EN Official Journal of the European Union C 458/25

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council relating to appliances burning gaseous fuels’

COM(2014) 258 final — 2014/0136 (COD)

(2014/C 458/05)

Rapporteur: Mr COULON

On 22 May 2014 and 3 July 2014, respectively, the Council and the Parliament decided to consult the European Economic and Social Committee, under Article 114 of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation of the European Parliament and of the Council on appliances burning gaseous fuels

COM(2014) 258 final — 2014/0136 (COD).

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 15 July 2014.

At its 501st plenary session, held on 10 and 11 September 2014 (meeting of 10 September), the European Economic and Social Committee adopted the following opinion by 142 votes to 1, with 3 abstentions.

1. Conclusions and recommendations

1.1 The proposal is part of the Commission's move to give new impetus to promoting the free movement of goods.

1.2 The EESC welcomes the form of legislation selected, namely a regulation, giving special force to this issue which affects the majority of Europeans, as well as the competitiveness of European firms.

1.3 It strongly emphasises the need to stand firm on matters of security for people, animals and goods, all along the chain of designing, manufacturing, distributing, installing and using the materials concerned.

1.4 Likewise, the EESC urges those concerned to remain extremely alert to attempts at counterfeiting, especially for appliances manufactured outside the Union.

1.5 The rules on penalties have to be applied strictly, and the type of penalties and the threshold for them to be applied also have to be specified.

1.6 It asks that the Commission particularly monitor provisions on the Member States' gas supply situation. This question requires good coordination between the various directorates-general.

2. The proposed regulation, its consequences and points for discussion

2.1 Directive 2009/142/EC provides codification of Directive 90/396/CEE on gas appliances. It was one of the first harmonisation directives based on the principles of the ‘new approach’.

2.2 The EESC believes that the proposal can ensure that consumers have confidence in the quality of products on the market and that due prominence is given to strengthening market surveillance.

2.3 Experience has shown the need to update and clarify some provisions of the directive, without changing its scope: definitions particular to the sector, content and form of the information sent by Member States on their gas supply situation, and links with other Union harmonisation legislative acts applying to gas appliances. The proposal for a regulation is of course based on Article 114 of the Treaty.

2.4 The EESC supports replacing the current directive with a regulation, which will update and clarify some of its provisions, ensure that the proposed legislation is applied uniformly throughout the European Union and put a stop to economic operators being treated differently in the EU.

2.5 At the same time, the key mandatory requirements and procedures for assessing conformity which manufacturers have to follow must be identical in all the Member States.

2.6 The proposed regulation aims to align Directive 2009/142/EC on Decision 768/2008/EC, which relates to the new legislative framework (NLF), and on the ‘goods package’ (often referred to as the ‘Verheugen package’) adopted in 2008. The proposal also takes into account regulation (EU) 1025/2012, as well as the proposal for a regulation adopted by the Commission on 13 February 2013 on the market surveillance of products, which aims to set out a single legal instrument on market surveillance activities in the field of non-food goods.

2.7 It provides amongst other things for: — the removal of the 105 oC temperature limit; — the introduction of definitions currently missing from Directive 2009/142/EC and of harmonised content and a standardised form for all Member States. The effect of the proposal will be to strengthen the competitiveness of European enterprises.

2.8 Improved readability as regards communications on gas supply conditions in Member States

2.8.1 Note that to date, the information published has not been adequate. The proposal defines the parameters that should be included in the communications in order to better ensure compatibility of the appliances with the different types of gas being supplied to Member States, and provides for a harmonised form for those communications. The EESC deems this question to be an essential one, both out of a concern to facilitate access to gas for consumers and with a view to diversifying supply sources for Member States. This question requires good coordination between the various directorates-general (Enterprise, Energy, etc.).

2.9 Making available appliances and fittings on the market, obligations on economic operators, CE marking, free movement In accordance with the NLF decision, the proposal contains the recurring provisions for product-related EU harmonisation legislation and sets out the obligations on the relevant economic operators (manufacturers, authorised representatives, importers and distributors). It retains the provision according to which fittings do not bear the CE marking. However, the certificate accompanying fittings is from now on described as a ‘Fitting conformity certificate’, in order to better define and clarify its content.

2.10 Harmonisation, notification and conformity

2.10.1 Regulation (EU) No 1025/2012 sets out a horizontal legal framework for standardisation. In fact, the provisions of Directive 2009/142/EC which cover the same aspects have not been reintroduced for reasons of legal certainty. The proposal, following the NLF in this, tightens the notification criteria for notified bodies and introduces specific requirements for notifying authorities. The proposal retains the conformity assessment procedures. Let us not forget that conformity entails responsibility. In this way, public interests are afforded a high level of protection (safety, rational use of energy, consumer protection, etc.).

2.11 On manufacturers' obligations, the EESC calls for there to be: — an obligation to keep a register of complaints about appliances and recalls, and not just for there to be the possibility of this being done; — steps aimed at verifying the rational use of domestic energy. The appliances concerned must make a contribution to the policy on energy saving and energy efficiency to which the EESC is very committed.

2.12 The proposed Regulation will become applicable two years after its entry into force to allow manufacturers, notified bodies, Member States and European standardisation bodies the time needed to adopt these new rules.