESE, Rainer WIELAND, Reimer BÖGE, Renate SOMMER, Sabine VERHEYEN, Thomas MANN, Thomas ULMER, Werner KUHN, Werner LANGEN 41	France PPE For (26) Alain CADEC, Alain LAMASSOURE, Arnaud DANJEAN, Brice HORTEFEUX, Christine DE VEYRAC, Constance LE GRIP, Dominique RIQUET, Dominique VLASTO, Elisabeth MORIN-CHARTIER, Franck PROUST, Françoise GROSSETÊTE, Gaston FRANCO, Jean ROATTA, Jean-Marie CAVADA, Jean-Pierre AUDY, Joseph DAUL, Marie-Thérèse SANCHEZ-SCHMID, Marielle BOULLIER GALLO, Michel DANTIN, Nora BERRA, Philippe BOULLAND, Philippe JUVIN, Rachida DATI, Sophie AUCONIE, Tokia SAÏFI, Véronique MATHIEU HOUILLON 26	Italy PPE For (25) Aldo PATRICIELLO, Alfredo PALLONE, Antonello ANTINORO, Antonio CANCIAN, Barbara MATERA, Carlo CASINI, Carlo FIDANZA, Clemente MASTELLA, Crescenzio RIVELLINI, Elisabetta GARDINI, Erminia MAZZONI, Fabrizio BERTOT, Gino TREMATERRA, Giovanni LA VIA, Giuseppe GARGANI, Herbert DORFMANN, Iva ZANICCHI, Licia RONZULLI, Marco SCURRIA, Oreste ROSSI, Paolo BARTOLOZZI, Roberta ANGELILLI, Salvatore IACOLINO, Sergio BERLATO, Sergio Paolo Francesco SILVESTRIS 25	Spain PPE For (25) Agustín DÍAZ DE MERA GARCÍA CONSUEGRA, Alejo VIDAL-QUADRAS, Antonio LÓPEZ-ISTÚRIZ WHITE, Carlos ITURGAIZ, Carmen FRAGA ESTÉVEZ, Cristina GUTIÉRREZ-CORTINES, Esther HERRANZ GARCÍA, Eva ORTIZ VILELLA, Francisco José MILLÁN MON, Gabriel MATO, Jaime MAYOR OREJA, José Ignacio SALAFRANCA SÁNCHEZ-NEYRA, Juan Andrés NARANJO ESCOBAR, Luis de GRANDES PASCUAL, María Auxiliadora CORREA ZAMORA, Pablo ARIAS ECHEVERRÍA, Pablo ZALBA BIDEGAIN, Pilar AYUSO, Pilar del CASTILLO VERA, Rosa ESTARÀS FERRAGUT, Salvador GARRIGA POLLEDO, Salvador SEDÓ i ALABART, Santiago FISAS AYXELÀ, Teresa JIMÉNEZ-BECERRIL BARRIO, Verónica LOPE FONTAGNÉ 25		Poland PPE For (24) Andrzej GRZYB, Arkadiusz Tomasz BRATKOWSKI, Bogdan Kazimierz MARCINKIEWICZ, Bogusław SONIK, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Filip KACZMAREK, Jacek PROTASIEWICZ, Jacek SARYUSZ-WOLSKI, Jan KOZŁOWSKI, Jan OLBRYCHT, Jarosław KALINOWSKI, Jarosław WAŁĘSA, Jerzy BUZEK, Joanna Katarzyna SKRZYDLEWSKA, Jolanta Emilia HIBNER, Krzysztof LISEK, Małgorzata HANDZLIK, Paweł ZALEWSKI, Piotr BORYS, Róża THUN UND HOHENSTEIN, Sławomir NITRAS, Tadeusz ZWIEFKA, Zbigniew ZALESKI 24	Romania PPE For (13) Cristian Dan PREDA, Csaba SÓGOR, Elena BĂSESCU, Elena Oana ANTONESCU, Iosif MATULA, Iuliu WINKLER, László TŐKÉS, Marian-Jean MARINESCU, Monica MACOVEI, Petru Constantin LUHAN, Rareș-Lucian NICULESCU, Sebastian Valentin BODU, Theodor Dumitru STOLOJAN 13	Netherlands PPE For (5) Corien WORTMANN-KOOL, Esther DE LANGE, Lambert van NISTELROOIJ, Ria OOMEN-RUIJTEN, Wim van de CAMP 5	Czechia PPE For (2) Jan BŘEZINA, Zuzana ROITHOVÁ 2	Portugal PPE For (10) Carlos COELHO, Diogo FEIO, José Manuel FERNANDES, Maria da Graça CARVALHO, Maria do Céu PATRÃO NEVES, Mário DAVID, Nuno MELO, Nuno TEIXEIRA, Paulo RANGEL, Regina BASTOS 10	Belgium PPE For (4) Anne DELVAUX, Ivo BELET, Marianne THYSSEN, Mathieu GROSCH 4	Sweden PPE For (5) Alf SVENSSON, Anna IBRISAGIC, Anna Maria CORAZZA BILDT, Christofer FJELLNER, Gunnar HÖKMARK 5	Hungary PPE For (11) Béla GLATTFELDER, Csaba ŐRY, Erik BÁNKI, György SCHÖPFLIN, Ildikó GÁLL-PELCZ, József SZÁJER, Kinga GÁL, László SURJÁN, Lívia JÁRÓKA, Zoltán BAGÓ, Ádám KÓSA 11	Bulgaria PPE For (7) Andrey KOVATCHEV, Mariya GABRIEL, Monika PANAYOTOVA, Nadezhda NEYNSKY, Preslav BORISSOV, Svetoslav Hristov MALINOV, Vladimir URUTCHEV 7	Austria PPE For (6) Elisabeth KÖSTINGER, Heinz K. BECKER, Hubert PIRKER, Othmar KARAS, Paul RÜBIG, Richard SEEBER 6	Greece PPE For (4) Georgios KOUMOUTSAKOS, Konstantinos POUPAKIS, Marietta GIANNAKOU, Rodi KRATSA-TSAGAROPOULOU 4	Denmark PPE For (1) Bendt BENDTSEN 1	Slovakia PPE For (6) Alajos MÉSZÁROS, Anna ZÁBORSKÁ, Edit BAUER, Eduard KUKAN, Miroslav MIKOLÁŠIK, Peter ŠŤASTNÝ 6	Ireland PPE For (4) Gay MITCHELL, Jim HIGGINS, Mairead McGUINNESS, Seán KELLY 4	Finland PPE For (3) Eija-Riitta KORHOLA, Petri SARVAMAA, Sirpa PIETIKÄINEN 3	Croatia PPE For (5) Andrej PLENKOVIĆ, Davor Ivo STIER, Dubravka ŠUICA, Ivana MALETIĆ, Zdravka BUŠIĆ 5	Latvia PPE For (4) Inese VAIDERE, Krišjānis KARIŅŠ, Kārlis ŠADURSKIS, Sandra KALNIETE 4	Lithuania PPE For (2) Laima Liucija ANDRIKIENĖ, Vytautas LANDSBERGIS 2	Luxembourg PPE For (3) Astrid LULLING, Frank ENGEL, Georges BACH 3	Estonia PPE For (1) Tunne KELAM 1	Slovenia PPE For (3) Alojz PETERLE, Romana JORDAN, Zofija MAZEJ KUKOVIČ 3	Cyprus PPE For (1) Andreas PITSILLIDES 1	Malta PPE For (1) Roberta METSOLA 1
S&D	169	Germany S&D For (21) Barbara WEILER, Bernd LANGE, Bernhard RAPKAY, Birgit SIPPEL, Constanze KREHL, Dagmar ROTH-BEHRENDT, Evelyne GEBHARDT, Jens GEIER, Jo LEINEN, Jutta HAUG, Jutta STEINRUCK, Kerstin WESTPHAL, Knut FLECKENSTEIN, Matthias GROOTE, Norbert GLANTE, Norbert NEUSER, Peter SIMON, Petra KAMMEREVERT, Udo BULLMANN, Ulrike RODUST, Wolfgang KREISSL-DÖRFLER 21	France S&D For (13) António Fernando CORREIA DE CAMPOS, Bernadette VERGNAUD, Catherine TRAUTMANN, Eric ANDRIEU, Françoise CASTEX, Gilles PARGNEAUX, Henri WEBER, Isabelle THOMAS, Jean Louis COTTIGNY, Liem HOANG NGOC, Patrice TIROLIEN, Pervenche BERÈS, Sylvie GUILLAUME 13	Italy S&D For (16) Andrea COZZOLINO, David Maria SASSOLI, Francesca BARRACCIU, Francesco DE ANGELIS, Franco FRIGO, Guido MILANA, Leonardo DOMENICI, Paolo DE CASTRO, Patrizia TOIA, Pier Antonio PANZERI, Pino ARLACCHI, Roberto GUALTIERI, Salvatore CARONNA, Sergio Gaetano COFFERATI, Silvia COSTA, Vittorio PRODI 16	Spain S&D For (21) Alejandro CERCAS, Antolín SÁNCHEZ PRESEDO, Antonio MASIP HIDALGO, Carmen ROMERO LÓPEZ, Dolores GARCÍA-HIERRO CARABALLO, Eider GARDIAZABAL RUBIAL, Emilio MENÉNDEZ del VALLE, Enrique GUERRERO SALOM, Inés AYALA SENDER, Iratxe GARCÍA PÉREZ, Josefa ANDRÉS BAREA, Juan Fernando LÓPEZ AGUILAR, Luis YÁÑEZ-BARNUEVO GARCÍA, Maria BADIA i CUTCHET, María IRIGOYEN PÉREZ, María MUÑIZ DE URQUIZA, Miguel Angel MARTÍNEZ MARTÍNEZ, Raimon OBIOLS, Ricardo CORTÉS LASTRA, Sergio GUTIÉRREZ PRIETO, Teresa RIERA MADURELL 21	United Kingdom S&D For (12) Arlene McCARTHY, Brian SIMPSON, Catherine STIHLER, Dame Glenis WILLMOTT, David MARTIN, Derek VAUGHAN, Linda McAVAN, Mary HONEYBALL, Michael CASHMAN, Peter SKINNER, Richard HOWITT, Stephen HUGHES 12	Poland S&D For (6) Adam GIEREK, Bogusław LIBERADZKI, Janusz ZEMKE, Joanna SENYSZYN, Lidia Joanna GERINGER DE OEDENBERG, Marek SIWIEC 6	Romania S&D For (11) Claudiu Ciprian TĂNĂSESCU, Corina CREȚU, Cătălin Sorin IVAN, Daciana Octavia SÂRBU, George Sabin CUTAȘ, Ioan ENCIU, Ioan Mircea PAŞCU, Minodora CLIVETI, Silvia-Adriana ȚICĂU, Victor BOŞTINARU, Viorica DĂNCILĂ 11	Netherlands S&D For (3) Emine BOZKURT, Judith A. MERKIES, Thijs BERMAN 3	Czechia S&D For (7) Libor ROUČEK, Olga SEHNALOVÁ, Pavel POC, Richard FALBR, Robert DUŠEK, Vojtěch MYNÁŘ, Zuzana BRZOBOHATÁ 7	Portugal S&D For (5) Ana GOMES, Edite ESTRELA, Luis Manuel CAPOULAS SANTOS, Luís Paulo ALVES, Vital MOREIRA 5	Belgium S&D For (5) Frédéric DAERDEN, Kathleen VAN BREMPT, Marc TARABELLA, Saïd EL KHADRAOUI, Véronique DE KEYSER 5	Sweden S&D For (5) Anna HEDH, Göran FÄRM, Jens NILSSON, Marita ULVSKOG, Åsa WESTLUND 5	Hungary S&D For (4) Csaba Sándor TABAJDI, Edit HERCZOG, Kinga GÖNCZ, Zita GURMAI 4	Bulgaria S&D For (3) Evgeni KIRILOV, Ivailo KALFIN, Marusya LYUBCHEVA 3	Austria S&D For (5) Evelyn REGNER, Hannes SWOBODA, Josef WEIDENHOLZER, Jörg LEICHTFRIED, Karin KADENBACH 5	Greece S&D For (5) Georgios STAVRAKAKIS, Kriton ARSENIS, Maria Eleni KOPPA, Spyros DANELLIS, Sylvana RAPTI 5	Denmark S&D For (5) Britta THOMSEN, Christel SCHALDEMOSE, Claus LARSEN-JENSEN, Emilie TURUNEN, Ole CHRISTENSEN 5	Slovakia S&D For (5) Boris ZALA, Katarína ROTH NEVEĎALOVÁ, Monika BEŇOVÁ, Monika SMOLKOVÁ, Vladimír MAŇKA 5	Ireland S&D For (2) Emer COSTELLO, Phil PRENDERGAST 2	Finland S&D For (2) Liisa JAAKONSAARI, Mitro REPO 2	Croatia S&D For (5) Biljana BORZAN, Marino BALDINI, Oleg VALJALO, Sandra PETROVIĆ JAKOVINA, Tonino PICULA 5		Lithuania S&D For (1) Zigmantas BALČYTIS 1	Luxembourg S&D For (1) Robert GOEBBELS 1	Estonia S&D For (1) Ivari PADAR 1	Slovenia S&D For (1) Tanja FAJON 1	Cyprus S&D For (1) Sophocles SOPHOCLEOUS 1	Malta S&D For (3) Claudette ABELA BALDACCHINO, Joseph CUSCHIERI, Marlene MIZZI 3
