COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 267 final - COO 472 
Brussels» 30.06.1994 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on articles of precious metal 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
Explanatory memorandum 
At its sitting on 19 April 1994, the European Parliament delivered its opinion on the 
proposal for a Directive on articles of precious metal COM(93)322 final - SYN 472. 
Parliament adopted a report comprising 45 amendments relating among other things to the 
scope of the proposal, the marking of articles and certification procedures. 
1. The has Commission accepted those amendments aimed at: 
• establishing control on products imported from third countries (amendments 4 and 
17 (in part)). Once sold, the possibility of finding articles is very small and it is 
difficult to establish effective control over manufacturers in third countries. 
Accordingly, the most appropriate solution is to carry out checks at external 
frontiers to establish that the imported articles are subject to the same requirements 
laid down for Community products. 
• stipulating that the certification body has to be established within the Community 
(amendment 13). This addition clarifies the concept of notification of certification 
bodies by the Member States. 
• defining more precisely small articles (amendment 15), in order to avoid subsequent 
problems of interpretation. 
• specifying that the legal tender and collectors coins and medals covered are those 
issued by a statutory authority (amendment 16), which makes it possible to state 
clearly which articles are not covered by the Directive. 
• indicating that account has to be taken of such marking techniques as are generally 
used for marking fragile and small articles (amendment 25); this clarification will 
mean that manufacturers do not have to use marking techniques for which they do 
not have the technical means and can thus avoid unnecessary costs. 
• abolishing the requirement to indicate on the article of precious metal the type of 
coating (amendment 30). Having regard to the type of article in question, this 
information will only be indicated in a document accompanying the articles; 
indication on the article itself is likely to be misleading. 
• defining a new specific symbol for palladium (amendment 45) in order to avoid 
confusion with the symbol laid down for silver. 
Other amendments (1, 2, 5, 6, 8, 9, 11, 17 (in part), 21, 27, 29 and 38) improving 
and clarifying the proposal for a directive on articles of precious metal are also 
accepted by the Commission. 
2. The Commission has rejected those amendments aimed at: 
• adding on articles the symbol indicating the certification body (7, 12, 14, 19, 20, 22, 
23, 24, 34, 35, 42 and 43). This would run counter to the 1993 Council Decision 
on certification which allocates numbers to certification bodies to prevent symbols 
from having the effect of renationalizing products and affecting their free movement. 
The information on the notified body involved in the certification process is useful 
for the supervisory authorities. In the case of articles of precious metal, it is 
contained in ad hoc registers kept by the Member States. There is then no point in 
indicating the body involved on the article itself. 
• amending the certification procedures (33, 36, 37, 39, 40 and 41), in particular the 
"manufacturers declaration. 
The certification procedure provided for by the proposal corresponds to the 1993 
Council Decision on certification. Any measure making it more complicated is 
likely to have negative consequences for undertakings, the vast majority of which 
are SMEs, without improving the quality of articles. 
• introducing provisions on second-hand articles and objects covered with precious 
metals (amendment 3) and specifying the information to be given to consumers by 
traders (amendments 26, 31 and 32). In accordance with the principle of 
subsidiarity, such matters should remain a national concern. 
• indicating that the Directive applies only to manufacturers established in the Union 
(amendment 10). A manufacturer not established in the Union must be able to apply 
the Directive without having to use a representative established in the Union. The 
Directive provides for adequate means, particularly the use of registers in which all 
manufacturers have to be entered, for controlling the Community market. 
• authorizing Member States not to introduce in their territory all the certification 
procedures provided for by the proposal and obliging them to notify their choice 
(amendment 18). This stipulation is unnecessary since Member States are not 
obliged to establish the infrastructures required to implement the three certification 
procedures. Therefore, the choice of procedures will depend among other things 
upon the availability of competent bodies. 
• reducing the standards of fineness of precious metals (amendment 28). The 
proposal has already reduced the standards of fineness used by the Member States. 
A further reduction would limit consumer choice unnecessarily. 
• including among the list of criteria to be met by the bodies to be notified a written 
declaration certifying the independence of managers and technical staff carrying out 
tests (amendment 44). Member States must themselves verify and guarantee the 
competence and independence of the bodies that they notify. It is therefore for 
Member States to take the necessary steps to ensure that these criteria are met. 
