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Document 52022PC0462

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency

COM/2022/462 final

Brussels, 19.9.2022

COM(2022) 462 final

2022/0280(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency

(Text with EEA relevance)

{SEC(2022) 323 final} - {SWD(2022) 288 final} - {SWD(2022) 289 final} - {SWD(2022) 290 final}


EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The Single Market is one of the EU’s greatest assets and provides the backbone for the EU’s economic growth and wellbeing. Recent crises, such as the COVID-19 pandemic or Russia’s invasion of Ukraine, have demonstrated some vulnerability of the Single Market and its supply chains in case of unforeseen disruptions and, at the same time, how much the European economy and all its stakeholders rely on a well-functioning Single Market. In the future, in addition to geopolitical instability, climate change and resulting natural disasters, biodiversity loss, and global economic instability may lead to other, new emergency situations. For this reason, the functioning of the Single Market needs to be guaranteed in times of emergency.

The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to the appearance of obstacles to free movement within the Single Market, thus disrupting its functioning. On the other hand, a crisis can amplify the shortages of crisis-relevant goods and services if the Single Market is fragmented and is not functioning. As a result, supply chains can swiftly become interrupted, companies face difficulties in sourcing, supplying or selling goods and services. Consumer access to key products and services becomes disrupted. Lack of information and legal clarity further exacerbate the impact of these disruptions. In addition to direct societal risks caused by the crisis, citizens, and in particular vulnerable groups, are confronted with strong negative economic impacts. The proposal therefore aims to address two separate but interrelated problems: obstacles to free movement of goods, services and persons in times of crisis and shortages of crisis-relevant goods and services.

In close cooperation with all Member States and other existing EU crisis instruments, the Single Market Emergency Instrument (SMEI) package will provide a strong agile governance structure as well as a targeted toolbox to ensure the smooth functioning of the Single Market in any type of future crisis. It is likely that not all of the tools included in this proposal will be needed simultaneously. The purpose is rather to brace the EU for the future and equip it with what may prove to be necessary in a given crisis situation severely affecting the Single Market.

The European Council in its Conclusions of 1-2 October 2020 1 stated that the EU will draw the lessons from the COVID-19 pandemic and address remaining fragmentation, barriers and weaknesses of the Single Market in facing emergency situations. In the Update of the Industrial Strategy Communication 2 , the Commission announced an instrument to ensure the free movement of persons, goods and services, as well as greater transparency and coordination in times of crisis. The initiative forms part of the Commission Work Programme for 2022 3 . The European Parliament welcomed the Commission’s plan to present a Single Market Emergency Instrument and called on the Commission to develop it as a legally binding structural tool to ensure the free movement of persons, goods and services in case of future crises 4 .

Consistency with existing policy provisions in the policy area

A number of EU legal instruments lay down provisions which are relevant for the management of crises in general. On the other hand, certain EU frameworks and recently adopted Commission proposals lay down more targeted measures which focus on certain aspects of crisis management or are relevant for specific sectors. The Single Market Emergency Instrument will apply without prejudice to the provisions put forward by these targeted crisis management instruments, which are to be considered as lex specialis. Financial services, medicinal products, medical devices or other medical counter-measures and food safety products in particular are excluded from the scope of the initiative due to the existence of a dedicated crisis-relevant framework in these areas.

Interplay with horizontal crisis response mechanisms

The integrated political crisis response mechanism (IPCR) 5 is among the horizontal crisis response mechanisms 6 . The Presidency of the Council of the EU uses the IPCR to facilitate information sharing and political coordination among the Member States in responding to complex crises. The IPCR scrutinised for the first time in October 2015 the refugee and migration crisis and it has been instrumental in monitoring and supporting the response to the crisis, reporting to Coreper, the Council and the European Council. The IPCR operated the Union response to major crises caused by cyber-attacks, natural disasters, or hybrid threats. More recently, the IPCR has also operated after the outbreak of the COVID-19 pandemic and the Russian brutal aggression on Ukraine.

Another EU mechanism for general crisis response is the Union Civil Protection Mechanism and its Emergency Response Coordination Centre (ERCC) 7 . The ERCC is the Commission’s central operational 24/7 hub for first emergency response, the establishment of strategic stockpiles at the EU level for emergency response (“rescEU”), disaster risk assessments, scenario building, disaster resilience goals, EU wide overview of natural and man-made disaster risks, other prevention and preparedness measures, such as training and exercises.

Interplay with horizontal Single Market mechanisms

When appropriate and necessary, coordination should be ensured between the Single Market Emergency Instrument and the activities of the Single Market Enforcement Task-Force (SMET). In particular, the Commission shall refer notified obstacles that significantly disrupt the free movement of goods and services of strategic goods and services for discussion/review to the Single Market Enforcement Task Force (SMET).

Consistency with other Union policies

Interplay with measures targeting specific aspects of crisis management

The above-mentioned horizontal crisis response mechanisms are supplemented by other more targeted measures, focusing on specific aspects of the Single Market such as the free movement of goods, common rules on exports or public procurement.

One such framework is the Regulation (EC) No. 2679/98 setting up a response mechanism to address obstacles to the free movement of goods attributable to a Member State leading to serious disruptions and requiring immediate action (‘The Strawberry Regulation’) 8 . This Regulation provides for a mechanism of notification as well as a system of information exchange between the Member States and the Commission. (See sections 8.1 and 8.2 for more details.)

The Regulation on common rules for exports 9 allows the Commission to subject certain categories of products to an extra-EU export surveillance or to an extra-EU export authorisation. The Commission was subjecting certain vaccines and active substances used for the manufacture of such vaccines to export surveillance 10 on this basis.

Other economic measures include negotiated procedure and occasional joint procurement by the Commission on behalf of the Member States 11 .

Interplay with sector-specific crisis measures

Certain EU frameworks lay down more targeted measures which focus only on certain specific aspects of crisis management or only concern certain specific sectors.

The Commission communication “Contingency plan for ensuring food supply and food security” 12 draws lessons learnt during the COVID-19 pandemic and previous crises with the objective to step up coordination and crisis management including preparedness. To this end, the contingency plan puts forward key principles to be followed to ensure food supply and food security in the event of future crises. To ensure the implementation of the contingency plan and the key principles therein, the Commission in parallel established the European Food Security Crisis preparedness and response Mechanism (EFSCM), a group composed of Member States and non-EU countries representatives as well as of food supply chain stakeholders chaired by the Commission to strengthen coordination, exchange data and practices. The EFSCM was convened for the first time in March 2022 to discuss the impacts of the energy and input price increases and the consequences of Russia’s invasion of Ukraine for food security and supply. The market observatories and the civil dialogue groups are other fora that ensure transparency and the flow of information in the food sector.

The Commission communication “Contingency plan for transport” 13 has the objective to ensure crisis preparedness and business continuity in the transport sector. The plan establishes a “crisis manual” that includes a toolbox consisting of 10 actions aimed at mitigating any negative impact on the transport sector, passengers and the internal market in the event of a crisis. These include among others measures rendering EU transport laws fit for crisis situations, ensuring adequate support for the transport sector, ensuring free movement of goods, services and people, sharing of transport information, testing transport contingency in real-life situations etc. 14

Regulation (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products 15 (CMO Regulation) as well as the sister CMO Regulation for fisheries 16 provide the legal basis for collecting relevant information from Member States to improve market transparency 17 .

Regulation (EU) No 2021/1139 1308/2013 establishing the European Maritime, Fisheries and Aquaculture Fund 18 (EMFAF Regulation) provides the legal basis for supporting the fisheries and aquaculture sector in case of exceptional events causing a significant disruption of markets.

Regulation (EU) 2021/953 establishing the EU Digital COVID Certificate 19 sets out a common framework for the issuance, verification and acceptance of interoperable certificates for COVID-19 vaccination, test or recovery certificates to facilitate free movement of EU citizens and their family members during the COVID-19 pandemic. Furthermore, based on Commission proposals, the Council adopted specific recommendations on the coordinated approach to the restriction of free movement in response to COVID-19 pandemic 20 . The Commission also announced in the 2020 citizenship report 21  that it intends to review the 2009 guidelines on free movement in order to improve legal certainty for EU citizens exercising their free movement rights, and to ensure a more effective and uniform application of the free movement legislation across the EU. The reviewed guidelines should address among others the application of restrictive measures on free movement, specifically those that are due to public health concerns.

Regulation (EU) 2022/123 on a reinforced role for the European Medicines Agency in crisis preparedness and management for medicinal products and medical devices provides a framework to monitor and mitigate potential and actual shortages of centrally and nationally authorised medicinal products for human use considered as critical to address a given ‘public health emergency’ or ‘major event’  22 .

Finally, the Commission Decision of 16 September 2021 established the Health Emergency Preparedness and Response Authority 23 for coordinated action at Union level to respond to health emergencies, including monitoring the needs, swift development, manufacturing, procurement and equitable distribution of medical countermeasures.

Interplay with ongoing initiatives

In parallel, a number of initiatives, which have been recently proposed and are currently being discussed, concern aspects relevant for the crisis response and preparedness. These initiatives however have a limited scope covering specific types of crisis scenarios and are not intended to set up a general horizontal crisis-management framework, nor to introduce emergency procedures in the relevant sectoral Union framework regulating the design, conformity assessment, placing on the market and market surveillance of goods. To the extent these initiatives include a sectoral crisis response and preparedness framework, that the sectoral frameworks considered in the context of this initiative, which lay down the harmonised Union level rules for the design, conformity assessment, placing on the market and market surveillance of goods are maximum harmonisation frameworks, the will be no overlap with any of the ongoing initiatives.

None of the relevant ongoing intiatives lay down any sectoral emergency procedures, which are to be incorporated in the relevant sectoral harmonised frameworks regulating the free movement of goods.

The Commission proposal for a Regulation on serious cross-border threats to health, repealing Decision No 1082/2013/EU (the 'Cross-border Health Threats Decision') 24 aims at strengthening the EU's health security framework, and reinforcing the crisis preparedness and response role of key EU agencies with respect to serious cross-border health threats 25 . When adopted, it will strengthen the preparedness and response planning and reinforce epidemiological surveillance and monitoring, improve data reporting, strengthen EU interventions.

The Commission proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 851/2004 establishing a European Centre for disease prevention and control 26 .

The Commission proposal for a Council Regulation on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures in the event of a public health emergency at Union level 27 provides for crisis response tools such as joint procurement, mandatory information requests for businesses about their production capacities, and repurposing production lines in case of public health crises once a public health emergency would be declared. The declaration of an EU emergency situation would trigger increased coordination and allow for the development, stockpiling and procurement of crisis-relevant products. The proposal covers medical countermeasures defined as medicinal products for human use, medical devices and other goods or services that are necessary for the purpose of preparedness and response to serious cross-border threats to health.

