CELEX: 51996PC0047
Language: en
Date: 1996-02-13
Title: Amended proposal for a Council Directive on marine equipment

COMMISSION OF THE EUROPEAN COMMUNITIES
•Or tr
 it &
                                          Brussels,13.02.1996
                                           COM(96) 47 final
                                           95/0163 (SYN)
                         Amended proposal for a
                         COUNCIL DIRECTIVE
                        on Marine Equipment
       (presented by the Commission pursuant to Article 189 a (2)
                           of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
During its 28-30 November 1995 Plenary Session, the European Parliament approved,
subject to a number of amendments, the Commission's proposal for a Council Directive on
Marine Equipment1.
Most of the amendments adopted by the Parliament do not affect the fundamental principles
of the draft Directive; some of them are consistent with the aim of the proposal and indeed
they bring an added value to it. Others, which the Commission could not accept, are based
on technical misunderstandings, or weaken the provisions of the proposal, or finally duplicate
equivalent provisions which already exist elsewhere.
More precisely, the Commission could not accept:
        the amendment to the first recital, since the same principle is already expressed in
        other recitals of the original proposal;
        the amendment to Article 2, definition of" EU Ship", since it would imply a more
        restricted field of application than the proposal of the Commission;
        the amendment to Article 2, definition of "Testing Standards", since the reference to
        'the European standards organisation or other specialized organisation, according to
        the type of equipment' is far too vague;
        the amendment to Article 5, paragraph 3, since, after the date of entry into force of
        the Directive, the equipment should be manufactured in accordance with the
        provisions of the Directive, notwithstanding the fact that the two years' period
        allowed to Member States to adopt their national laws has not passed yet.
        Furthermore, this amendment would eliminate the interim period after adoption of
        the national laws during which manufacturers can still sell the equipment they have
        in stock;
        the amendment to Article 6, since it is contrary to the main principle of the proposal,
        that is making the International testing standards, and only them, compulsory in the
        Community. To accept to harmonise the implementation of the testing standards
        existing in the Member States would mean to change approach and allow Member
        States to continue to use their own standards, including those which are not at the
        required level;
        the amendment to Article 9, paragraph 2, which is redundant, since the Commission
        accepted to set out the principle of independence of the Notified Bodies in Annex C
        and not in Article 9 (see next page);
        O.J. N" C 218 of 23 August 1995, p. 9.
 ---pagebreak---         the amendment to Annex B, module B, paragraph 2, since the procedures for the
        type-examination of the products are those applied in all the Community measures
        and the Commission intends to have a common Community approach in this field;
        the amendment to Annex C, paragraph 1, since the same principle is already taken
        up in substance in Annex C, indent 3.
The Commission accepted without reservation the amendment to Article 2, definition of
"New Ship", which constitutes a technical-legal improvement.
Finally, the Commission accepted the substance of the following amendments, subject to
drafting improvements:
        the amendment to Article 9, paragraph la (new) , which sets the principle that
        Member States have to undertake regular controls on the Notified Bodies;
        the amendment to Article 9, paragraph 2, which introduces the principle of
        independence of the Notified Bodies; the Commission considers more appropriate to
        lay down this provision in Annex C to the proposal;
        the amendment to Article 14, paragraph 2, which states that discrimination has to be
        avoided for equipment produced in other States, and not only other Member States,
        when carrying out trials of the equipment, as referred to in the first paragraph of this
        Article.
 ---pagebreak---                                  Amended proposal for a
                                      Council Directive
                                   on Marine Equipment
                -Original text                                      Amended lexl
                                           Article 2
"New Ship":                                        New Ship":
means a Ship, the keel of which is laid or         means a Ship, the keel of which is laid or
which is at a similar stage of construction        which is at a similar stage of construction
on or after the date of adoption of this           on or after the date of entry into force of
Directive. For the purpose of this                 this Directive. For the purpose of this
definition, a similar stage of construction        definition, a similar stage of construction
means the stage at which:                          means the stage at which:
(i)     construction identifiable with a           (i)     construction identifiable with a
        specific ship begins and                           specific ship begins and
(ii)    assembly of that ship has                  (ii)    assembly of that ship has
        commenced comprising at least 50                   commenced comprising at least 50
        tonnes or one per cent of the                      tonnes or one per cent of the
        estimated mass of all structural                   estimated mass of all structural
        material, whichever is less.                       material, whichever is less.
                               Article 9, paragraph 1 a (new)
                                                   Member States shall carry out, at least
                                                   every two years, an audit by the competent
                                                   administration or by an impartial external
                                                   organisation appointed by the competent
                                                   administration into the duties the notified
                                                   bodies are undertaking on their behalf.
                                                   The audit shall ensure that the Notified
                                                   Body continues to satisfy the criteria listed
                                                   in Annex C.
 ---pagebreak---               —Original text—                               -Amended text
                              Article 14, paragraph 2
Such trials procedures shall in no way       Such trials procedures shall in no way
discriminate between Equipment produced      discriminate between Equipment produced
in the flag State and Equipment produced     in the flag State and Equipment produced
in other Member States.                      in other States.
                            Annex C, paragraph 1 a (new)
                                             The Notified Body shall be independent
                                             and shall not be controlled by
                                             manufacturers or suppliers of the
                                             equipment.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                             COM(96) 47 final
                                              DOCUMENTS
EN                                                                            07
                                     Catalogue number : CB-CO-96-058-EN-C
                                                             ISBN 92-78-00423-5
Office for Official Publications of the European Communities
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