Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸9 unchanged paragraphs

on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency (COM(2022)0462 – C90313/2022 – 2022/0280(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0462),

– having regard to Article 294(2) and Articles 91 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90313/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 14 December 2022,

– having regard to the opinion of the Committee of the Regions of 8 February 2023,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),(A9-0245/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

ChangedTitle:Title 1: amending Directives 2000/14/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to an internal market emergency

Change 2

RemovedThe machinery directive will likely be repealed by the new machinery regulation by next year. All references to the machinery regulation have been moved to the other proposal for a regulation accompanying the IMERA.

AddedRecital 1: (1) [insert reference to IMERA Regulation] aims to ensure the normal functioning of the internal market, including the free movement of goods, services and persons and ensure the availability of crisis-relevant goods and services and goods and services of strategic importance to citizens, businesses and public authorities during a crisis.

RemovedRecital 6: (6) A number of EU sectoral legal acts lay down harmonised rules regarding the design, manufacture, conformity assessment and placing on the market of certain products. Such legal acts include Directives 2000/14/EC41, 2010/35/EU43 , 2013/29/EU44 , 2014/28/EU45 , 2014/29/EU46 , 2014/30/EU47 , 2014/31/EU48 , 2014/32/EU49 , 2014/33/EU50 , 2014/34/EU51 , 2014/35/EU52 , 2014/53/EU53 and 2014/68/EU54 of the European Parliament and of the Council. Moreover, most of those legal acts are based on the principles of the new approach to technical harmonisation and are also aligned to the reference provisions laid down by Decision 768/2008/EC of the European Parliament and of the Council55 . / (deleted)

AddedRecital 2: (2) The framework established by [insert reference to IMERA Regulation] lays down measures, which should be deployed in a coherent, transparent, efficient, proportionate and timely manner, so as to prevent, mitigate and minimise the impact a crisis may cause on the functioning of the internal market.

RemovedRecital 10: (10) To that end, emergency procedures should be laid down in Directives 2000/14/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU. Those procedures should be available only following the activation of the internal market emergency and only when a specific good covered by those Directives is designated as a crisis-relevant good in accordance with [insert reference to IMERA Regulation].

AddedRecital 3: (3) [insert reference to IMERA Regulation] lays down a multi-layered mechanism consisting of contingency planning, and internal market vigilance and emergency modes.

AddedRecital 4: (4) [insert reference to IMERA Regulation] lays down rules with the objective of safeguarding the free movement of goods, services and persons in the internal market and to ensure the availability of goods and services that are particularly important also in times of crisis. [insert reference to IMERA Regulation] applies to both goods and services.

AddedRecital 5: (5) In order to complement, ensure consistency and further enhance the effectiveness of such measures, it is appropriate to ensure that crisis-relevant goods referred to in [insert reference to IMERA Regulation] may be swiftly placed on the internal market in order to contribute to addressing and mitigating the disruptions.

AddedRecital 6: (6) A number of EU sectoral legal acts lay down harmonised rules regarding the design, manufacture, conformity assessment and placing on the market of certain products. Such legal acts include Directives 2000/14/EC41 , 2010/35/EU43 , 2013/29/EU44 , 2014/28/EU45 , 2014/29/EU46 , 2014/30/EU47 , 2014/31/EU48 , 2014/32/EU49 , 2014/33/EU50 , 2014/34/EU51 , 2014/35/EU52 , 2014/53/EU53 and 2014/68/EU54 of the European Parliament and of the Council. Moreover, most of those legal acts are based on the principles of the new approach to technical harmonisation and are also aligned to the reference provisions laid down by Decision 768/2008/EC EC of the European Parliament and of the Council55 . / (deleted)

AddedRecital 7: (7) Neither the reference provisions laid down by Decision No 768/2008/EC, nor the specific provisions laid down by the sectoral Union harmonisation legislation provide for procedures designed to apply in crisis. It is appropriate to introduce targeted adjustments to those Directives, aimed at responding to impacts of crises affecting products that have been designated as crisis-relevant goods and covered by those Directives.

AddedRecital 8: (8) Experience from the past crises that have affected the internal market has shown that the procedures laid down in the sectoral legal acts are not designed to cater the needs of crisis-response scenarios and do not offer the necessary regulatory flexibility. It is therefore appropriate to provide for a legal basis for such crisis-response procedures as a complement to the measures adopted under [insert reference to IMERA Regulation].

AddedRecital 9: (9) In order to overcome the potential effects of disruptions to the internal market and in order to ensure that crisis-relevant goods are placed on the market swiftly, it is appropriate to provide for a requirement for the conformity assessment bodies to prioritise the conformity assessment applications of such products over any pending applications concerning products which have not been designated as crisis-relevant.

AddedRecital 10: (10) To that end, emergency procedures should be laid down in Directives 2000/14/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and, 2014/68/EU. Those procedures should be available only following the activation of the internal market emergency and only when a specific good covered by those Directives is designated as a crisis-relevant good in accordance with [insert reference to IMERA Regulation].