The Commission proposal for the European Chips Act 28 aims to strengthen Europe’s semiconductor ecosystem. One important pillar of this strategy is to set up a mechanism for coordinated monitoring and response to shortages in the supply of semiconductors, aiming to anticipate and swiftly respond to any future supply chain disruptions, through a dedicated emergency toolbox, together with Member States and international partners. The planned mechanism is specific to a possible semiconductor crisis and will apply in an exclusive way if the crisis stage is triggered.

The Commission proposal for a Data Act 29 will allow public sector bodies to access data held by the private sector that is necessary for exceptional circumstances, particularly to implement a legal mandate if data are not otherwise available or in case of a public emergency (i.e. exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s)).

The Commission proposal to amend the Schengen Borders Code 30 aims to provide a common response at the internal borders in situations of threats affecting a majority of Member States. The proposed amendment will also put in place procedural safeguards in case of unilateral reintroductions of internal border controls and provide for the application of mitigating measures and specific safeguards for cross-border regions in cases where internal border controls are reintroduced. Such controls affect in particular people crossing the border for their daily life (work, education, health care, family visits) as evidenced during the COVID-19 pandemic. The proposal promotes increased use of effective alternative measures to address the identified threats to internal security or public policy instead of internal border controls, for instance increased checks by police or other authorities in border regions, subject to certain conditions. The proposal also includes the possibility for the Council to quickly adopt binding rules setting out temporary travel restrictions for third country nationals at the external borders in case of a threat to public health. It also clarifies which measures Member States can take to manage the EU's external borders effectively in a situation where migrants are instrumentalised by third countries for political purposes.

The proposal for a Directive on the resilience of critical entities adopted by the Commission in December 2020 31 has the objective to enhance the resilience of entities providing services that are essential for the maintenance of vital societal functions or important economic activities the EU. With this initiative, the aim is to create a comprehensive framework to support Member States in ensuring that critical entities providing essential services are able to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from significant disruptive incidents such as natural hazards, accidents or terrorism. The Directive will cover eleven key sectors, including energy, transport, banking and health. 

The Joint communication of 18 May 2022 on the Defence Investment Gaps Analysis and Way Forward, identified several issues including the ability of the EU's Defence Technological and Industrial Base (as well as the global Defence Technological and Industrial Base) to address upcoming defence Member State procurement needs, and putting forward several measures.

In the context of the General Product Safety Directive 2001/95/EC revision, the Commission intends to examine the questions whether and to what extent, or by what modalities, the production issues that are addressed by the Omnibus rules as regards goods covered by various harmonised regimes could be addressed in the distinct context of non-harmonised goods.

Consistency with the EU’s external action

The European External Action Service will support the High Representative in her/his function, as Vice-President of the Commission, to coordinate the Union’s external action within the Commission. Union delegations under the authority of the High Representative will exercise their functions as external representatives of the Union and assist, as relevant, in external dialogues.

Interplay with other instruments

The Commission can support Member States in designing and implementing reforms to anticipate, prepare and respond to impacts of natural or man-made crises on the Single Market through the Technical Support Instrument (TSI) laid down by Regulation (EU) 2021/240 of the European Parliament and of the Council.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The proposal is based on Articles 91 and 114 TFEU, with Article 91 being the original legal basis for the adoption of Directive 2010/35/EU on transportable pressure equipment and Article 114 being the original legal basis for the remaining 13 sectoral frameworks. These 13 sectoral frameworks are: Directive 2000/14/EC on noise emissions in the environment by equipment for use outdoors; Directive 2006/42/EU on machinery; Directive 2013/29/EU on pyrotechnic articles; Directive 2014/28/EU on civil explosives; Directive 2014/29/EU on simple pressure vessels; Directive 2014/30/EU on electromagnetic compatibility; Directive 2014/31/EU on non-automatic weighing instruments; Directive 2014/32/EU on measuring instruments; Directive 2014/33/EU on lifts; Directive 2014/34/EU on equipment for potentially explosive atmospheres (ATEX); Directive 2014/35/EU on low voltage equipment; Directive 2014/53/EU on radio equipment and Directive 2014/68/EU pressure equipment.

The EU sectoral frameworks, which are considered in the context of this proposal are the ones, which are among the so-called “harmonised products”. What is common among these sectoral frameworks is that they lay down harmonised rules regarding the design, manufacture, conformity assessment and placing on the market of such products. Essentially, these sectoral frameworks introduce for each respective sector/product category the essential safety requirements which the products should meet and the procedures how to assess the compliance with these requirements. These rules lay down full harmonisation and therefore the Member States cannot derogate from these rules, even in a case of emergency, unless the respective framework provides for such a possibility.

Another common feature of these frameworks is that they are more or less closely aligned to the general principles laid down in Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products 32 , which lays down reference provisions for the drawing up of Community legislation harmonising the conditions for the marketing of products.

Other EU harmonised frameworks, which follow the same approach, such as the Medical devices Regulation (EU) 2017/745 and the In vitro diagnostic medical devices Regulation (EU) 2017/746 already contain provisions allowing the Member States to derogate from the harmonised procedures in certain cases. Therefore, it is not necessary to amend those frameworks.

Subsidiarity (for non-exclusive competence)

The proposal aims to amend the harmonised rules laid down by a number of EU sectoral frameworks. These frameworks do not provide for the possibility for the Member States to adopt crisis-response measures in derogation of the harmonised rules. Considering that the Directives, which this proposal aims to amend are maximum harmonisation frameworks, such amendments may only be done at EU level.

Proportionality

The economic activities across the Single Market are deeply integrated. Interaction between companies, service providers, clients, consumers and workers located in different Member States that rely on their free movement rights, is increasingly common. The experience of the past crisis has shown that often the distribution of production capacities across the EU is uneven (e.g. with the production lines of certain products primarily located in a few Member States). In parallel, in the case of a crisis, the demand for crisis-relevant goods or services across the EU territory may also be uneven. The objective of ensuring the smooth and undisrupted functioning of the Single Market cannot be achieved by means of unilateral national measures. Moreover, even if measures adopted by the Member States individually may be able to address to a certain extent the deficiencies resulting from a crisis at the national level, they are in fact more likely to further exacerbate the said crisis across the EU by adding further obstacles to the free movement and/or additional strain on products already impacted by shortages.

Choice of the instrument

The proposal aims to amend 14 Directives of the European Parliament and of the Council and. In order to respect the principle of parallelism, the Proposal shall take the form of a Proposal for a Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Ex-post evaluations/fitness checks of existing legislation

The Regulation (EC) No. 2679/98 setting up a response mechanism to address obstacles to the free movement of goods attributable to a Member State leading to serious disruptions and requiring immediate action (‘The Strawberry Regulation’) will be repealed. According to its evaluation finalised in October 2019 and supported by an external study, this mechanism is rarely used and its information exchange system is insufficient as it is too slow and outdated 33 .

Stakeholder consultations

As outlined in Annex 2 to the Impact Assessment accompanying this proposal, stakeholder consultation activities were conducted between October 2021 and May 2022. The consultation activities included: a call for evidence published on the “Have your say” portal and open from 13 April to 11 May 2022, a public consultation conducted via a questionnaire published on the same portal in the same period, a stakeholder workshop on 6 May 2022, a Member State survey in May 2022 and targeted consultations conducted by means of meetings with Member States and specific stakeholders.

Stakeholders largely agree with the need to ensure free movement as well as greater transparency and coordination in times of crisis. Most experiences described by stakeholders came from the COVID-19 crisis. When it comes to ensuring availability of crisis-relevant goods, Member States have expressed support for measures such as coordination of public procurement, fast-track conformity assessment and improved market surveillance. A number of Member States have voiced concern about including broad crisis preparedness measures when no crisis is looming on the horizon, without specifying targeted supply chains. While some business stakeholders voiced concerns about mandatory measures targeting economic operators, others have expressed support for a greater coordination and transparency, measures to ensure free movement of workers, fast-track notifications of national measures, fast track procedures for development and publishing of European standards, EU and national single points of information, emergency drills for experts.

Collection and use of expertise

Evidence and data that were used for the development of the Impact Assessment included:

“The impact of COVID-19 on the Internal Market”, study at the request of the EP IMCO Committee;

Evaluation of the “Strawberry Regulation” (EC) No 2679/98 and its supporting external study;

Evaluation of the New Legislative Framework;

Relevant information and/or evidence collected in the context of preparation of existing or proposed EU crisis response initiatives and mechanisms, including through consultation activities or impact assessment studies (e.g. the Data Act, Single Market Information Tool (SMIT), the EU Health Security Framework, Schengen Borders Code, Contingency plan for ensuring food supply and food security, the integrated political crisis response mechanism (IPCR), Contingency plan for transport, EU Digital COVID Certificate Regulation, Council Recommendation (EU) 2020/1475 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic and its adaptations);

Academic studies and literature on the effect of previous crises on the functioning of the Single Market, as well as existing position papers and other documents drawn up by relevant stakeholders;

Newspaper articles and press materials.

The Impact Assessment further relied on the information received from consultation activities as detailed in the synopsis report contained in Annex 2 of the Impact Assessment.

The evidence base of the report is strongly limited due to the relatively low number of responses to the call for evidence and the public consultation, and the lack of a supporting study. To remedy this situation, on 6 May 2022 the Commission conducted a stakeholder workshop attended by a large number of stakeholders and conducted a series of targeted consultations, especially with Member States and stakeholders.

Impact assessment

In line with its ‘Better Regulation’ policy, the Commission conducted an Impact Assessment 34 . The Impact Assessment evaluated three policy options establishing a governance body and a framework for contingency planning, vigilance and emergency modes. Both Single Market vigilance mode and Single Market emergency mode would be activated according to specific criteria and triggering mechanisms. Certain measures in the toolbox would need additional activation.

