2011/0350(COD)

Simple pressure vessels: making available on the market. Recast. 'Goods package'

Awaiting Parliament 1st reading / single reading / budget 1st stage

General
Activities
Documents
Amendments (16)
History

2011/0350(COD) Simple pressure vessels: making available on the market. Recast. 'Goods package'
Next event: Indicative plenary sitting date, 1st reading/single reading 2013/09/10

Role	Committee	Rapporteur	Shadows
Lead	IMCO	ROITHOVÁ Zuzana (EPP)	SCHALDEMOSE Christel (S&D), MANDERS Toine (ALDE), RÜHLE Heide (Verts/ALE), FOX Ashley (ECR), SALVINI Matteo (EFD)
Opinion	ITRE
Opinion	JURI

Lead committee dossier: IMCO/7/07940
Legal Basis TFEU TFEU 114-p1

Subjects

Links

Activites

2013/09/10 Indicative plenary sitting date, 1st reading/single reading
2012/09/12 Committee report tabled for plenary, 1st reading/single reading
- A7-0261/2012 summary
  
  The Committee on the Internal Market and Consumer Protection adopted the report by Zuzana ROITHOVÁ (EPP, CZ) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels (recast). The committee recommends that the position of the European Parliament adopted in first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows: Further align the Directive to the new legislative framework and ensure legal certainty: Members propose to amend the proposed Directive in order to reach a higher level of consistency with the terms used by the Decision No 768/2008/EC and to eliminate the possible inconsistencies in the text which could otherwise create legal uncertainty. They also want to clarify the legal situation for products that have been legally placed on the market in compliance with the current Directive before the new Directive applies, but which are still in stock. In this respect, they suggest that economic operators should be able to sell stocks of simple pressure vessels that are already in the distribution chain on the date of application of national measures transposing the Directive. Obligations of economic operators: manufacturers and importers shall indicate, on the vessel (or packaging), their name, registered trade name or registered trade mark and the postal, or, if available, the website address at which they can be contacted. The contact details shall be in the language easily understood by end-users and market surveillance authorities. Members wish to strengthen consumer protection through a provision stating that instructions and safety information as well as any labelling shall be clear, understandable and intelligible. Furthermore, they consider that all obligations imposed on economic operators by the Directive should also apply in the case of distance selling. EU declaration of conformity: upon the request of the market surveillance authorities, the economic operator shall provide a copy of the EU declaration of conformity in paper form or by electronic means and shall ensure that it is translated into the language or languages required by the Member State in which market the vessel is placed or made available. In order to cut down red tape, it should be possible to replace the single EU declaration by individual EU declarations of conformity relevant for the particular vessel, when issuing a single EU declaration of conformity could cause specific problems due to the complexity or scope of that single EU declaration. Restrictive measures in cases of non-conformity: Member States shall ensure that appropriate restrictive measures are taken in respect of the vessel concerned, such as withdrawal of the vessel from the market, without delay. Improve market surveillance: the report proposes that Member States shall: (i) provide the Commission annually with details of the activities of their market surveillance authorities; (ii) provide adequate funding to their market surveillance authorities in order to ensure that their activities are coherent and effective across the Union. Improper marking and penalties: Members want Member States to build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of the marking. Rules on penalties applicable to infringements by economic operators may include criminal penalties for serious infringements. Transparency: the Commission shall publish on the internet the penalties applicable and national provisions transposing the directive.
- IMCO IMCO/7/07940 ROITHOVÁ Zuzana EPP
- ITRE
- JURI
2012/07/10 Vote in committee, 1st reading/single reading
- IMCO IMCO/7/07940 ROITHOVÁ Zuzana EPP
- ITRE
- JURI
2012/06/07 Amendments tabled in committee
- PE491.169
2012/05/07 Committee draft report
- PE488.062
2011/11/30 Committee referral announced in Parliament, 1st reading/single reading
- IMCO IMCO/7/07940 ROITHOVÁ Zuzana EPP
- ITRE
- JURI
2011/11/21 Legislative proposal
- COM(2011)0768 summary
  