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Amended proposal for a 
European Parliament and Council Directive 
on articles of precious metal 
Following the opinion expressed by the European Parliament1, in the first reading, with a 
view to the joint decision-making procedure, on the proposal for a European Parliament 
and Council Directive on articles of precious metal2, the Commission has decided to 
amend its proposal as follows: 
Original proposal 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES Amended proposal 
THE EUROPEAN PARLIAMENT AND 
THE COUNCIL OF THE EUROPEAN 
UNION 
CITATIONS 
In cooperation with the European 
Parliament CITATIONS 
deleted 
Acting in accordance with the procedure 
laid down in Article 189b of the Treaty 
Fourth recital 
Whereas certain aspects of the sector must 
therefore be harmonized in order to 
remove those barriers and ensure the free 
movement of articles of precious metal 
within the Community; Whereas certain aspects of the sector must 
therefore be harmonized in order to 
remove those barriers and ensure the free 
movement of articles of precious metal and 
fair trading within the Community; 
Sixth recital 
Whereas an appropriate level of consumer 
protection and fair trading need to be 
ensured in the field of articles of precious 
metal; Whereas an appropriate level of consumer 
protection, fair trading and transparency 
needs to be ensured in the field of articles 
of precious metal; 
Opinion delivered on 19 April 1994 (OJ EC No C ) 
OJ EC No C 318, 25 November 1993, p. 5 
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Recital 6b (new) 
Whereas, to ensure that the objectives of 
this Directive are fairly applied, it is 
necessary to establish controls at the 
borders of the European Union for articles 
of precious metals imported from third 
Countries; 
Tenth recital 
Whereas, for the purposes of this 
Directive, a harmonized standard is a 
technical specification (European standard 
or harmonization document) adopted by 
one or both of these bodies on a mandate 
from the Commission in accordance with 
Council Directive 83/I89/EEC of 28 
March 1983 laying down a procedure for 
the provision of information in the field of 
technical standards and regulations,5 as 
last amended by Directive 88/182/EEC,6 
and by virtue of the abovementioned 
guidelines; whereas, as regards any 
amendments to harmonized standards, the 
Commission shall be assisted by the 
Standing Committee set up by Directive 
83/189/EEC; Whereas, for the purposes of this 
Directive, a harmonized standard is a 
technical specification (European standard 
or harmonization document) adopted by 
one or both of these bodies on a mandate 
from the Commission in accordance with 
Council Directive 83/189/EEC of 28 
March 1983 laying down a procedure for 
the provision of information in the field of 
technical standards and regulations,5 as 
last amended by European Parliament and 
Council Directive 94/10/EC.(6) and by 
virtue of the abovementioned guidelines; 
whereas, as regards any amendments to 
harmonized standards, the Commission 
shall be assisted by the Standing 
Committee set up by Directive 
83/189/EEC; 
(6) OJ No L 100, 19.4.1994, p. 30. 
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Eleventh recital (amendment) 
Whereas manufacturers shall have the 
option of applying one of the conformity 
attestation procedures foreseen by this 
Directive and may call upon one of the 
certification bodies amongst those 
published by the Commission; whereas 
Member States must accept products that 
have satisfied one of die certification 
procedures foreseen by this Directive; 
whereas these means should be based on 
the provisions of Council Decision 
90/683/EEC,7 and ensure a level of 
quality sufficient to meet the needs of 
those responsible for placing articles on 
the Community market; whereas, 
therefore, these means must always 
involve checks by a notified body; 
whereas the notification of the certification 
body is an option open to Member States, 
their duty being to ensure that the notified 
body meets the assessment criteria laid 
down in this Directive; Whereas the person responsible for 
placing articles on the market shall have 
the option of applying one of the 
conformity attestation procedures foreseen 
by this Directive and may call upon one of 
the certification bodies amongst those 
published by the Commission; whereas 
Member States must accept products that 
have satisfied one of the certification 
procedures foreseen by this Directive; 
whereas these means should be based on 
the provisions of Council Decision 
93/465/EEC;(7) Whereas these means 
shall be equivalent in terms of the 
objectives pursued and ensure a level of 
quality sufficient to meet the needs of 
those responsible for placing articles on 
the Community market; whereas, 
therefore, these means must always 
involve checks by a notified body; 
whereas the notification of the certification 
body is an option open to Member States, 
their duty being to ensure that the notified 
body meets the assessment criteria laid 
down in this Directive; 
(7) OJNoL 380, 31.12.1990, p. 13. (7) OJ No L 220,30.8.1993, p. 23. 
HAS ADOPTED THIS DIRECTIVE HAVE ADOPTED THIS DIRECTIVE 
Article l(2)(b) 
(b)An article of precious metal is any item 
of jewellery, goldsmiths' ware or 
watchmakers' ware and any other 
object made entirely or in part from a 
precious metal; (b) An article of precious metal is any item 
of jewellery, goldsmiths' gr 
silversmiths' ware or watchmakers' 
ware and any other object made 
entirely or in part from a precious 
metal; 
Article l(2)(c) 
(c) An article comprising various precious 
metals is any item of jewellery, 
goldsmiths' ware or watchmakers' ware 
and any other object made entirely or in 
part from various precious metals; (c) An article comprising various precious 
metals is any item of jewellery, 
goldsmiths' or silversmiths' ware or 
watchmakers' ware and any other 
object made entirely or in part from 
various precious metals; 
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Article l(2)(j) 
(j) The importer is the person who places 
the qualifying article from a third 
country on the Community market Deleted 
Article l(2)(p) 
(p)A notified body: a body responsible for 
carrying out the conformity assessment 
procedures (p)A notified body: a body established 
within the Community responsible for 
carrying out the conformity assessment 
procedures. 
