WRITTEN QUESTION P-4129/00 by António Seguro (PSE) to the Commission. Secretary-General's report on the outcome of the Nice European Council.
Date: 2001-01-09
Institutions: European Parliament, Provisional data
Subjects: European Council, access to EU information, report

C 174 E/236

Official Journal of the European Communities

EN

19.6.2001

In view of these differences, which are not based on considerations linked to the different directives, the
Guide to the implementation of directives based on the New Approach and the Global Approach (2), drawn
up by the Commission, provides in section 7.4 (cid:145)CE marking and other marks(cid:146) a uniform interpretation of
the principles to be applied for the New Approach directives. This interpretation is as follows: (cid:145)In view of
the objectives of technical harmonisation, markings and marks additional to the CE marking need to fulfil
a different function from that of the CE marking. Thus, they should provide an added value in signifying
conformity with objectives that are different from those to which the CE marking relates (for example
environmental aspects not covered by applicable directives). The affixing of legal marking (such as a
protected trademark of a manufacturer), or of acceptable certification and other marks additional to the CE
is allowed to the extent that such markings or marks do not create confusion with the CE
marking,
marking, and that they do not reduce the legibility and visibility of the CE marking. This confusion may
either refer to the meaning or form of the CE marking (3). Whether or not a marking or mark is confusing
should be decided from the point of view of all relevant parties likely to come into contact with it(cid:146).

This guide has been discussed with the Senior Officials Group on Standardisation and Conformity
Assessment Policy, who agreed to its publication.

The comments on the Machinery Directive (4) offer the same interpretation.

The above-mentioned guides are intended to clarify the directives based on the New Approach and to
ensure that those directives are applied uniformly across the different sectors of the Single Market. The
guides are informal and non-binding, and this is clearly indicated in their forewords. The forewords also
point out that only the Directives themselves are compulsory.

(1) Particularly Directives 98/79/EC (OJ L 331, 7.12.1998) and 97/23/EC (OJ L 181, 9.7.1997).
(2) Office for Official Publications of the European Communities, Cat. No CO-22-99-014-EN (DE, FR)-C.
(3)

(132) The wording used in various New Approach directives varies slightly, but any other interpretation would
prevent achieving the purpose of the applicable provisions.

(4) Community legislation on machinery (cid:129) Comments on Directive 98/37/EC, Publications Office Catalogue No CO-

01-96-279-EN (DE, ES, FR, IT)-C.

(2001/C 174 E/253)

WRITTEN QUESTION P-4129/00

by Ant(cid:243)nio Seguro (PSE) to the Commission

(9 January 2001)

Subject: Secretary-General(cid:146)s report on the outcome of the Nice European Council

On Saturday, 16 December 2000 an article was published on the last page of the Portuguese newspaper (cid:145)O
Pœblico(cid:146) entitled (cid:145)Confidential report by Prodi colleague (cid:129) Portugal seen as a loser in Nice(cid:146). That article
referred to a report drawn up by the Secretary-General of the Commission on the outcome of the Nice
European Council. In accordance with the rules applicable, can the Commission confirm whether such a
report exists and, if so, send me a copy?

Answer given by Mr Prodi on behalf of the Commission

(30 January 2001)

The note referred to by the Honourable Member was an internal note designed to give a very rapid initial
report on the outcome of the Nice European Council to the Commission(cid:146)s delegations and representations.
It was not intended for public distribution and does not represent the Commission(cid:146)s assessment of the
European Council, which was given to the Parliament by the President of the Commission on 12 December
2000. However, since the note has been leaked to the press, the Commission is, as requested, making a
copy available to the Honourable Member.