Changes from report parliamentary committee draft to plenary report

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42b – paragraph 4: 4. The prioritisation of applications for conformity assessment of pyrotechnic articles pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for pyrotechnic articles designated as crisis-relevant goods in respect of which they have been notified.

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42c – paragraph 1: 1. By way of derogation from Article 17, 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 within the territory of that Member State, of a specific pyrotechnic article which has been designated as crisis-relevant good and for which the conformity assessment procedures which require the mandatory involvement of a notified body referred to in Article 17 have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42c – paragraph 3: deleted

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42c – paragraph 4 – introductory part: 4. Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the pyrotechnic article may be placed on the market, including at least:

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42c – paragraph 4 – point a: (a) a description of the procedures, by means of which the compliance with the applicable essential safety requirements of this Directive was successfully demonstrated;

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42c – paragraph 4 – 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 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42c – paragraph 4 – point e a (new): (ea) labelling requirements, including radio frequency identification, indicating that the pyrotechnic article was authorised under the internal market emergency mode.

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42c – paragraph 5: 5. By way of derogation from Article 42a(3), where appropriate, the national competent authority may also amend the conditions and requirements referred to in paragraph 3 of this Article after the deactivation or expiry of the internal market emergency mode.

AddedDirective 2013/29/EU

Article 4 – paragraph 1, Article 42c – paragraph 6: deleted

Directive 2013/29/EU

Change 11

RemovedArticle 4 – paragraph 1, Article 42e – 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 4 – paragraph 1, Article 42c – paragraph 7: 7. 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 pyrotechnic articles. 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 2013/29/EU

Change 12

RemovedArticle 4 – paragraph 1, Article 42e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex I 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 4 – paragraph 1, Article 42c – paragraph 9: 9. The application of Articles 42a to 42g 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 17.

Directive 2013/29/EU

Change 13

ChangedArticle 4 – paragraph 1, Article 42e – paragraph 2: 2. The implementing acts referred42 toc in– paragraph 1 of this Article shall be9 adopteda following(new): the9a. examinationPyrotechnic procedurearticles referredsubject to inderogation Articleunder 44(3).paragraph They1 shall applyremain tovalid for pyrotechnic articles placed on thesix marketmonths untilafter the last dayend of thedeactivation periodor forexpiration whichof 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.Regulation.

Change 14

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42d – 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 I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42e – 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;

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42e – paragraph 1 – point a: (a) where a reference to harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive is not 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 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42e – 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 I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42e – 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 44(3). They shall apply to for pyrotechnic articles 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 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42e – paragraph 4: 4. By way of derogation from Article 42a(3), unless there is sufficient reason to believe that the pyrotechnic articles covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the pyrotechnic articles in compliance with the said 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 of this Article and after the expiry or deactivation of the internal market emergency mode in accordance with [the IMERA Regulation].

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42e – 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 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42f: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedDirective 2013/29/EU

AddedArticle 4 – paragraph 1, Article 42g – 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 pyrotechnic articles designated as crisis-relevant goods.

Directive 2014/28/EU

Change 15

RemovedArt. 45a – paragraph 1

AddedArticle 5 – paragraph 1, Article 45a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 45b to 45g of this Directive shall only apply if the Commission has adopted an implementing act pursuant to Article 14(5) of [the IMERA Regulation].

RemovedArticle 5 – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 45b to 45g of this Directive shall only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the IMERA Regulation] with respect to this Directive.

Directive 2014/28/EU

Change 16

AddedArticle 5 – paragraph 1, Article 45a – paragraph 3 – subparagraph 1: Member States shall ensure that measures taken to transpose Articles 45b to 45g apply during the internal market emergency mode.

AddedDirective 2014/28/EU

AddedArticle 5 – paragraph 1, Article 45a – paragraph 3 – subparagraph 2: deleted

AddedDirective 2014/28/EU

AddedArticle 5 – paragraph 1, Article 45a – paragraph 4: deleted

AddedDirective 2014/28/EU

AddedArticle 5 – paragraph 1, Article 45b – paragraph 1: 1. This Article shall apply to explosives designated as crisis-relevant goods, which are subject to conformity assessment procedures, in accordance with Article 20 requiring the mandatory involvement of a notified body.

AddedDirective 2014/28/EU

AddedArticle 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.