ALDE	76	Germany ALDE For (11) Alexander Graf LAMBSDORFF, Alexander Nuno PICKART ALVARO, Alexandra THEIN, Britta REIMERS, Gesine MEISSNER, Holger KRAHMER, Jürgen CREUTZMANN, Michael THEURER, Nadja HIRSCH, Silvana KOCH-MEHRIN, Wolf KLINZ 11	France ALDE For (6) Corinne LEPAGE, Jean-Luc BENNAHMIAS, Marielle DE SARNEZ, Nathalie GRIESBECK, Robert ROCHEFORT, Sylvie GOULARD 6	Italy ALDE For (4) Andrea ZANONI, Gianni VATTIMO, Giommaria UGGIAS, Niccolò RINALDI 4	Spain ALDE For (2) Izaskun BILBAO BARANDICA, Ramon TREMOSA i BALCELLS 2	United Kingdom ALDE For (11) Andrew DUFF, Baroness Sarah LUDFORD, Bill NEWTON DUNN, Catherine BEARDER, Chris DAVIES, Edward MCMILLAN-SCOTT, Fiona HALL, Phil BENNION, Rebecca TAYLOR, Sharon BOWLES, Sir Graham WATSON 11		Romania ALDE For (4) Adina-Ioana VĂLEAN, Norica NICOLAI, Ovidiu Ioan SILAGHI, Renate WEBER 4	Netherlands ALDE For (6) Antonius MANDERS, Gerben-Jan GERBRANDY, Jan MULDER, Johannes Cornelis van BAALEN, Marietje SCHAAKE, Sophia IN 'T VELD 6			Belgium ALDE For (5) Annemie NEYTS-UYTTEBROECK, Frédérique RIES, Guy VERHOFSTADT, Louis MICHEL, Philippe DE BACKER 5	Sweden ALDE For (4) Cecilia WIKSTRÖM, Kent JOHANSSON, Marit PAULSEN, Olle SCHMIDT 4		Bulgaria ALDE For (4) Antonyia PARVANOVA, Filiz HYUSMENOVA, Metin KAZAK, Stanimir ILCHEV 4	Austria ALDE For (1) Angelika WERTHMANN 1	Greece ALDE For (1) Theodoros SKYLAKAKIS 1	Denmark ALDE For (3) Anne E. JENSEN, Jens ROHDE, Morten LØKKEGAARD 3		Ireland ALDE For (4) Brian CROWLEY, Liam AYLWARD, Marian HARKIN, Pat the Cope GALLAGHER 4	Finland ALDE For (3) Anneli JÄÄTTEENMÄKI, Hannu TAKKULA, Nils TORVALDS 3		Latvia ALDE For (1) Ivars GODMANIS 1	Lithuania ALDE For (1) Leonidas DONSKIS 1	Luxembourg ALDE For (1) Charles GOERENS 1	Estonia ALDE For (3) Kristiina OJULAND, Siiri OVIIR, Vilja SAVISAAR-TOOMAST 3	Slovenia ALDE For (1) Jelko KACIN 1
Verts/ALE	52	Germany Verts/ALE For (12) Elisabeth SCHROEDTER, Gerald HÄFNER, Heide RÜHLE, Helga TRÜPEL, Hiltrud BREYER, Jan Philipp ALBRECHT, Martin HÄUSLING, Michael CRAMER, Rebecca HARMS, Reinhard BÜTIKOFER, Sven GIEGOLD, Werner SCHULZ 12	France Verts/ALE For (15) Catherine GRÈZE, Daniel COHN-BENDIT, Eva JOLY, François ALFONSI, Hélène FLAUTRE, Jean-Jacob BICEP, Jean-Paul BESSET, José BOVÉ, Karim ZÉRIBI, Karima DELLI, Michèle RIVASI, Nicole KIIL-NIELSEN, Sandrine BÉLIER, Yannick JADOT, Yves COCHET 15		Spain Verts/ALE For (2) Iñaki IRAZABALBEITIA FERNÁNDEZ, Raül ROMEVA i RUEDA 2	United Kingdom Verts/ALE For (3) Jean LAMBERT, Jill EVANS, Keith TAYLOR 3			Netherlands Verts/ALE For (3) Bas EICKHOUT, Judith SARGENTINI, Marije CORNELISSEN 3		Portugal Verts/ALE For (1) Rui TAVARES 1	Belgium Verts/ALE For (3) Bart STAES, Mark DEMESMAEKER, Philippe LAMBERTS 3	Sweden Verts/ALE For (4) Amelia ANDERSDOTTER, Carl SCHLYTER, Christian ENGSTRÖM, Isabella LÖVIN 4			Austria Verts/ALE For (2) Eva LICHTENBERGER, Ulrike LUNACEK 2	Greece Verts/ALE For (1) Nikos CHRYSOGELOS 1	Denmark Verts/ALE For (1) Margrete AUKEN 1			Finland Verts/ALE For (2) Satu HASSI, Tarja CRONBERG 2		Latvia Verts/ALE For (1) Tatjana ŽDANOKA 1		Luxembourg Verts/ALE For (1) Claude TURMES 1	Estonia Verts/ALE For (1) Indrek TARAND 1
ECR	51			Italy ECR For (1) Cristiana MUSCARDINI 1		United Kingdom ECR For (26) Anthea McINTYRE, Ashley FOX, Daniel HANNAN, David CAMPBELL BANNERMAN, Emma McCLARKIN, Geoffrey VAN ORDEN, Jacqueline FOSTER, James ELLES, James NICHOLSON, Julie GIRLING, Kay SWINBURNE, Malcolm HARBOUR, Marina YANNAKOUDAKIS, Marta ANDREASEN, Martin CALLANAN, Nirj DEVA, Philip BRADBOURN, Richard ASHWORTH, Robert STURDY, Sajjad KARIM, Sir Robert ATKINS, Struan STEVENSON, Syed KAMALL, Timothy Charles Ayrton TANNOCK, Timothy KIRKHOPE, Vicky FORD 26	Poland ECR For (11) Adam BIELAN, Artur ZASADA, Janusz WOJCIECHOWSKI, Konrad SZYMAŃSKI, Marek Henryk MIGALSKI, Marek Józef GRÓBARCZYK, Mirosław PIOTROWSKI, Paweł Robert KOWAL, Ryszard Antoni LEGUTKO, Ryszard CZARNECKI, Tomasz Piotr PORĘBA 11		Netherlands ECR For (1) Peter van DALEN 1	Czechia ECR For (7) Andrea ČEŠKOVÁ, Evžen TOŠENOVSKÝ, Hynek FAJMON, Ivo STREJČEK, Milan CABRNOCH, Miroslav OUZKÝ, Oldřich VLASÁK 7		Belgium ECR For (1) Derk Jan EPPINK 1		Hungary ECR For (1) Lajos BOKROS 1				Denmark ECR For (1) Anna ROSBACH 1					Latvia ECR For (1) Roberts ZĪLE 1	Lithuania ECR For (1) Waldemar TOMASZEWSKI 1
GUE/NGL	31	Germany GUE/NGL For (8) Cornelia ERNST, Gabriele ZIMMER, Helmut SCHOLZ, Jürgen KLUTE, Martina MICHELS, Sabine LÖSING, Sabine WILS, Thomas HÄNDEL 8	France GUE/NGL For (3) Marie-Christine VERGIAT, Patrick LE HYARIC, Younous OMARJEE Abstain (1) Jean-Luc MÉLENCHON 4		Spain GUE/NGL For (1) Willy MEYER 1	United Kingdom GUE/NGL For (1) Martina ANDERSON 1			Netherlands GUE/NGL For (2) Dennis de JONG, Kartika Tamara LIOTARD 2	Czechia GUE/NGL For (4) Jaromír KOHLÍČEK, Jiří MAŠTÁLKA, Miloslav RANSDORF, Věra FLASAROVÁ 4	Portugal GUE/NGL For (4) Alda SOUSA, Inês Cristina ZUBER, João FERREIRA, Marisa MATIAS 4						Greece GUE/NGL For (1) Nikolaos CHOUNTIS Abstain (2) Charalampos ANGOURAKIS, Georgios TOUSSAS 3	Denmark GUE/NGL For (1) Rina Ronja KARI 1					Latvia GUE/NGL For (1) Alfreds RUBIKS 1					Cyprus GUE/NGL For (2) Kyriacos TRIANTAPHYLLIDES, Takis HADJIGEORGIOU 2
EFD	27		France EFD Against (1) Philippe de VILLIERS 1	Italy EFD For (7) Claudio MORGANTI, Fiorello PROVERA, Francesco Enrico SPERONI, Giancarlo SCOTTÀ, Lorenzo FONTANA, Mara BIZZOTTO, Matteo SALVINI Abstain (1) Magdi Cristiano ALLAM 8		United Kingdom EFD Against (5) Derek Roland CLARK, John Stuart AGNEW, Nigel FARAGE, Roger HELMER, William (The Earl of) DARTMOUTH 5	Poland EFD For (3) Jacek Olgierd KURSKI, Jacek WŁOSOWICZ, Zbigniew ZIOBRO 3		Netherlands EFD For (1) Bas BELDER 1			Belgium EFD For (1) Frank VANHECKE 1			Bulgaria EFD For (1) Slavi BINEV 1		Greece EFD For (2) Niki TZAVELA, Nikolaos SALAVRAKOS 2	Denmark EFD For (1) Morten MESSERSCHMIDT 1	Slovakia EFD For (1) Jaroslav PAŠKA 1		Finland EFD For (1) Sampo TERHO 1			Lithuania EFD For (2) Juozas IMBRASAS, Rolandas PAKSAS 2
NI	25		France NI Against (1) Bruno GOLLNISCH 1	Italy NI For (2) Franco BONANINI, Mario BORGHEZIO 2	Spain NI For (1) Francisco SOSA WAGNER 1	United Kingdom NI For (1) Diane DODDS Against (5) Andrew Henry William BRONS, Mike NATTRASS, Nick GRIFFIN, Nicole SINCLAIRE, Trevor COLMAN 6		Romania NI For (2) Adrian SEVERIN, Corneliu VADIM TUDOR 2	Netherlands NI For (1) Daniël van der STOEP Against (2) Auke ZIJLSTRA, Lucas HARTONG 3			Belgium NI Abstain (1) Philip CLAEYS 1		Hungary NI For (2) Béla KOVÁCS, Krisztina MORVAI 2	Bulgaria NI For (1) Dimitar STOYANOV 1	Austria NI For (2) Ewald STADLER, Martin EHRENHAUSER Against (1) Andreas MÖLZER Abstain (2) Franz OBERMAYR, Hans-Peter MARTIN 5				Ireland NI For (1) Nessa CHILDERS 1