  PURPOSE : to align Directive 2009/105/EC on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: experience with the implementation of Union harmonisation legislation has shown on a cross-sector scale certain weaknesses and inconsistencies in the implementation and enforcement of this legislation, leading to: the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking; competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules; unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices; differing practices in the designation of conformity assessment bodies by national authorities; problems with the quality of certain notified bodies. To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the New Legislative Framework was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products. This proposal on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels is presented in the framework of the implementation of the goods package adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products. IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options: Option 1 No changes to the current situation; Option 2 Alignment to the NLF Decision by non-legislative measures; Option 3 Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives. Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 2009/105/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 2009/105/EC and the essential safety requirements. The main elements of the proposal are as follows: Horizontal definitions: the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation. Obligations of economic operators and traceability requirements: the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the pyrotechnic articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions. Harmonised standards: compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011, the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2009/105/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements. Conformity assessment and CE marking: Directive 2009/105/EC on the placing on the market of simple pressure vessels has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision. Notified Bodies: the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. Market surveillance and the safeguard clause procedure: the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found. BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget.
- DG {u'url': u'http://ec.europa.eu/enterprise/', u'title': u'Enterprise and Industry'}, TAJANI Antonio

Documents

Legislative proposal published: COM(2011)0768
Committee draft report: PE488.062
Amendments tabled in committee: PE491.169
Committee report tabled for plenary, 1st reading/single reading: A7-0261/2012

Amendments	Dossier
16	2011/0350(COD) Simple pressure vessels: making available on the market. Recast. 'Goods package' 2012/07/06 IMCO 16 amendments... Amendment 35 # Christel SCHALDEMOSE Proposal for a directive Recital 10 (10) When placing a simple pressure vessel on the market, every importer should indicate on the simple pressure vessel his name and the address, or, where appropriate the web address of the importer, at which he can be contacted. Amendment 36 # Christel SCHALDEMOSE Proposal for a directive Recital 34 (34) Manufacturers and importers need to be given reasonable, but limited, time to exercise any rights under national rules in force before the date of application of national rules transposing this Directive in order, for example to sell their stocks of manufactured products. It is necessary to provide for transitional arrangements that allow making available on the market and putting into service simple pressure vessels that have already been placed on the market in accordance with Directive 2009/105/EC. Amendment 37 # Christel SCHALDEMOSE Proposal for a directive Article 6 – paragraph 6 6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address, or, where appropriate the web address of the manufacturer, at which they can be contacted on the vessel. The address must indicate a single point at which the manufacturer can be contacted. Amendment 38 # Zuzana ROITHOVÁ Proposal for a directive Article 6 – paragraph 6 6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the vessel. The address must indicate a single point at which the manufacturer can be contacted. Amendment 39 # Christel SCHALDEMOSE Proposal for a directive Article 8 – paragraph 3 3. Importers shall indicate their name, registered trade name or registered trade mark and the address or, where appropriate, the web address of the importer, at which they can be contacted on the vessel or, where that is not possible, on its packaging or in a document accompanying the vessel. Amendment 40 # Zuzana ROITHOVÁ Proposal for a directive Article 8 – paragraph 3 3. Importers shall indicate their name, registered trade name or registered trade mark, their website address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the vessel or, where that is not possible, on its packaging or in a document accompanying the vessel. Amendment 41 # Ashley FOX Proposal for a directive Article 14 – paragraph 2 2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II of this Directive and shall be continuously updated. It ~~shall~~may be translated, upon request, into the language or languages required by the Member State in which market the vessel is placed or made available. Amendment 42 # Bernadette VERGNAUD Proposal for a directive Article 18 – paragraph 2 2. ~~Member States may decide that t~~The assessment and monitoring referred to in paragraph 1 shall be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008. Amendment 43 # Bernadette VERGNAUD Proposal for a directive Article 21 – paragraph 3 – subparagraph 2 A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of vessels which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.deleted Amendment 44 # Bernadette VERGNAUD Proposal for a directive Article 21 – paragraph 4 – subparagraph 1 4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of ~~the~~ vessels ~~which they assess~~, nor the authorised representative of any of those parties. This shall not preclude the use of assessed vessels that are necessary for the operations of the conformity assessment body or the use of such vessels for personal purposes. Amendment 45 # Bernadette VERGNAUD Proposal for a directive Article 21 – paragraph 4 – subparagraph 2 A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of ~~those~~ products covered by this Directive, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services. Amendment 46 # Bernadette VERGNAUD Proposal for a directive Article 24 – paragraph 3 3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 21.deleted Amendment 47 # Bernadette VERGNAUD Proposal for a directive Article 25 – paragraph 4 4. Where a notification is not based on an accreditation certificate as referred to in Article 24(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 21.deleted Amendment 48 # Bernadette VERGNAUD Proposal for a directive Article 25 – paragraph 5 – subparagraph 1 5. The body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of a notification ~~where an accreditation certificate is used or within two months of a notification where accreditation is not used~~. Amendment 49 # Zuzana ROITHOVÁ Proposal for a directive Article 35 – paragraph 7 7. Where, within twohree months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. Amendment 50 # Ashley FOX Proposal for a directive Article 41 – paragraph 1 – subparagraph 1 1. Member States shall adopt and publish by [insert date – 23 years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and Annex II. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. source: PE-491.169

