Re-examined proposal for a COUNCIL DIRECTIVE on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses
Date: 1993-04-05
Institutions: European Commission
Subjects: explosive, free movement of goods, harmonisation of standards, preparation for market, safety standard, transport of dangerous goods

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 133 final - SYN 409 

Brussels, 5 ApriI 1993 

Re-examined  proposal  for a 

COUNCIL DIRECTIVE 

r O S^ 

on the harmonization of the provisions relating to the placing on the market 
and supervision of explosives for civil  uses 

(presented by the Commission pursuant  to Article  149.2(d) 
of the EEC treaty) 

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EXPLANATORY  MEMORANDUM 

On 9 March  1993 the European Parliament  amended  the Council  common  position 
adopted  on  16 December  1992 on  the proposal  referred  to above. 

In pursuance  of Article  149(2)(d) of  the EEC Treaty  the  Commission 
reexamined  its proposal  and  decided  to accept  the  three amendments  adopted 
by  the Par I lament. 

This proposal  takes account  of  the amendments desired  by  the  European 
Parliament  which  the Commission was able  to accept. 

These amendments  are acceptable  for  the following reasons: 

-  the first  two amendments would  bring  the wording of  the proposal  on 

explosives  into  line with  that  relating  to the CE mark which  has been 
submitted  for adoption and which  Is horizontal  in scope; 

-  the  third  amendment  would  include  the  reference  to the advisory  committee 

as proposed  by  the Commission  In  Its original  proposal. 

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REEXAMINED  PROPOSAI FOR A COUNCIL  DIRECTIVE 

on the harmonization of the provisions relating  to the placing on  the market 
and supervision of explosives for civil  uses 

1. Article 6(2), first paragraph, should be amended as follows: 

"Member  States shall notify the Commission and  the other Member  States of 
the bodies which  they have designated  to carry out  conformity assessment. 
For  Information purposes the Commission  shall  assign  them  Identification 
numbers.  The Commission shall  publish  In the Official  Journal  of  the 
European Communities a  list of  the bodies of which  it has been notified 
and the  identification numbers assigned  to them, and shall  update it 
regularly. 

2.  Article 7(3) shall  be amended as follows: 

"(a) Without  prejudice  to the provisions of Article 8. should a 

Member  State discover  any unauthorized affixing of  the CE mark, the 
manufacturer or his agent or  the person responsible  for placing  the 
product  in question on  the Community market  shall  be obliged  to 
restore the product  to conformity  and  terminate  the  Infringement 
under  the conditions  laid down by  the Member State. 

(b)  If unauthorized  affixing may  have serious consequences  for safety, 

or  If non-conformity persists, the Member  State shall  take suitable 
measures  to prohibit  the placing on  the market of  the product 
concerned or ensure that  It  Is withdrawn  from  the market  In 
accordance with  the procedures provided  for  In Article 8." 

3. Article 13 shall  be amended as follows: 

"The Commission shall be assisted by a commltteean of an advisory nature 
composed of  representatives of  the Member  States and chaired  by a 
representative of  the Commission. 

The representative of  the Commission shall  submit  to the Committee a 
draft of  the measures to be taken.  The Committee shall  deliver  its 
opinion on the draft within a time  limit which  the Chairman may  lay down 
according  to the urgency of  the matter,  If necessary  bv  taking a vote. 

The opinion shall  be entered  In the minutes:  In addition each Member 
State shall  have the right  to ask  to have  Its position  recorded  in the 
minutes. 

The Commission shall  take the utmost  account of  the opinion delivered by 
the Committee.  It shall  inform  the Committee of  the manner  in which  its 
opinion has been taken  into account." 

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ISSN 0254-1475 

COM (93) 133 final 

DOCUMENTS 

EN 

06 

Catalogue number : CB-CO-93-158-EN-C 

ISBN 92-77-54069-9 

Office for Official Publications of the European Communities 
L-2985 Luxembourg