Amendments	Dossier
17	2011/0349(COD) 2012/06/12 IMCO 17 amendments... Amendment 32 # Christel SCHALDEMOSE Proposal for a directive Recital 43 (43) Manufacturers and importers need to be given reasonable, but limited, time to exercise any rights under national rules in force before the date of application of national rules transposing this Directive in order, for example, to sell their stocks of manufactured products. It is necessary to provide for transitional arrangements that allow making available on the market explosives that have already been placed on the market in accordance with Directive 93/15/EEC. Amendment 33 # Bernadette VERGNAUD Proposal for a directive Article 2 – paragraph 1 – point 1 1) ‘explosives’ means the materials and articles considered to be ~~such~~explosive in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations and which are manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect; Amendment 34 # Bernadette VERGNAUD Proposal for a directive Article 6 – paragraph 2 – subparagraph 3 The CE marking does not need to be affixed on explosives manufactured for own use, explosives transported and delivered unpackaged or in pump trucks for their direct unloading into the blast- hole, and explosives manufactured at the blasting sites which are loaded immediately after being produced (so- called in situ production).deleted Amendment 35 # Bernadette VERGNAUD Proposal for a directive Article 6 – paragraph 4 – subparagraph 1a (new) When deemed appropriate with regard to the risks presented by an explosive, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of explosives made available on the market, investigate and, if necessary, keep a register of complaints, of non- conforming explosives and of recalls of explosives, and shall keep distributors informed of any such monitoring. Amendment 36 # Bernadette VERGNAUD Proposal for a directive Article 8 – paragraph 5 – subparagraph 1a (new) When deemed appropriate with regard to the risks presented by an explosive, importers shall, to protect the health and safety of consumers, carry out sample testing of explosives made available on the market, investigate and, if necessary, keep a register of complaints, of non- conforming explosives and of recalls of explosives, and shall keep distributors informed of any such monitoring. Amendment 37 # Ashley FOX Proposal for a directive Article 20 – paragraph 2 2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II to this Directive and shall be continuously updated. It ~~shall~~may be translated, upon request, into the language or languages required by the Member State in which market the explosive is placed or made available. Amendment 38 # Bernadette VERGNAUD Proposal for a directive Article 24 – paragraph 2 2. ~~Member States may decide that t~~The assessment and monitoring referred to in paragraph 1 shall be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008. Amendment 39 # Bernadette VERGNAUD Proposal for a directive Article 27 – paragraph 3 – subparagraph 2 A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of explosives, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.deleted Amendment 40 # Bernadette VERGNAUD Proposal for a directive Article 27 – paragraph 4 – subparagraph 1 level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of explosives nor the authorised representative of any of those parties. This shall not preclude the use of explosives that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes. Amendment 41 # Bernadette VERGNAUD Proposal for a directive Article 27 – paragraph 4 – subparagraph 2 A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, marketing , installation, use or maintenance of ~~those~~ explosives or represent the parties engaged in those activities . They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services. Amendment 42 # Bernadette VERGNAUD Proposal for a directive Article 30 – paragraph 2 2. That application shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the explosive or explosives for which that body claims to be competent, as well as by an accreditation certificate~~, where one exists,~~ issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 27. Amendment 43 # Bernadette VERGNAUD Proposal for a directive Article 30 – paragraph 3 3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 27.deleted Amendment 44 # Bernadette VERGNAUD Proposal for a directive Article 31 – paragraph 4 4. Where a notification is not based on an accreditation certificate as referred to in Article 30(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 27.deleted Amendment 45 # Bernadette VERGNAUD Proposal for a directive Article 31 – paragraph 5 – subparagraph 1 5. The body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of a notification ~~where an accreditation certificate is used or within two months of a notification where accreditation is not used~~. Amendment 46 # Bernadette VERGNAUD Proposal for a directive Article 40 – paragraph 1 – subparagraph 1a (new) Member States shall also take all appropriate measures to ensure that explosives may be placed on the market only if they are properly stored and used for their intended purpose. Amendment 47 # Ashley FOX Proposal for a directive Article 50 – paragraph 1 – subparagraph 1 1. Member States shall adopt and publish , by [insert date – 2three years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2 (7), 2 (9)-(24), 3- 10, 14 (1), 19 (1) (a) (i), 20-26, 27 (1)-(4), 27 (6)-(7), 27 (10)-(11), 28-44, 48, 49 and Annex II . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. Amendment 48 # Bernadette VERGNAUD Proposal for a directive Annex II – point 2 module C2 – paragraph 7 – subparagraph 3 ~~Where the tests are carried out by notified body, t~~The manufacturer shall, under the responsibility of the notified body, affix the notified body's identification number during the manufacturing process. source: PE-491.120

