Changes from report parliamentary committee draft to plenary report

Change 9

RemovedArticle 1 – 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 does not affect the application of the relevant conformity assessment procedures laid down in Article 18.

AddedArticle 1 – 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 Regulation with respect to such subsystems or safety components. 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.

Change 10

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

AddedArticle 1 – paragraph 1, Article 43c – paragraph 7: 7. Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market or incorporation into a cableway installation of subsystems or safety components in accordance with paragraph 1.

Change 11

RemovedArticle 1 – paragraph 1, Article 43e – paragraph 1 – point a a (new): (aa) where a reference to harmonised standards covering the relevant essential requirements set out in Annex II is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and such reference is not expected to be published within a reasonable timeframe in the context of the emergency;

AddedArticle 1 – 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 18.

Change 12

ChangedArticle 1 – paragraph 1, Article 43e43c – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be8 adopteda in(new): accordance8a. withSubsystems theor examinationsafety procedurecomponents referredsubject to in Articlederogation 44(3)under andparagraph they1 shall apply to subsystems or safety componentsremain placedvalid onfor thesix marketmonths untilafter thedeactivation lastor dayexpiration of the period for which the internal market emergency mode remains active. In the early preparation of the draftmode. implementingAfter actthis establishingperiod, thethey commonshall specification,only thebe Commissionmade shallavailable gatheron the views of relevant bodiesmarket orafter expertreceiving groupsan establishedauthorisation under relevant sectoral Union legislation. Based on that consultation, the Commissionnormal shallauthorisation prepareprocedure theprovided draftfor implementingin act.this Regulation.

Change 13

RemovedArticle 1 – paragraph 1, Article 43e – paragraph 2 a (new): 2a. When preparing the draft implementing act establishing the common specification, the Commission shall take into account the views of the relevant bodies or the expert group and shall duly consult all relevant stakeholders.

AddedArticle 1 – paragraph 1, Article 43d – paragraph 1 – point a: deleted

Change 14

RemovedArticle 1 – 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 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 and, if appropriate, may amend the implementing act establishing the common specification in question.

AddedArticle 1 – paragraph 1, Article 43d – paragraph 1 – 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 Regulation and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Change 15

AddedArticle 1 – 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;

AddedRegulation (EU) 2016/424

AddedArticle 1 – paragraph 1, Article 43e– paragraph 1 – point a a (new): (aa) where a reference to harmonised standards covering the relevant essential requirements set out in Annex II is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and such reference is not expected to be published within a reasonable timeframe during the internal market emergency mode;

AddedRegulation (EU) 2016/424

AddedArticle 1 – 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 requirements set out in Annex II to this Regulation and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedRegulation (EU) 2016/424

Change 16

RemovedMandatory common specifications are a novel concept and the added value of mandatory common specifications within a crisis framework over common specifications is unclear.

AddedRegulation (EU) 2016/424

RemovedArticle 1 a (new): Article 1 a / Amendments to Regulation (EU) 2023/XXXX [[General Product Safety Regulation (‘GPSR’)] / In Regulation (EU) 2023/XXXX [GPSR], the following Chapter IIa is inserted: / ‘CHAPTER IIa / EMERGENCY PROCEDURES / Article 8a / Activation of the crisis procedures, relationship with other provisions of this Regulation and deactivation / 1. The provisions laid down in this Chapter shall only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the IMERA Regulation] with respect to this Regulation. / 2. Articles 8b to 8e shall only apply to products which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1. / 3. Articles 8b to 8e shall apply during the internal market emergency mode, except with respect to provisions concerning the powers of the Commission. / 4. The Commission shall be empowered to lay down, by means of implementing acts, rules regarding the follow-up actions to be taken by economic operators or market surveillance authorities with respect to products placed on the market in accordance with this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(3). / Article 8b / Presumption of safety based on national and international standards / Member States shall take all appropriate measures to ensure that, for the purpose of placing products on the market, their competent authorities consider that the products which comply wi…

AddedArticle 1 – paragraph 1, Article 43g – paragraph 2: 2. The market surveillance authorities of the Member States shall ensure best 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 subsystems and safety components designated as crisis-relevant goods.

Change 17

RemovedArticle 2 – paragraph 1, Article 41c new –paragraph 5: deleted

AddedArticle 2 – paragraph 1, Article 41a – paragraph 1: 1. Articles 41b to 43g of this Regulation shall only apply if the Commission has adopted an implementing act pursuant to Article 14(5) of [the IMERA Regulation].

