Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | IMCO | ROITHOVÁ Zuzana (PPE) | SCHALDEMOSE Christel (S&D), MANDERS Toine (ALDE), RÜHLE Heide (Verts/ALE), FOX Ashley (ECR), SALVINI Matteo (EFD) |
Opinion | ITRE | ||
Opinion | JURI |
Legal Basis TFEU 114-p1
Activites
- 2014/03/29 Final act published in Official Journal
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2014/02/26
Final act signed
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2014/02/26
End of procedure in Parliament
- #3295
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2014/02/20
Council Meeting
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2014/02/20
Act adopted by Council after Parliament's 1st reading
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2014/02/05
Results of vote in Parliament
- Results of vote in Parliament
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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.
- 2014/02/04 Debate in Parliament
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2012/11/29
Committee report tabled for plenary, 1st reading/single reading
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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.
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A7-0256/2012
summary
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2012/07/10
Vote in committee, 1st reading/single reading
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2011/11/30
Committee referral announced in Parliament, 1st reading/single reading
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2011/11/21
Legislative proposal published
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COM(2011)0771
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.
- DG {'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}, TAJANI Antonio
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COM(2011)0771
summary
Documents
- Legislative proposal published: COM(2011)0771
- Committee report tabled for plenary, 1st reading/single reading: A7-0256/2012
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0085/2014
- : Directive 2014/28
- : OJ L 096 29.03.2014, p. 0001
Amendments | Dossier |
17 |
2011/0349(COD)
2012/06/12
IMCO
17 amendments...
Amendment 32 #
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 #
Proposal for a directive Article 2 – paragraph 1 – point 1 1) ‘explosives’ means the materials and articles considered to be
Amendment 34 #
Proposal for a directive Article 6 – paragraph 2 – subparagraph 3 Amendment 35 #
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 #
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 #
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
Amendment 38 #
Proposal for a directive Article 24 – paragraph 2 2.
Amendment 39 #
Proposal for a directive Article 27 – paragraph 3 – subparagraph 2 Amendment 40 #
Proposal for a directive Article 27 – paragraph 4 – subparagraph 1 Amendment 41 #
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
Amendment 42 #
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
Amendment 43 #
Proposal for a directive Article 30 – paragraph 3 Amendment 44 #
Proposal for a directive Article 31 – paragraph 4 Amendment 45 #
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
Amendment 46 #
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 #
Proposal for a directive Article 50 – paragraph 1 – subparagraph 1 1. Member States shall adopt and publish , by [insert date –
Amendment 48 #
Proposal for a directive Annex II – point 2 module C2 – paragraph 7 – subparagraph 3 source: PE-491.120
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