Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
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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T7-0089/2014
summary
The European Parliament adopted by 650 votes to 14, with 10 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of lifts and safety components for lifts (recast). Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement reached between the European Parliament and the Council. They amended the proposal as follows: Further align the Directive to the “new legislative framework” and ensure legal certainty: the amendments made by the Parliament seek to ensure that the proposed Directive is more consistent with the terms used by Decision No 768/2008/EC and to eliminate any inconsistencies in the text which could otherwise create legal uncertainty. Purpose and scope: it is stated that the lifts covered by this Directive only come into existence as finished products once they have been permanently installed in buildings or constructions. The Directive covers safety components for lifts which are new to the Union market when they are placed on the market; that is to say they are either new safety components made by a manufacturer in the Union or new or second-hand safety components imported from a third country. This Directive aims to ensure that lifts and safety components for lifts on the market fulfil the requirements providing for a high level of protection of health or safety and, where appropriate, to the safety of property. This Directive should apply to all forms of supply, including distance selling. Obligations of economic operators: installers and manufacturers should draw up the technical documentation and carry out the relevant conformity assessment procedure. They should keep the technical documentation for 10 years after the lift has been placed on the market. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Installers should indicate, on the lift, their name, registered trade name or registered trade mark and the postal address at which they can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities. In order to facilitate communication between economic operators, market surveillance authorities and end-users, Member States should encourage economic operators to include a website address in addition to the postal address. Before making a safety component for lifts available on the market, distributors shall verify that the safety component for lifts bears the CE marking, that it is accompanied by the EU declaration of conformity, by the required documents and by the instructions referred to in point 6.1 of Annex I, in a language which can be easily understood by end-users. Conformity assessment procedures: in certain cases where the person responsible for the design and manufacture of the lift and the person responsible for the installation and testing of the lift are not the same, the former shall supply to the latter all the necessary documents and information to enable the latter to ensure correct and safe installation and testing of the lift. 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 should take all appropriate measures to ensure that safety components for lifts may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health and safety of persons. Restrictive measures in case of non-compliance: Member States should ensure that appropriate restrictive measures, such as withdrawal of a safety component for lifts from the market, are taken in respect of the measuring instrument concerned without delay. Rules on penalties applicable to infringements by economic operators may include criminal penalties for serious infringements. These penalties should be effective, proportionate and dissuasive. Stock: distributors should therefore be able to supply safety components for lifts that have been placed on the market, namely stock that is already in the distribution chain, before the date of application of national measures transposing this Directive. Implementing measures: in order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. On duly justified imperative grounds of urgency relating to the protection of health and safety of persons, the Commission should adopt immediately applicable implementing acts. The Commission should be assisted by the Lifts Committee. 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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2012/07/25
Committee report tabled for plenary, 1st reading/single reading
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A7-0260/2012
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 making available on the market of lifts and safety components for lifts (recast). The committee recommends that the position of the European Parliament adopted in first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows: Further align the Directive to the new legislative framework and ensure legal certainty: Members propose to amend the proposed Directive in order to reach a higher level of consistency with the terms used by the Decision No 768/2008/EC and to eliminate the possible inconsistencies in the text which could otherwise create legal uncertainty. They also want to clarify the legal situation for products that have been legally placed on the market in compliance with the current Directive before the new Directive applies, but which are still in stock. In this respect, they suggest that economic operators should be able to sell stocks of simple pressure vessels that are already in the distribution chain on the date of application of national measures transposing the Directive. Obligations imposed on economic operators: each lift must be accompanied by instructions and safety information. Manufacturers shall draw up the required technical documentation and carry out the applicable conformity assessment procedure. An amendment stipulates that manufacturers shall indicate, on the instrument (or on the label if this is not possible), their name, registered trade name or registered trade mark the postal, or, if available, the website address at which they can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities. With a view to enhancing consumer protection, each lift must be accompanied by instructions and safety information for use drawn up in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions and safety information, and any labelling, shall be clear, understandable and intelligible. It is also proposed to enhance the safety requirements of vulnerable consumers by ensuring that the concept of the safety also includes the safety of children, elderly and the persons with disabilities in those cases, when the lifts are intended for transport of persons. Moreover, they consider that all obligations imposed on economic operators by this Directive should also apply in the case of distance selling. EU declaration of conformity: upon request of the market surveillance authority, the economic operator shall provide a copy of the EU declaration of conformity in paper form or by electronic means and shall ensure that it is translated into the language or languages required by the Member State in which market the non-automatic weighing instruments is placed or made available. To cut red tape, Members state that 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. Restrictive measures in the case of non-compliance: appropriate restrictive measures should be taken, such as withdrawal of the instrument from their market, without delay. Improve market surveillance: Members propose that the Member States: (i) provide, on an annual basis, the Commission with details of the activities of their market surveillance authorities; (ii) provide adequate funding to their market surveillance authorities in order to ensure that their activities are coherent and effective across the Union. Improper marking and penalties: Members call on the Member States to build upon existing mechanisms to ensure correct application of the regime governing the CE marking and to take appropriate action in the event of improper use of the marking. Rules on penalties applicable to infringements by economic operators may include criminal penalties for serious infringements. The penalties shall be effective, proportionate to the seriousness of the offence. Transparency: the Commission should have the obligation to publish on the Internet the national provisions of transposed Directive and relevant sanctions.
