Changes from report parliamentary committee draft to plenary report

Directive 2014/32/EU

Change 45

RemovedArticle 9 – paragraph 1, Article 45e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential requirements set out in Annex I and in the relevant instrument-specific Annexes 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 9 – paragraph 1, Article 45c – paragraph 7: 7. 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 17.

Directive 2014/32/EU

Change 46

ChangedArticle 9 – paragraph 1, Article 45e45c – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in7 accordancea with(new): the7a. examinationMeasuring procedureinstruments referredsubject to inderogation Articleunder 46(3).paragraph They1 shall remain apply to measuring instruments placedvalid onfor 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.Directive.

Directive 2014/32/EU

Change 47

AddedArticle 9 – paragraph 1, Article 45d – introductory part: deleted

AddedDirective 2014/32/EU

AddedArticle 9 – 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 I and in the relevant instrument-specific Annexes to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedDirective 2014/32/EU

AddedArticle 9 – 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;

AddedDirective 2014/32/EU

AddedArticle 9 – 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;

AddedDirective 2014/32/EU

AddedArticle 9 – paragraph 1, Article 45e – paragraph 1 – point b: (b) the 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 requirements set out in Annex I and in the relevant instrument-specific Annexes 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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AddedArticle 9 – 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 46(3). They shall apply to measuring instruments 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.

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AddedArticle 9 – paragraph 1, Article 45e – paragraph 4: 4. By way of derogation from Article 45a(3), unless there is sufficient reason to believe that the measuring instruments covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the measuring instruments in compliance with the said 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].

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AddedArticle 9 – paragraph 1, Article 45e – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential requirements which it aims to cover and which are set out in Annex I and in the relevant instrument-specific Annexes, 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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Article 9 – paragraph 1, Article 45f: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Change 48

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AddedArticle 9 – 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 measuring instruments, designated as crisis-relevant goods.

Directive 2014/33/EU

Change 49

ChangedArticle 10 – paragraph 1, Article 41a – paragraph 1: 1. Member States shall ensure that measures taken to transpose Articles 41b to 41g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 2314(5) of [the IMERA Regulation] with respect to this Directive.Regulation].

Directive 2014/33/EU

Change 50

AddedArticle 10 – paragraph 1, Article 41a – paragraph 3 – subparagraph 1: 3. Member States shall ensure that measures taken to transpose Articles 41b to 41g apply during the internal market emergency mode.

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AddedArticle 10 – paragraph 1, Article 41a – paragraph 3 – subparagraph 2: deleted

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AddedArticle 10 – paragraph 1, Article 41a – paragraph 4: deleted

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AddedArticle 10 – paragraph 1, Article 41b – paragraph 2: 2. The notified bodies shall ensure all reasonable efforts are made to process all applications for conformity assessment of lifts and safety components for lifts designated as crisis-relevant goods as a matter of priority.

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AddedArticle 10 – paragraph 1, Article 41b – paragraph 4: 4. The prioritisation of applications for conformity assessment of lifts and safety components for lifts pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

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AddedArticle 10 – paragraph 1, Article 41b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made increase their testing capacities for lifts and safety components for lifts designated as crisis-relevant goods in respect of which they have been notified.

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AddedArticle 10 – paragraph 1, Article 41c – paragraph 1: 1. By way of derogation from Article 15, 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 making available or putting into service within the territory of that Member State, of a specific safety component for lifts which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring mandatory involvement of a notified body referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential health and safety requirements has been demonstrated.

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AddedArticle 10 – paragraph 1, Article 41c – paragraph 3 – subparagraph 2: deleted

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AddedArticle 10 – paragraph 1, Article 41c – paragraph 4 – introductory part: 4. Any authorisation issued by a national competent authority pursuant to paragraphs 1 or 2 shall set out the conditions and requirements under which the lift or a the safety component for lifts may be placed on the market, made available or put into service respectively, including at least:

AddedDirective 2014/33/EU

AddedArticle 10 – paragraph 1, Article 41c – 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;

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AddedArticle 10 – paragraph 1, Article 41c – paragraph 4 – point e a: (ea) labelling requirements, including radio frequency identification, indicating that the lifts and safety components for lifts were authorised under the internal market emergency mode.

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AddedArticle 10 – paragraph 1, Article 41c – paragraph 5: 5. By way of derogation from Article 41a(3), where appropriate, the national competent authority may also amend the conditions and requirements referred to in paragraph 4 of this Article after the deactivation or expiry of the internal market emergency mode.

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Article 10 – paragraph 1, Article 41c – paragraph 6: deleted

Directive 2014/33/EU

Change 51

RemovedArticle 10 – paragraph 1, Article 41e – 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 10 – paragraph 1, Article 41c – 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 lifts or safety components for lifts. 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 2014/33/EU

Change 52

RemovedArticle 10 – paragraph 1, Article 41e – paragraph 1 – point a: (a) where no reference to harmonised standards covering the relevant essential health and 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 10 – paragraph 1, Article 41c – paragraph 9: 9. The application of Articles 41a to 41g 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 15 or 16.

Directive 2014/33/EU