Amended proposal for a COUNCIL DECISION amending the Council Decision of 13 December 1990 concerning the modules for the various phases of the conformity assessment procedures (90/683/EEC), supplementing it with provisions relating to the arrangements for affixing and using the CE conformity marking
Date: 1993-03-31
Institutions: European Commission
Subjects: consumer protection, harmonisation of standards, product safety, technical regulations, trade information, trade mark

COMMISSION  OF  THE  EUROPEAN  C09VMUNITIES 

C0M(93)  144 final  - SYN 336 A-B 

Brussels,31  March  1993 

Amended proposal  'or a 

COUNCIL DIRECTIVE 

SYN 336 A 

amending Council Directives 
87/404/EEC  (simple pressure vessels), 
88/378/EEC  (safety of toys), 89/106/EEC  (construction products), 
89/336/EEC  (electromagnetic  compatibility), 89/392/EEC  (machinery), 
89/686/EEC  (personal protective equipment), 
90/384/EEC  (non-automatic weighing  instruments), 
90/385/EEC  (active implantable medical devices), 
90/396/EEC  (appliances burning gaseous  fuels), 
91/263/EEC  (telecommunications  terminal equipment), 
92/42/EEC  (new hot-water boilers fired with liquid or gaseous  fuels), 
and 73/23/EEC  (electrical equipment designed  for use within 
certain voltage  limits) 

Amended  proposal  for a 

COUNCIL DECISION 

SYN 336 B 

amending the Council Decision of 13 December 1990 concerning 
the modules for the various phases of the conformity 
assessment procedures  (90/683/EEC), supplementing it 
with provisions relating to the arrangements for 
affixing and using the CE conformity marking 

(presented  by  the Commission pursuant  to Article  149(3) 
of  the EEC-Treaty) 

"M 

, 

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At  Its part-session  of  8-12 March  1993  Parliament  delivered  Its opinion 
at  first  reading  following  further  consultation on  the proposal  to amend 
the proposal  which  the Commission  sent  to the Council  on 7 December  1992 
(C0M(92) 499  final). 

The  current  proposal  takes  account  of  the  two  amendments  proposed  by 
Parliament,  which  the  Commission  Is  willing  to  accept,  because  they 
stress  that  the  introduction  of  a  standard  CE  marking  must  not  entail 
any  lowering  whatsoever  of  safety  levels  and  that,  In the  light  of  this 
concern,  the Commission  should  examine  and  report  on  the  Impact  of  this 
proposal  by  1997 at  the  latest. 

-  â 

Acting  on  the  opinion1  delivered  by  Parliament  at  first  reading 
following  further  consultation  on  the  amended  Commission  proposal  of 
7  December  1992  (C0M(92) 499  final) under  the cooperation  procedure,  the 
Commission  has  decided  to  amend  Its  latest  proposal  as  follows,  taking 
account  of  the amendments  approved  by  Parliament: 

The  proposai  iûr___a  Directive  amending  tùfi  yjxjçjis  om  ajanrjaacii 

Directives and  the  low voltage Directive  Is amended  as  follows: 

Article  1 2m  Is amended  to read as  follows; 

"1. The  following  two recitals are  added: 
Whereas  the  choice  of  procedures  must  not  lead  to  a  lowering  of 
standards  of  electrical  safety  already  established  throughout  the 
Community,'" 

The  proposal  amending  the  Council  Decision  of  1 a December  1990  on 
certification modules  la amended  as follows» 

Article  2(31  Is replaced  bv  the  following: 

"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. 

The Commission  shall  also, by  the end of  the  transitional  period  In 1997 
at  the  latest,  or  earlier  should  the  urgency  be  recognized,  report  on 
any  special  problems  raised  by  the  Incorporation  of  the  low  voltage 
Directive  73/23/EEC  Into  the  CE  marking  procedures,  indicating,  in 
particular,  whether  safety  Is  being  compromised.  The  Convulsion  shall 
also  list  any  problems  raised  by  the  overlapping  of  Council  Directives 
and shall  stipulate whether  further  community  measures are  required." 

Adopted on  10 March  1993  (PE A3-0084/93) 

ISSN 0254-147 

COM (93) 144 final 

DOCUMENTS 

EN 

10 

Catalogue number : CB-CO-93-167-EN-C 

ISBN 92-77-54420-1 

Office for Official Publications of the European Communities 
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