Amendments

Dossier

2011/0350(COD) Simple pressure vessels: making available on the market. Recast. 'Goods package'

2012/07/06 IMCO 16 amendments...

Amendment 35 #

Christel SCHALDEMOSE

Proposal for a directive
Recital 10

(10) When placing a simple pressure vessel on the market, every importer should indicate on the simple pressure vessel his name and the address, or, where appropriate the web address of the importer, at which he can be contacted.

Amendment 36 #

Christel SCHALDEMOSE

Proposal for a directive
Recital 34

(34) Manufacturers and importers need to be given reasonable, but limited, time to exercise any rights under national rules in force before the date of application of national rules transposing this Directive in order, for example to sell their stocks of manufactured products. It is necessary to provide for transitional arrangements that allow making available on the market and putting into service simple pressure vessels that have already been placed on the market in accordance with Directive 2009/105/EC.

Amendment 37 #

Christel SCHALDEMOSE

Proposal for a directive
Article 6 – paragraph 6

6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address, or, where appropriate the web address of the manufacturer, at which they can be contacted on the vessel. The address must indicate a single point at which the manufacturer can be contacted.

Amendment 38 #

Zuzana ROITHOVÁ

Proposal for a directive
Article 6 – paragraph 6

6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the vessel. The address must indicate a single point at which the manufacturer can be contacted.

Amendment 39 #

Christel SCHALDEMOSE

Proposal for a directive
Article 8 – paragraph 3

3. Importers shall indicate their name, registered trade name or registered trade mark and the address or, where appropriate, the web address of the importer, at which they can be contacted on the vessel or, where that is not possible, on its packaging or in a document accompanying the vessel.

Amendment 40 #

Zuzana ROITHOVÁ

Proposal for a directive
Article 8 – paragraph 3

3. Importers shall indicate their name, registered trade name or registered trade mark, their website address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the vessel or, where that is not possible, on its packaging or in a document accompanying the vessel.

Amendment 41 #

Ashley FOX

Proposal for a directive
Article 14 – paragraph 2

2. The EU declaration of conformity shall have the model structure set out in Annex III of Decision No 768/2008/EC, shall contain the elements specified in the relevant modules set out in Annex II of this Directive and shall be continuously updated. It ~~shall~~may be translated, upon request, into the language or languages required by the Member State in which market the vessel is placed or made available.

