Activities of Zuzana ROITHOVÁ related to 2011/0352(COD)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of non-automatic weighing instruments (recast) PDF (284 KB) DOC (362 KB)
Amendments (24)
Amendment 31 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘weighing instrument’ means a measuring instrument serving to determine the mass of a body by using the action of gravity on that body or. A weighing instrument may also servinge to determine other mass-related magnitudes, quantities, parameters or characteristics;
Amendment 33 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take all steps to ensure that only instruments that meet the applicable requirements of this Directive may be made available on the market.
Amendment 34 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take all steps to ensure that instruments continue to conform to the applicable requirements of this Directive .
Amendment 36 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Instruments used or intended to be used for the applications listed in points (a) to (f) of Article 1(2) must satisfy the essential requirements set out in Annex I and bear the CE marking and the inscriptions provided for in point 1 of Annex III .
Amendment 37 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. When placing on the market their instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in Annex I.
Amendment 38 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
When placing on the market their instruments not intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall ensure that they bear the inscriptions provided for in point 2 of Annex III.
Amendment 39 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. For the instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall draw up the required technical documentation and carry out the relevant conformity assessment procedure referred to in Article 14 or have it carried out.
Amendment 40 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
For the instruments not intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall affix the inscriptions provided for in point 2 of Annex III.
Amendment 41 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the instrument has been placed on the market.
Amendment 42 #
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the instrument or, where that is not possible, on its packaging or in a document accompanying the instrument. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 45 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
2. Before placing on the market an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2), importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the instrument bears the CE marking, the inscriptions provided for in point 1 of Annex III and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).
Amendment 46 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Where an importer considers or has reason to believe that an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) is not in conformity with the essential requirements set out in Annex I, he shall not place the instrument on the market until it has been brought into conformity. Furthermore, where the instrument presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 47 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Before placing on the market an instrument not intended to be used for the applications listed in points (a) to (f) of Article 1(2) importers shall ensure that the instrument bears the inscriptions provided for in point 2 of Annex III and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).
Amendment 48 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the instrument or, where that is not possible, on its packaging or in a document accompanying the instrument.
Amendment 50 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Importers shall ensure that, while an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex I.
Amendment 51 #
Proposal for a directive
Article 8 – paragraph 8
Article 8 – paragraph 8
8. For the instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), importers shall, for 10 years after the instrument has been placed on the market keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 52 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. Before making an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) available on the market, distributors shall verify that the instrument bears the CE marking, the inscriptions provided for in point 1 of Annex III, that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the instrument is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3).
Amendment 53 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Before making an instrument not intended to be used for the applications listed in points (a) to (f) of Article 1(2) available on the market, distributors shall verify that the instrument bears the inscriptions provided for in point 2 of Annex III and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3).
Amendment 54 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Distributors shall ensure that, while an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex I.
Amendment 55 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The conformity of instruments to the essential requirements set out in Annex I may be certified by either of the following procedures as selected by the applicantmanufacturer or his authorised representative:
Amendment 65 #
Proposal for a directive
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Where, within twohree months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 69 #
Proposal for a directive
Annex II – part 4 – point 4.3 – paragraph 1
Annex II – part 4 – point 4.3 – paragraph 1
An accredited in-house body or a notified body chosen by the manufacturer shall carry out appropriate examinations and tests in order to check the conformity of the instruments with the approved type described in the EU-type examination certificate and with the appropriate requirements of this Directive.
Amendment 71 #
Proposal for a directive
Annex II – part 5 – point 5.4 – paragraph 1
Annex II – part 5 – point 5.4 – paragraph 1
An accredited in-house body or a notified body chosen by the manufacturer shall carry out appropriate examinations and tests to check the conformity of the instruments with the applicable requirements of this Directive.
Amendment 73 #
Proposal for a directive
Annex II – part 6 – point 6.4 – paragraph 1
Annex II – part 6 – point 6.4 – paragraph 1
An accredited in-house body or a notified body chosen by the manufacturer shall carry out appropriate examinations and tests, set out in the relevant harmonised standards and/or technical specifications, or equivalent tests, to check the conformity of the instrument with the applicable requirements of this Directive, or have them carried out. In the absence of such a harmonised standard and/or technical specification the notified body concerned shall decide on the appropriate tests to be carried out.