A4-0094/99

Decision on the common position established by the Council with a view to the adoption of a Council Directive on transportable pressure equipment (12050/98 - C4-0679/98 - 97/0011(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, 12050/98 - 97/0011(SYN),

- having regard to its opinion at first reading ((OJ C 80, 16.3.1998, p. 212.)) on the Commission proposal to the Council (COM(96)0674) ((OJ C 95, 24.3.1997, p. 2.)),

- having been consulted by the Council pursuant to Articles 189c(1) and 75(1) of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0094/99),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Article 5(1), 2nd subparagraph

>Original text>

Where such equipment was manufactured in series, Member States may authorise the reassessment of conformity with regard to receptacles, including their valves and other accessories used for transport, to be carried out by an approved body provided that conformity of the type is reassessed by a notified body.

>Text following EP vote>

Where such equipment was manufactured in series, Member States may authorise the reassessment of conformity with regard to receptacles, including their valves and other accessories used for transport, to be carried out by an approved body provided that conformity of the type is reassessed by a notified body.

The notified bodies may make unannounced visits to check whether the reassessment has been made correctly and efficiently; in the event of an irregularity Article 12 shall apply by analogy.

(Amendment 2)

Article 12, 2nd paragraph

>Original text>

Should non-conformity persist, the Member State shall take all appropriate measures to restrict or prohibit the placing on the market, transport or use of the equipment in question or to ensure that it is withdrawn from the market or from circulation in accordance with the procedure laid down in Article 11.

>Text following EP vote>

Should non-conformity persist, the Member State shall

inform the Commission imnmediately and take all appropriate measures to restrict or prohibit the placing on the market, transport or use of the equipment in question or to ensure that it is withdrawn from the market or from circulation in accordance with the procedure laid down in Article 11.

(Amendment 3)

Article 15(3), 3rd subparagraph a (new)

>Original text>

>Text following EP vote>

Every two years the Commission shall inform the Council and the European Parliament of the measures adopted pursuant to this Article. The Commission shall, on the basis of the above-mentioned modifications, provide for and draw up, where appropriate, a single text containing the provisions added over time and where necessary a revised version of this Directive.

(Amendment 4)

Annex IV (II)(5)

>Original text>

5. For receptacles manufactured in series, including their valves and other accessories used for transport, the relevant conformity reassessment operations relating to individual inspections of equipment, as indicated in sections 3 and 4 above, may be carried out by an approved body provided that a notified body has previously carried out the relevant conformity reassessment operations indicated in section 3.

>Text following EP vote>

5.

For receptacles manufactured in series, including their valves and other accessories used for transport, the relevant conformity reassessment operations relating to individual inspections of equipment, as indicated in sections 3 and 4 above, may be carried out by an approved body provided that a notified body has previously carried out the relevant conformity reassessment operations indicated in section 3. The notified bodies may make unannounced visits to check whether the reassessment of the receptacles manufactured in series has been carried out correctly and efficiently.