Awaiting Parliament 1st reading / single reading / budget 1st stage
Next event: Indicative plenary sitting date, 1st reading/single reading 2015/09/08
Role | Committee | Rapporteur | Shadows |
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Opinion | ENVI | ||
Lead | IMCO | STIHLER Catherine (S&D) | BUȘOI Cristian-Silviu (EPP), DALTON Daniel (ECR), CHARANZOVÁ Dita (ALDE), DURAND Pascal (Verts/ALE) |
Lead | IMCO | ||
Opinion | INTA | ||
Opinion | ITRE |
Legal Basis TFEU 114
Activites
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2015/09/08
Indicative plenary sitting date, 1st reading/single reading
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2015/04/30
Committee report tabled for plenary, 1st reading/single reading
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2015/04/23
Vote in committee, 1st reading/single reading
- #3363
- 2014/12/17 Council Meeting
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2014/07/03
Committee referral announced in Parliament, 1st reading/single reading
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2014/05/12
Legislative proposal published
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COM(2014)0258
summary
PURPOSE: to amend Directive 2009/142/EC to ensure that appliances burning gaseous fuels on the market fulfil the requirements providing for a high level of protection of health and safety of users and protection of domestic animals or property and for rational use of energy. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND : Directive 2009/142/EC setting out the conditions for the placing on the market and putting into service of appliance burning gaseous fuels is based on the “New Approach” principles regarding technical harmonisation and standards. It sets out only the essential requirements applying to appliances burning gaseous fuels, whereas technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) in accordance with Regulation (EU) No 1025/2012 on European Standardisation. Experience from the implementation of Directive 2009/142/EC has shown the need to modify some of its provisions in order to clarify and update them and ensure thus legal certainty as regards the definitions relating to its scope, the content of the Member States' communications of their gas types and supply pressures and certain essential requirements.The Commission proposes to replace Directive 2009/142/EC with a Regulation, so as to impose clear and detailed rules which do not give room for divergent transposition by Member States and ensure a uniform implementation throughout the Union. IMPACT ASSESSMENT: the option of modifying Directive 2009/142/EC was found to be the preferred option because: (i) it is considered more effective since it will be enforceable in law ; (ii) it does not entail significant costs for economic operators and notified bodies; (iii) no significant economic or social impacts could be identified. CONTENT: the proposed Regulation does not change the current scope of Directive 2009/142/EC. However, it modifies some of its provisions in order to clarify and update their content. The proposed Regulation is also aligned to the provisions of Decision No 768/2008/EC establishing a common framework for the marketing of products (NLF Decision). The proposal provides for : · the removal of the outdated temperature limit of 105°C from the definition of the scope; · the introduction of currently missing definitions for the sector specific terminology under Directive 2009/142/EC; · the introduction of a harmonised content and form of the communications of Member States on the types of gas and corresponding supply pressures used on their territory; · the clarification of the relationship between Directive 2009/142/EC and other EU harmonisation legislation, including Ecodesign implementing measures under Directive 2009/125/EC and other Union energy policy instruments; · the improvement of the readability of some of the provisions of Directive 2009/142/EC. The modification also includes the following points: Making available on the market of gas appliances and fittings, obligations of economic operators, CE marking, free movement: the proposal contains the typical provisions for product-related Union harmonisation legislation and sets out the obligations of the relevant economic operators (manufacturers, authorised representatives, importers and distributors), in accordance with the NLF Decision. The proposed Regulation keeps the existing provision according to which fittings do not bear the CE marking. However, in order to improve clarity, the certificate accompanying fittings under Directive 2009/142/EC has been qualified as “Fitting conformity certificate”, in order to better define its content and clarify its relationship with the EU declaration of conformity requirement under other possibly applicable Union harmonisation legislation. Notified bodies: in line with the NLF Decision, the proposal reinforces the notification criteria for notified bodies and introduces specific requirements for notifying authorities. Conformity assessment: the proposal keeps the conformity assessment procedures provided for under Directive 2009/142/EC. However, it updates the corresponding modules in line with the NLF Decision. In particular, it keeps the requirement for a notified body intervention in the design and production phase of all appliances and fittings. Furthermore, it keeps the current approach for the design phase, according to which the type examination of the product by the notified body takes the form of examination of the complete appliance or fitting. Therefore, in accordance with the NLF Decision, it provides only for the EU-type examination – production type. ENTRY INRO FORCE: the proposed Regulation will become applicable two years after its entry into force to allow manufacturers, notified bodies, Member States and European Standardisation Bodies, time to adapt to the new requirements. A transitional provision is envisaged for the certificates issued by notified bodies under Directive 2009/142/EC so as to allow stocks to be absorbed and ensure a smooth transition to the new requirements. 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/dgs/internal_market/', 'title': 'Internal Market and Services'}, BIEŃKOWSKA Elżbieta
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COM(2014)0258
summary
Documents
- Legislative proposal published: COM(2014)0258
- Debate in Council: 3363
Amendments | Dossier |
28 |
2014/0136(COD)
2015/03/04
IMCO
28 amendments...
Amendment 202 #
Proposal for a regulation Recital 15 (15) The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels in order to ensure their correct installation, use and maintenance. Correct installation, use and maintenance is the key to preventing carbon monoxide (CO) poisoning, especially taking into account the fact that CO has no colour, scent or taste and is therefore very hard to detect for potential victims.
Amendment 203 #
Proposal for a regulation Recital 15 (15) The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels
Amendment 204 #
Proposal for a regulation Recital 15 (15) The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels in order to ensure their correct installation, use and maintenance, and thus help prevent carbon monoxide (CO) poisoning and the leakage of concentrations of all substances harmful to health and safety.
