COUNCIL DECISION of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonization directives
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Decision 90/683/EEC of 13 December 1990 concerning the modules for the various phases of the conformity assessment procedures which are intended to be used in the technical harmonization directives (4) needs to be substantially amended in various places; whereas it is necessary, in a spirit of clarity and rationality, to consolidate its provisions by means of this Decision;
Whereas the Council adopted a Resolution on 21 December 1989 concerning a global approach to conformity assessments (5);
Whereas the introduction of harmonized methods for the assessment of conformity and the adoption of a common doctrine for their implementation are likely to facilitate the adoption of future technical harmonization directives concerning the placing on the market of industrial products and thus be conducive to the implementation of the internal market;
Whereas such methods should ensure that products are in full conformity with the essential requirements laid down in the technical harmonization directives, in order to provide, in particular, for the health and safety of users and consumers;
Whereas such conformity should be assured without imposing unnecessarily onerous conditions on manufacturers, and by means of clear and comprehensible procedures;
Whereas limited flexibility should be introduced as regards use of additional modules, or variations in the modules, when the specific circumstances of a particular sector or directive so warrant, but not to such a degree as to undercut the purpose of the current Decision and only when explicitly justified;
Whereas in the abovementioned Resolution of 21 December 1989 the Council approved as a guiding principle the adoption of common rules on the use of the CE marking;
Whereas in its Decision 90/683/EEC the Council laid down that the industrial products covered by the technical harmonization directives can be placed on the market only after the manufacturer has affixed the CE marking to them;
Whereas a single CE marking should be used in order to facilitate controls on the Community market by inspectors and to clarify the obligations of economic operators in respect of marking under the various Community regulations;
Whereas the aim of the CE marking is to symbolize the conformity of a product with the levels of protection of collective interests imposed by the total harmonization directives and to indicate that the economic operator has undergone all the evaluation procedures laid down by Community law in respect of his product,
HAS DECIDED AS FOLLOWS:
Article 1
1. The procedures for conformity assessment which are to be used in the technical harmonization directives relating to the marketing of industrial products will be chosen from among the modules listed in the Annex and in accordance with the criteria set out in this Decision and in the general guidelines in the Annex.
These procedures may only depart from the modules when the specific circumstances of a particular sector or directive so warrant. Such departures from the modules must be limited in extent and must be explicitly justified in the relevant directive.
2. This Decision lays down rules for affixing the CE conformity marking provided for in Community legislation concerning the design, manufacture, placing on the market, entry into service or use of industrial products.
3. The Commission shall report periodically on the functioning of this Decision, and on whether conformity assessment and CE marking procedures are working satisfactorily or need to be modified.
No later than the end of the transitional period in 1997, or earlier if the matter is found to be urgent, the Commission shall also report back on any special problems raised by the incorporation of Council Directive 73/23/EEC of 19 February 1973 relating to electrical equipment designed for use within certain voltage limits (6) within the scope of CE marking procedures, and, in particular, whether safety is being compromised. It shall also review any problems raised by the issue of overlapping Council directives, and whether any further Community measures are required.
Article 2
1. Decision 90/683/EEC is hereby repealed.
2. References to the Decision repealed shall be construed as references to this Decision.
Done at Brussels, 22 July 1993.