Amendment 42 #

Bernadette VERGNAUD

Proposal for a directive
Article 18 – paragraph 2

2. ~~Member States may decide that t~~The assessment and monitoring referred to in paragraph 1 shall be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008.

Amendment 43 #

Bernadette VERGNAUD

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of vessels which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.deleted

Amendment 44 #

Bernadette VERGNAUD

Proposal for a directive
Article 21 – paragraph 4 – subparagraph 1

4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of ~~the~~ vessels ~~which they assess~~, nor the authorised representative of any of those parties. This shall not preclude the use of assessed vessels that are necessary for the operations of the conformity assessment body or the use of such vessels for personal purposes.

Amendment 45 #

Bernadette VERGNAUD

Proposal for a directive
Article 21 – paragraph 4 – subparagraph 2

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of ~~those~~ products covered by this Directive, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services.

Amendment 46 #

Bernadette VERGNAUD

Proposal for a directive
Article 24 – paragraph 3

3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 21.deleted

Amendment 47 #

Bernadette VERGNAUD

Proposal for a directive
Article 25 – paragraph 4

4. Where a notification is not based on an accreditation certificate as referred to in Article 24(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 21.deleted

Amendment 48 #

Bernadette VERGNAUD

Proposal for a directive
Article 25 – paragraph 5 – subparagraph 1

5. The body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of a notification ~~where an accreditation certificate is used or within two months of a notification where accreditation is not used~~.

Amendment 49 #

Zuzana ROITHOVÁ

Proposal for a directive
Article 35 – paragraph 7

7. Where, within twohree months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.

Amendment 50 #

Ashley FOX

Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1

1. Member States shall adopt and publish by [insert date – 23 years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and Annex II. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

source: PE-491.169

History

(these mark the time of scraping, not the official date of the change)

2013-04-11

procedure/subject/1

changed

Old

2.10.03 Standardisation, EC standards and trade-mark, certification, compliance

New

2.10.03 Standardisation, EC standards and trade mark, certification, compliance

2013-04-09

2013-03-22

activities/5/docs/0/text

added

The Committee on the Internal Market and Consumer Protection adopted the report by Zuzana ROITHOVÁ (EPP, CZ) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels (recast).

The committee recommends that the position of the European Parliament adopted in first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows:

Further align the Directive to the new legislative framework and ensure legal certainty: Members propose to amend the proposed Directive in order to reach a higher level of consistency with the terms used by the Decision No 768/2008/EC and to eliminate the possible inconsistencies in the text which could otherwise create legal uncertainty.

They also want to clarify the legal situation for products that have been legally placed on the market in compliance with the current Directive before the new Directive applies, but which are still in stock. In this respect, they suggest that economic operators should be able to sell stocks of simple pressure vessels that are already in the distribution chain on the date of application of national measures transposing the Directive.

Obligations of economic operators: manufacturers and importers shall indicate, on the vessel (or packaging), their name, registered trade name or registered trade mark and the postal, or, if available, the website address at which they can be contacted. The contact details shall be in the language easily understood by end-users and market surveillance authorities.

Members wish to strengthen consumer protection through a provision stating that instructions and safety information as well as any labelling shall be clear, understandable and intelligible. Furthermore, they consider that all obligations imposed on economic operators by the Directive should also apply in the case of distance selling.

EU declaration of conformity: upon the request of the market surveillance authorities, the economic operator shall provide a copy of the EU declaration of conformity in paper form or by electronic means and shall ensure that it is translated into the language or languages required by the Member State in which market the vessel is placed or made available.

In order to cut down red tape, it should be possible to replace the single EU declaration by individual EU declarations of conformity relevant for the particular vessel, when issuing a single EU declaration of conformity could cause specific problems due to the complexity or scope of that single EU declaration.

Restrictive measures in cases of non-conformity: Member States shall ensure that appropriate restrictive measures are taken in respect of the vessel concerned, such as withdrawal of the vessel from the market, without delay.