Amendments

Dossier

2011/0349(COD)

2012/06/12 IMCO 17 amendments...

Amendment 32 #

Christel SCHALDEMOSE

Proposal for a directive
Recital 43

(43) Manufacturers and importers need to be given reasonable, but limited, time to exercise any rights under national rules in force before the date of application of national rules transposing this Directive in order, for example, to sell their stocks of manufactured products. It is necessary to provide for transitional arrangements that allow making available on the market explosives that have already been placed on the market in accordance with Directive 93/15/EEC.

Amendment 33 #

Bernadette VERGNAUD

Proposal for a directive
Article 2 – paragraph 1 – point 1

1) ‘explosives’ means the materials and articles considered to be ~~such~~explosive in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations and which are manufactured with a view to producing a practical effect by explosion or a pyrotechnic effect;

Amendment 34 #

Bernadette VERGNAUD

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 3

The CE marking does not need to be affixed on explosives manufactured for own use, explosives transported and delivered unpackaged or in pump trucks for their direct unloading into the blast- hole, and explosives manufactured at the blasting sites which are loaded immediately after being produced (so- called in situ production).deleted

Amendment 35 #

Bernadette VERGNAUD

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1a (new)

When deemed appropriate with regard to the risks presented by an explosive, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of explosives made available on the market, investigate and, if necessary, keep a register of complaints, of non- conforming explosives and of recalls of explosives, and shall keep distributors informed of any such monitoring.

Amendment 36 #

Bernadette VERGNAUD

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1a (new)

When deemed appropriate with regard to the risks presented by an explosive, importers shall, to protect the health and safety of consumers, carry out sample testing of explosives made available on the market, investigate and, if necessary, keep a register of complaints, of non- conforming explosives and of recalls of explosives, and shall keep distributors informed of any such monitoring.

Amendment 37 #

Ashley FOX

Proposal for a directive
Article 20 – paragraph 2

2. The EU declaration of conformity shall have the model structure set out in Annex III to Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II to this Directive and shall be continuously updated. It ~~shall~~may be translated, upon request, into the language or languages required by the Member State in which market the explosive is placed or made available.

Amendment 38 #

Bernadette VERGNAUD

Proposal for a directive
Article 24 – paragraph 2

2. ~~Member States may decide that t~~The assessment and monitoring referred to in paragraph 1 shall be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008.

Amendment 39 #

Bernadette VERGNAUD

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of explosives, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.deleted

Amendment 40 #

Bernadette VERGNAUD

Proposal for a directive
Article 27 – paragraph 4 – subparagraph 1

level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of explosives nor the authorised representative of any of those parties. This shall not preclude the use of explosives that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes.

Amendment 41 #

Bernadette VERGNAUD

Proposal for a directive
Article 27 – paragraph 4 – subparagraph 2

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, marketing , installation, use or maintenance of ~~those~~ explosives or represent the parties engaged in those activities . They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services.

Amendment 42 #

Bernadette VERGNAUD

Proposal for a directive
Article 30 – paragraph 2

2. That application shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the explosive or explosives for which that body claims to be competent, as well as by an accreditation certificate~~, where one exists,~~ issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 27.