On the basis of analysis of problem drivers and gaps in the relevant sector-specific legislation, eight building blocks of measures were defined by grouping measures into blocks applying at different times (at all times, in vigilance mode and in emergency mode). For each building block, three policy approaches were analysed ranging from non-legislative measures (approach 1) to a hybrid approach (approach 2) to a more comprehensive legislative framework (approach 3). On the basis of this analysis, some or all approaches were retained for each building block and were combined into three realistic policy options reflecting different levels of political ambition and stakeholder support:

Mode

Building blocks

Policy Option 1

TRANSPARENCY

Policy Option 2

COOPERATION

Policy Option 3

SOLIDARITY

All times

1. governance, coordination and cooperation

Approach 2

Formal Advisory Group as the technical-level forum and obligation of the MS to share information within the group in anticipation and during the crisis

All times

2. crisis contingency planning

Approach 2

Recommendation to the MS for risk assessment, training and drills & compendium of crisis response measures

Approach 3

- Recommendation to MS for risk assessment & compendium of crisis response measures and

- Obligation of the Commission for Union level risk assessment

- Obligation of MS to train their relevant crisis management staff regularly

Vigilance

3. Single Market vigilance

Approach 2

- Recommendation to the Member States on information gathering concerning identified strategic supply chains

- Recommendations to the Member States for building up strategic reserves of goods of strategic importance

Approach 3

- Obligation to MS to gather information concerning identified strategic supply chains

- Obligation of the Commission to draw up and regularly update list with targets for strategic reserves

- Obligations tof MS 35 to build up strategic reserves for selected goods of strategic importance if the MS strategic reserves fall significantly short of the targets

Emergency

4. key principles and supportive measures for facilitating free movement during emergency

Approach 2

Reinforcing key principles of free movement of crisis-relevant goods and services in binding rules where appropriate for effective crisis management

Emergency

5. transparency and administrative assistance during emergency

Approach 3

Binding full-fledged fast-track notification mechanism, flash peer review and possibility to declare the notified measures incompatible with EU law; contact points and electronic platform

Emergency

6. speeding up the placing of crisis-relevant products on the market during emergency

Approach 2

Targeted amendments of existing Single Market harmonisation legislation: faster placing of crisis-relevant products on the market; Commission can adopt technical specifications; MS prioritise market surveillance for crisis-relevant products

Emergency

7. public procurement during emergency

Approach 2

New provision on joint procurement/common purchasing by the Commission for some or all Member States

Emergency

8. measures impacting crisis-relevant supply chains during emergency mode

Approach 1

Guidance on ramping up production capacity; speeding up permitting procedures; accepting and prioritising orders of crisis relevant goods

Recommendations to businesses to share crisis-relevant information

Approach 2

Recommendations to MS for the distribution of stockpiled products; speeding up permitting procedures; encouraging economic operators to accept and prioritise orders

Empowering MS 36 to oblige economic operators to ramp up production capacity and to address binding information requests to economic operators

Approach 3

Obligations of MS 37 to distribute products previously stockpiled; speeding up permitting procedures,

Obligations of businesses to accept and prioritise orders; ramp up production capacity and provide crisis-relevant information

The Impact Assessment did not present a preferred option, instead leaving the choice of options for political decision. The measures chosen in the legal proposal correspond to Policy Option 3 for all building blocks with the exception of building block 8. For building block 8, a combination of Policy Option 1 (for ramping up production), Policy Option 2 (for distribution of stockpiled products and for speeding up permitting procedures), and Policy Option 3 (for obligations of businesses to accept and prioritise orders and to provide crisis-relevant information) has been chosen.

On 15 June 2022, the Commission submitted the Impact Assessment to the Regulatory Scrutiny Board (RSB). The RSB gave a negative opinion, noting in particular (1) the need to provide clear and detailed information related to the foreseen Single Market emergency including a definition, the criteria and decision-mechanisms for establishing and terminating it and the measures which would be implemented during it; (2) the need to provide a thorough assessment of the impacts of the policy options; and (3) the need to present alternative combinations of relevant policy options, in addition to the policy approaches, and to link the comparison to the analysis of impacts. To address these findings, the Commission provided a clear definition of a Single Market emergency, specified the criteria and decision making mechanisms, explained the three modes of functioning of SMEI and specified which building block of SMEI would be activated under which mode. It further elaborated the assessment of impacts to cover more types of impacts i.e. economic impacts for key stakeholders (businesses, Member States and Commission), impacts on SMEs, impacts on competitiveness, competition, international trade, and differentiated which impact would occur with the immediate effects and which could be expected under the vigilance and emergency modes. Further, the Impact Assessment defined three alternative policy options based on a combination of different approaches to some of the building blocks, provided an assessment of impacts of these options and extended the comparison of options to cover proportionality and subsidiarity.

On 29 July 2022, the Commission submitted the revised Impact Assessment to the RSB. The RSB then gave a positive opinion with comments. These comments related to the need to further explore the different types of crisis that may impact the functioning of the Single Market, to more clearly set out the interplay with possible measures taken on the basis of Article 4(2) TFEU and to sufficiently justify some of the measures proposed from the subsidiarity and proportionality point of view. To address these comments, indications on effects of potential future crises were added, interplay with potential measures under Article 4(2) TFEU was better explained and further details were added on the obligatory measures foreseen under emergency mode.

Further information on how the RSB recommendations are reflected in the Impact Assessment report can be found in Annex 1, point 3, of the Impact Assessment.

Regulatory fitness and simplification

According to the Commission’s Regulatory Fitness and Performance Programme (REFIT), all initiatives with the objective to change existing EU legislation should aim to simplify and deliver stated policy objectives more efficiently (i.e. reducing unnecessary regulatory costs).

The overall SMEI package provides a toolbox of measures to address Single Market emergency, consisting a set of measures applicable at all times as well as certain measures only applicable in vigilance or emergency modes, to be separately activated. The current proposal provides for emergency procedures for the conformity assessment, placing on the market, adoption of common specifications and market surveillance. There are no administrative costs for businesses and citizens that would apply with immediate effect and during the normal functioning of the Single Market.

For measures part of the overall SMEI package and likely to lead to strong impacts and potential costs for SMEs, in particular measures such as mandatory information requests, requests to ramp up production and to accept priority-rated orders, during the additional activation of such measures specific analysis and assessment will be done as to their impact and proportionality, in particular their impact on SMEs, by the Commission. This assessment will be part of the process of additional activation of these specific measures by a Commission implementing act (additional to the overall triggering of the emergency mode). Depending on the nature of the crisis and the concerned strategic supply chains and crisis-relevant products, specific accommodations will be provided for SMEs. While it is not possible to except microenterprises completely from the scope of measures such as mandatory information requests, as these enterprises may have specific unique know-how or patents of critical importance in a crisis, specific accommodations will include simplified survey designs, less onerous reporting requirements, and longer deadlines for responses, to the extent possible in view of the need for urgency in the context of a specific crisis.

In the context of the overall SMEI package, the Regulation (EC) No. 2679/98 setting up an response mechanism to address obstacles to the free movement of goods attributable to a Member State leading to serious disruptions and requiring immediate action (‘The Strawberry Regulation’) will be repealed. This will lead to the simplification of the legal framework.

Fundamental rights

The proposal does not have an impact on the exercise of their fundamental rights of citizens or businesses.

4.BUDGETARY IMPLICATIONS

The measures in this act concern targeted amendments of existing product legislation. The implementation and application thereof is the responsibility of the Member States. There will thus not be implications on the Union budget.

5.OTHER ELEMENTS

Implementation plans and monitoring, evaluation and reporting arrangements

There is no specific monitoring mechanism included to this proposal. The specific monitoring requirements are already contained in the EU sectoral frameworks, which are being amended by this proposal and the amendments do not have an impact on these existing monitoring, evaluation and reporting arrangements.

European Economic Area

The proposed act is of relevance to the EEA and should therefore extend thereto.

Detailed explanation of the specific provisions of the proposal

The amendments, which this Proposal aims to introduce cover the following aspects:

(1)Prioritisation by the notified bodies of the conformity assessment of products designated as crisis-relevant;

(2)Possibility for the national competent authorities to issue temporary authorisations for crisis relevant products, which have not undergone the standard conformity assessment procedures, provided that the products comply with all the applicable essential requirements and provided that the authorisation is limited to the duration of the Single Market emergency and to the territory of the issuing Member State;

(3)Possibility for the manufacturers to rely on relevant international and national standards during an emergency if no harmonised standards are available and if the alternative standards ensure an equivalent level of safety;

(4)Possibility for the Commission to adopt via delegated acts voluntary or mandatory common technical specifications for crisis-relevant products;

(5)Prioritisation of the market surveillance activities for crisis-relevant goods



2022/0280 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91 and 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 38 ,

Having regard to the opinion of the Committee of the Regions 39 ,

Acting in accordance with the ordinary legislative procedure 40 ,

Whereas:

(1) [insert reference to SMEI Regulation] aims to ensure the normal functioning of the Single Market, including the free movement of goods, services and persons and guarantee the availability of crisis-relevant goods and services and goods and services of strategic importance to citizens, businesses and public authorities during a crisis.

(2)The framework established by [insert reference to SMEI Regulation] lays down measures, which should be deployed in a coherent, transparent, efficient, proportionate and timely manner, so as to prevent, mitigate and minimise the impact on the functioning of the Single Market that a crisis may cause.

(3) [insert reference to SMEI Regulation] lays down a multi-layered mechanism consisting of contingency planning, vigilance mode and Single Market emergency mode.

(4) [insert reference to SMEI Regulation] lays down rules with the objective of safeguarding the free movement of goods, services and persons in the Single Market and to ensure the availability of goods and services that are particularly important also in times of crisis. [insert reference to SMEI Regulation] applies to both goods and services.

(5)In order to complement, ensure consistency and further enhance the effectiveness of such measures, it is appropriate to ensure that crisis-relevant goods referred to in [insert reference to SMEI Regulation] may be swiftly placed on the Union market in order to contribute to addressing and mitigating the disruptions.

(6)A number of EU sectoral legal acts lay down harmonised rules regarding the design, manufacture, conformity assessment and placing on the market of certain products. Such legal acts include Directives 2000/14/EC 41 , 2006/42/EC 42 , 2010/35/EU 43 , 2013/29/EU 44 , 2014/28/EU 45 , 2014/29/EU 46 , 2014/30/EU 47 , 2014/31/EU 48 , 2014/32/EU 49 , 2014/33/EU 50 , 2014/34/EU 51 , 2014/35/EU 52 , 2014/53/EU 53 and 2014/68/EU 54 of the European Parliament and of the Council. Moreover, most of those legal acts are based on the principles of the new approach to technical harmonisation and are also aligned to the reference provisions laid down by Decision 768/2008/EC EC of the European Parliament and of the Council 55 .

(7)Neither the reference provisions laid down by Decision No 768/2008/EC, nor the specific provisions laid down by the sectoral EU harmonisation legislation provide for procedures designed to apply in crisis. It is appropriate to introduce targeted adjustments to those Directives, aimed at responding to impacts of crises affecting products that have been designated as crisis-relevant goods and covered by those Directives.

(8)Experience from the past crises that have affected the Single Market has shown that the procedures laid down in the sectoral legal acts are not designed to cater the needs of crisis-response scenarios and do not offer the necessary regulatory flexibility. It is therefore appropriate to provide for a legal basis for such crisis-response procedures as a complement to the measures adopted under [insert reference to SMEI Regulation].

(9)In order to overcome the potential effects of disruptions on the Single Market and in order to ensure that crisis-relevant goods are placed on the market swiftly, it is appropriate to provide for a requirement for the conformity assessment bodies to prioritise the conformity assessment applications of such products over any pending applications concerning products, which have not been designated as crisis-relevant.