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A7-0260/2012
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)0770
summary
PURPOSE: to align Directive 95/16/EC on the harmonisation of the laws of the Member States relating to making available on the market of lifts and safety components for lifts 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 making available on the market of lifts and safety components for lifts is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products. IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options: Option 1 – No changes to the current situation; Option 2 – Alignment to the NLF Decision by non-legislative measures; Option 3 – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives. Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 95/16/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 95/16/EC and the essential health and 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 lifts and safety components for lifts 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 product 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 95/16/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 95/16/EC on the placing on the market of lifts and safety components for lifts has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their products 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 product 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)0770
summary
Documents
- Legislative proposal published: COM(2011)0770
- Committee report tabled for plenary, 1st reading/single reading: A7-0260/2012
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0089/2014
- : Directive 2014/33
- : OJ L 096 29.03.2014, p. 0251
Amendments | Dossier |
39 |
2011/0354(COD)
2012/06/07
IMCO
39 amendments...
Amendment 34 #
Proposal for a directive Recital 5 (5) Economic operators should be responsible for the compliance of lifts and safety components for lifts, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of public interests, such as health and safety, and the protection of consumers, including a high level of protection of vulnerable consumers, and to guarantee fair competition on the Union market.
Amendment 35 #
Proposal for a directive Recital 30 (30) The existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to lifts or safety components for lifts presenting a
Amendment 36 #
Proposal for a directive Recital 35 a (new) (35a) The harmonised standards relevant to this Directive should also fully take into account the United Nations Convention on the Rights of Persons with Disabilities, signed by the European Union on 23 December 2010.
Amendment 37 #
Proposal for a directive Recital 37 (37) 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 and putting into service of lifts that have already been placed on the market in accordance with Directive 95/16/EC.
Amendment 38 #
Proposal for a directive Article 2 – paragraph 1 – point 8 (8) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specifi
Amendment 39 #
Proposal for a directive Article 2 – paragraph 1 – point 12 a (new) (12a) 'accreditation' shall have the meaning assigned to it by Regulation (EC) No 765/2008;
Amendment 40 #
Proposal for a directive Article 2 – paragraph 1 – point 12 b (new) (12b) 'national accreditation body' shall have the meaning assigned to it by Regulation (EC) No 765/2008;
Amendment 41 #
Proposal for a directive Article 2 – paragraph 1 – point 13 Amendment 42 #
Proposal for a directive Article 2 – paragraph 1 – point 14 (14) ‘conformity assessment’ means the
Amendment 43 #
Proposal for a directive Article 2 – paragraph 1 – point 16 (16) ‘recall’ means any measure aimed at achieving the return of a safety component for lifts that has already been made available to the installer or end-user;
Amendment 44 #
Proposal for a directive Article 2 – paragraph 1 – point 17 (17) ‘withdrawal’ means any measure aimed at preventing a lift from being
Amendment 45 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall take all appropriate measures to ensure that the lifts covered by this Directive may be placed on the market and put into service only if they do not endanger the health or safety of persons or, where appropriate, the safety of property, when properly installed and maintained and used for their intended purpose or for a purpose that can be reasonably foreseen within the scope of application of this Directive.
Amendment 46 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Where it does not make it impossible to install a lift in an existing building due to the limited space available, therefore damaging other vulnerable users such as children, elderly or persons with limited disabilities, a lift shall be made available on the market only if it is constructed in such way that it can be easily used and accessed by persons with disabilities.