Amendment 43 #

Bernadette VERGNAUD

Proposal for a directive
Article 30 – paragraph 3

3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 27.deleted

Amendment 44 #

Bernadette VERGNAUD

Proposal for a directive
Article 31 – paragraph 4

4. Where a notification is not based on an accreditation certificate as referred to in Article 30(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 27.deleted

Amendment 45 #

Bernadette VERGNAUD

Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1

5. The body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of a notification ~~where an accreditation certificate is used or within two months of a notification where accreditation is not used~~.

Amendment 46 #

Bernadette VERGNAUD

Proposal for a directive
Article 40 – paragraph 1 – subparagraph 1a (new)

Member States shall also take all appropriate measures to ensure that explosives may be placed on the market only if they are properly stored and used for their intended purpose.

Amendment 47 #

Ashley FOX

Proposal for a directive
Article 50 – paragraph 1 – subparagraph 1

1. Member States shall adopt and publish , by [insert date – 2three years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2 (7), 2 (9)-(24), 3- 10, 14 (1), 19 (1) (a) (i), 20-26, 27 (1)-(4), 27 (6)-(7), 27 (10)-(11), 28-44, 48, 49 and Annex II . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

Amendment 48 #

Bernadette VERGNAUD

Proposal for a directive
Annex II – point 2 module C2 – paragraph 7 – subparagraph 3

~~Where the tests are carried out by notified body, t~~The manufacturer shall, under the responsibility of the notified body, affix the notified body's identification number during the manufacturing process.

source: PE-491.120

History

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

2023-08-03Show (11) Changes | Timetravel

docs/0	date 2011-11-21T00:00:00 docs url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0771/COM_COM(2011)0771_EN.pdf title: COM(2011)0771 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0771 title: EUR-Lex summary PURPOSE: to align Directive 93/15/EEC on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses 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 the making available on the market and supervision of explosives for civil uses 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 Council Directive 93/15/EEC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Council Directive 93/15/EEC and the essential safety 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 pyrotechnic 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 93/15/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 93/15/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. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. type Legislative proposal body EC
docs/3	date 2012-11-29T00:00:00 docs url: https://www.europarl.europa.eu/doceo/document/A-7-2012-0256_EN.html title: A7-0256/2012 type Committee report tabled for plenary, 1st reading/single reading body EP
docs/4	date 2012-02-20T00:00:00 docs url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0771 title: COM(2011)0771 type Contribution body IT_SENATE
docs/5	date 2012-01-16T00:00:00 docs url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0771 title: COM(2011)0771 type Contribution body PT_PARLIAMENT
docs/6	date 2012-02-19T00:00:00 docs url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2011)0771 title: COM(2011)0771 type Contribution body IT_SENATE
docs/7	date 2012-01-15T00:00:00 docs url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2011)0771 title: COM(2011)0771 type Contribution body PT_PARLIAMENT
events/0/docs/1/url	Old https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=771 New https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0771
events/3	date 2012-11-28T00:00:00 type Committee report tabled for plenary, 1st reading body EP docs url: https://www.europarl.europa.eu/doceo/document/A-7-2012-0256_EN.html title: A7-0256/2012
events/3	date 2012-11-29T00:00:00 type Committee report tabled for plenary, 1st reading body EP docs url: https://www.europarl.europa.eu/doceo/document/A-7-2012-0256_EN.html title: A7-0256/2012 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 the making available on the market and supervision of explosives for civil uses (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: Definitions : ‘ explosives ’ shall mean the materials and articles considered to be explosives in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations. The term ' ammunition ' has been included. It shall mean projectiles and propelling charges, including blank ammunition, used in portable firearms, other guns and artillery. 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 ensure that their explosives are accompanied by instructions and safety information. Such instructions and safety information as well as any labelling shall be clear, understandable and intelligible . As regards the identification and keeping track of explosives, economic operators shall not be required to update the information referred to in the Directive after supply is finalised. 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 explosives for civil use that have already been placed on the market in accordance with Directive 93/15/EEC. Economic operators should be able to sell stocks of explosives for civil use 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 also 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. When issuing a single EU declaration of conformity could cause specific problems due to the complexity or scope of that single EU declaration, it should be possible to replace that single EU declaration by individual EU declarations of conformity relevant for the particular explosive. Notified 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 : Member States shall also take all appropriate measures to ensure that explosives are placed on the market only if they are properly stored and used for their intended purpose. 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 explosive concerned, such as withdrawal of the explosive 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 explosives which were lawfully placed on the market before the transposition date 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.
events/4/docs	url: https://www.europarl.europa.eu/doceo/document/CRE-7-2014-02-04-TOC_EN.html title: Debate in Parliament
links/National parliaments/url	Old http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2011&number=0349&appLng=EN New https://ipexl.europarl.europa.eu/IPEXL-WEB/dossier/code=COD&year=2011&number=0349&appLng=EN