Improve market surveillance: the report proposes that Member States shall: (i) provide the Commission annually with details of the activities of their market surveillance authorities; (ii) provide adequate funding to their market surveillance authorities in order to ensure that their activities are coherent and effective across the Union.

Improper marking and penalties: Members want Member States to build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of the marking. Rules on penalties applicable to infringements by economic operators may include criminal penalties for serious infringements.

Transparency: the Commission shall publish on the internet the penalties applicable and national provisions transposing the directive.

2013-02-20

activities/0/docs/0/text/0

changed

Old

PURPOSE : to align Directive 2009/105/EC on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package).

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: experience with the implementation of Union harmonisation legislation has shown – on a cross-sector scale – certain weaknesses and inconsistencies in the implementation and enforcement of this legislation, leading to:

the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking;
competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules;
unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices;
differing practices in the designation of conformity assessment bodies by national authorities;
problems with the quality of certain notified bodies.

To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products.

This proposal on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products.

IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options:

Option 1 – No changes to the current situation;
Option 2 – Alignment to the NLF Decision by non-legislative measures;
Option 3 – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives.

Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option.

LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 2009/105/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 2009/105/EC and the essential safety requirements.

The main elements of the proposal are as follows:

Horizontal definitions: the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation.
Obligations of economic operators and traceability requirements: the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the pyrotechnic articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions.
Harmonised standards: compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011, the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2009/105/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements.
Conformity assessment and CE marking: Directive 2009/105/EC on the placing on the market of simple pressure vessels has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision.
Notified Bodies: the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate.
Market surveillance and the safeguard clause procedure: the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found.

BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget.

New

PROPOSED ACT: Directive of the European Parliament and of the Council.

the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking;
competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules;
unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices;
differing practices in the designation of conformity assessment bodies by national authorities;
problems with the quality of certain notified bodies.

IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options:

Option 1 – No changes to the current situation;
Option 2 – Alignment to the NLF Decision by non-legislative measures;
Option 3 – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives.

LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).

The main elements of the proposal are as follows:

Horizontal definitions: the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation.
Obligations of economic operators and traceability requirements: the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the pyrotechnic articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions.
Harmonised standards: compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011, the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2009/105/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements.
Conformity assessment and CE marking: Directive 2009/105/EC on the placing on the market of simple pressure vessels has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision.
Notified Bodies: the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate.
Market surveillance and the safeguard clause procedure: the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found.

BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget.

2013-02-18

2013-02-09

2013-02-06

2013-01-31

2012-12-20

2012-12-01

activities/2/date	changed	Old 2012-06-07 New 2012-05-07
activities/2/docs/0/title	changed	Old PE491.169 New PE488.062
activities/2/docs/0/type	changed	Old Amendments tabled in committee New Committee draft report
activities/2/docs/0/url	changed	Old http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.169 New http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE488.062
activities/2/type	changed	Old Amendments tabled in committee New Committee draft report
activities/3	deleted	date 2012-05-07 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE488.062 type Committee draft report title PE488.062 body EP type Committee draft report
activities/3/date	changed	Old 2011-11-21 New 2012-06-07
activities/3/docs	added	url http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.169 type Amendments tabled in committee title PE491.169
activities/3/type	changed	Old EP officialisation New Amendments tabled in committee
activities/5/docs/0/url	added	http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-261&language=EN

2012-11-15

2012-10-12

2012-09-19

activities/2/committees/0/shadows/4/group	changed	Old EFD New NI
activities/4/docs	added	url http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.169 type Amendments tabled in committee title PE491.169
activities/4/type	changed	Old Deadline Amendments New Amendments tabled in committee
activities/5/committees/0/shadows/4/group	changed	Old EFD New NI
activities/6/committees/0/shadows/4/group	changed	Old EFD New NI
committees/0/shadows/4/group	changed	Old EFD New NI

