REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment
Date: 2020-10-29
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: EC conformity marking, delegated legislation, market supervision, marketing standard, pressure equipment, product design, product safety, technical standard, transfer of competence

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  EN 

   EUROPEAN COMMISSION  Brussels, 29.10.2020 COM(2020) 675 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment  
 
 
INTRODUCTION 

Directive  2014/68/EU1  lays  down  requirements  on  the  design,  manufacture  and  conformity 
assessment  of  pressure  equipment  and  assemblies  with  a  maximum  allowable  pressure  PS 
greater than 0,5 bar. Article 45 of the Directive empowers the Commission to adopt delegated 
acts in order to:  

  make  an  item  or  family  of  pressure  equipment  referred  to  in  Article  4(3)  which  are 
designed  and  manufactured  in  accordance  with  the  sound  engineering  practice  of  a 
Member  State  subject  to  the  essential  safety  requirements  set  out  in  Annex  I  of  the 
Directive as indicated in Article 4(1) of the Directive;   

  make an assembly or family of assemblies referred to in Article 4(3) which are designed 
and manufactured in  accordance with  the sound engineering practice of a Member State 
subject to requirements set out in Annex I of the Directive as indicated in Article 4(2) of 
the Directive;  

  classify  an  item  or  family  of  pressure  equipment,  by  way  of  derogation  from  the 

requirements of Annex II of the Directive, in another category. 

LEGAL BASIS 

This  report  is  required  under  Article  46(2)  of  Directive  2014/68/EU.  Pursuant  to  that 
provision, the power to adopt delegated acts is conferred upon the Commission for a period of 
five years from 1 June 2015 and the Commission is required to prepare a report in respect of 
the delegation of that power. 

EXERCISE OF THE DELEGATION 

Since the entry into force of Directive 2014/68/EU, the Commission has not made use of the 
empowerment to adopt delegated acts. 

However,  the  reasons,  which  have  led  the  co-legislators  to  delegate  the  power  to  adopt 
delegated  acts  on  the  Commission,  are  still  valid  and  the  Commission  may  indeed  need  to 
make use of the empowerment in the future. For instance, the market surveillance authorities 
of  the  Member  States  periodically  report  concerns  about  the  safety  of  some  novel  products 
placed on the market. Reclassification of such products may therefore be required, to subject 
them  to  stricter  requirements.  The  Commission  might  therefore  make  use  of  the 
empowerment with respect to such products.  

CONCLUSION 

The Commission believes that the delegation of power to adopt the delegated acts described 
in  Articles 45 and 46 of the Directive 2014/68/EU should be extended.  Article 46(2) of the 
Directive  provides  that  the  delegation  of  power  shall  be  tacitly  extended  for  periods  of  an 
identical duration, unless the European Parliament or the Council opposes such extension not 
later than three months before the end of each period. 

1 Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of 
the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 
27.6.2014, p. 164–259). 

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