CELEX: 51990PC0284
Language: en
Date: 1990-07-02
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DECISION CONCERNING THE MODULES FOR THE VARIOUS PHASES OF THE CONFORMITY ASSESSMENT PROCEDURES WHICH ARE INTENDED TO BE USED IN THE TECHNICAL HARMONIZATION DIRECTIVES

19. 7. 90                              Official Journal of the European Communities                             N o C 179/13
                                                               II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Amendment to the proposal for a Council Decision concerning the modules for the various
              phases of the conformity assessment procedures which are intended to be used in the technical
                                                  harmonization Directives
                                               COM(90) 284 final — SYN 208
              (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 29 June 1990)
                                                        (90/C 179/23)
              In the light of the opinion delivered by the European Parliament on a first reading regarding
              the proposal for a Council Decision concerning the modules for the various phases of the
              conformity assessment procedures which are intended to be used in the technical harmon-
              ization Directives, with a view to facilitating the cooperation procedure, the Commission has
              decided to amend this proposal as follows:
 1. A second recital (new) is added:                                   Decision and in the general guidelines in the Annex.
                                                                      These procedures may only depart from the modules
                                                                      when the specific circumstances of a particular sector
     'Whereas such methods should ensure that the                      or Directive so warrant. Such departures from the
    products are in full conformity with the essential                 modules must be limited in extent and must be
    requirements laid down in the technical harmon-                   explicitly justified in the relevant Directive. The
    ization Directives, in order to provide, in particular,            Commission will report periodically on the func-
    for the health and safety of users and consumers;'                tioning of this Decision, and whether conformity
                                                                       assessment procedures are working satisfactorily or
                                                                      need to be modified.'
 2. A third recital (new) is added:
                                                                   5. The text of the Annex, Part I, point (d) is replaced
    'Whereas such conformity should be assured without                by the following:
    imposing unnecessarily onerous conditions on manu-
    facturers, and by means of clear and comprehensible
                                                                      'The Directives shall set the range of possible choices
    procedures;'
                                                                      which can be considered by the Council to give the
                                                                      public authorities the high level of safety they seek,
                                                                      for a given product or product sector;'
 3. A fifth recital (new) is added:
                                                                   6. The following sentence is added to the end of point
    'Whereas limited flexibility should be introduced as              (e) of the Annex, Part I:
    regards use of additional modules, or variations in
    the modules, when the specific circumstances of a
    particular sector or Directive so warrant, but not to             'The factors that have been taken into account must
    such a degree as to undercut the purpose of the                   be explicitly spelled out by the Commission in these
    current Decision and only when explicitly justified;'             Directives;'
                                                                   7. The text of the first sentence of point (h) of the
4. The text of the Sole Article is replaced by the
                                                                      Annex, Part I is replaced by the following:
    following:
                                                                      '(h)   Notified bodies should be encouraged,
    'The procedures for conformity assessment which                          wherever possible, to apply the modules
    are to be used in the technical harmonization                            without undue burden for the economic
    Directives relating to the marketing of industrial                       operators.'
    products will be chosen from among the modules
    listed in the Annex to this Decision and in
    accordance with the criteria set out in the present            8. A new point (ha) is added to the Annex, Part I:
 ---pagebreak--- N o C 179/14                            Official Journal of the European Communities                                 19. 7. 90
    '(ha) In order to protect the manufacturers, the                           production phase has complied       with    the
          technical documentation provided to notified                         requirements of the Directives.'
          bodies has to be limited to that which is
          required solely for the purpose of assessment             10. A new point (la) is added to the Annex, Part I:
          of conformity with the essential requirements.
          Legal protection of confidential information                  '(la) This Decision can be reviewed        after   the
          shall be required.'                                                  Directive on the CE mark.'
 9. The text of point (1) of the Annex, Part I is replaced          11. The following new third paragraph is added to the
    by the following:                                                   Annex, Part II, Module B, point 5:
    '(1)  The CE mark (accompanied, wherever appro-                     'If the manufacturer is denied a type certification,
          priate, by the identification symbol of the third             the notified body shall provide detailed reasons for
          party involved in the control of the production               such denial. An appeal procedure must be provided
          phase) shall be affixed only where the                        for.'
             Amendment to the proposal for a Second Council Directive on the coordination of laws, regu-
             lations and administrative provisions relating to direct life assurance, laying down provisions to
             facilitate the effective exercise of freedom to provide services and amending Directive
                                                           79/267/EEC
                                                COM(90) 305 final — SYN 177
                         (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty)
                                                         (90/C 179/24)
             After the twelfth recital, the following recital is inserted:
                   'Whereas nothing in this Directive would prevent a composite undertaking from dividing
                   itself into two undertakings, one active in the field of life assurance and the other in that
                   of non-life insurance; whereas in order to allow such division to take place under the best
                   possible conditions, it is desirable to permit Member States, in accordance with the
                   Community rules on competition, to provide for appropriate tax arrangements, in
                   particular with regard to the capital gain such division might entail;'
             After the last recital the following recital is inserted:
                   'Whereas it will be particularly important to allow those Member States which so wish a
                   sufficiently long period in which to adopt the appropriate provisions in order to ensure the
                   professional qualification and independence of insurance brokers; whereas in view of the
                   increasingly important role such brokers play in advising those buying insurance and
                   facing an increasing offer of products owing to the achievement of freedom to provide
                   services, their professional qualification and independence will become essential factors in
                   the protection of the consumer;'