CELEX: 51990PC0276
Language: en
Date: 1990-06-18
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO NON-AUTOMATIC WEIGHING INSTRUMENTS

10. 7. 90                             Official Journal of the European Communities                             No C 167/5
                                                              II
                                                      (Preparatory Acts)
                                                COMMISSION
           Re-examined proposal for a Council Directive on the approximation of the laws of the Member
                                 States relating to non-automatic weighing instruments (J)
                                               COM(90) 276 final — SYN 174
           (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 22 June 1990)
                                                       (90/C 167/03)
          The Commission is able to accept the Council common position as set out in document
           10084/1/89 of 22 December 1989, subject to the following amendments:
                                                  Amendment of Article 13
                                                     (Amendment No 7)
           1.    Instruments that bear the EC mark of conformity and are used for any of the applications
          referred to in Article 1 (2) (a) shall be inspected every two years in order to ensure that they
          are still in conformity with the type as described in the type-approval certificate (if applicable)
          and satisfy those requirements of this Directive that apply to them.
          2.     They should be re-verified:
          (a) if, on inspection, they are no longer in conformity with the type as described in the type-
               approval certificate, where applicable, and/or do not meet those requirements of this
               Directive that apply to them;
          (b) after repair, modifications or reassembly;
          (c) after relocation in a geographical area with a gravity value that is sufficiently different to
               justify re-verification, in particular error of indication.
          3.     The appropriate tests as set out in the relevant standards as referred to in Article 5, or
          equivalent tests, shall be carried out in the event of inspection or re-verification. The maximum
          permissible error limits shall be those specified in Annex I, item 4.2 in the case of an inspection,
          and those specified in Annex I, item 4.1 in the case of re-verification.
          4.     The inspections and re-verifications shall be carried out by bodies that have been auth-
          orized for that purpose by the Member States.
          (') OJ No C 297, 25. 11. 1989, p. 13 (COM(89) 553 final — SYN 174).
 ---pagebreak--- No C 167/6                           Official Journal of the European Communities                               10. 7. 90
                             Amendments rejected by the Commission together with its comments
                                                   AMENDMENT No 1
                                                       (Recital 9 bis)
                                              Text proposed by the Parliament
           Whereas the Standing Committee set up under Directive 83/189/EEC will be given important
           new responsibilities under the present Directive; whereas it is essential to ensure that it be given
           proper resources and take its decisions within an adequate time frame;
                                                    Commission position
           The Commission cannot accept this amendment for the following reasons:
           The Article 6 to which this recital refers concerns the 83/189/EEC Committee, which is the
           competent body for the management of the harmonized standards in all of the sectors
           harmonized by the 'new approach' Directive.
           The Commission feels that the directives on the various sectors concerned must not impose the
           management rules of the 83/189/EEC Committee which will ensure that account is taken of
           the specific nature of each sector. The Commission therefore feels that this recital is unjustified.
                                                   AMENDMENT No 2
                                                      (Recital 9 ter)
                                             Text proposed by the Parliament
          Whereas the restrictions of all kinds on the marketing of non-automatic weighing instruments
           should gradually be removed throughout the European Community;
                                                   Commission position
          Amendment No 2 cannot be accepted by the Commission since the principles set out therein
          are set out in recital 3 in the common position of the Council.
                                                   AMENDMENT No 3
                                                    (Recital 9 quater)
                                             Text proposed by the Parliament
          Whereas the Commission should, as soon as possible, enter into negotiations with non-member
          countries in order to determine whether a system of declaration of production conformity can
          be established on a bilateral or multilateral basis between the European Community and such
          countries;
 ---pagebreak---  10. 7. 90                             Official Journal of the European Communities                                 No C 167/7
                                                     Commission position
               The Commission cannot accept this amendment for the following reasons:
               Negotiations with non-member countries on matters concerning tests and the assessment of
               conformity will take place as pan of the appropriate discussions and negotiations. It would be
               unsuitable to introduce a recital on this matter into this Directive.
                                                     AMENDMENT No 4
                                                  (Article 6 first paragraph)
              Common position of the Council                                        Text amended by Parliament
Whereas a Member State or the Commission considers                  Where a Member State or the Commission considers
that the harmonized standards referred to in Article 5(1)           that the harmonized standards referred to in Article 5(1)
do not fully meet the essential requirements referred to            do not fully meet the essential requirements referred to
in Article 3, the Commission or the Member State                    in Article 3, the Commission or the Member State
concerned shall bring the matter before the Standing                concerned shall bring the matter before the Standing
Committee set up under Directive 83/189/EEC, here-                  Committee set up under Directive 83/189/EEC, here-
inafter referred to as 'the Committee', giving its reasons          inafter referred to as 'the Committee', giving its reasons
for doing so. The Committee shall deliver an opinion                for doing so. The Committee shall deliver an opinion
without delay.                                                     within three months. An extra period of one month may
                                                                    be granted if justified for specific technical reasons.
                                                     Commission position
              The above amendment cannot be accepted by the Commission since the subjects laid before the
              83/189/EEC Committee may be complex and require intensive analysis which must therefore
              not be subjected to timetable constraints. However, the Commission will ensure that these
              procedures are performed as quickly as possible.
                                                    AMENDMENT No 5
                                                     (Article 8 (2) (bis))
                                               Text proposed by the Parliament
              The EC declaration of type conformity (guarantee of production quality) as referred to in
              Article 8(1) above shall be limited to manufacturers or their authorized representatives whose
              quality system has been approved by a notified body within the European Community pursuant
              to the provisions of Annex II, point 2.
                                                     Commission position
             The Commission is unable to accept this amendment since it would duplicate other provisions.
             Indeed, its aim has already been incorporated in Article 9 and in Annex II, point 2, to the
             common position of the Council.
             Moreover, the file on the 'Overall Approach as regards Certification' sets out in detail certain
             administrative aspects of the notification procedures used by the certifying bodies.
 ---pagebreak--- No C 167/8                         Official Journal of the European Communities                          10. 7. 90
                                                 AMENDMENT No 6
                                                  (Article 9 (3) (bis))
                                            Text proposed by the Parliament
           Where a Member State or the Commission considers that a designated body in a Member State
           does not meet the minimum criteria referred to in Annex V, the matter shall be brought before
           the Committee, which shall deliver its opinion within three months. In the light of the
           Committee's opinion the Commission shall inform the Member States concerned of any
           changes needed if that body is to retain its recognized status.
                                                  Commission position
           The Commission is unable to accept this amendment since it involves assigning to the
           83/189/EEC Committee tasks for which it is not competent and where consultation of a
           Committee is not justified. Indeed, as part of the monitoring of the proper implementation of
           secondary legislation the Commission should ensure that only the competent bodies are
           notified.