(10)To that end, emergency procedures should be laid down in Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and, 2014/68/EU. Those procedures should be available only following the activation of the Single Market emergency and only when a specific good covered by those Directives is designated as crisis-relevant mode in accordance with [insert reference to SMEI Regulation].

(11)Furthermore, in cases where the disruptions might affect the conformity assessment bodies or in cases where the testing capacities for such crisis-relevant products would not be sufficient, it is appropriate to provide for the possibility for the national competent authorities to exceptionally and temporarily authorise the placing on the market of products, which have not undergone the usual conformity assessment procedures required by the respective EU sectoral legislation.

(12)As regards products falling within the scope of those Directives that have been designated as crisis-relevant goods, the national competent authorities should be able, in the context of an ongoing Single Market emergency, to derogate from the obligation to carry out those conformity assessment procedures laid down in those Directives, in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products, provided that they comply with the applicable essential safety requirements. Compliance with those substantive requirements may be demonstrated by various means, which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. The specific procedures, which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority.

(13)Where a Single Market emergency entails an exponential increase in the demand for certain products and in order to support the efforts of economic operators to meet such demand, it is appropriate to provide technical references, which may be used by the manufacturers to design and produce crisis-relevant goods, which comply with the applicable essential health and safety requirements.

(14)A number of sectoral EU harmonised frameworks provide for the possibility for a manufacturer to benefit from a presumption of conformity if their product complies with a harmonised European standard. However, in cases where such standards do not exist or the compliance with them might be rendered excessively difficult by the disruptions caused by the crisis, it is appropriate to provide for alternative mechanisms.

(15)With respect to Directive 2006/42/EC, Directives 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/53/EU and 2014/68/EU, the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of Regulation (EU) No 1025/2012 56 ensuring an equivalent level of protection to that offered by the harmonised European standards comply with the relevant essential health and safety requirements.

(16)Furthermore, with respect to Directives 2006/42/EC, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU, the Commission should have the possibility to adopt by means of implementing acts common specifications, on which the manufacturers may rely in order to benefit from a presumption of conformity with the applicable essential requirements. The implementing act laying down such common specifications should remain applicable for the duration of the Single Market emergency.

(17)With respect to Directives 2006/42/EC, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU, in exceptional and duly justified circumstances, notably in order to ensure the interoperability among products or systems, the Commission should be able to adopt by means of implementing acts common specifications laying down mandatory technical specifications, with which the manufacturers will be required to comply. The implementing act laying down such common specifications should remain applicable for the duration of the Single Market emergency.

(18)In order to ensure that the level of safety provided by the harmonised products is not compromised, it is necessary to provide for rules for enhanced market surveillance, in particular with respect to goods designated as crisis-relevant and including by enabling closer cooperation and mutual support among the market surveillance authorities.

(19)In accordance with its established practice, the Commission would systematically consult the relevant sectoral experts in the context of the early preparation of all draft implementing acts laying down common specifications.

(20)Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU should therefore be amended accordingly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1
Amendments to Directive 2000/14/EC

Directive 2000/14/EC is amended as follows:

the following articles are inserted:

Article 17a
Application of emergency procedures

1.Member States shall ensure that measures taken to transpose Articles 17b, 17c and 17d of this Directive only apply if Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 226 of [the SMEI Regulation] with respect to this Directive.  

2.Member States shall ensure that measures taken to transpose in Articles 17b, 17 c and 17d apply exclusively to equipment, which has been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose in Articles 17b, 17c and 17d apply during the Single Market emergency mode.

However, Article 17c(2), second subparagraph, and Article 17c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to equipment placed on the market in accordance with Article 17c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19a(2).

Article 17b
Prioritisation of the conformity assessment of crisis-relevant equipment

1.This Article shall apply to equipment listed in the implementing act referred to in Article 17a(1), which is subject to conformity assessment procedures in accordance with Article 14, which require the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of equipment designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of equipment designated as crisis-relevant goods shall be processed as a matter of priority, ahead of any other applications for conformity assessment of equipment, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of equipment designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 17a.

4.The prioritisation of applications for conformity assessment of equipment pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for equipment designated as crisis-relevant goods in respect of which they have been notified.

Article 17c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 14, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of specific equipment referred to in Article 12 and listed in the implementing act referred to in Article 17a(1)and for which the conformity assessment procedures requiring mandatory involvement of a notified body referred to in Article 14 have not been carried out by a notified body but for which the compliance with all the applicable requirements concerning the noise emission in the environment of this Directive has been demonstrated.

2.The manufacturer of equipment subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the equipment concerned complies with all the applicable requirements concerning the noise emission in the environment of this Directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the equipment, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the equipment may be placed on the market or put into service, including:

(a)a description of the procedures, by means of which the compliance with the applicable requirements concerning the noise emission in the environment of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the equipment concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the equipment concerned;

(e)measures to be taken with respect to the equipment concerned upon expiry of the authorisation in order to ensure that the equipment concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 17a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article, also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation fromArticles 6 and 11, equipment, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not benefit from free movement across the Union and shall not bear the CE marking. The market surveillance authorities are not required to recognise the validity of authorisations issued by the competent national authorities of another Member State.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such equipment.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market or putting into service of equipment in accordance with paragraph 1.

8.The application of Articles 17a to 17d and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 14 on the territory of the Member State concerned.

Article 17d
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for equipment, designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for equipment, designated as crisis-relevant goods.’

(2) Article 18, is amended as follows:

(a)In paragraph 1, the following sentence is added after the first sentence: ‘That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.’ ‘The committee referred to in Article 18 shall:’;; ‘The committee referred to in Article 18 shall:’;

(b)the following paragraph is added after paragraph 1:

‘2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’

Article 2
Amendments to Directive 2006/42/EC

In Directive 2006/42/EC, the following articles are inserted:

Article 21b
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 21c to 21h of this directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 21c to 21h are apply exclusively to machinery, which has been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 21c to 21h apply during the Single Market emergency mode.

However, Article 21d(2), second subparagraph, and Article 21d(5) shall apply during the Single Market emergency mode and after its deactivation or expiry. 

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to machinery placed on the market in accordance with Articles 21d to 21g. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Article 21c
Prioritisation of the conformity assessment of crisis-relevant machinery

1.This Article shall apply to machinery designated as crisis-relevant goods, which is subject to conformity assessment procedures in accordance with Article 12, which require the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of machinery designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of machinery designated as crisis-relevant goodsshall be processed as a matter of priority, ahead of any other applications for conformity assessment of machinery, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of machinery designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 21b.

4.The prioritisation of applications for conformity assessment of machinery pursuant to paragraph 2 and 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for machinery designated as crisis-relevant goods in respect of which they have been notified.

Article 21d
Derogation from party conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 12, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of specific machinery which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring mandatory involvement of a notified body referred to in Article 12 have not been carried out by a notified body but for which the compliance with all the applicable essential health and safety requirements has been demonstrated.

2.The manufacturer of machinery subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the machinery concerned complies with all the applicable essential health and safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the machinery, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the machinery may be placed on the market or put into service, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential health and safety requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the machinery concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the machinery concerned;

(e)measures to be taken with respect to the machinery concerned upon expiry of the authorisation in order to ensure that the machinery concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 21d(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3, also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 6 and 16, machinery, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive 57  with respect to such machinery.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market or putting into service of machinery in accordance with paragraph 1.

8.The application of Articles 21b to 21h and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 12 on the territory of the Member State concerned.

Article 21e
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market or putting into service, their competent authorities consider that the machinery which complies with of relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential health and safety requirements set out in Annex I, complies with those essential health and safety requirements in either of the following cases:

a)where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012

Article 21f
Adoption of common specifications conferring a presumption of conformity

1.Where machinery has been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such machinery to cover the essential health and safety requirements set out in Annex I, in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where the severe disruptions in the functioning of the Single Market which led to the activation the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation]significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 22(3).They shall apply to machinery placed on the market until the last day of the period for which the Single Market emergency mode has been activated in accordance with Article 15(4) of [the SMEI Regulation]. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 7, machinery which is in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential health and safety requirements set out in Annex I covered by those common specifications or parts thereof.

4.By way of derogation from Article 21b(3), first subparagraph, unless there is sufficient reason to believe that the machinery covered by the common specifications referred to in paragraph 1 of this Article presents a risk to the health or safety of persons, the machinery in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and safety requirements which it aims to cover and which are set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 21g
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential health and safety requirements set out in Annex I for machinery listed in the implementing act referred to in Article 21b(1).

2.The implementing acts establishing mandatory common specifications referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the procedure referred to in Article 22(3). They shall apply to machinery placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 21b(3), first subparagraph, unless there is sufficient reason to believe that the machinery covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the machinery in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 21h
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for machinery, designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for machinery designated as crisis-relevant goods.’

Article 3
Amendments to Directive 2010/35/EU

Directive 2010/35/EU is amended as follows:

the following Chapter 5a is inserted:

‘‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 33a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 33b, 33c and 33d of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 33b, 33c and 33d apply exclusively to transportable pressure equipment, which has been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 33b, 33c and 33d apply during Single Market emergency mode.

4.However, Article 33c(2), second subparagraph, and Article 33c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

5.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to transportable pressure equipment placed on the market in accordance with Article 33c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 38a(2).

Article 33b
Prioritisation of the conformity
assessment of crisis-relevant transportable pressure equipment

1.This Article shall apply to transportable pressure equipment designated as crisis-relevant goods, which is subject to conformity assessment procedures in accordance with Article 12, which require the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of transportable pressure equipment designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of equipment designated as crisis-relevant goods shall be processed as a matter of priority, ahead of any other applications for conformity assessment of equipment, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of transportable pressure equipment designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 33a.

4.The prioritisation of applications for conformity assessment of transportable pressure equipment pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for transportable pressure equipment designated as crisis-relevant goods in respect of which they have been notified.

Article 33c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 12, any competent national authority may authorise, on a duly justified request, the placing on the market within the territory of the Member State concerned, of a specific transportable pressure equipment designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in Article 12 have not been carried out by a notified body but for which the compliance with all the applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive has been demonstrated.

2.The manufacturer, the importer,the distributor and the user of a transportable pressure equipment subject to the authorisation procedure referred to in paragraph 1 of this Article shall declare on his sole responsibility that the transportable pressure equipment concerned complies with all the applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer, the importer, the distributor and the user shall also deploy all reasonable measures to ensure that the transportable pressure equipment, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issues by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the transportable pressure equipment may be placed on the market or put into service, including:

(a)a description of the procedures, by means of which the compliance with the applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the transportable pressure equipment concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the transportable pressure equipment concerned;

(e)measures to be taken with respect to the transportable pressure equipment concerned upon expiry of the authorisation in order to ensure that the transportable pressure equipment concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 33a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 14 and 16, transportable pressure equipment, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not leave the territory of the Member State that has granted the authorisation .

