CELEX: 51993PC0133
Language: en
Date: 1993-04-05
Title: Re-examined proposal for a COUNCIL DIRECTIVE on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             C0M(93) 133 final - SYN 409
                                                              Brussels, 5 ApriI 1993
                                          Re-examined proposal for a
                                               COUNCIL DIRECTIVE
      r O S ^
                   on the harmonization of the provisions relating to the placing on the market
                                   and supervision of explosives for civil uses
                           (presented by the Commission pursuant to Article 149.2(d)
                                              of the EEC treaty)
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                           EXPLANATORY MEMORANDUM
On 9 March 1993 the European Parliament amended the Council common position
adopted on 16 December 1992 on the proposal referred to above.
In pursuance of Article 149(2)(d) of the EEC Treaty the Commission
reexamined its proposal and decided to accept the three amendments adopted
by the Par I lament.
This proposal takes account of the amendments desired by the European
Parliament which the Commission was able to accept.
These amendments are acceptable for the following reasons:
-  the first two amendments would bring the wording of the proposal on
   explosives into line with that relating to the CE mark which has been
   submitted for adoption and which Is horizontal in scope;
-  the third amendment would include the reference to the advisory committee
   as proposed by the Commission In Its original proposal.
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                 REEXAMINED PROPOSAI FOR A COUNCIL DIRECTIVE
on the harmonization of the provisions relating to the placing on the market
                and supervision of explosives for civil uses
1. Article 6(2), first paragraph, should be amended as follows:
   "Member States shall notify the Commission and the other Member States of
   the bodies which they have designated to carry out conformity assessment.
   For Information purposes the Commission shall assign them Identification
   numbers. The Commission shall publish In the Official Journal of the
   European Communities a list of the bodies of which it has been notified
   and the identification numbers assigned to them, and shall update it
   regularly.
2. Article 7(3) shall be amended as follows:
   "(a) Without prejudice to the provisions of Article 8. should a
        Member State discover any unauthorized affixing of the CE mark, the
        manufacturer or his agent or the person responsible for placing the
        product in question on the Community market shall be obliged to
        restore the product to conformity and terminate the Infringement
        under the conditions laid down by the Member State.
   (b)  If unauthorized affixing may have serious consequences for safety,
        or If non-conformity persists, the Member State shall take suitable
        measures to prohibit the placing on the market of the product
        concerned or ensure that It Is withdrawn from the market In
        accordance with the procedures provided for In Article 8."
3. Article 13 shall be amended as follows:
   "The Commission shall be assisted by a commltteean of an advisory nature
   composed of representatives of the Member States and chaired by a
   representative of the Commission.
   The representative of the Commission shall submit to the Committee a
   draft of the measures to be taken. The Committee shall deliver its
   opinion on the draft within a time limit which the Chairman may lay down
   according to the urgency of the matter, If necessary bv taking a vote.
   The opinion shall be entered In the minutes: In addition each Member
   State shall have the right to ask to have Its position recorded in the
   minutes.
   The Commission shall take the utmost account of the opinion delivered by
   the Committee. It shall inform the Committee of the manner in which its
   opinion has been taken into account."
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                                                                      ISSN 0254-1475
                                                               COM (93) 133 final
                                                       DOCUMENTS
EN                                                                              06
                                 Catalogue number : CB-CO-93-158-EN-C
                                                             ISBN 92-77-54069-9
Office for Official Publications of the European Communities
L-2985 Luxembourg