2021-12-18Show (14) Changes | Timetravel

docs/0/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE488.066 New https://www.europarl.europa.eu/doceo/document/IMCO-PR-488066_EN.html
docs/1/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.120 New https://www.europarl.europa.eu/doceo/document/IMCO-AM-491120_EN.html
events/0/docs/0/url	Old http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0771/COM_COM(2011)0771_EN.pdf New http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0771/COM_COM(2011)0771_EN.pdf
events/1/type	Old Committee referral announced in Parliament, 1st reading/single reading New Committee referral announced in Parliament, 1st reading
events/2/type	Old Vote in committee, 1st reading/single reading New Vote in committee, 1st reading
events/3	date 2012-11-29T00:00:00 type Committee report tabled for plenary, 1st reading body EP docs url: https://www.europarl.europa.eu/doceo/document/A-7-2012-0256_EN.html title: A7-0256/2012 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 the making available on the market and supervision of explosives for civil uses (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: Definitions : ‘ explosives ’ shall mean the materials and articles considered to be explosives in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations. The term ' ammunition ' has been included. It shall mean projectiles and propelling charges, including blank ammunition, used in portable firearms, other guns and artillery. 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 ensure that their explosives are accompanied by instructions and safety information. Such instructions and safety information as well as any labelling shall be clear, understandable and intelligible . As regards the identification and keeping track of explosives, economic operators shall not be required to update the information referred to in the Directive after supply is finalised. 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 explosives for civil use that have already been placed on the market in accordance with Directive 93/15/EEC. Economic operators should be able to sell stocks of explosives for civil use 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 also 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. When issuing a single EU declaration of conformity could cause specific problems due to the complexity or scope of that single EU declaration, it should be possible to replace that single EU declaration by individual EU declarations of conformity relevant for the particular explosive. Notified 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 : Member States shall also take all appropriate measures to ensure that explosives are placed on the market only if they are properly stored and used for their intended purpose. 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 explosive concerned, such as withdrawal of the explosive 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 explosives which were lawfully placed on the market before the transposition date 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.
events/3	date 2012-11-29T00:00:00 type Committee report tabled for plenary, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/A-7-2012-0256_EN.html title: A7-0256/2012 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 the making available on the market and supervision of explosives for civil uses (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: Definitions : ‘ explosives ’ shall mean the materials and articles considered to be explosives in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations. The term ' ammunition ' has been included. It shall mean projectiles and propelling charges, including blank ammunition, used in portable firearms, other guns and artillery. 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 ensure that their explosives are accompanied by instructions and safety information. Such instructions and safety information as well as any labelling shall be clear, understandable and intelligible . As regards the identification and keeping track of explosives, economic operators shall not be required to update the information referred to in the Directive after supply is finalised. 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 explosives for civil use that have already been placed on the market in accordance with Directive 93/15/EEC. Economic operators should be able to sell stocks of explosives for civil use 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 also 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. When issuing a single EU declaration of conformity could cause specific problems due to the complexity or scope of that single EU declaration, it should be possible to replace that single EU declaration by individual EU declarations of conformity relevant for the particular explosive. Notified 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 : Member States shall also take all appropriate measures to ensure that explosives are placed on the market only if they are properly stored and used for their intended purpose. 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 explosive concerned, such as withdrawal of the explosive 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 explosives which were lawfully placed on the market before the transposition date 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.
events/4/docs	url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140204&type=CRE title: Debate in Parliament
events/6	date 2014-02-05T00:00:00 type Decision by Parliament, 1st reading body EP docs url: https://www.europarl.europa.eu/doceo/document/TA-7-2014-0085_EN.html title: T7-0085/2014 summary The European Parliament adopted by 615 votes to 15, with 7 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 the making available on the market and supervision of explosives for civil uses (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. In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to explosives. This Directive should not prevent Member States from choosing the competent authorities to carry out those tasks. Scope : this Directive shall apply to explosives for civil uses. The Directive shall not apply to: (a) explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police; (b) pyrotechnic articles falling within the scope of Directive 2013/29/EU; (c) ammunition, except in cases provided for in the Directive. The definition of ’ammunition’ has been introduced to mean projectiles with or without propelling charges and blank ammunition used in portable firearms, other guns and artillery. This Directive should apply to all forms of supply, including distance selling . Parliament introduced an Annex I containing a non-exhaustive list of pyrotechnic articles and ammunition respectively identified following the United Nations recommendations on the transport of dangerous goods. Identification and traceability of explosives : economic operators should adhere to a uniform system for the unique identification and traceability of explosives, that takes into account their size, shape or design, except where it is not necessary to place a unique identification on the explosive due to its low level of hazard. The system should provide for the collection and storage of data, including where appropriate by electronic means, enabling the unique identification and traceability of the explosive as well as for the placement of a unique identification on the explosive and/or its packaging enabling access to that data. The data should be tested at regular intervals and protected against accidental or malicious damage or destruction and should be stored for 10 years after the transaction took place or, where the explosives have been used or disposed of, 10 years after their use or disposal, even if the economic operator has ceased trading. Obligations of importers : manufacturers should ensure that explosives which they have placed on the market bear a unique identification in accordance with the system for the identification and traceability of explosives. For explosives excluded from that system, manufacturers should indicate on the explosive 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 explosive. Manufacturers should ensure that explosives which they have placed on the market are accompanied by instructions and safety information in a language which can be easily understood by end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, should be clear, understandable and intelligible . 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. Identification of economic operators : for explosives not covered by the identification and traceability of explosives system, economic operators should, on request, identify the following to the market surveillance authorities: (a) any economic operator who has supplied them with an explosive; (b) any economic operator to whom they have supplied an explosive. Economic operators shall be able to present this information for 10 years after they have been supplied with the explosive and for 10 years after they have supplied the explosive. Licence or authorisation : economic operators shall be in possession of a licence or authorisation which entitles them to engage in the manufacture, storage, use, import, export, transfer or trade of explosives. EU declaration of conformity : in order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity. 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. 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. Market surveillance : Member States shall take all appropriate measures to ensure that explosives may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health or safety of persons. Where the market surveillance authorities of one Member State have sufficient reason to believe that an explosive presents a risk to the health or safety of persons, or to property or the environment, they should carry out an evaluation in relation to the explosive concerned. Restrictive measures in case of non-compliance : appropriate restrictive measures, such as withdrawal of the explosive from the market should be taken in respect of the explosive concerned without delay. Rules on penalties applicable to infringements by economic operators could include criminal penalties for serious infringements. Implementing measures : in order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to compliant explosives which present a risk to the health or safety of persons, or to property or the environment, imperative grounds of urgency so require. 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.
events/6	date 2014-02-05T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/TA-7-2014-0085_EN.html title: T7-0085/2014 summary The European Parliament adopted by 615 votes to 15, with 7 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 the making available on the market and supervision of explosives for civil uses (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. In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to explosives. This Directive should not prevent Member States from choosing the competent authorities to carry out those tasks. Scope : this Directive shall apply to explosives for civil uses. The Directive shall not apply to: (a) explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police; (b) pyrotechnic articles falling within the scope of Directive 2013/29/EU; (c) ammunition, except in cases provided for in the Directive. The definition of ’ammunition’ has been introduced to mean projectiles with or without propelling charges and blank ammunition used in portable firearms, other guns and artillery. This Directive should apply to all forms of supply, including distance selling . Parliament introduced an Annex I containing a non-exhaustive list of pyrotechnic articles and ammunition respectively identified following the United Nations recommendations on the transport of dangerous goods. Identification and traceability of explosives : economic operators should adhere to a uniform system for the unique identification and traceability of explosives, that takes into account their size, shape or design, except where it is not necessary to place a unique identification on the explosive due to its low level of hazard. The system should provide for the collection and storage of data, including where appropriate by electronic means, enabling the unique identification and traceability of the explosive as well as for the placement of a unique identification on the explosive and/or its packaging enabling access to that data. The data should be tested at regular intervals and protected against accidental or malicious damage or destruction and should be stored for 10 years after the transaction took place or, where the explosives have been used or disposed of, 10 years after their use or disposal, even if the economic operator has ceased trading. Obligations of importers : manufacturers should ensure that explosives which they have placed on the market bear a unique identification in accordance with the system for the identification and traceability of explosives. For explosives excluded from that system, manufacturers should indicate on the explosive 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 explosive. Manufacturers should ensure that explosives which they have placed on the market are accompanied by instructions and safety information in a language which can be easily understood by end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, should be clear, understandable and intelligible . 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. Identification of economic operators : for explosives not covered by the identification and traceability of explosives system, economic operators should, on request, identify the following to the market surveillance authorities: (a) any economic operator who has supplied them with an explosive; (b) any economic operator to whom they have supplied an explosive. Economic operators shall be able to present this information for 10 years after they have been supplied with the explosive and for 10 years after they have supplied the explosive. Licence or authorisation : economic operators shall be in possession of a licence or authorisation which entitles them to engage in the manufacture, storage, use, import, export, transfer or trade of explosives. EU declaration of conformity : in order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity. 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. 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. Market surveillance : Member States shall take all appropriate measures to ensure that explosives may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health or safety of persons. Where the market surveillance authorities of one Member State have sufficient reason to believe that an explosive presents a risk to the health or safety of persons, or to property or the environment, they should carry out an evaluation in relation to the explosive concerned. Restrictive measures in case of non-compliance : appropriate restrictive measures, such as withdrawal of the explosive from the market should be taken in respect of the explosive concerned without delay. Rules on penalties applicable to infringements by economic operators could include criminal penalties for serious infringements. Implementing measures : in order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to compliant explosives which present a risk to the health or safety of persons, or to property or the environment, imperative grounds of urgency so require. 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.
procedure/Modified legal basis	Rules of Procedure EP 150
procedure/Other legal basis	Rules of Procedure EP 159
procedure/instrument/1	See also 2007/0029(COD) See also 2007/0030(COD) Amended by 2017/0353(COD)
procedure/instrument/1	Repealing Directive 93/15/EEC See also 2007/0029(COD) See also 2007/0030(COD) Amended by 2017/0353(COD)