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such transportable pressure equipment.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market of a transportable pressure equipment in accordance with paragraph 1.

8.The application of Articles 33a to 33d and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 12 on the territory of the Member State concerned.

Article 33d
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for transportable pressure equipment, designated as crisis-relevant goods.

The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for transportable pressure equipment, designated as crisis-relevant goods.

2.the following Article is inserted:

Article 38a

Committee procedure

1.The Commission shall be assisted by the committee on the transport of dangerous goods established by Article 9 of Directive 2008/68/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 4
Amendments to Directive 2013/29/EU

In Directive 2013/29/EU, the following Chapter 5a is inserted:

‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 42a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 42b to 42g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 42b to 42g apply exclusively to pyrotechnic articles, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 42b to 42g apply during the Single Market emergency mode.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to pyrotechnic articles placed on the market in accordance with Articles 42c to 42f. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(3).

Article 42b
Prioritisation of the conformity assessment of crisis-relevant pyrotechnic articles

1.This Article shall apply to all pyrotechnic articles designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Article 17 requiring the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of pyrotechnic articles designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of equipment designated as crisis-relevant goods shall be processed as a matter of priority, ahead of any other applications for conformity assessment of equipment, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of pyrotechnic articles designated as crisis-relevant goods, irrespective of, whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 42a.

4.The prioritisation of applications for conformity assessment of pyrotechnic articles pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for pyrotechnic articles designated as crisis-relevant goods in respect of which they have been notified.

1.Article 42c
Derogation from party conformity assessment procedures requiring mandatory involvement of a notified body By way of derogation from Article 17, any competent national authority may authorise, on a duly justified request, the placing on the market within the territory of the Member State concerned, of a specific pyrotechnic article which has been designated as crisis-relevant good and for which the conformity assessment procedures which require the mandatory involvement of a notified body referred to in Article 17 have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.

2.The manufacturer of a pyrotechnic article subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the pyrotechnic article concerned complies with all the applicable essential safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

3.The manufacturer shall also deploy all reasonable measures to ensure that the pyrotechnic article, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

4.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the pyrotechnic article may be placed on the market, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential safety requirements of Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the pyrotechnic article concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the pyrotechnic article concerned;

(e)measures to be taken with respect to the pyrotechnic article concerned upon expiry of the authorisation in order to ensure that the pyrotechnic article concerned is brought back in compliance with all the requirements of this Directive.

5.By way of derogation from Article 42a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article, also after the deactivation or expiry of the Single Market Emergency mode.

6.By way of derogation from Articles 4 and 20, pyrotechnic articles, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not benefit from free movement across the Union and shall not bear the CE marking. The market surveillance authorities are not required to recognise the validity of authorisations issued by the competent national authorities of another Member State.

7.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such pyrotechnic articles.

8.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market of a pyrotechnic article in accordance with paragraph 1.

9.The application of Articles 42a to 42g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 17 on the territory of the Member State concerned.

Article 42d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider that pyrotechnic articles which comply with the relevant international standards or any national standards in force in the Member State of manufacture, if such standards ensuring the safety level required by the essential safety requirements set out in Annex I, complies with those essential safety requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 42e
Adoption of common specifications conferring a presumption of conformity

1.Where pyrotechnic articles, have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts for such pyrotechnic articles establishing common specifications to cover the essential safety requirements set out in Annex I in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 44(3). They shall apply to for pyrotechnic articles placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specifications, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 16, pyrotechnic articles which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential safety requirements set out in Annex I covered by those common specifications or parts thereof.

4.By way of derogation from Article 42a(3), first subparagraph, unless there is sufficient reason to believe that the pyrotechnic articles covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the pyrotechnic articles in compliance with the said common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. 

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential safety requirements which it aims to cover and which are set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 42f
Adoption of mandatory common specifications

1.In duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential safety requirements set out in Annex I for pyrotechnic articles, which have been designated as crisis-relevant goods.

2.The implementing acts referred to in paragraph 1 shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 44(3) and they apply to pyrotechnic articles placed on the market until the last day of the period for which the Single Market emergency remains active. In the early preparation of the draft implementing acts establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 42a(3), first subparagraph, unless there is sufficient reason to believe that the pyrotechnic articles covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the pyrotechnic articles in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 42g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for pyrotechnic articles designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for pyrotechnic articles designated as crisis-relevant goods.’

Article 5
Amendments to Directive 2014/28/EU

In Directive 2014/28/EU, the following Chapter 6a is inserted:

‘CHAPTER 6a
EMERGENCY PROCEDURES

Article 45a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 45b to 45g of this Directive shall only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 45b to 45g apply exclusively to explosives, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 45b to 45g apply during the Single Market emergency mode. 

However, Article 45c(2), second subparagraph, and Article 45c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to explosives placed on the market in accordance with Articles 45c to 45f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(3).

Article 45b
Prioritisation of the conformity assessment of crisis-relevant explosives

1.This Article shall apply to explosives designated as crisis-relevant goods, which are subject to conformity assessment procedures, in accordance with Article 20requiring the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of explosives designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of such explosives designated as crisis-relevant goods shall be processed as a matter of priority, ahead of any other applications for equipment, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of explosives designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 45a.

4.The prioritisation of applications for conformity assessment of explosives pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, which have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for explosives designated as crisis-relevant goods in respect of which they have been notified.

Article 45c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 20, any competent national authority may authorise, on a duly justified request, the placing on the market within the territory of the Member State concerned, of a specific explosive which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in that Article 20 have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.

2.The manufacturer of an explosive subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the explosive concerned complies with all the applicable essential safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the explosive, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the explosive may be placed on the market, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential safety requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the explosive concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the explosive concerned;

(e)measures to be taken with respect to the explosive concerned upon expiry of the authorisation in order to ensure that the explosive concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 45a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 3 and 23, explosives, for which an authorisation has been granted in accordance with paragraph 1 of this Article, shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such explosives.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market of an explosive in accordance with paragraph 1.

8.The application of Articles 45a to 45g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 20 on the territory of the Member State concerned.

Article 45d
Presumption of conformity based on national and international standards

(a)Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities conside rthat the explosives which comply with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential safety requirements set out in Annex II, complies with those essential safety requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Annex II to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 45e
Adoption of common specifications conferring a presumption of conformity

1.Where explosives, has been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts for such explosives establishing common specifications to cover the essential safety requirements set out in Annex II in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex II already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 49(3).  They shall apply to the explosives placed on the market until the last day of the period for which the Single Market emergency mode remains applicable in accordance with [the SMEI Regulation]. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 19, explosives which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential safety requirements set out in Annex II covered by those common specifications or parts thereof.

4.By way of derogation from Article 45a(3), first subparagraph, unless there is sufficient reason to believe that the explosives covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the explosives in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential safety requirements which it aims to cover and which are set out in Annex II, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 45f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential safety requirements set out in Annex II for explosives which have been designated as crisis-relevant goods.

2.The implementing acts referred to in paragraph 1 shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 49(3) and they shall apply to explosives placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 45a(3), first subparagraph, unless there is sufficient reason to believe that the explosives covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the explosives in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 45g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for explosives designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for explosives, designated as crisis-relevant goods.’

Article 6
Amendments to Directive 2014/29/EU

In Directive 2014/29/EU, the following Chapter 5a is inserted:

‘‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 38a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 38b to 38g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 38b to 38g apply exclusively to vessels, which have been designated as crisis-relevant goods in the Commission implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 38b to 38g apply during the Single Market emergency mode.

However, Article 38c(2), second subparagraph, and Article 38c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to vessels placed on the market in accordance with Articles 38c to 38f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

Article 38b
Prioritisation of the conformity assessment of crisis-relevant vessels

1.This Article shall apply to vessels designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Article 13 requiring the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of vessels designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of vessels designated as crisis-relevant goods shall be processed as a matter of priority, ahead of any other applications for conformity assessment of equipment, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of vessels designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 38a.

4.The prioritisation of applications for conformity assessment of vessels pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for vessels designated as crisis-relevant goods in respect of which they have been notified.

Article 38c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 13, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of a specific vessel which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in Article 13 have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.

2.The manufacturer of a vessel subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the vessel concerned complies with all the applicable essential safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the vessel, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the vessel may be placed on the market or put into service, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential safety requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the vessel concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the vessel concerned;

(e)measures to be taken with respect to the vessel concerned upon expiry of the authorisation in order to ensure that the vessel concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 38a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article, also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 5 and 16, vessels, for which an authorisation has been granted in accordance with paragraph 1 of this Article, shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking and inscriptions.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such vessels.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market or putting into service of a vessel in accordance with paragraph 1.

8.The application of Articles 38a to 38g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 13 on the territory of the Member State concerned..

Article 38d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market or putting into service, their competent consider vessels which comply with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring a safety level required by the essential safety requirements set out in Annex I, complies with those essential safety requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 38e
Adoption of common specifications conferring a presumption of conformity

1.Where vessels, have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts for such vessels establishing common specifications to cover the essential safety requirements set out in Annex I, in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)the severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 39(3). They shall apply to vessels placed on the market until the last day of the period for which the Single Market emergency mode remains active in accordance with Article 15(4) of [the SMEI Regulation]. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 12, vessels which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential safety requirements set out in Annex I covered by those common specifications or parts thereof.

4.By way of derogation from Article 38a(3), first subparagraph, unless there is sufficient reason to believe that the vessels covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the vessels in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential safety requirements which it aims to cover and which are set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 38f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential safety requirements set out in Annex I for vessels, which have been designated as crisis-relevant goods.

2.The implementing acts referred to in paragraph 1 shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 39(3) and they shall apply to vessels placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 38a(3), first subparagraph, unless there is sufficient reason to believe that the vessels covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the vessels in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 38g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for vessels, designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for vessels, designated as crisis-relevant goods.’

Article 7
Amendments to Directive 2014/30/EU

Directive 2014/30/EU is amended as follows:

the following Chapter 5a is inserted:

‘‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 40a
Application of mergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 40b to 40g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 40b to 40g apply exclusively to apparatus, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 40b to 40g apply during the Single Market emergency mode.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to apparatus placed on the market in accordance with Articles 40c to 40f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2a).

Article 40b
Prioritisation of the conformity assessment of crisis-relevant apparatus

1.This Article shall apply to apparatus designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Article 14 requiring the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of apparatus designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of apparatus designated as crisis-relevant goods shall be processed as a matter of priority, ahead of any other applications for equipment, which has not been designated as crisis-relevant goods. This requirement is applies with respect to all applications for conformity assessment of apparatus designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 40a.