Change 18

ChangedArticle 2 – paragraph 1, Article 41c new41a – paragraph 8: 8. The application2: of2. Articles 41a41b to 41g and the use of the43g authorisationshall procedureapply setexclusively outto inPPE paragraphwhich 1has ofbeen thisdesignated Articleas doescrisis-relevant notgoods affectin the application of theimplementing relevantact conformityreferred assessmentto proceduresin laidparagraph down1 inof Articlethis 19.Article.

Change 19

RemovedArticle 2 – paragraph 1, Article 41e – paragraph 1 – point a: (a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation No 1025/2012 were not adopted;

AddedArticle 2 – paragraph 1, Article 41a – paragraph 3 – subparagraph 1: Articles 41b to 43g, except as regards provisions concerning the powers of the Commission, shall apply during the internal market emergency mode.

Change 20

RemovedArticle 2 – paragraph 1, Article 41e – paragraph 1 – point a a (new): (aa) where a reference to harmonised standards covering the relevant essential requirements set out in Annex II is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and such reference is not expected to be published within a reasonable timeframe in the context of the emergency;

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

Change 21

RemovedArticle 2 – paragraph 1, Article 41e – 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 remain applicable to PPE placed on the market until the last day of the period for which the internal market emergency mode remains active.

AddedArticle 2 – paragraph 1, Article 41a – paragraph 4: deleted

Change 22

ChangedArticle 2 – paragraph 1, Article 41e41b – paragraph 2 a (new): 2a.2: When2. preparingThe thenotified draftbodies implementingshall actensure establishingall thereasonable commonefforts specification,are themade Commissionto shallprocess takeall intoapplications accountfor theconformity viewsassessment of the relevant bodies orPPE expertdesignated groupas andcrisis-relevant shallgoods dulyas consulta allmatter relevantof stakeholders.priority.

Change 23

RemovedArticle 2 – paragraph 1, Article 41e – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and 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 and, if appropriate, may amend the implementing act establishing the common specification in question.

AddedArticle 2 – paragraph 1, Article 41b – paragraph 4: 4. The prioritisation of applications for conformity assessment of PPE pursuant to paragraph 3 shall not give rise to any extraordinary additional costs for the manufacturers, who have lodged those applications.

Change 24

AddedArticle 2 – paragraph 1, Article 41b – paragraph 5: 5. The notified bodies shall ensure all reasonable efforts are made to increase their testing capacities for PPE designated as crisis-relevant goods in respect to which they have been notified.

AddedRegulation (EU) 2016/425

AddedArticle 2 – paragraph 1, Article 41c – paragraph 1: 1. By way of derogation from Article 19, 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 PPE which has been designated as crisis-relevant goods 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.

AddedRegulation (EU) 2016/425

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

AddedRegulation (EU) 2016/425

Change 25

AddedRegulation (EU) 2016/425

AddedArticle 2 – paragraph 1, Article 41g – paragraph 2: 2. The market surveillance authorities of the Member States shall ensure best 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 PPE designated as crisis-relevant goods.’

Change 26

AddedArticle 3 – paragraph 1, Article 40a – title: Application of emergency procedures

AddedRegulation (EU) 2016/426

AddedArticle 3 – paragraph 1, Article 40a – paragraph 1: 1. Articles 40b to 40g of this Regulation shall only apply if the Commission has adopted an implementing act pursuant to Article 14(5) of [the IMERA Regulation] activating Article 26 of [the IMERA Regulation].

AddedRegulation (EU) 2016/426

AddedArticle 3 – paragraph 1, Article 40a – paragraph 2: 2. Articles 40b to 40g shall apply exclusively to appliances and fittings, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

AddedRegulation (EU) 2016/426

Change 27

RemovedArticle 3 – paragraph 1, Article 40c – paragraph 8: 8. The application of Articles 40a to 40g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 14.

AddedArticle 3 – paragraph 1, Article 40c – 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 Regulation with respect to such appliances or fittings. 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.

Change 28

RemovedArticle 3 – paragraph 1, Article 40e – paragraph 1 – point a: (a) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation No 1025/2012 were not adopted;

AddedArticle 3 – paragraph 1, Article 40c – paragraph 8: 8. The application of Articles 40a to 40g 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.

Change 29

RemovedArticle 3 – paragraph 1, Article 40e – paragraph 1 – point a a (new): (aa) where a reference to harmonised standards covering the relevant essential requirements set out in Annex II is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and such reference is not expected to be published within a reasonable timeframe in the context of the emergency;

AddedArticle 3 – paragraph 1, Article 40c – paragraph 8 a (new): 8a. Appliances and fittings 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.

