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DRAFT REPORT (COM(2022)0461 – C90314/2022 – 2022/0279(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009 and (EU) No 305/2011 as regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency

IMCO-PR-745282

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

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This is the rapporteur's draft report on the Commission proposal to amend five product regulations with emergency procedures for conformity assessment, common specifications and market surveillance during an internal market emergency. The draft proposes to rename the framework the Internal Market Emergency and Resilience Act (IMERA) and to extend the amended regulations to the General Product Safety Regulation and the Machinery Regulation. It deletes the provisions allowing the Commission to adopt mandatory common specifications and the rules that goods authorised under emergency procedures may not leave the issuing member state or bear the CE marking. It keeps common specifications as a voluntary route to a presumption of conformity, requires the Commission to consult stakeholders, and lets member states ask the Commission to amend a specification. The explanatory statement says the rapporteur supports safeguarding free movement of goods, workers and services, wants resilience strengthened, market interventions kept as a last resort, and solidarity and digital tools developed.

Committee position. The rapporteur supports the objective of safeguarding free movement of goods, workers and services, proposes renaming the framework the Internal Market Emergency and Resilience Act, deletes mandatory common specifications and territorial restrictions on emergency-authorised goods, and strengthens resilience, solidarity and digital tools.

Key points

  1. The draft resolution adopts Parliament's position at first reading and asks the Commission to refer the matter to Parliament again if it substantially amends its proposal.
  2. The title is changed to refer to an internal market emergency, and the General Product Safety Regulation and the Machinery Regulation are added to the list of amended regulations.
  3. Recital 14 is amended to note that the general product safety framework allows a presumption of conformity for products complying with a European standard published in the Official Journal covering all associated risks.
  4. Recital 17, which allowed the Commission to adopt mandatory common specifications, is deleted; the rapporteur states that mandatory common specifications are a novel concept of unclear added value.
  5. Recital 18 is amended to cover products under the general safety framework in the rules on enhanced market surveillance and cooperation among market surveillance authorities.
  6. For each amended regulation, the provision that goods authorised under emergency procedures may not leave the issuing member state and may not bear the CE marking is deleted.
  7. For each amended regulation, the application of the emergency articles and the authorisation procedure no longer stops at the territory of the member state concerned.
  8. The conditions for adopting common specifications are changed to cover cases where European standardisation deliverables requested under Article 10(1) of Regulation No 1025/2012 were not adopted, or where a reference to harmonised standards is not published and is not expected within a reasonable timeframe.
  9. The Commission must take into account the views of relevant bodies or expert groups and duly consult all relevant stakeholders when preparing a draft implementing act on common specifications.
  10. Where a member state considers a common specification does not satisfy the essential requirements, the Commission may amend the implementing act instead of amending or withdrawing it.
  11. New chapters on emergency procedures are inserted into the General Product Safety Regulation and the Machinery Regulation, applying only after an implementing act under Article 23 of the IMERA Regulation and only to goods designated crisis-relevant.
  12. The rapporteur proposes biennial stress tests, trainings and crisis protocols, voluntary supply chain stress tests, a permanent Commission coordination role on strategic reserves, and no mandatory stockpiles during vigilance mode.

Who is affected

  • Manufacturers of cableway installations, personal protective equipment, gas appliances, fertilising products, construction products, general products and machinery.
  • National authorities and market surveillance authorities, which may presume conformity based on national or international standards and cooperate more closely.
  • The Commission, which may adopt common specifications by implementing acts and must consult stakeholders and relevant expert groups.
  • Member states, which may inform the Commission when a common specification does not satisfy the essential requirements.
  • Businesses, social partners and experts, to be involved in crisis preparedness and consulted on crisis measures.

Figures and deadlines

  • 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 Article 114 of the Treaty on the Functioning of the European Union.