Amendment 47 #
Proposal for a directive Article 7 – paragraph 7 7. Installers shall ensure that the lift is accompanied by the instruction
Amendment 48 #
Proposal for a directive Article 8 – paragraph 4 4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity. Changes to product design or characteristics and changes to the harmonised standards or to technical specifications by reference to which conformity of a product is declared shall be adequately taken into account. When deemed appropriate with regard to the risks presented by a safety component for lifts, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of safety component for lifts made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming safety component for lifts and recalls of the safety component for lifts, and shall keep distributors and installers informed of any such monitoring.
Amendment 49 #
Proposal for a directive Article 8 – paragraph 6 6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by consumers and market surveillance authorities, and the address at which they can be contacted on the safety component for lifts or, where that is not possible, a label inseparably attached to the safety component for lifts. The address must indicate a single point at which the manufacturers can be contacted.
Amendment 50 #
Proposal for a directive Article 10 – paragraph 3 3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by consumers and market surveillance authorities, and the address at which they can be contacted on the safety component for lifts or, where that is not possible, on its packaging or in a document accompanying the safety component.
Amendment 51 #
Proposal for a directive Article 17 – paragraph 2 2. The EU declaration of conformity shall have the model structure set out in Annex II, shall contain the elements specified in the relevant modules set out in Annex V, VIII, X, XI or XII, and shall be continuously updated. It
Amendment 52 #
Proposal for a directive Article 19 – paragraph 3 – point c (c)
Amendment 53 #
Proposal for a directive Article 19 – paragraph 4 – point a (a)
Amendment 54 #
Proposal for a directive Article 19 – paragraph 4 – point b (b)
Amendment 55 #
Proposal for a directive Article 19 – paragraph 4 – point b a (new) (ba) conformity to type with random checking for safety components for lifts referred to in Annex IX.
Amendment 56 #
Proposal for a directive Article 21 – paragraph 2 2.
Amendment 57 #
Proposal for a directive Article 24 – paragraph 3 – subparagraph 2 Amendment 58 #
Proposal for a directive Article 24 – paragraph 4 – subparagraph 1 4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, purchaser, owner, user or maintainer of safety components for lifts
Amendment 59 #
Proposal for a directive Article 24 – 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 the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of lifts
Amendment 60 #
Proposal for a directive Article 27 – paragraph 2 2. That application shall be accompanied by a description of the conformity assessment procedures for lifts or for safety components for lifts for which the body claims to be competent, as well as by an accreditation certificate
Amendment 61 #
Proposal for a directive Article 27 – paragraph 3 Amendment 62 #
Proposal for a directive Article 28 – paragraph 4 Amendment 63 #
Proposal for a directive Article 28 – 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
Amendment 64 #
Proposal for a directive Article 38 – paragraph 4 – subparagraph 1 4. Where the installer does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to restrict the placing on their national market
Amendment 65 #
Proposal for a directive Article 38 – paragraph 5 – point a (a) failure of the lift or the safety component for lifts to meet the essential health and safety requirements set out in
Amendment 66 #
Proposal for a directive Article 38 – paragraph 7 7. Where, within
Amendment 67 #
Proposal for a directive Article 39 – paragraph 2 – subparagraph 1 2. If the national measure relating to a lift is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant lift is restricted to be placed on their national market
Amendment 68 #
Proposal for a directive Article 41 – paragraph 1 – point a (a) the CE marking has been affixed in violation Article 30 of Regulation (EC) No 765/2008 or of Article
Amendment 69 #
Proposal for a directive Article 46 – paragraph 1 – subparagraph 1 Member States shall adopt and publish, by [day (generally the last day of a month)/month/year =
Amendment 70 #
Proposal for a directive Annex I – part 4 – point 4.8 4.8. The car
Amendment 71 #
Proposal for a directive Annex I – part 4 – point 4.9 4.9. The means of communication referred to in Point 4.5 and the emergency lighting referred to in Point 4.8 must be designed and constructed so as to function even without the normal power supply. Their period of operation
Amendment 72 #
Proposal for a directive Annex I – part 6 – point 6.2 – introductory part 6.2. Each lift must be accompanied by instructions
source: PE-491.132
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2.10 Free movement of goods
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