2020-01-19Show (8) Changes | Timetravel

committees/0	type Responsible Committee body EP associated False committee_full Internal Market and Consumer Protection committee IMCO rapporteur name: ROITHOVÁ Zuzana date: 2011-11-29T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE shadows name: SCHALDEMOSE Christel group: Progressive Alliance of Socialists and Democrats abbr: S&D name: MANDERS Antonius group: Alliance of Liberals and Democrats for Europe abbr: ALDE name: RÜHLE Heide group: Greens/European Free Alliance abbr: Verts/ALE name: FOX Ashley group: European Conservatives and Reformists abbr: ECR name: SALVINI Matteo group: Europe of Freedom and Democracy abbr: EFD
committees/0	type Responsible Committee body EP associated False committee_full Internal Market and Consumer Protection committee IMCO date 2011-11-29T00:00:00 rapporteur name: ROITHOVÁ Zuzana group: European People's Party (Christian Democrats) abbr: PPE shadows name: SCHALDEMOSE Christel group: Progressive Alliance of Socialists and Democrats abbr: S&D name: MANDERS Antonius group: Alliance of Liberals and Democrats for Europe abbr: ALDE name: RÜHLE Heide group: Greens/European Free Alliance abbr: Verts/ALE name: FOX Ashley group: European Conservatives and Reformists abbr: ECR name: SALVINI Matteo group: Europe of Freedom and Democracy abbr: EFD
committees/2/date
docs/3/body	EC
events/0	date 2011-11-21T00:00:00 type Legislative proposal published body EC docs url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0771/COM_COM(2011)0771_EN.pdf title: COM(2011)0771 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=771 title: EUR-Lex summary PURPOSE: to align Directive 93/15/EEC on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses 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 the making available on the market and supervision of explosives for civil uses 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 Council Directive 93/15/EEC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Council Directive 93/15/EEC and the essential safety 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 pyrotechnic 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 93/15/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 93/15/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. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
events/0	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/2011/0771/COM_COM(2011)0771_EN.pdf title: COM(2011)0771 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0771 title: EUR-Lex summary PURPOSE: to align Directive 93/15/EEC on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses 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 the making available on the market and supervision of explosives for civil uses 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 Council Directive 93/15/EEC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Council Directive 93/15/EEC and the essential safety 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 pyrotechnic 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 93/15/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 93/15/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. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
events/3/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-256&language=EN New http://www.europarl.europa.eu/doceo/document/A-7-2012-0256_EN.html
events/6/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0085 New http://www.europarl.europa.eu/doceo/document/TA-7-2014-0085_EN.html

2019-07-06Show (21) Changes | Timetravel

activities	date: 2011-11-21T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0771/COM_COM(2011)0771_EN.pdf title: COM(2011)0771 type: Legislative proposal published celexid: CELEX:52011PC0771:EN 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=A7-2012-256&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0256/2012 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: 2012-11-29T00:00:00 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=21916&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-2014-0085 type: Decision by Parliament, 1st reading/single reading title: T7-0085/2014 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=32014L0028 title: Directive 2014/28 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:096:TOC title: OJ L 096 29.03.2014, p. 0001
commission	body: EC dg: Internal Market, Industry, Entrepreneurship and SMEs commissioner: TAJANI Antonio
committees/0	type Responsible Committee body EP associated False committee_full Internal Market and Consumer Protection committee IMCO date 2011-11-29T00:00:00 rapporteur name: ROITHOVÁ Zuzana group: European People's Party (Christian Democrats) abbr: PPE shadows name: SCHALDEMOSE Christel group: Progressive Alliance of Socialists and Democrats abbr: S&D name: MANDERS Antonius group: Alliance of Liberals and Democrats for Europe abbr: ALDE name: RÜHLE Heide group: Greens/European Free Alliance abbr: Verts/ALE name: FOX Ashley group: European Conservatives and Reformists abbr: ECR name: SALVINI Matteo group: Europe of Freedom and Democracy abbr: EFD
committees/0	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
committees/1	type Committee Opinion body EP associated False committee_full Industry, Research and Energy committee ITRE opinion False
committees/1	body EP responsible False committee_full Industry, Research and Energy committee ITRE
committees/2	type Committee Opinion body EP associated False committee_full Legal Affairs committee JURI date
committees/2	body EP responsible False committee_full Legal Affairs committee JURI
council	body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3295 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3295*&MEET_DATE=20/02/2014 date: 2014-02-20T00:00:00
docs	date: 2012-05-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE488.066 title: PE488.066 type: Committee draft report body: EP date: 2012-06-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.120 title: PE491.120 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: 00047/2013/LEX type: Draft final act body: CSL date: 2014-05-20T00:00:00 docs: url: /oeil/spdoc.do?i=21916&j=0&l=en title: SP(2014)446 type: Commission response to text adopted in plenary date: 2012-02-20T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0771 title: COM(2011)0771 type: Contribution body: IT_SENATE date: 2012-01-16T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0771 title: COM(2011)0771 type: Contribution body: PT_PARLIAMENT
events	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/2011/0771/COM_COM(2011)0771_EN.pdf title: COM(2011)0771 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0771 title: EUR-Lex summary: PURPOSE: to align Directive 93/15/EEC on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses 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 the making available on the market and supervision of explosives for civil uses 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 Council Directive 93/15/EEC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Council Directive 93/15/EEC and the essential safety 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 pyrotechnic 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 93/15/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 93/15/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. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. 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: 2012-11-29T00:00:00 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=A7-2012-256&language=EN title: A7-0256/2012 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 the making available on the market and supervision of explosives for civil uses (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: Definitions : ‘ explosives ’ shall mean the materials and articles considered to be explosives in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations. The term ' ammunition ' has been included. It shall mean projectiles and propelling charges, including blank ammunition, used in portable firearms, other guns and artillery. 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 ensure that their explosives are accompanied by instructions and safety information. Such instructions and safety information as well as any labelling shall be clear, understandable and intelligible . As regards the identification and keeping track of explosives, economic operators shall not be required to update the information referred to in the Directive after supply is finalised. 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 explosives for civil use that have already been placed on the market in accordance with Directive 93/15/EEC. Economic operators should be able to sell stocks of explosives for civil use 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 also 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. When issuing a single EU declaration of conformity could cause specific problems due to the complexity or scope of that single EU declaration, it should be possible to replace that single EU declaration by individual EU declarations of conformity relevant for the particular explosive. Notified 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 : Member States shall also take all appropriate measures to ensure that explosives are placed on the market only if they are properly stored and used for their intended purpose. 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 explosive concerned, such as withdrawal of the explosive 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 explosives which were lawfully placed on the market before the transposition date 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=21916&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-2014-0085 title: T7-0085/2014 summary: The European Parliament adopted by 615 votes to 15, with 7 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 the making available on the market and supervision of explosives for civil uses (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. In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to explosives. This Directive should not prevent Member States from choosing the competent authorities to carry out those tasks. Scope : this Directive shall apply to explosives for civil uses. The Directive shall not apply to: (a) explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police; (b) pyrotechnic articles falling within the scope of Directive 2013/29/EU; (c) ammunition, except in cases provided for in the Directive. The definition of ’ammunition’ has been introduced to mean projectiles with or without propelling charges and blank ammunition used in portable firearms, other guns and artillery. This Directive should apply to all forms of supply, including distance selling . Parliament introduced an Annex I containing a non-exhaustive list of pyrotechnic articles and ammunition respectively identified following the United Nations recommendations on the transport of dangerous goods. Identification and traceability of explosives : economic operators should adhere to a uniform system for the unique identification and traceability of explosives, that takes into account their size, shape or design, except where it is not necessary to place a unique identification on the explosive due to its low level of hazard. The system should provide for the collection and storage of data, including where appropriate by electronic means, enabling the unique identification and traceability of the explosive as well as for the placement of a unique identification on the explosive and/or its packaging enabling access to that data. The data should be tested at regular intervals and protected against accidental or malicious damage or destruction and should be stored for 10 years after the transaction took place or, where the explosives have been used or disposed of, 10 years after their use or disposal, even if the economic operator has ceased trading. Obligations of importers : manufacturers should ensure that explosives which they have placed on the market bear a unique identification in accordance with the system for the identification and traceability of explosives. For explosives excluded from that system, manufacturers should indicate on the explosive 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 explosive. Manufacturers should ensure that explosives which they have placed on the market are accompanied by instructions and safety information in a language which can be easily understood by end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, should be clear, understandable and intelligible . 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. Identification of economic operators : for explosives not covered by the identification and traceability of explosives system, economic operators should, on request, identify the following to the market surveillance authorities: (a) any economic operator who has supplied them with an explosive; (b) any economic operator to whom they have supplied an explosive. Economic operators shall be able to present this information for 10 years after they have been supplied with the explosive and for 10 years after they have supplied the explosive. Licence or authorisation : economic operators shall be in possession of a licence or authorisation which entitles them to engage in the manufacture, storage, use, import, export, transfer or trade of explosives. EU declaration of conformity : in order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity. 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. 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. Market surveillance : Member States shall take all appropriate measures to ensure that explosives may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health or safety of persons. Where the market surveillance authorities of one Member State have sufficient reason to believe that an explosive presents a risk to the health or safety of persons, or to property or the environment, they should carry out an evaluation in relation to the explosive concerned. Restrictive measures in case of non-compliance : appropriate restrictive measures, such as withdrawal of the explosive from the market should be taken in respect of the explosive concerned without delay. Rules on penalties applicable to infringements by economic operators could include criminal penalties for serious infringements. Implementing measures : in order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to compliant explosives which present a risk to the health or safety of persons, or to property or the environment, imperative grounds of urgency so require. 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 93/15/EEC on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package). LEGISLATIVE ACT: Directive 2014/28/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (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 : the Directive shall apply to explosives for civil uses . It aims to ensure that explosives on the market fulfil the requirements providing for a high level of protection of health and safety and other public interests while guaranteeing the functioning of the internal market. It should apply to all forms of supply, including distance selling. This Directive shall not apply to : (i) explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police; (ii) pyrotechnic articles falling within the scope of Directive 2013/29/EU; (iii) ammunition, except in cases provided for in the Directive. A new Annex I, introduced by the Parliament, contains a non-exhaustive list of pyrotechnic articles and ammunition respectively identified following the United Nations recommendations on the transport of dangerous goods. Obligations of economic operators and increased traceability requirements : the Directive clarifies the obligations of manufacturers and introduces obligations for importers and distributors: · When placing their explosives on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements set out in Annex II. Manufacturers shall ensure that explosives which they have placed on the market bear a unique identification in accordance with the system for the identification and traceability of explosives. · Before placing an explosive 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 explosive bears the CE marking. · Before making an explosive available on the market distributors shall verify that the explosive bears the CE marking, that it is accompanied by the required documents. · Importers shall indicate, on the explosive, 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 explosive. · The contact details of the manufacturer and importer shall be in a language easily understood by end-users and market surveillance authorities. Such instructions and safety information , as well as any labelling, shall be clear, understandable and intelligible. · Economic operators who consider or have reason to believe that an explosive which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that explosive into conformity, to withdraw it or recall it, if appropriate. Identification and traceability of explosives : economic operators should adhere to a uniform system for the unique identification and traceability of explosives. Such a system is essential if accurate and complete records of explosives are to be kept at all stages of the supply chain. This should allow the identification and the traceability of an explosive from its production site and its placing on the market until its final user and its use with a view to preventing misuse and theft and to assisting law enforcement authorities in the tracing of the origin of lost or stolen explosives. Identification of economic operators : for explosives not covered by the identification and traceability of explosives system, economic operators should, on request, identify the following to the market surveillance authorities: (a) any economic operator who has supplied them with an explosive; (b) any economic operator to whom they have supplied an explosive. Economic operators shall be able to present this information for 10 years after they have been supplied with the explosive and for 10 years after they have supplied the explosive. Licence or authorisation : economic operators shall be in possession of a licence or authorisation which entitles them to engage in the manufacture, storage, use, import, export, transfer or trade of explosives. 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 provides that the CE marking shall be affixed visibly, legibly and indelibly to the explosive before it is placed on the market. Where that is not possible or not warranted on account of the nature of the explosive, it shall be affixed to the packaging and to the accompanying documents. As requested by the Parliament, Member States should 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 explosive 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 explosives 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 explosive from the market should be taken in respect of the explosive 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 measures : Member States shall not impede the making available on the market of explosives covered by Directive 93/15/EEC which are in conformity with that Directive and which were placed on the market before 20 April 2016. ENTRY INTO FORCE: 18/04/2014. TRANSPOSITION: 19/04/2016. Measures should apply from 20/04/2016. DELEGATED ACTS: the Commission shall be empowered to adopt delegated acts in accordance with Article 47 updating Annex I in order to align it to the United Nations recommendations on the transport of dangerous goods. The power to adopt delegated acts shall be conferred on the Commission for five years (renewable) from 18 April 2014 . The delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act (this period may be extended by two months). If the European Parliament and the Council object, the delegated act shall not enter into force. docs: title: Directive 2014/28 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0028 title: OJ L 096 29.03.2014, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:096:TOC
other	body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: TAJANI Antonio
otherinst	name: European Economic and Social Committee
procedure/Mandatory consultation of other institutions	Economic and Social Committee
procedure/Modified legal basis	Old Rules of Procedure of the European Parliament EP 150 New Rules of Procedure EP 150
procedure/dossier_of_the_committee	Old IMCO/7/07949 New IMCO/7/07949
procedure/final/url	Old http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0028 New https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0028
procedure/instrument	Old Directive New Directive Repealing Directive 93/15/EEC See also 2007/0029(COD) See also 2007/0030(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 3.40.01 Chemical industry, fertilizers, plastics New 2.10.03 Standardisation, EC/EU standards and trade mark, certification, compliance 3.40.01 Chemical industry, fertilizers, plastics
procedure/summary	Repealing Directive 93/15/EEC See also See also