Amendment 205 #
Proposal for a regulation Recital 17 (17) As this Regulation does not cover such risks caused by appliances burning gaseous fuels in case of incorrect installation, maintenance or use, Member States are strongly encouraged to take measures to ensure that public is made aware of the health and safety risks related to combustion products and
Amendment 206 #
Proposal for a regulation Recital 17 (17) As this Regulation does not cover such risks caused by appliances burning gaseous fuels in case of incorrect installation, maintenance or use, Member States are strongly encouraged to take measures to ensure that public is made aware of the health and safety risks related to combustion products and in particular to carbon monoxide.
Amendment 207 #
Proposal for a regulation Recital 43 (43) Manufacturers of appliances burning gaseous fuels and fittings should draw up an EU declaration of conformity to provide information required under this Regulation on the conformity of an appliance with the requirements of this Regulation and of other relevant Union harmonisation
Amendment 208 #
Proposal for a regulation Recital 44 (44) To ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union Acts for an appliance burning gaseous fuels and fittings should be available in a single EU declaration of conformity.
Amendment 209 #
Proposal for a regulation Recital 45 Amendment 210 #
Proposal for a regulation Recital 47 (47) Fittings are not appliances burning gaseous fuels, but intermediate products
Amendment 211 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 a (new) (32a) 'normal variation in the gas quality' means a variation of the gas quality with which the appliance is designed to operate at the nominal performance level ensuring compliance with other relevant Union legal acts.
Amendment 212 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 b (new) (32b) 'normal fluctuation in the supply pressure' means fluctuation of the normal supply pressure over the lifetime with which the appliance operates at the nominal performance level ensuring compliance with other relevant Union legal acts.
Amendment 213 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 c (new) (32c) 'normal fluctuation in the gas quality' means fluctuation of the gas quality over the lifetime of the appliance with which the appliance is designed to operate at the nominal performance level ensuring compliance with other relevant Union legal acts.
Amendment 214 #
Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Where compliance of a fitting with the applicable requirements has been demonstrated by the procedure referred to in the first subparagraph, manufacturers shall draw up a
Amendment 215 #
Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 When deemed appropriate with regard to the risks presented by an appliance or a fitting, manufacturers shall, to protect the
Amendment 216 #
Proposal for a regulation Article 7 – paragraph 7 – subparagraph 2 Manufacturers shall ensure that the fitting is accompanied by
Amendment 217 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 2 Before placing a fitting on the market, importers shall ensure that the appropriate conformity assessment procedure
Amendment 218 #
Proposal for a regulation Article 9 – paragraph 2 – subparagraph 2 a (new) Amendment 219 #
Proposal for a regulation Article 9 – paragraph 4 – subparagraph 2 Importers shall ensure that the fitting is accompanied by
Amendment 220 #
Proposal for a regulation Article 9 – paragraph 6 (6) When deemed appropriate with regard to the risks presented by an appliance or a fitting, importers shall, to protect the health and safety of consumers and the users, upon a duly justified request of the competent authorities, carry out sample testing of appliances or fittings made available on the market, investigate, and, if necessary, keep a register of complaints of nonconforming appliances or fittings and recalls of such appliances, and shall keep distributors informed of any such monitoring.
Amendment 221 #
Proposal for a regulation Article 10 – paragraph 2 – subparagraph 2 Before making a fitting available on the market distributors shall verify that the fitting
Amendment 222 #
Proposal for a regulation Article 10 – paragraph 2 – subparagraph 2 a (new) Amendment 223 #
Proposal for a regulation Article 18 – paragraph 1 (1) The CE marking and the inscriptions referred to in Annex IV shall be affixed visibly, legibly and indelibly to the appliance or to its data plate. Where that is not possible or warranted on account of the nature of the appliance, the CE marking shall be affixed to the packaging and to the instructions accompanying the appliance.
Amendment 224 #
Proposal for a regulation Article 18 – paragraph 2 (2) The inscriptions referred to point 2 of Annex IV shall be affixed, visibly, legibly and indelibly to the fitting or to its data plate, as far as relevant. Where that is not possible or warranted on account of the nature of the fitting, the CE marking shall be affixed to the packaging and to the instructions accompanying the fitting.
Amendment 225 #
Proposal for a regulation Article 18 – paragraph 3 (3) The CE marking and/or the inscriptions referred to in Annex IV shall be affixed before the appliance or the fitting is placed on the market. Where that is not possible or warranted on account of the nature of the appliance or fitting, the CE marking shall be affixed to the packaging and to the instructions accompanying the appliance or fitting.
Amendment 226 #
Proposal for a regulation Annex I – part 1 – point 1.6.1 – paragraph 2 The instructions for installation shall include also information on the technical specifications of the interface between the appliance and its installation environment allowing its correct connection to the gas supply network, the supply of auxiliary energy, the combustion air supply
Amendment 227 #
Proposal for a regulation Annex I – part 1 – point 1.6.2 – paragraph 2 The manufacturer of the appliance shall include in the instructions accompanying the appliance, all necessary information for adjustment, operation and maintenance of the fittings as part of the finished appliance, as appropriate. Such instructions may note where maintenance by a professional would be advisable.
Amendment 228 #
Proposal for a regulation Annex I – part 3 – point 3.4 – point 3.4.4 3.4.4. Appliances shall be so designed and constructed that, when used normally, they do not cause a concentration of any substances harmful to health, such as they would be likely to present a danger to the health of persons and domestic animals exposed.
Amendment 229 #
Proposal for a regulation Annex III – part 1 – point 1.6 – paragraph 3 source: 549.463
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History
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