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DRAFT REPORT (COM(2022)0462 – C90313/2022 – 2022/0280(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency

IMCO-PR-745256

Committee on the Internal Market and Consumer Protection · Rapporteur: Andreas Schwab

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

This is the rapporteur's draft report on a proposal to amend 14 product directives with emergency procedures for conformity assessment, common specifications and market surveillance during an internal market emergency. The draft removes Directive 2006/42/EC from the scope because the machinery directive will likely be repealed by the new machinery regulation, and renames the emergency the 'internal market emergency'. It deletes the provisions that would have prevented products authorised under emergency procedures from moving freely across the Union or bearing the CE marking. It adds a new trigger for common specifications where European standardisation deliverables were not adopted, and requires the Commission to take into account expert groups and consult stakeholders when preparing them. It deletes the articles allowing the Commission to adopt mandatory common specifications, and changes the amendment or withdrawal of common specifications to a discretionary 'may amend'. The explanatory statement supports the objective of safeguarding free movement of goods, workers and services, and proposes changes to strengthen resilience and cooperation.

Committee position. The rapporteur proposes to amend the Commission proposal by removing Directive 2006/42/EC, deleting provisions restricting free movement and CE marking for products authorised under emergency procedures, adding conditions for common specifications, deleting mandatory common specifications, and strengthening resilience and free movement in the accompanying proposals.

Key points

  1. The draft amends the title to refer to 'an internal market emergency' instead of 'a Single Market emergency'.
  2. It removes Directive 2006/42/EC from the list of amended directives and from the recitals, because the machinery directive will likely be repealed by the new machinery regulation.
  3. It deletes the provisions that would have prevented equipment, transportable pressure equipment, pyrotechnic articles, explosives, vessels, apparatus, instruments, measuring instruments, lifts, products, electrical equipment, radio equipment and pressure equipment authorised under emergency procedures from moving freely across the Union or bearing the CE marking.
  4. It adds a new condition for adopting common specifications: where the European standardisation deliverables addressing a request under Article 10(1) of Regulation No 1025/2012 were not adopted.
  5. It adds that common specifications may be adopted where no reference to harmonised standards has been published and no such reference is expected within a reasonable timeframe in the context of the emergency.
  6. It requires the Commission, when preparing a draft implementing act establishing a common specification, to take into account the views of relevant bodies or expert groups and to duly consult all relevant stakeholders.
  7. It deletes the articles empowering the Commission to adopt mandatory common specifications for explosives, apparatus, instruments, measuring instruments, lifts, products, electrical equipment, radio equipment and pressure equipment.
  8. It changes the rule on common specifications that a Member State considers insufficient: the Commission 'may amend' the implementing act instead of 'amend or withdraw'.
  9. It requires Member States to apply transposition measures for the emergency articles only if the Commission has adopted an implementing act activating the relevant article of the IMERA Regulation.
  10. The rapporteur proposes to change the title to 'Internal Market Emergency and Resilience Act' (IMERA) and to strengthen resilience and free movement of workers, goods and services.
  11. The rapporteur proposes biennial stress tests, trainings and crisis protocols involving national authorities, businesses, social partners and experts, and an online platform for companies to provide advice.
  12. The rapporteur proposes a mechanism for Member States to launch a call for solidarity in case of shortages, and to open joint procurement to Andorra, Monaco, San Marino, accession candidate countries and EFTA countries.

Who is affected

  • Manufacturers of equipment, pressure equipment, pyrotechnic articles, explosives, vessels, apparatus, instruments, lifts, electrical equipment, radio equipment and other products covered by the amended directives.
  • Member States, which must ensure transposition measures apply only after the Commission activates the relevant IMERA article.
  • The Commission, which may adopt common specifications and must consult expert groups and stakeholders when preparing them.
  • Businesses, social partners and experts, who would be involved in stress tests, trainings and crisis protocols under the rapporteur's proposals.
  • Andorra, Monaco, San Marino, accession candidate countries and EFTA countries, which could take part in joint procurement under the rapporteur's proposal.

Figures and deadlines

  • Directives 2000/14/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU are amended.
  • Directive 2006/42/EC is removed from the list of amended directives.
  • Regulation (EU) No 1025/2012 is cited as the basis for European standardisation deliverables.
  • Article 10(1) of Regulation No 1025/2012 is the provision under which standardisation requests are made.
  • Article 23 of the IMERA Regulation is the provision for adopting implementing acts activating the emergency procedures.
  • The opinion of the European Economic and Social Committee is dated 14 December 2022.
  • The opinion of the Committee of the Regions is dated 8 February 2023.
  • The Commission proposal was published on 19 September 2022.

Legal basis: Article 294(2) and Articles 91 and 114 of the Treaty on the Functioning of the European Union.