2012-09-13

2012-07-25

2012-07-11

2012-07-06

2012-06-26

2012-06-25

2012-05-10

2012-05-08

2012-05-06

2012-04-23

2012-04-22

2012-04-21

2012-04-13

2012-04-05

2012-04-04

2012-04-01

2012-03-27

2012-03-23

2012-03-22

2012-03-14

2012-03-12

2012-03-06

2012-03-05

2012-03-02

activities/1/docs/0/url	changed	Old http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0768 New http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=768
activities/2	added	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group S&D name SCHALDEMOSE Christel group ALDE name MANDERS Toine group Verts/ALE name RÜHLE Heide group ECR name FOX Ashley group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
activities/2	deleted	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana
committees/0	added	body EP shadows group S&D name SCHALDEMOSE Christel group ALDE name MANDERS Toine group Verts/ALE name RÜHLE Heide group ECR name FOX Ashley group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana
committees/0	deleted	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana

2012-02-22

2012-02-21

2012-02-20

activities/1	added	date 2011-11-21 docs url http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0768 text PURPOSE : to align Directive 2009/105/EC on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: experience with the implementation of Union harmonisation legislation has shown – on a cross-sector scale – certain weaknesses and inconsistencies in the implementation and enforcement of this legislation, leading to: the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking; competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules; unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices; differing practices in the designation of conformity assessment bodies by national authorities; problems with the quality of certain notified bodies. To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products. This proposal on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products. IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options: *Option 1* – No changes to the current situation; *Option 2* – Alignment to the NLF Decision by non-legislative measures; *Option 3* – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives. Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 2009/105/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 2009/105/EC and the essential safety requirements. The main elements of the proposal are as follows: Horizontal definitions: the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation. Obligations of economic operators and traceability requirements: the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the pyrotechnic articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions. Harmonised standards: compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011, the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2009/105/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements. Conformity assessment and CE marking: Directive 2009/105/EC on the placing on the market of simple pressure vessels has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision. Notified Bodies: the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. Market surveillance and the safeguard clause procedure: the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found. BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget. celexid CELEX:52011PC0768:EN type Legislative proposal published title COM(2011)0768 type Legislative proposal body EC commission DG url http://ec.europa.eu/enterprise/ title Enterprise and Industry Commissioner TAJANI Antonio
activities/1	deleted	date 2011-11-21 docs text PURPOSE : to align Directive 2009/105/EC on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: experience with the implementation of Union harmonisation legislation has shown – on a cross-sector scale – certain weaknesses and inconsistencies in the implementation and enforcement of this legislation, leading to: the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking; competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules; unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices; differing practices in the designation of conformity assessment bodies by national authorities; problems with the quality of certain notified bodies. To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products. This proposal on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products. IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options: *Option 1* – No changes to the current situation; *Option 2* – Alignment to the NLF Decision by non-legislative measures; *Option 3* – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives. Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 2009/105/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 2009/105/EC and the essential safety requirements. The main elements of the proposal are as follows: Horizontal definitions: the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation. Obligations of economic operators and traceability requirements: the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the pyrotechnic articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions. Harmonised standards: compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011, the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2009/105/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements. Conformity assessment and CE marking: Directive 2009/105/EC on the placing on the market of simple pressure vessels has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision. Notified Bodies: the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. Market surveillance and the safeguard clause procedure: the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found. BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget. title COM(2011)0768 type Legislative proposal published celexid CELEX:52011PC0768:EN body EC type Legislative proposal commission DG Enterprise and Industry Commissioner TAJANI Antonio
links/European Commission	added	url http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2011&DocNum=0350 title PreLex
other/0	added	body EC dg url http://ec.europa.eu/enterprise/ title Enterprise and Industry commissioner TAJANI Antonio
other/0	deleted	body EC dg Enterprise and Industry commissioner TAJANI Antonio

2012-02-19

2012-02-18

2012-02-17

2012-02-15

2012-02-14

2012-02-12

activities/2	added	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
activities/2	deleted	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
committees/0	added	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana
committees/0	deleted	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana

2012-02-11

activities/2	added	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
activities/2	deleted	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
committees/0	added	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana
committees/0	deleted	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana

2012-02-10

activities/1/docs/0/url	changed	Old http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0768&model=guicheti New http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0768
activities/2	added	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
activities/2	deleted	date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
committees/0	added	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana
committees/0	deleted	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana
committees/1/committee_full	changed	Old Industry, Research and Energy New Industry, Research and Energy
committees/2/committee_full	changed	Old Legal Affairs New Legal Affairs

2012-02-09

activities	added	body EP date 2011-11-21 type EP officialisation date 2011-11-21 docs url http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=0768&model=guicheti text PURPOSE : to align Directive 2009/105/EC on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels with the new legislative framework, in particular to Decision No 768/2008/EC establishing a common framework for the marketing of products (Goods Package). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: experience with the implementation of Union harmonisation legislation has shown – on a cross-sector scale – certain weaknesses and inconsistencies in the implementation and enforcement of this legislation, leading to: the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking; competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules; unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices; differing practices in the designation of conformity assessment bodies by national authorities; problems with the quality of certain notified bodies. To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products. This proposal on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products. IMPACT ASSESSMENT: based on the information collected, the Commission carried out an impact assessment which examined and compared three options: *Option 1* – No changes to the current situation; *Option 2* – Alignment to the NLF Decision by non-legislative measures; *Option 3* – Alignment to NLF Decision by legislative measures: this option consists in integrating the provisions of the NLF Decision into the existing directives. Option 3 was found to be the preferred option for the following reasons: (i) it will improve the competitiveness of companies and notified bodies taking their obligations seriously, as opposed to those cheating on the system; (ii) it will improve the functioning of the internal market by ensuring equal treatment of all economic operators, notably importers and distributors, as well as notified bodies; (iii) it does not entail significant costs for economic operators and notified bodies; (iv) it is considered more effective than option 2: due to the lack of enforceability of option 2 it is questionable that the positive impacts would materialise under that option. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the alignment to the NLF Decision requires a number of substantive amendments to the provisions of Directive 2009/105/EC. To ensure the readability of the amended text, the technique of recasting has been chosen. The proposal does not change the scope of Directive 2009/105/EC and the essential safety requirements. The main elements of the proposal are as follows: Horizontal definitions: the proposal introduces harmonised definitions of terms which are commonly used throughout Union harmonisation legislation and should therefore be given a consistent meaning throughout that legislation. Obligations of economic operators and traceability requirements: the proposal clarifies the obligations of manufacturers and introduces obligations for importers and distributors. Importers must verify that the manufacturer has carried out the applicable conformity assessment procedure and has drawn up a technical documentation. They must also make sure with the manufacturer that this technical documentation can be made available to authorities upon request. Furthermore importers must verify that the pyrotechnic articles are correctly marked and accompanied by instructions and safety information. They must keep a copy of the Declaration of conformity and indicate their name and address on the product, or where this is not possible on the packaging or the accompanying documentation. Distributors must verify that the article bears the CE marking, the name of the manufacturer and of the importer, if relevant, and that it is accompanied by the required documentation and instructions. Harmonised standards: compliance with harmonised standards provides a presumption of conformity with the essential requirements. On 1 June 2011, the Commission adopted a proposal for a Regulation on European Standardisation that sets out a horizontal legal framework for European standardisation. The proposal for the Regulation contains inter alia provisions on standardisation requests from the Commission to the European Standardisation Organisations, on the procedure for objections to harmonised standards and on stakeholder participation in the standardisation process. Consequently the provisions of Directive 2009/105/EC which cover the same aspects have been deleted in this proposal for reasons of legal certainty. The provision conferring presumption of conformity to harmonised standards has been modified to clarify the extent of the presumption of conformity when standards only partially cover the essential requirements. Conformity assessment and CE marking: Directive 2009/105/EC on the placing on the market of simple pressure vessels has selected the appropriate conformity assessment procedures which manufacturers have to apply in order to demonstrate that their pyrotechnic articles comply with the essential safety requirements. The proposal aligns these procedures to their updated versions set out in the NLF Decision. Notified Bodies: the proposal reinforces the notification criteria for notified bodies. It clarifies that subsidiaries or subcontractors must also comply with the notification requirements. Specific requirements for notifying authorities are introduced, and the procedure for notification of notified bodies is revised. The competence of a notified body must be demonstrated by an accreditation certificate. Market surveillance and the safeguard clause procedure: the proposal revises the existing safeguard clause procedure. It introduces a phase of information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant article is found. BUDGETARY IMPLICATIONS: this proposal does not have any implications for the EU budget. celexid CELEX:52011PC0768:EN type Legislative proposal published title COM(2011)0768 body EC type Legislative proposal commission DG Enterprise and Industry Commissioner TAJANI Antonio date 2011-11-30 body EP type Committee referral announced in Parliament, 1st reading/single reading committees body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
committees	added	body EP shadows group GUE/NGL name GUSTAFSSON Mikael group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
links	added	National parliaments url http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2011&number=0350&appLng=EN title IPEX European Commission url http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2011&DocNum=0350 title PreLex
other	added	body EC dg Enterprise and Industry commissioner TAJANI Antonio
procedure	added	dossier_of_the_committee IMCO/7/07940 reference 2011/0350(COD) subtype Recast legal_basis Treaty on the Functioning of the EU TFEU 114-p1 stage_reached Awaiting Parliament 1st reading / single reading / budget 1st stage summary Repealing Directive 2009/105/EC See also See also instrument Directive title Simple pressure vessels: making available on the market. Recast. 'Goods package' type COD - Ordinary legislative procedure (ex-codecision) subject 2.10 Free movement of goods 2.10.03 Standardisation, EC standards and trade-mark, certification, compliance 3.40.08 Mechanical engineering, machine-tool industry