4.The prioritisation of applications for conformity assessment of apparatus pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for apparatus designated as crisis-relevant goods in respect to which they have been notified.

Article 40c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 14, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of a specific apparatus which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in Article 14have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.

2.The manufacturer of apparatus subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the apparatus concerned complies with all the applicable essential safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the apparatus, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation .

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the apparatus may be placed on the market or put into service, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential safety requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the apparatus concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the apparatus concerned;

(e)measures to be taken with respect to the apparatus concerned upon expiry of the authorisation in order to ensure that the apparatus concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 40a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 5 and 17, apparatus, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such apparatus.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market or putting into service of apparatus in accordance with paragraph 1.

8.The application of Articles 40a to 40g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 14 on the territory of the Member State concerned.

Article 40d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market or putting into service, their competent authorities consider that apparatus which complies with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring a safety level required by the essential health and safety requirements set out in Annex I , complies with those essential health and safety requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 or

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 40e
Adoption of common specifications conferring a presumption of conformity

1.Where apparatus, has been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts for such apparatus establishing common specifications to cover the essential health and safety requirements set out in Annex I, in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Annex I to this Directive already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 41(2a). They shall apply to apparatus placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 13, apparatus which is in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential requirements set out in Annex I covered by those common specifications or parts thereof.

4.By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the apparatus covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the apparatus in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential safety requirements which it aims to cover and which are set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 40f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential health and safety requirements set out in Annex I for apparatus, which has been designated as crisis-relevant goods.

2.The implementing acts referred to in paragraph 1 shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 41(2a). They shall apply to apparatus placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the apparatus covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the apparatus in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 40g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for apparatus, designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for apparatus, designated as crisis-relevant goods.’

3.in Article 41, the following paragraph 2a is inserted:

2a. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 8
Amendments to Directive 2014/31/EU

In Directive 2014/31/EU, the following Chapter 5a is inserted:

‘‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 40a
Application of emergency procedures,
and their deactivation

1.Member States shall ensure that measures taken to transpose Articles 40b to 40g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 40b to 40g apply exclusively to instruments, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 40b to 40g apply during the Single Market emergency mode.

However, Article 40c(2), second subparagraph, and Article 40c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to instruments placed on the market in accordance with Articles 40c to 40f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(3).

Article 40b
Prioritisation of the conformity assessment of crisis-relevant instruments

1.This Article shall apply to instruments designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Article 13 requiring the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of instruments designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of such instruments designated as crisis-relevant goods shall be processed as a matter of priority, ahead of any other applications for conformity assessment of instruments, which have not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of instruments designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 40a.

4.The prioritisation of applications for conformity assessment of instruments pursuant to paragraph 2 and 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for instruments designated as crisis-relevant goods in respect to which they have been notified.

Article 40c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 13, any competent national authority may authorise, on a duly justified request, the placing on the market within the territory of the Member State concerned, of a specific instrument which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring the mandatory involvement of a notified body referred to in Article 13have not been carried out by a notified body but for which the compliance with all the applicable essential requirements has been demonstrated.

2.The manufacturer of an instrument subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the instrument concerned complies with all the applicable essential requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the instrument, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the instrument may be placed on the market, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the instrument concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the instrument concerned;

(e)measures to be taken with respect to the instrument concerned upon expiry of the authorisation in order to ensure that the instrument concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 40a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 5 and 16, instruments, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not leave the territory of the Member State which has issued the authorisationand shall not bear the CE marking, nor the supplementary metrology marking.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such instruments.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market of an instrument in accordance with paragraph 1.

8.The application of Articles 40a to 40g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 13 on the territory of the Member State concerned.

Article 40d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider that instruments which comply with the relevant international standards any national standards in force in the Member State of manufacture, ensuring the safety level equivalent to that required by the essential requirements set out in Annex I, comply with those essential requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential requirements set out in Annex I to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 or

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Annex I to this Directive already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 40e
Adoption of common specifications conferring a presumption of conformity

1.Where instruments, have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts with respect to such instruments establishing common specifications to cover the essential requirements set out in Annex I in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential requirements set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Annex I of this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 41(3). They shall apply to instruments placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specifications, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 12, instruments which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential requirements set out in Annex I covered by those common specifications or parts thereof.

4.By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the instruments covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the instruments in compliance with the said common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential requirements which it aims to cover and which are set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 40f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential requirements set out in Annex I for instruments, which have been designated as crisis-relevant goods.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 41(3). They shall apply to for instruments placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act. 

3.By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the instruments covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the instruments in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 40g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for instruments, designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for instruments, designated as crisis-relevant goods.’

Article 9
Amendments to Directive 2014/32/EU

In Directive 2014/32/EU, the following Chapter 5a is inserted:

‘‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 45a
Application of emergency procedures,
and their deactivation

1.Member States shall ensure that measures taken to transpose Articles 45b to 45g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 45b to 45g apply exclusively to measuring instruments, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 45b to 45g apply during the Single Market emergency mode. 

However, Article 45c(2), second subparagraph, and Article 45c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to measuring instruments placed on the market in accordance with Articles 45c to 45f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(3).

Article 45b
Prioritisation of the conformity assessment of crisis-relevant measuring instruments

1.This Article shall apply to all measuring instruments designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Article 17requiring the mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of measuring instruments designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of such measuring instruments shall be processed as a matter of priority, ahead of any other applications for conformity assessment of measuring instruments, which have not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of measuring instruments designated as crisis-relevantrelevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 45a.

4.The prioritisation of applications for conformity assessment of measuring instruments pursuant to paragraph 2 and 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for measuring instruments designated as crisis-relevant goods in respect to which they have been notified.

Article 45c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 17, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into use within the territory of the Member State concerned, of a specific measuring instrument which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring mandatory involvement of a notified body, referred to in Article 17 have not been carried out by a notified body but for which the compliance with all the applicable essential requirements has been demonstrated.

2.The manufacturer of a measuring instrument subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the measuring instrument concerned complies with all the applicable essential requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the measuring instrument, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the measuring instrument may be placed on the market or put into use, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the measuring instrument concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the measuring instrument concerned;

(e)measures to be taken with respect to the measuring instrument concerned upon expiry of the authorisation in order to ensure that the measuring instrument concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Articles 7 and 20, measuring instruments, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking, nor the supplementary metrology marking.

5.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such measuring instruments.

6.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market and/or putting into use of a measuring instrument in accordance with paragraph 1.

7.The application of Articles 45a to 45g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 17 on the territory of the Member State concerned.

Article 45d
Presumption of conformity based on national and international standards

Where either:

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market or putting into use, their competent authorities consider that the measuring instruments which comply with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential requirements set out in the relevant instrument-specific Annexes, comply with those essential requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential requirements set out in Annex I and in the relevant instrument-specific Annexes to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Annex I and in the relevant instrument-specific Annexes to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 45e
Adoption of common specifications conferring a presumption of conformity

1.Where measuring instruments have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such measuring instruments to cover the essential requirements set out in Annex I and in the relevant instrument-specific Annexes in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential requirements set out in Annex I and in the relevant instrument-specific Annexes has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)the severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Annex I and in the relevant instrument-specific Annexes to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 46(3). They shall remain apply to measuring instruments placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 14, measuring instruments which are in conformity with common specifications adopted pursuant to paragraph 2 shall be presumed to be in conformity with the essential requirements set out in Annex I and in the relevant instrument-specific Annexes covered by those common specifications or parts thereof.

4.By way of derogation from Article 45a(3), first subparagraph, unless there is sufficient reason to believe that the measuring instruments covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the measuring instruments in compliance with the said common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential requirements which it aims to cover and which are set out in Annex I and in the relevant instrument-specific Annexes, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 45f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential requirements set out in Annex I and in the instrument-specific Annexes for measuring instruments, which have been designated as crisis-relevant goods.

2.The implementing acts establishing mandatory common specifications, referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 46(3).They shall apply to measuring instruments placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 45a(3), first subparagraph, nnless there is sufficient reason to believe that the measuring instruments covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the measuring instruments in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 45g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for measuring instruments, designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for measuring instruments, designated as crisis-relevant goods.’

Article 10
Amendments to Directive 2014/33/EU

In Directive 2014/33/EU, the following Chapter Va is inserted:

‘CHAPTER Va
EMERGENCY PROCEDURES

Article 41a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 41b to 41g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 41b to 41g apply exclusively to lifts and safety components for lifts, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 41b to 41g apply during the Single Market emergency mode. 

However, Article 41c(3), second subparagraph, and Article 41c(6) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to lifts and safety components for lifts placed on the market in accordance with Articles 41c to 41f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Article 41b
Prioritisation of the conformity assessment of crisis-relevant lifts and safety components for lifts

1.This Article shall apply to all lifts and safety components for lifts designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Articles 15 and 16requiring mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of lifts and safety components for lifts designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of such lifts and safety components for lifts shall be processed as a matter of priority, ahead of any other applications for conformity assessment of lifts and safety components for lifts which have not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of lifts and safety components for lifts designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 41a.

4.The prioritisation of applications for conformity assessment of lifts and safety components for lifts pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for lifts and safety components for lifts designated as crisis-relevant goods in respect to which they have been notified.

Article 41c
Derogation from party conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 15, any competent national authority may authorise, on a duly justified request, the making available or putting into service within the territory of the Member State concerned, of a specific safety component for lifts which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring mandatory involvement of a notified body referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential health and safety requirements has been demonstrated.

2.By way of derogation from Article 16, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of a specific lift which has been designated as crisis-relevant good and for which the third-party conformity assessment procedures requiring mandatory involvement of a notified body referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential health and safety requirements has been demonstrated.

3.The manufacturer of a lift or a safety component for lifts subject to the authorisation procedures referred to in paragraphs 1 or 2 shall declare on his sole responsibility that the lift or the safety component for lifts concerned complies with all the applicable essential health and safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the lift or the safety component for lifts, which has been granted an authorisation pursuant to paragraphs 1 or 2 does not leave the territory of the Member State, which has granted the authorisation.

4.Any authorisation issued by a national competent authority pursuant to paragraphs 1 or 2 shall set out the conditions and requirements under which the lift or a the safety component for lifts may be placed on the market, made available or put into service respectively, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential health and safety requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the lift or safety component for lifts concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the lift or safety component for lifts concerned;

(e)measures to be taken with respect to the lift or safety component for lifts concerned upon expiry of the authorisation in order to ensure that the lift or safety component for lifts concerned is brought back in compliance with all the requirements of this Directive.

5.By way of derogation from Article 41a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 4 of this Article, also after the deactivation or expiry of the Single Market Emergency mode.

