Changes from plenary report to adopted text

RemovedArticle 5 – paragraph 1, Article 45b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of explosives designated as crisis-relevant goods as a matter of priority.

RemovedDirective 2014/28/EU

RemovedArticle 5 – paragraph 1, Article 45b – paragraph 4: 4. The prioritisation of applications for conformity assessment of explosives pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, which have lodged those applications.

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RemovedArticle 5 – paragraph 1, Article 45b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for explosives designated as crisis-relevant goods in respect of which they have been notified.

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 1: 1. By way of derogation from Article 20, the competent national authority, after carrying out a risk assessment, may authorise, on a duly justified request, the placing on the market within the territory of that Member State, of a specific explosive which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in Article 20 have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 2 – subparagraph 2: deleted

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 3 – introductory part: 3. Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the explosive may be placed on the market, including at least:

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 3 – point c: (c) an end date of validity of the authorisation, which, unless otherwise specified, cannot go beyond the last day of the period for which the internal market emergency mode has been activated;

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 3 – point e a (new): (ea) labelling requirements, including radio frequency identification, indicating that the explosive was authorised under the internal market emergency mode.

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 4: 4. By way of derogation from Article 45a(3), where appropriate, the national competent authority may also amend the conditions and requirements referred to in paragraph 3 of this Article also after the deactivation or expiry of the internal market Emergency mode.

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 5: deleted

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 6: 6. The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such explosives. The market surveillance authorities shall keep all records related to products authorised under a derogation for a period of 10 years. They shall make those records available to other market surveillance authorities upon request.

RemovedDirective 2014/28/EU

RemovedArticle 5 – paragraph 1, Article 45c – paragraph 8: 8. The application of Articles 45a to 45g and the use of the authorisation procedure set out in paragraph 1 of this Article shall not affect the application of the relevant conformity assessment procedures laid down in Article 20.

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RemovedArticle 5 – paragraph 1, Article 45c – paragraph 8 a (new): 8a. Explosives subject to derogation under paragraph 1 shall remain valid for six months after deactivation or expiration of the internal market emergency mode. After this period, they shall only be made available on the market after receiving an authorisation under the normal authorisation procedure provided for in this Regulation.

RemovedDirective 2014/28/EU

RemovedArticle 5 – paragraph 1, Article 45d – paragraph 1 – introductory part: Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider that the explosives which comply with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential safety requirements set out in Annex II, complies with those essential safety requirements in either of the following cases:

RemovedDirective 2014/28/EU

RemovedArticle 5 – paragraph 1, Article 45d – paragraph 1 – introductory part – point b: (b) where severe disruptions in the functioning of the internal market, which were taken into consideration when activating the internal market emergency mode in accordance with Article 14 of [the IMERA Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Annex II to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

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RemovedArticle 5 – paragraph 1, Article 45e – paragraph 1 – point -a (new): (-a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation (EU) No 1025/2012 were not adopted;

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RemovedArticle 5 – paragraph 1, Article 45e – paragraph 1 – point a: (a) where a reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive has not been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable timeframe during the internal market emergency mode;

RemovedDirective 2014/28/EU

RemovedArticle 5 – paragraph 1, Article 45e – paragraph 1 – point b: (b) where severe disruptions in the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 14 of [the IMERA Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex II already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

RemovedDirective 2014/28/EU

RemovedArticle 5 – paragraph 1, Article 45e – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 49(3). They shall apply to the explosives placed on the market until the last day of the period for which the internal market emergency mode remains applicable in accordance with [the IMERA Regulation]. When preparing the draft implementing act establishing the common specification, the Commission shall take into account the views of relevant bodies and shall duly consult all groups established under relevant stakeholders.

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RemovedArticle 5 – paragraph 1, Article 45e – paragraph 4: 4. By way of derogation from Article 45a(3), unless there is sufficient reason to believe that the explosives covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the explosives in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 and after the expiry or deactivation of the internal market emergency mode in accordance with [the IMERA Regulation].

RemovedDirective 2014/28/EU

RemovedArticle 5 – paragraph 1, Article 45a – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential safety requirements which it aims to cover and which are set out in Annex II, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information. The Commission may amend, where appropriate, the implementing act establishing the common specification in question.

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RemovedArticle 5 – paragraph 1, Article 45f: deleted / (deleted) / (deleted) / (deleted) / (deleted)

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RemovedArticle 5 – paragraph 1, Article 45g – paragraph 2: 2. The market surveillance authorities of the Member States shall ensure all reasonable efforts are made to provide assistance to other market surveillance authorities during an internal market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for explosives, designated as crisis-relevant goods.

RemovedDirective 2014/29/EU

RemovedArticle 6 – paragraph 1, Article 38a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 38b to 38g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 14(5) of [the IMERA Regulation].

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RemovedArticle 6 – paragraph 1, Article 38a – paragraph 3 – subparagraph 1: Member States shall ensure that measures taken to transpose Articles 38b to 38g apply during the internal market emergency mode.

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RemovedArticle 6 – paragraph 1, Article 38a – paragraph 2 – subparagraph 2: deleted

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RemovedArticle 6 – paragraph 1, Article 38a – paragraph 4: deleted

RemovedDirective 2014/29/EU

RemovedArticle 6 – paragraph 1, Article 38 b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of vessels designated as crisis-relevant goods as a matter of priority.

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RemovedArticle 6 – paragraph 1, Article 38b – paragraph 4: 4. The prioritisation of applications for conformity assessment of vessels pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

RemovedDirective 2014/29/EU

RemovedArticle 6 – paragraph 1, Article 38b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for vessels designated as crisis-relevant goods in respect of which they have been notified.

RemovedDirective 2014/29/EU