WRITTEN QUESTION E-2905/96 by Paul Rübig (PPE) to the Commission (31 October 1996)

Subject: Directive on approximation of Member States' laws and administrative provisions on articles of precious metals

For some time there has been talk of a proposal for a directive on these approximation of Member States' lawsand administrative provisions on articles of precious metals. The main purpose of the proposal is to remove

the existing obstacles to trade in articles of precious metals on the European market and to achieve improved transparency in order to provide better consumer protection. The proposal was on the agenda of the 1929th meeting of the Council (Internal market) in Brussels on 28 May 1996. However, there was merely a progress report without any decision being taken. Since the directive is of considerable importance for Austria, I should like answers to the following questions:

1. Do the test methods proposed permit non-destructive testing? Is the intention also to permit non-destructive testing in the directive?

2. If not, will the directive specify who has to pay the cost of repairs?

3. Can articles also be tested in an unfinished state?

4. Compliance with the provisions of the directive could mean excessive costs for small businesses. Will the directive provide for small businesses to be exempt from costs and to be allowed to carry out economically acceptable testing?

5. Are there appropriate means of ensuring that destruction of, or damage to, the test piece which is required to determine the precious metal content can be kept within financially acceptable limits?

6. What rules are to apply to antiques already in the EU?

7. Who assesses the properties of antiques?

8. Is there an exemption from hallmarking even in instances where national standards would require hallmarking?

9. Does national law apply to antiques covered by Article 1(3)(a) of the proposal for a directive?

Answer given by Mr Bangemann on behalf of the Commission (17 December 1996)

The Honourable Member's question is about the proposal for a European Parliament and Council Directive on articles of precious metal, which was presented by the Commission in October 1993. ((Doc. COM(93) 322; amended proposal doc. COM(94) 267. ))

1., 2., 3. and 5. The proposal for a Directive does not exclude non-destructive testing. It lays down three different procedures for certifying the conformity of articles together with the essential requirements. However, the procedures as defined in the proposal for a Directive do not specify the type of tests to be carried out. The specification of appropriate tests is a matter for standardization.

The Commission has already given a mandate to the European Committee for Standardization (CEN) to draw up test standards, which will become harmonized standards once the Directive has been adopted. Manufacturers and notified bodies will then be able to apply them with the benefit of the presumption of conformity. The CEN is working on this now. The standardization will also include the drafting of standards on non-destructive testing.

The standards body, which brings together all the interested parties, has to take account of the costs when laying down the test procedures.

4. The three procedures for certifying conformity in the proposal for a Directive are easy for small businesses to apply.

In particular, the EC declaration of conformity procedure refers to module A of Council Decision 93/465/EEC ((OJ L 220, 30.8.1993. )) 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. This is a procedure whereby the manufacturer attests and declares that the articles satisfy the essential requirements and designates a notified body of his choice to carry out unannounced checks. This procedure is based on the internal tests to be carried out by the manufacturer and requires the latter to keep the relevant documentation at the disposal of the notified body and the market surveillance authorities.

The proposal for a Directive also provides for another procedure (third-party verification), which refers to module F of the abovementioned Council Decision and essentially corresponds to the present systems of hallmarking.

6. - 7. Antiques are not covered by the scope of the proposal for a Directive. The Directive does not apply to antiques already on the European market since it refers only to the placing of articles on the market for the first time. Antiques imported into the Community and placed on the market for the first time are expressly excluded.

These antiques are therefore covered, where necessary, by existing national regulations. It should be stressed that, if there is no Community harmonization, the rules of the EC Treaty apply, in particular Articles 30 to 36 of the Treaty regarding the free movement of goods, as pointed out by the Court of Justice in the case-law on this subject. ((Judgments in Case 220/81 Robertson [1982] and Case C-293/93 Houtwipper [1994]. ))

8. Yes, the proposal for a Directive applies in full and is therefore intended to replace national requirements. National legislation therefore cannot require compulsory third-party marking if this is not provided for in the Directive.

The Honourable Member probably means the exclusions covered by Article 1(3)(c) and not Article 1(3)(a), which refers to articles for dental prostheses and for medical use, such as those defined in Council Directive 93/42/EEC on medical devices. ((OJ L 169, 12.7.1993. )) These products are therefore covered by Directive 93/42/EEC and not by national rules.