AddedRecital 11: (11) Furthermore, in cases where the disruptions might affect the conformity assessment bodies or in cases where the testing capacities for such crisis-relevant products would not be sufficient, it is appropriate to provide for the possibility for the national competent authorities to exceptionally and temporarily authorise the placing on the market of products, which have not undergone the usual conformity assessment procedures required by the respective Union sectoral legislation. The authorisation for products granted exceptionally and temporarily should remain valid for six months after deactivation or expiration of the internal market emergency mode, where it does not does not affect in any way the health, safety and security of consumers. After this period, products should only be made available on the market after receiving an authorisation under the normal authorisation procedure provided for under the applicable rules. Products already granted authorisation exceptionally and temporarily authorisation may be re-authorised under the normal authorisation procedure. Nevertheless, products or components already purchased for use, or which are already in use, may continue to be used without new authorisation.

AddedRecital 12: (12) As regards products falling within the scope of those Directives that have been designated as crisis-relevant goods, the national competent authorities should be able, in the context of an ongoing internal market emergency, to derogate from the obligation to carry out those conformity assessment procedures laid down in those Directives, in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products, provided that they comply with the applicable essential safety requirements and that the safety of consumers and end-users is fully assured. Compliance with those substantive requirements may be demonstrated by various means, which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. The specific procedures, which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority. The principle of mutual recognition should apply to the goods placed on the market under that derogation. The competent national authority should keep relevant technical documentation to ensure compliance with applicable rules. Products manufactured during the internal market emergency mode, where derogation from the conformity assessment procedures was authorised, should also be subject to the relevant obligations of traceability provided for in Regulation (EU) 2023…

AddedRecital 13: (13) Where an internal market emergency entails an exponential increase in the demand for certain products and in order to support the efforts of economic operators to meet such demand, it is appropriate to provide technical references, which may be used by the manufacturers to design and produce crisis-relevant goods which comply with the applicable essential health and safety requirements.

Recital 15: (15) With respect to Directives 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/53/EU and 2014/68/EU, the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of Regulation (EU) No 1025/201256 ensuring an equivalent level of protection to that offered by the harmonised European standards comply with the relevant essential health and safety requirements.

Recital 16: (16) Furthermore, with respect to Directives 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU, the Commission should have the possibility to adopt by means of implementing acts common specifications, on which the manufacturers may rely in order to benefit from a presumption of conformity with the applicable essential requirements. The implementing act laying down such common specifications should remain applicable for the duration of the internal market emergency.

Change 3

RemovedRecital 17: (17) With respect to Directives 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU, in exceptional and duly justified circumstances, notably in order to ensure the interoperability among products or systems, the Commission should be able to adopt by means of implementing acts common specifications laying down mandatory technical specifications, with which the manufacturers will be required to comply. The implementing act laying down such common specifications should remain applicable for the duration of the internal market emergency.

AddedRecital 17: deleted

Recital 20: (20) Directives 2000/14/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU should therefore be amended accordingly.

Directive 2000/14/EC

Change 4

ChangedArticle 1 – paragraph 1 – point 1, Article 17a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 17b, 17c and 17d of this Directive only apply if Commission has adopted an implementing act pursuant to Article 2314(5) of [the IMERA Regulation] with respect to this Directive.Regulation].

Directive 2000/14/EC

Change 5

AddedArticle 1 – paragraph 1 – point 1, Article 17a – paragraph 3 – subparagraph 1: 3. Member States shall ensure that measures taken to transpose in Articles 17b, 17c and 17d apply during the internal market emergency mode.

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17a – paragraph 3 – subparagraph 2: deleted

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17a – paragraph 4: deleted

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of equipment designated as crisis-relevant goods as a matter of priority.

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17b – paragraph 4: 4. The prioritisation of applications for conformity assessment of equipment pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for equipment designated as crisis-relevant goods in respect of which they have been notified.

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17c – paragraph 1: 1. By way of derogation from Article 14, the competent national authority, after carrying out a risk assessment, may authorise, on a duly justified request from an economic operator established in its Member State, the placing on the market or putting into service within the territory of that Member State, of specific equipment referred to in Article 12 and listed in the implementing act referred to Article 17a(1) and for which the conformity assessment procedures requiring mandatory involvement of a notified body referred to in Article 14 have not been carried out by a notified body but for which the compliance with all the applicable requirements of this Directive concerning the noise emission in the environment has been demonstrated.

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17c – paragraph 2 – subparagraph 2: deleted

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17c – 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 equipment may be placed on the market or put into service, including at least:

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17c – 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;

AddedDirective 2000/14/EC

AddedArticle 1 – paragraph 1 – point 1, Article 17c – paragraph 3 – point e a (new): (ea) labelling requirements, including radio frequency identification, indicating that the equipment was authorised under the internal market emergency mode.