6.By way of derogation from Articles 3 and 19, lifts or safety components for lifts, for which an authorisation has been granted in accordance with paragraphs 1 or 2 of this Article, shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

7.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such lifts or safety components for lifts.

8.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market, making available or putting into service respectively of a lift or a safety component for lifts in accordance with paragraphs 1 or 2.

9.The application of Articles 41a to 41g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 15 or 16 on the territory of the Member State concerned.

Article 41d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, making available or putting into service respectively, their competent authorities consider that the lifts and safety components of lifts which comply with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential health and safety requirements set out in Annex I, comply with those essential health and safety requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where the severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 41e
Adoption of common specifications conferring a presumption of conformity

1.Where lifts and safety components for lifts, have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such lifts and safety components for lifts to cover the essential health and safety requirements set out in Annex I in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 42(3). They shall apply to lifts and safety components for lifts placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 14, lifts and safety components for lifts which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential health and safety requirements set out in Annex I covered by those common specifications or parts thereof.

4.By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the lifts and safety components for lifts covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the lifts and safety components for lifts in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and safety requirements which it aims to cover and which are set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 41f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential health and safety requirements set out in Annex I for lifts and safety components for lifts, which have been designated as crisis-relevant goods.

2.The implementing acts establishing mandatory common specifications, referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 42(3) and they shall apply to lifts and safety components for lifts placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the lifts and safety components for lifts covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the lifts and safety components for lifts in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 41g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for lifts and safety components for lifts designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for lifts and safety components for lifts designated as crisis-relevant goods.’

Article 11
Amendments to Directive 2014/34/EU

In Directive 2014/34/EU, the following Chapter 5a is inserted:

‘‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 38a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 38b to 38g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 38b to 38g apply exclusively to products, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 38b to 38g apply during the Single Market emergency mode. 

However, Article 38c(2), second subparagraph, and Article 38c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to products placed on the market in accordance with Articles 38c to 38f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

Article 38b
Prioritisation of the conformity assessment of crisis-relevant products

1.This Article shall apply to all products designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Article 13 requiring mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of products designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of such equipment products be processed as a matter of priority, ahead of any other applications for conformity assessment of products, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of products designated as crisis-relevant goods, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 38a.

4.The prioritisation of applications for conformity assessment of products pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for products designated as crisis-relevant goods in respect to which they have been notified.

Article 38c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 13, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of a specific product which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring mandatory involvement of a notified body, referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential health and safety requirements has been demonstrated.

2.The manufacturer of a product subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the product concerned complies with all the applicable essential health and safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the product, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which issued the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the product may be placed on the market or put into service, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential health and safety requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the product concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the product concerned;

(e)measures to be taken with respect to the product concerned upon expiry of the authorisation in order to ensure that the product concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 38a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 5 and 16, products, for which an authorisation has been granted in accordance with paragraph 1 of this Article, shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such products.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market or putting into service of a product in accordance with paragraph 1.

8.The application of Articles 38a to 38g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 13 on the territory of the Member State concerned.

Article 38d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market or putting into service, their competent authorities consider that the products which comply with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential health and safety requirements set out in Annex II comply with those essential health and safety requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex II to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements set out in Annex II to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 38e
Adoption of common specifications conferring a presumption of conformity

1.Where products, have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such products to cover the essential health and safety requirements set out in Annex II in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential health and safety requirements set out in Annex II to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential health and safety requirements set out in Annex II to this Directive already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 39(3). They shall apply to products placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 12, products which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential health and safety requirements set out in Annex II covered by those common specifications or parts thereof.

4.By way of derogation from Article 38a(3), first subparagraph, unless there is sufficient reason to believe that the products covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the products in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and safety requirements which it aims to cover and which are set out in Annex II, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 38f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential health and safety requirements set out in Annex II for products, which have been designated as crisis-relevant goods.

2.The implementing acts establishing mandatory common specifications, referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 39(3). They shall apply to products placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 38a(3), first subparagraph, unless there is sufficient reason to believe that the products covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the products in compliance with the said common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 38g
Prioritisation of market surveillance activities and mutual assistance among authorities

Member States shall prioritise the market surveillance activities for products designated as crisis-relevant goods.

1.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for products designated as crisis-relevant goods.’

Article 12
Amendments to Directive 2014/35/EU

In Directive 2014/35/EU, the following Chapter 4a is inserted:

‘‘CHAPTER 4a
EMERGENCY PROCEDURES

Article 22a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 22b to 22c and 22d of this Directive l only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 22b, 22c and 22d apply exclusively to electrical equipment, which has been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 22b, 22c and 22d apply during the Single Market emergency mode.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to electrical equipment placed on the market in accordance with Articles 22b and 22c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

Article 22b
Adoption of common specifications conferring a presumption of conformity

1.Where electrical equipment, has been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such electrical equipment to cover the safety objectives referred to in Article 3 and set out in Annex I in either of the following cases:

(a)where no reference to harmonised standards covering the safety objective set out in Annex I to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the safety objectives referred to in Article 3 and set out in Annex I to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 23(2). They shall apply to electrical equipment placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union lgislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Articles 12, 13 and 14, electrical equipment which is in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the safety objectives referred to in Article 3 and set out in Annex I covered by those common specifications or parts thereof.

4.By way of derogation from Article 22a(3), unless there is sufficient reason to believe that the electrical equipment covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the electrical equipment in compliance with those common specifications which has been placed on the market, shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the safety objectives referred to in Article 3 and set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 22c
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the safety objectives referred to in Article 3 and set out in Annex I for electrical equipment, which has been designated as crisis-relevant goods.

2.The implementing acts establishing mandatory common specifications, referred to in paragraph 1 of this Article, shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 23(2). They shall apply to electrical equipment placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing act establishing the common specification, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 22a(3), unless there is sufficient reason to believe that the electrical equipment covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the electrical equipment in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 22d
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for electrical equipment designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for electrical equipment designated as crisis-relevant goods.’

Article 13
Amendments to Directive 2014/53/EU

In Directive 2014/53/EU, the following Chapter 5a is inserted:

‘‘CHAPTER Va
EMERGENCY PROCEDURES

Article 43a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 43b to 43g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 43b to 43g apply exclusively to radio equipment, which has been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 43b to 43g apply during the Single Market emergency mode. 

However, Article 43c(2), second subparagraph, and Article 43c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to radio equipment placed on the market in accordance with Articles 43c to 43f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(3).

Article 43b
Prioritisation of the conformity assessment of crisis-relevant radio equipment

1.This Article shall apply to all radio equipment designated as crisis-relevant goods, which are subject to conformity assessment procedures in accordance with Article 17 requiring mandatory involvement of a notified body.

2.The notified bodies shall process all applications for conformity assessment of radio equipment designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of such radio equipment shall be processed as a matter of priority, ahead of any other applications for conformity assessment of radio equipment, which has not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of radio equipment designated as crisis-relevantgood, irrespective of whether they have been lodged before or after the activation of the emergency procedures pursuant to Article 43a.

4.The prioritisation of applications for conformity assessment of radio equipment pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for radio equipment designated as crisis-relevant goods in respect to which they have been notified.

Article 43c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 17, any competent national authority may authorise, on a duly justified request, the placing on the market within the territory of the Member State concerned, of specific radio equipment which has been designated as crisis-relevant good and for which the conformity assessment procedures requiring mandatory involvement of a notified body, referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential requirements has been demonstrated.

2.The manufacturer of radio equipment subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the radio equipment concerned complies with all the applicable essential requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer, the importer and the distributor shall also deploy all reasonable measures to ensure that the radio equipment, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, which has granted the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the radio equipment may be placed on the market, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the radio equipment concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the radio equipment concerned;

(e)measures to be taken with respect to the radio equipment concerned upon expiry of the authorisation in order to ensure that the radio equipment concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Articles 9 and 20, radio equipment, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

5.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such radio equipment.

6.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market of radio equipment in accordance with paragraph 1.

7.The application of Articles 43a to 43g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 17 on the territory of the Member State concerned.

Article 43d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider that the radio equipment which complies with the relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential requirements set out in Article 3, complies with those essential requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential requirements set out in Article 3 of this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Article 3 of this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 025/2012.Article 43e
Adoption of common specifications conferring a presumption of conformity

1.Where radio equipment, has been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts establishing common specifications for such radio equipment to cover the essential requirements set out in Article 3 in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential requirements set out in Article 3 has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation], significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential requirements set out in Article 3 of this Article and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 45(3). They shall apply to radio equipment placed on the market until the last day of the period for which the Single Market emergency remains active. In the early preparation of the draft implementing acts establishing the common specifications, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 16, radio equipment which is in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential requirements set out in Article 3 covered by those common specifications or parts thereof.

4.By way of derogation from Article 43a(3), first subparagraph, nnless there is sufficient reason to believe that the radio equipment covered by the common specifications referred to in paragraph 1 of this Article presents a risk to the health or safety of persons, the radio equipment in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential requirements which it aims to cover and which are set out in Article 3, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 43f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential requirements set out in Article 3 for radio equipment, which has been designated as crisis-relevant goods.

2.The implementing acts establishing mandatory common specifications, referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 45(3) and they shall apply to radio equipment placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specifications, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 43a(3), first subparagraph, unless there is sufficient reason to believe that the radio equipment covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the radio equipment in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 43g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for radio equipment designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for radio equipment designated as crisis-relevant goods.’

Article 15
Amendments to Directive 2014/68/EU

In Directive 2014/68/EU, the following Chapter 5a is inserted:

‘‘CHAPTER 5a
EMERGENCY PROCEDURES

Article 43a
Application of emergency procedures,

1.Member States shall ensure that measures taken to transpose Articles 43b to 43g of this Directive only apply if the Commission has adopted an implementing act pursuant to Article 23 of [the SMEI Regulation] activating Article 26 of [the SMEI Regulation] with respect to this Directive.

2.Member States shall ensure that measures taken to transpose Articles 43b to 43g apply exclusively to pressure equipment and assemblies, which have been designated as crisis-relevant goods in the implementing act referred to in paragraph 1 of this Article.

3.Member States shall ensure that measures taken to transpose Articles 43b to 43g apply during the Single Market emergency mode.

However, Article 43c(2), second subparagraph, and Article 17c(5) shall apply during the Single Market emergency mode and after its deactivation or expiry.

4.The Commission shall be empowered to lay down by means of implementing acts rules regarding the follow-up actions to be taken with respect to pressure equipment and assemblies placed on the market in accordance with Articles 43c to 43f. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(3).

Article 43b
Prioritisation of the conformity assessment of crisis-relevant pressure equipment and assemblies

1.This Article shall apply to pressure equipment or assemblies designated as crisis-relevant goods, which are subject to conformity assessment procedures, which require the mandatory involvement of a notified body, in accordance with Article 14.