activities/5/committees	added	body EP shadows group S&D name SCHALDEMOSE Christel group ALDE name MANDERS Toine group Verts/ALE name RÜHLE Heide group ECR name FOX Ashley group EFD name SALVINI Matteo responsible True committee IMCO date 2011-11-29 committee_full Internal Market and Consumer Protection rapporteur group EPP name ROITHOVÁ Zuzana body EP responsible False committee_full Industry, Research and Energy committee ITRE body EP responsible False committee_full Legal Affairs committee JURI
activities/5/date	changed	Old 2012-07-09 New 2012-07-10
activities/5/type	changed	Old Prev Adopt in Cte New Vote in committee, 1st reading/single reading

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2011/0350(COD)

Activites

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History

activities/1/committees/0/shadows/4/group	changed	Old NI New EFD
activities/4/committees/0/shadows/4/group	changed	Old NI New EFD
activities/5/committees/0/shadows/4/group	changed	Old NI New EFD
committees/0/shadows/4/group	changed	Old NI New EFD

activities/4	deleted	date 2012-06-07 docs url http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.169 type Amendments tabled in committee title PE491.169 body EP type Amendments tabled in committee
activities/4/date	changed	Old 2012-12-11 New 2012-06-07
activities/4/docs	added	url http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE491.169 type Amendments tabled in committee title PE491.169
activities/4/type	changed	Old EP 1R Plenary New Amendments tabled in committee
activities/8	deleted	body EC date 2012-12-11 type Prev DG PRES commission DG url http://ec.europa.eu/enterprise/ title Enterprise and Industry Commissioner TAJANI Antonio

activities/3/docs/0/url	added	http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE488.062
activities/6/date	changed	Old 2012-09-12 New 2012-10-25

procedure/legal_basis/0	added	TFEU 114-p1
procedure/legal_basis/0	deleted	Treaty on the Functioning of the EU TFEU 114-p1