Change 30

ChangedArticle 3 – paragraph 1, Article 40e40d – paragraph 2:1 2.– Thepoint implementingb: acts(b) referredwhere tosevere disruptions in paragraphthe 1functioning of thisthe Articleinternal shallmarket, bewhich adoptedwere taken into consideration when activating the internal market emergency mode in accordance with Article 14 of [the IMERA Regulation], significantly restrict the examinationpossibilities procedureof referredmanufacturers to inmake Articleuse 42(3).of Theythe shallharmonised applystandards tocovering appliancesthe relevant essential health and fittingssafety placedrequirements onset theout marketin noAnnex longerI thanto untilthis theRegulation lastand dayalready ofpublished in the periodOfficial forJournal whichof the internalEuropean marketUnion emergencyin modeaccordance remainswith active.Regulation (EU) No 1025/2012.

Change 31

RemovedArticle 3 – paragraph 1, Article 40e – paragraph 2 a (new): 2a. When preparing the draft implementing act establishing the common specification, the Commission shall take into account the views of the relevant bodies or the expert group and shall duly consult all relevant stakeholders.

AddedArticle 3 – paragraph 1, Article 40e – 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;

Change 32

RemovedArticle 3 – paragraph 1, Article 40f: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 3 – paragraph 1, Article 40e – paragraph 1 – point a a (new): (aa) where a reference to harmonised standards covering the relevant essential requirements set out in Annex II is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and such reference is not expected to be published within a reasonable timeframe during the internal market emergency mode;

AddedRegulation (EU) 2016/426

AddedArticle 3 – paragraph 1, Article 40e – 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 requirements set out in Annex I in this Regulation and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedRegulation (EU) 2016/426

AddedArticle 3 – paragraph 1, Article 40e – 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 42(3). They shall apply to appliances and fittings placed on the market no longer than 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 the relevant bodies and shall duly consult all relevant stakeholders.

Change 33

AddedArticle 4 – paragraph 1, Article 41a – paragraph 1: 1. Articles 41b to 41g of this Regulation shall only apply if the Commission has adopted an implementing act pursuant to Article 14(5) of [the IMERA Regulation].

AddedRegulation (EU) 2019/1009

AddedArticle 4 – paragraph 1, Article 41a – paragraph 2: 2. Articles 41b to 41g shall apply exclusively to fertilising products which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

AddedRegulation (EU) 2019/1009

AddedArticle 4 – paragraph 1, Article 41a – paragraph 3 – subparagraph 1: 3. Articles 41b to 41g, except as regards provisions concerning the powers of the Commission, shall apply during the internal market emergency mode.

AddedRegulation (EU) 2019/1009

Change 34

AddedArticle 4 – paragraph 1, Article 41c – 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 Regulation with respect to such fertilising products. 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.

AddedRegulation (EU) 2019/1009

Change 35

ChangedArticle 4 – paragraph 1, Article 41e41c – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in8 accordancea with(new): the8a. examinationFertilising procedureproducts referredsubject to inderogation Articleunder 45(3).paragraph They1 shall apply to EU fertilising productsremain placedvalid onfor thesix marketmonths untilafter thedeactivation lastor dayexpiration of the period for which the internal market emergency mode remains active in accordance with [the IMERA Regulation]. When preparing the draft implementing actmode. establishingAfter thethis commonperiod, specification,they theshall Commissiononly shallbe takemade intoavailable accounton the viewsmarket ofafter thereceiving relevantan bodiesauthorisation orunder the expert groupnormal andauthorisation shallprocedure dulyprovided consultfor allin relevantthis stakeholders.Regulation.

Change 36

RemovedArticle 4 – paragraph 1, Article 41e – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the requirements set out in Annexes I and II, 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 4 – paragraph 1, Article 41d – paragraph 1: Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider as complying with requirements set out in Annex I, II or III of this Regulation fertilising products which comply with relevant international standards or any relevant national standards in force in the Member State of manufacture, ensuring a safety level equivalent to that required by the requirements set out in Annex I, II or III, comply with those essential requirements in either of the following cases:

Change 37

AddedArticle 4 – paragraph 1, Article 41d – paragraph 1 – point a (new): (a) where a reference to harmonised standards covering the relevant essential requirements set out in Annex I, II or III or tests referred to in Article 13(2) of this Regulation is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

AddedRegulation (EU) 2019/1009

AddedArticle 4 – paragraph 1, Article 41d – paragraph 1 – point b (new): (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 requirements set out in Annex I, II or III or tests referred to in Article 13(2) of this Regulation and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedRegulation (EU) 2019/1009

AddedArticle 4 – paragraph 1, Article 41e – paragraph 1: 1. Where EU fertilising products have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such EU fertilising products for the requirements set out in Annex I, II or III or tests referred to in Article 13(2) of this Regulation:

