European Product Safety Legislation
Dear Stakeholders
In order to develop a consultation stage UK Impact Assessment, we are seeking your opinions on the costs and benefits of draft Proposals to Align 10 European Single Market Directives with EU Decision 768/2008/EC on a common framework for the marketing of products and repealing Council Decision 93/46/EEC together with certain provisions of EU Regulation 765/2008/EC setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation 339/93.
These two measures are referred to as the "New Legislative Framework" (NLF) for Community Harmonisation Legislation for products. They aim to create a more coherent legislative framework for the marketing of products, including measuring instruments, in the EU Internal Market. The Decision is a commitment binding on those to whom it is addressed: the European Commission, the European Parliament and the Member States. It commits us to legislate in order to bring product Directives into line with its provisions - "Alignment". These provisions aim to bring greater harmony across the Directives together with substantive changes in regard to key features including: definitions, obligations of economic operators, conformity of the product, notification of conformity assessment procedures, safeguards procedures and conformity assessment procedures. It is believed that, by eliminating present inconsistencies in Directives in these areas, legislation can be improved and unnecessary associated costs can be reduced. Sector-specific departures from the models laid down in Decision 768/2008/EC are permissible - and some are contained in these particular draft proposals - but there must be good reasons for them and they must be justified.
The 10 draft Directives are the Pressure Equipment Directive: 97/23/EC; Simple Pressure Vessels Directive: 2009/105/EC; "ATEX" Directive: 94/9/EC; Pyrotechnic Articles Directive: 2007/23/EC ; Civil Explosives Directive: 93/15/EEC; Electromagnetic Compatibility Directive: 2004/108/EC; Low Voltage Electrical Equipment Directive: 2006/95/EC; Measuring Instruments Directive: 2004/22/EC; Non-Automatic Weighing Instruments Directive: 2009/23/EEC; and Lifts Directive: 1995/16/EC
Please note; this is an initial draft version of the proposal text - not the formal version which has still to be formally published by the European Commission. If the formal published versions look significantly different from these draft texts, we will draw these changes to your attention and seek your opinions on them. Once negotiation on the texts begins, later in the year, we will also seek your views/suggestions on them. If the proposed Directives are adopted, we will issue a formal consultation within two years of agreed Directive titles' being published in the Official Journal of the European Union on proposals to transpose the measures into UK law. Responses will not be attributable to respondents.
This is an informal, three week consultation. ACTION: Please let us have your answers to the questions in the attached analysis by 12 August 2011. Do get in touch if there is anything you would like to discuss.
Replies should be sent to John O'Shea .
In the panels to the right of the screen you will find the questionnaires, the DRAFT Directive Proposals and links to the existing directives.
Impact Assessment questionnaires that we should like you to answer if any of them impacts upon your areas of interest.
These include main features that would change if the Proposed Directives are adopted in comparison with the existing Directives. If anything is not identified by us and seems significant to you, please make reference to that as well. It would help us greatly if you could quantify the costs and benefits in monetary terms as far as you can.
* = Domestic or old approach legislation
** = Dealt with outside Technical Regulation