2015-11-04Show (1) Changes | Timetravel

activities/0/docs/0/celexid

CELEX:52011PC0771:EN

2015-11-04Show (2) Changes | Timetravel

activities/0/docs/0/celexid	CELEX:52011PC0771:EN
links/European Commission/title	Old PreLex New EUR-Lex

2015-01-07Show (1) Changes | Timetravel

procedure/subject/0

2.10 Free movement of goods

2014-11-09Show (5) Changes

activities	date: 2011-11-21T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0771/COM_COM(2011)0771_EN.pdf celexid: CELEX:52011PC0771:EN type: Legislative proposal published title: COM(2011)0771 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=A7-2012-256&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0256/2012 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: 2012-11-29T00:00:00 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=21916&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-2014-0085 type: Decision by Parliament, 1st reading/single reading title: T7-0085/2014 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=32014L0028 title: Directive 2014/28 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:096:TOC title: OJ L 096 29.03.2014, p. 0001
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 url: http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2011&number=0349&appLng=EN title: IPEX European Commission url: http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2011&DocNum=0349 title: PreLex
other	body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: TAJANI Antonio
procedure	dossier_of_the_committee IMCO/7/07949 Mandatory consultation of other institutions Economic and Social Committee reference 2011/0349(COD) instrument Directive legal_basis Treaty on the Functioning of the EU TFEU 114-p1 stage_reached Procedure completed summary Repealing Directive 93/15/EEC See also See also subtype Recast Modified legal basis Rules of Procedure of the European Parliament EP 150 title Explosives for civil uses: making available on the market and supervision. Recast. 'Goods package' type COD - Ordinary legislative procedure (ex-codecision procedure) final url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0028 title: Directive 2014/28 subject 2.10 Free movement of goods 2.10.03 Standardisation, EC standards and trademark, certification, compliance 3.40.01 Chemical industry, fertilizers, plastics

Progress: Procedure completed

Lead committee dossier:

IMCO/7/07949

Legal Basis:

Subjects

Links

Events

Documents

Votes

A7-0256/2012 - Zuzana Roithová - Résolution législative #

Germany PPE

For (41)

France PPE

For (26)

Italy PPE

For (25)

Spain PPE

For (25)

Poland PPE

For (24)

Romania PPE

For (13)

Netherlands PPE

For (5)

Czechia PPE

For (2)

Portugal PPE

For (10)

Belgium PPE

For (4)

Sweden PPE

For (5)

Hungary PPE

For (11)

Bulgaria PPE

For (7)

Austria PPE

For (6)

Greece PPE

For (4)

Denmark PPE

For (1)

Slovakia PPE

For (6)

Ireland PPE

For (4)

Finland PPE

For (3)

Croatia PPE

For (5)

Latvia PPE

For (4)

Lithuania PPE

For (2)

Luxembourg PPE

For (3)

Estonia PPE

For (1)

Slovenia PPE

For (3)

Cyprus PPE

For (1)

Malta PPE

For (1)

Germany S&D

For (21)

France S&D

For (13)

Italy S&D

For (16)

Spain S&D

For (21)

United Kingdom S&D

For (12)

Poland S&D

For (6)

Romania S&D

For (11)

Netherlands S&D

For (3)