AddedRegulation (EU) 2019/1009

Change 38

RemovedArticle 4 a (new): Article 4a / Amendments to Regulation (EU) 2023/XXXX [Machinery Regulation] / In Regulation (EU)2023/XXXX, the following Chapter VIIa is inserted: / ‘CHAPTER VIIa / Emergency procedures / Article 46a / Application of emergency procedures / 1. Articles 46b to 46g of this Regulation shall only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the IMERA Regulation] with respect to this Regulation. / 2. Articles 46b to 46g shall apply exclusively to machinery, which has been designated as a crisis-relevant good in the implementing act referred to in paragraph 1. / 3. Articles 46b to 46g shall apply during the internal market emergency mode, except with respect to provisions concerning the powers of the Commission. However, 46c(2), second subparagraph, and Article 46c(5), shall apply during the internal market emergency mode and after its deactivation or expiry. / 4. The Commission shall be empowered to lay down, by means of implementing acts, rules regarding the follow-up actions to be taken with respect to machinery placed on the market in accordance with this Chapter. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(3). / Article 46b / Prioritisation of the conformity assessment of crisis-relevant machinery / 1. This Article shall apply to machinery designated as a crisis-relevant good, which is subject to conformity assessment procedures in accordance with Article 21, which require …

AddedRegulation (EU) 2019/1009

RemovedRegulation (EU) 305/2011

AddedArticle 4 – paragraph 1, Article 41g – paragraph 2: 2. The market surveillance authorities of the Member States shall ensure best 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 fertilising products designated as crisis-relevant goods.’

AddedRegulation (EU) 2023/988

AddedArticle 4 a (new) – paragraph 1 – point 1 (new), Article 2 – paragraph 1 – point b: Article 4 a / Amendments to Regulation (EU) 2023/988 / Regulation (EU) 2023/988 is amended as follows: / (1) In Article 2(1), point (b) is replaced by the following: / “(b) Chapter IIa, Chapter III, Section 1, Chapters V and VII and Chapters IX to XI do not apply.”

Change 39

ChangedRegulation (EU) No 305/2011

Change 40

RemovedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 8: 8. The application of Articles 59a to 59f and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant procedures for the assessment and verification of constancy of performance required by Article 28.

AddedArticle 5 – paragraph 1 – point 1, Article 59c – 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 Regulation with respect to such construction products. 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.

Change 41

ChangedRegulation (EU) No 305/2011

Change 42

RemovedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 1 – point a a (new): (aa) where the European standardisation deliverables addressing a request pursuant to Article 10(1) of Regulation No 1025/2012 were not adopted;

AddedArticle 5 – paragraph 1 – point 1, Article 59c – paragraph 8: 8. The application of Articles 59a to 59f and the use of the authorisation procedure set out in paragraph 1 of this Article shall not affect the application of the relevant procedures for the assessment and verification of constancy of performance required by Article 28.

Change 43

ChangedRegulation (EU) No 305/2011

Change 44

ChangedArticle 5 – paragraph 1 – point 1, Article 59d59c – paragraph 2: 2. The implementing acts referred to in paragraph 1 of this Article shall be adopted following8 a consultation of the Standing Committee(new): on8a. Construction and in accordance with the examination procedureproducts referredsubject to inderogation Articleunder 64(2a).paragraph They1 shall apply to construction productsremain 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.Regulation.

Change 45

ChangedRegulation (EU) No 305/2011

Change 46

RemovedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 5: 5. When a Member State considers that a common specification referred to in paragraph 1 is incorrect in terms of criteria and methods for the assessment of performance in relation to essential characteristics, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, may amend the implementing at establishing the common specification in question

AddedArticle 5 – paragraph 1 – point 1, Article 59d – 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;

Change 47

ChangedRegulation (EU) No 305/2011

Change 48

AddedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 1 – point a a (new): (aa) where a reference to harmonised standards covering the relevant essential requirements set out in Annex II is not published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and such reference is not expected to be published within a reasonable timeframe during the internal market emergency mode;

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59d – paragraph 1 – point b: (b) where 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, providing the relevant methods and criteria for assessing the performance of those product in relation to their essential characteristics, and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59d – 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 64(2a). They shall apply to construction products 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.

AddedRegulation (EU) No 305/2011

Change 49

AddedRegulation (EU) No 305/2011

AddedArticle 5 – paragraph 1 – point 1, Article 59f – paragraph 2: 2. The market surveillance authorities of the Member States shall ensure best 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 construction products designated as crisis-relevant goods.’

AddedArticle 6 – paragraph 2: It shall apply from [OP- please insert the date identical to the date of application of the IMERA Regulation].