Changes from report parliamentary committee draft to plenary report

Directive 2014/68/EU

Change 78

RemovedArticle 14 – paragraph 1, Article 43e – paragraph 1 – point -a (new): (-a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation No 1025/2012 were not adopted;

AddedArticle 14 – paragraph 1, Article 43c – 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 pressure equipment or assemblies. 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.

Directive 2014/68/EU

Change 79

RemovedArticle 14 – paragraph 1, Article 43e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive has 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 in the context of the emergency;

AddedArticle 14 – paragraph 1, Article 43c – paragraph 8: 8. The application of Articles 43a to 43g 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 14.

Directive 2014/68/EU

Change 80

ChangedArticle 14 – paragraph 1, Article 43e43c – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Directive shall be8 adopteda in(new): accordance8a. withPressure theequipment examinationand procedureassemblies referredsubject to inderogation Articleunder 44(3).paragraph They1 shall apply to the pressure equipment and assembliesremain placedvalid onfor thesix marketmonths untilafter thedeactivation lastor dayexpiration of the period for which the internal market emergency mode remains active.mode. WhenAfter preparingthis theperiod, draftthey implementingshall actonly establishingbe themade commonavailable specification,on the Commission shall take into account themarket viewsafter ofreceiving relevantan bodiesauthorisation orunder the expert groupnormal andauthorisation shallprocedure dulyprovided consultfor allin relevantthis stakeholders.Directive.

Directive 2014/68/EU

Change 81

RemovedArticle 14 – paragraph 1, Article 43e – 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 I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, may amend the implementing act establishing the common specification in question.

AddedArticle 14 – paragraph 1, Article 43d – 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 safety 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.

Directive 2014/68/EU

Change 82

AddedArticle 14 – paragraph 1, Article 43e – paragraph 1 – point -a: (-a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation (EU) No 1025/2012 were not adopted;

AddedDirective 2014/68/EU

AddedArticle 14 – paragraph 1, Article 43e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive has 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;

AddedDirective 2014/68/EU

AddedArticle 14 – paragraph 1, Article 43e – 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 to this Directive already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedDirective 2014/68/EU

AddedArticle 14 – paragraph 1, Article 43e – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Directive shall be adopted in accordance with the examination procedure referred to in Article 44(3). They shall apply to the pressure equipment and assemblies placed on the market until the last day of the period for which the internal market emergency mode remains active. 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 relevant stakeholders.

AddedDirective 2014/68/EU

AddedArticle 14 – paragraph 1, Article 43e – paragraph 4: 4. By way of derogation from Article 43a(3), nnless there is sufficient reason to believe that the pressure equipment and assemblies covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the pressure equipment and assemblies in compliance with those common specifications which have 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 of this Article and after the expiry or deactivation of the internal market emergency mode in accordance with [the IMERA Regulation].

AddedDirective 2014/68/EU

AddedArticle 14 – paragraph 1, Article 43e – 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 I, 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.

AddedDirective 2014/68/EU

Article 14 – paragraph 1, Article 43f: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 83

AddedDirective 2014/68/EU

AddedArticle 14 – paragraph 1, Article 43g – 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 pressure equipment and assemblies designated as crisis-relevant goods.’