Article l(2)(pb) (new - amended) 
(pb) A small article is an article 
weighing less than 1 gramme in the 
case of gold and platinum and 3 
grammes in the case of silver and 
palladium. 
Article l(3)(d) 
(d) Legal tender made of precious metal 
and collectors' coins and medals; (d) Legal tender made of precious metal 
and collectors' coins and medals issued 
bv or on the authority of a State: 
Article 2(2) (new) 
1. Member States shall adopt all 
provisions to ensure that, with regard 
to indication of the standard of 
fineness, only articles complying with 
this Directive may be placed on the 
market. 
2. Member States shall adopt all 
provisions to ensure that articles of 
precious metal originating from third 
countries are checked at the external 
frontiers to ensure that thev conform to 
the provisions of this Directive. 
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Article 11, first paragraph 
Articles deemed to satisfy the essential 
requirements referred to in Article 3 must, 
prior to being placed on the market, be 
struck with one or more fineness marks by 
the manufacturer or where appropriate bv 
his authorized representative, the person 
responsible for placing on the market or 
the notified body which carried out the 
verification referred to Annex V Articles deemed to satisfy the essential 
requirements referred to in Article 3 must, 
prior to being placed on the market, be 
struck with one or more fineness marks in 
accordance with the conformity procedure 
applied 
Article 13(1), first indent 
- small articles or those which are too 
fragile upon which it is technically 
difficult to strike marks; - small articles or those which are too 
fragile upon which it is technically 
difficult to strike marks, taking into 
account such marking techniques that 
are generally used: 
Article 13(2) 
2. The obligation to strike the fineness 
mark shall not apply in respect of those 
parts of articles consisting of various 
precious metals upon which it is 
technically difficult to strike such a 
mark. 2. The obligation to strike the fineness 
mark shall not apply in respect of those 
parts of articles consisting of various 
precious metals upon which it is 
technically difficult to strike such a 
mark, taking into account such marking 
techniques that are generally used. 
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Article 17(1) 
Member States shall adopt and publish 
the laws, regulations and administrative 
provisions necessary to comply with 
this Directive by 30 June 1995 at the 
latest. They shall forthwith inform the 
Commission thereof. Member States shall adopt and publish 
the laws, regulations and administrative 
provisions necessary to comply with 
this Directive by 30 June 1996 at the 
latest. They shall forthwith inform the 
Commission thereof. 
When Member States adopt these 
provisions, these shall contain a 
reference to this Directive or shall be 
accompanied by such reference at the 
time of their official publication. The 
procedure for such reference shall be 
adopted by Member States. 
Member States shall apply 
provisions from 1 January 1996. these When Member States adopt these 
provisions, these shall contain a 
reference to this Directive or shall be 
accompanied by such reference at the 
time of their official publication. The 
procedure for such reference shall be 
adopted by Member States. 
Member States shall apply 
provisions from 1 January 1997. these 
3. Marking and certificates Annex 11(3) 
3. Marking and certificates 
3.1 Articles of a single precious metal 
must bear a fineness mark. 3.1 Articles of a single precisou metal 
must bear a fineness mark. 
3.2 Articles comprising various 3.2 
precious metals must bear the 
relevant fineness mark on each part. 
3.3 Mixed articles must bear the 
corresponding fineness mark on the 3.3 
part made of precious metal or of 
various precious metals. Articles comprising various 
precious metals must, except in 
cases covered by Article 13(2). bear 
the relevant fineness mark on each 
part. 
Mixed articles must, except in cases 
covered bv Article 13(2). bear the 
corresponding fineness mark on the 
part made of precious metal or of 
various precious metals. 
Annex 11(4) 
</ Articles of precious metal, where 
coated with other metals, must bear the 
fineness mark of the base precious 
metal alloy. They must also bear an 
indication of the type of coating or be 
accompanied by a document giving that 
information where it cannot be 
indicated on the article. Articles of precious metal, where 
coated with other metals, must bear the 
fineness mark of the base precious 
metal alloy. They must also be 
accompanied by a document giving an 
indication of the type of coating. 
Annex IV(4), first paragraph 
4. A notified body chosen by the 
manufacturer shall carry out or have 
carried out product checks at random 
intervals. 4. Thg notified body chosen by the 
manufacturer shall carry out or have 
carried out product checks at random 
intervals. 
Annex VI 1(1) 
1. The surrounds specific to each precious 
metal and which must surround the 
standard of fineness of the precious 
metals and their alloys set out in 
Annex I are given below: 1. The surrounds specific to each precious 
metal and which must surround the 
standard of fineness of the precious 
metals and their alloys set out in 
Annex I are given below: 
Gold 
Silver 
Platinum Unchanged 
Unchanged 
Unchanged Gold 
Silver 
Platinum Unchanged 
Unchanged 
Unchanged 
Palladium Palladium 
E3 /ÇT^ 
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EN ISSN 0254-1475 
COM(94) 267 final 
DOCUMENTS 
06 10 
Catalogue number : CB-CO-94-2B5-EN-C 
ISBN 92-77-71091-8 
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