Re-examined proposal for a COUNCIL DIRECTIVE on marine equipment
Date: 1996-12-04
Institutions: European Commission
Subjects: communications systems, international standard, maritime safety, protective equipment, vessel

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  04.12.1996 
COM(96) 628  final 

95/0163  (SYN) 

Re-examined proposal  for a 

COUNCIL DIRECTIVE 

on marine equipment 

(presented by the Commission pursuant to Article  189 c (d) 
of the EC Treaty) 

Explanatory  memorandum 

On 24 October 1996 the European Parliament adopted 3 amendments to the common position 
on the above proposal  which was adopted by the Council on  18 June  19%. The  amendments 
of  the Parliament are  attached  to this  memorandum. 

In pursuance of Article  189 c, section (d) of the EC Treaty,  the Commission has re-examined 
its proposal  and  decided  to accept amendment  N°  1 of  the European  Parliament  and  not to 
accept  amendments  N°  2 and  3,  for  the following  reasons: 

Amendment  N°  1 related  to  Article  3,  paragraph  3 of  the common  position 

This amendment  represents  an improvement  to the text of the common position since 
it  will  avoid  unnecessary  application  of  overlapping  provisions  to the same  piece of 
its  safety 
radiocommunication  equipment,  without 
performance.  After  in-depth  re-examination  of the  technical  Annex to this proposal, 
it  was  proven  that  compliance  of  radiocommunication  equipment  with  the  relevant 
safety  requirements  of the other EC directives  is already  ensured  under this proposal 
when referring  in Annex A to specific  international  testing  standards  to be applied to 
the  radiocommunication  equipment  itself. 

in  any  way  jeopardising 

Amendment  N°  2 related  to Article  9,  paragraph  3a  (new) 

This  new  paragraph  proposed  by  the  Parliament  merely  repeats  the  principle  of 
independence  for  notified  bodies  which  is already  set  out  in the text  of  the  common 
position  (Annex C,  paragraph 2). It is, therefore,  an unnecessary  duplication of such 
provisions. 

Amendment  N°  3 related  to Article  18 of  the common  position 

The  regulatory  Committee  foreseen  in  the  common  position  is  the  same  type  of 
Committee established  in all the other Community  measures  on maritime  safety.  The 
common  position  is  continuing  a  standard  practice  in  this  field  which  has  to  be 
maintained  for  reasons  of  consistency. 

Annex  1: 

Re-examined  Proposal 

Annex  2: 

Amendments  adopted  by  the  European  Parliament  and  not  accepted  by  the 
Commission 

Annex  1 

Re-examined  proposal  for  a 

Council  Direrrivp 

on marine  equipment 

Article 3(3) 

States 

3.  Notwithstanding  the fact that the 
equipment  referred  to in paragraph 1 
may  fall  within  the  scope  of 
Directives  other  than this Directive 
for  the  purposes  of  free  movement, 
and  in particular  Council  Directives 
89/336/EEC  of  3  May  1989  on  the 
approximation  of  the  laws  of  the 
Member 
to 
electromagnetic  compatibility  and 
89/686/EEC of 21 December  1989 on the 
approximation  of  the  laws  of  the 
Member  States  relating  to  personal 
protective  equipment,  that  equipment 
shall  be  subject  only  to  this 
Directive,  to  the  exclusion  of  all 
others  for  those  purposes.  yhis 
paragraph 
apply  fco. 
shall 
radiocommunications  equipment. 

relating 

not 

3.  Notwithstanding  the fact that the 
equipment  referred  to in paragraph 1 
may  fall  within  the  scope 
of 
Directives other  than this Directive 
for  the  purposes  of  free  movement, 
and  in particular  Council  Directives 
89/336/EEC  of  3  May  1989  on  the 
approximation  of  the  laws  of  the 
Member 
to 
electromagnetic  compatibility  and 
89/686/EEC of 21 December  1989 on the 
approximation  of  the  laws  of  the 
Member  States  relating  to  personal 
protective  equipment, that  equipment 
shall  be  subject  only  to  this 
Directive,  to  the  exclusion  of  all 
others for those purposes. 

relating 

States 

Annex  2 

Common  position  of  the Council 

Amendments  bv  Parliament 

(Amendment 2) 
Article 9(3a)  (new) 

ia^ The  Member  States  shall  ensure 
that the bodies which they appoint as 
notified  bodies  provide  all  the 
necessary  guarantees  of  independence 
(financial, administrative and other) 
from  the  manufacturers  or  suppliers 
tllfi  eouipment  which  thev  are 
ûf 
evaluating. 

Common  position  of  the  Council 

Amendments  bv  Parliament 

(Amendment 3) 
Article  18(1) and  (2) 

1.  The Commission shall be assisted 
by ihfi committee set up by Article 12 
of  Council  Directive  93/75/EC  of  13 
September  1993  concerning  minimum 
requirements for vessels bound  for or 
leaving  Community  ports  and  carrying 
dangerous  or  polluting  OQQdsJ  in 
accordance  with  the. 
procedure  laid 
down in this Article. 

1.  The Commission shall be assisted 
by a committee of an advisory  nature 
Composed  Of  the  representatives  of 
the Member States and chaired  bv the 
representative of the Commission. 

The 

2.  The  Commission  representative 
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. 
he 
opinion 
delivered  by the  majority  laid  down 
in  Article  146(2) of the Treaty  in 
the  case  of  decisions  Hhish the 
Council  is required  to adopt  on a 
proposal  from  the Commission.  Thz 
votes  of  the  representatives  of  the 
Memhej: 
the  committee 
shall  be  weighted  in  the manner  set 
out  in thai  Article.  The  chairman 
shall  not vote. 

s_ta_fce^  allhln 

shall 

OJ L 247. 5.10.1993. P.  19. 

2.  The  Commission  representative 
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. 

2a^_ The  opinion  shall be recorded 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 tahen into  account. 

2ÏLL.  Ihfi  committee  shall  meet  in 
public. It shall publish agendas  two 
weeks in advance of its meetings. It 
Shall 
its 
meetings. It shall establish a public 
register of declarations of interest 
by its members-

Publish 

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COM(96) 628 final 

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