2.The notified bodies shall process all applications for conformity assessment of pressure equipment and assemblies designated as crisis-relevant goods as a matter of priority.

3.All pending applications for conformity assessment of such in accordance with Article 14shall be processed as a matter of priority, ahead of any other applications for conformity assessment of pressure equipment or assemblies, which have not been designated as crisis-relevant goods. This requirement applies with respect to all applications for conformity assessment of pressure equipment and assemblies designated as crisis-relevant goods, irrespective of whether they have beenlodged before or after the activation of the emergency procedures pursuant to Article 43a.

4.The prioritisation of applications for conformity assessment of pressure equipment and assemblies pursuant to paragraph 3 shall not give rise to any additional costs for the manufacturers, who have lodged those applications.

5.The notified bodies shall deploy their best efforts to increase their testing capacities for pressure equipment and assemblies designated as crisis-relevant goods in respect of which they have been notified.

Article 43c
Derogation from the conformity assessment procedures requiring mandatory involvement of a notified body

1.By way of derogation from Article 14, any competent national authority may authorise, on a duly justified request, the placing on the market or putting into service within the territory of the Member State concerned, of specific pressure equipment or assembly designated as crisis-relevant good and for which the conformity assessment procedures referred to in that Article have not been carried out by a notified body but for which the compliance with all the applicable essential safety requirements has been demonstrated.

2.The manufacturer of pressure equipment or assembly subject to the authorisation procedure referred to in paragraph 1 of this Article shall declare on his sole responsibility that the pressure equipment or assembly concerned complies with all the applicable essential safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.

The manufacturer shall also deploy all reasonable measures to ensure that the pressure equipment or assembly, which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the Member State, issued the authorisation.

3.Any authorisation issued by a national competent authority pursuant to paragraph 1 shall set out the conditions and requirements under which the pressure equipment or assembly may be placed on the market or put into service, including:

(a)a description of the procedures, by means of which the compliance with the applicable essential health and safety requirements of this Directive was successfully demonstrated;

(b)specific requirements regarding the traceability of the pressure equipment or assembly concerned;

(c)an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the Single Market emergency mode has been activated;

(d)any specific requirements regarding the need to ensure the continuous conformity assessment with respect to the pressure equipment or assembly concerned;

(e)measures to be taken with respect to the pressure equipment or assembly concerned upon expiry of the authorisation in order to ensure that the pressure equipment or assembly concerned is brought back in compliance with all the requirements of this Directive.

4.By way of derogation from Article 43a(3), first subparagraph, where appropriate, the national competent authority may amend the conditions of the authorisation referred to in paragraph 3 of this Article, also after the deactivation or expiry of the Single Market Emergency mode.

5.By way of derogation from Articles 5 and 19, pressure equipment or assemblies, for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not leave the territory of the Member State which has issued the authorisation and shall not bear the CE marking.

6.The market surveillance authorities of the Member State, whose competent authority has granted an authorisation pursuant to paragraph 1, shall be entitled to take all corrective and restrictive measures at national level provided for under this Directive with respect to such pressure equipment or assemblies.

7.Member States shall inform the Commission and the other Member States of any decision to authorise the placing on the market of a pressure equipment or assembly in accordance with paragraph 1.

8.The application of Articles 43a to 43g and the use of the authorisation procedure set out in paragraph 1 of this Article does not affect the application of the relevant conformity assessment procedures laid down in Article 14 on the territory of the Member State concerned.

Article 43d
Presumption of conformity based on national and international standards

Member States shall take all appropriate measures to ensure that, for the purposes of placing on the market, their competent authorities consider that the pressure equipment or assemblies which comply with relevant international standards or any national standards in force in the Member State of manufacture, ensuring the safety level required by the essential safety requirements set out in Annex II, comply with those essential safety requirements in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which were taken into consideration when activating the Single Market emergency mode in accordance with Article 15(4) of [the SMEI Regulation] significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive and already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

Article 43e
Adoption of common specifications conferring a presumption of conformity

1.Where pressure equipment and assemblies have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts for such pressure equipment and assemblies establishing common specifications to cover the essential safety requirements set out in Annex II in either of the following cases:

(a)where no reference to harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012;

(b)where severe disruptions in the functioning of the Single Market, which led to the activation of the Single Market emergency mode significantly restrict the possibilities of manufacturers to make use of the harmonised standards covering the relevant essential safety requirements set out in Annex II to this Directive already published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012.

2.The implementing acts referred to in paragraph 1 of this Directive shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 44(3). They shall apply to the pressure equipment and assemblies placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specifications, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.Without prejudice to Article 12, pressure equipment or assemblies which are in conformity with common specifications adopted pursuant to paragraph 2 of this Article shall be presumed to be in conformity with the essential safety requirements set out in Annex II covered by those common specifications or parts thereof.

4.By way of derogation from Article 43a(3), first subparagraph, nnless there is sufficient reason to believe that the pressure equipment and assemblies covered by the common specifications referred to in paragraph 1 of this Articlepresent a risk to the health or safety of persons, the pressure equipment and assemblies in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

5.When a Member State considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential safety requirements which it aims to cover and which are set out in Annex I, it shall inform the Commission thereof with a detailed explanation and the Commission shall assess that information and, if appropriate, amend or withdraw the implementing act establishing the common specification in question.

Article 43f
Adoption of mandatory common specifications

1.In exceptional and duly justified cases, the Commission is empowered to adopt implementing acts establishing mandatory common specifications to cover the essential safety requirements set out in Annex II, ffor pressure equipment or assemblies, which have been designated as crisis-relevant goods.

2.The implementing acts establishing mandatory common specifications, referred to in paragraph 1 of this Article shall be adopted following a consultation of the sectoral experts and in accordance with the examination procedure referred to in Article 44(3). They shall apply to pressure equipment and assemblies placed on the market until the last day of the period for which the Single Market emergency mode remains active. In the early preparation of the draft implementing acts establishing the common specifications, the Commission shall gather the views of relevant bodies or expert groups established under relevant sectoral Union legislation. Based on that consultation, the Commission shall prepare the draft implementing act.

3.By way of derogation from Article 43a(3), first subparagraph, nnless there is sufficient reason to believe that the pressure equipment and assemblies covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the pressure equipment and assemblies in compliance with the said common specifications which have been placed on the market shall be deemed compliant with this Directive after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation].

Article 43g
Prioritisation of market surveillance activities and mutual assistance among authorities

1.Member States shall prioritise the market surveillance activities for pressure equipment and assemblies designated as crisis-relevant goods.

2.The market surveillance authorities of the Member States shall deploy their best efforts to provide assistance to other market surveillance authorities during a Single Market emergency, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support such as reinforcement of the testing capacity for pressure equipment and assemblies designated as crisis-relevant goods.’

Article 15

Transposition

1.Member States shall adopt and publish, by [OP – please insert date – 6 months after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

2.They shall apply those provisions from […[ OP please add date – 6 months after the date of entry into force of this Directive].

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

3.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 16

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 17

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament    For the Council

The President    The President

(1)

    https://www.consilium.europa.eu/media/45910/021020-euco-final-conclusions.pdf .

(2)

   COM(2021)350 final.

(3)

    https://ec.europa.eu/info/publications/2022-commission-work-programme-key-documents_en . 

(4)

    European Parliament resolution of 17 February 2022 on tackling non-tariff and non-tax barriers in the single market (2021/2043(INI) .

(5)

    https://www.consilium.europa.eu/en/policies/ipcr-response-to-crises/ .

(6)

   It was formally set up by Council Implementing Decision (EU) 2018/1993 of 11 December 2018 on the EU Integrated Political Crisis Response, on the basis of previously existing arrangements.

(7)

   Laid down by the Decision (EU) 1313/2013 governing the functioning of the Union Civil Protection Mechanism.

(8)

   Council Regulation (EC) No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States, OJ L 337, 12.12.1998, p. 8.

(9)

   Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015.

(10)

   Commission Implementing Regulation (EU) 2021/2071 of 25 November 2021.

(11)

   They can be adopted on the basis of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.

(12)

   COM(2021)689 final.

(13)

   COM(2022)211 final.

(14)

   Additional measures include: managing refugee flows and repatriating stranded passengers and transport workers, ensuring minimum connectivity and passenger protection, strengthening transport policy coordination through the Network of National Transport Contact Points, strengthening cybersecurity and cooperation with international partners.

(15)

   Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 347, 20.12.2013, p. 671.

(16)

   Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, OJ L 211, 15.6.2021, p. 1.

(17)

   Council Recommendation (EU) 2020/1475 of 13 October 2020 on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic, OJ L 337, 14.10.2020, p. 3 and its subsequent updates.

(18)    COM(2020)730 final.
(19)    Regulation (EU) 2022/123 of the European Parliament and of the Council of 25 January 2022 on a reinforced role for the European Medicines Agency in crisis preparedness and management for medicinal products and medical devices. OJ L 20, 31.1.2022, p.1
(20)

   C(2021)6712 final. 

(21)

   COM(2020)727 final.

(22)    The term of “cross-border” is understood as covering both any situation affecting more than one Member State (“across borders”) as well as more specifically a situation affecting regions in two or more Member States sharing a common border (“border regions”).
(23)    COM/2020/726 final
(24)

   COM(2021)577 final.

(25)

   COM(2022)46 final.

(26)

   COM (2022)68 final.

(27)

   COM (2021)891 final.

(28)

   COM(2020)829 final.

(29)    OJ L 218, 13.8.2008, p. 82.
(30)

   As assessed in the evaluation supporting study and the evaluation Commission Staff Working Document SWD(2019)371 final of 8 October 2019.

(31)    See the accompanying Staff Working Document.
(32)    Subject to additional trigger
(33)

   Subject to additional trigger

(34)    Subject to additional trigger
(35)    OJ C , , p. .
(36)    OJ C , , p. .
(37)    Position of the European Parliament of xxx (not yet published in the Official Journal) and Decision of the Council of xxx.
(38)    Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (OJ L 162, 3.7.2000, p. 1). 
(39)    Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).    
(40)    Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (OJ L 165, 30.6.2010, p. 1).    
(41)    Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (OJ L 178, 28.6.2013, p. 27).    
(42)    Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (OJ L 96, 29.3.2014, p. 1).    
(43)    Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.3.2014, p. 45).    
(44)    Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 96, 29.3.2014, p. 79).    
(45)    Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107).
(46)    Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (OJ L 96, 29.3.2014, p. 149).    
(47)    Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p. 251).    
(48)    Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 96, 29.3.2014, p. 309).    
(49)    Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).    
(50)    Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).    
(51)    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).    
(52)    Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).
(53)    OJ L 316, 14.11.2012, p. 12.
(54)    Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
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