Amendments to Directive 2014/35/EU
Article 8
Directive 2014/35/EU is amended as follows: (1) in Article 2, the following points are added: ‘(15) “crisis-relevant goods” means crisis-relevant goods as defined in Article 3, point (6), of Regulation (EU) 2024/2747 of the European Parliament and of the Council ( *18 ) ; (16) “internal market emergency mode” means internal market emergency mode as defined in Article 3, point (3), of Regulation (EU) 2024/2747. ( *18 ) Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures, related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) ( OJ L, 2024/2747, 8.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2747/oj ).’;" (2) the following chapter is inserted: ‘Chapter 4a Emergency procedures Article 22a Application of emergency procedures 1. Member States shall ensure that measures taken to transpose Articles 22b and 22c of this Directive apply only if the Commission has adopted an implementing act pursuant to Article 28 of Regulation (EU) 2024/2747 with respect to electrical equipment covered by this Directive. 2. Member States shall ensure that measures taken to transpose Articles 22b and 22c of this Directive apply only to electrical equipment which has been designated as crisis-relevant goods pursuant to Article 18(4) of Regulation (EU) 2024/2747. 3. Member States shall ensure that measures taken to transpose Articles 22b and 22c of this Directive apply only during the internal market emergency mode that has been activated in accordance with Article 18 of Regulation (EU) 2024/2747. 4. The Commission may adopt implementing acts regarding the corrective or restrictive actions to be taken, the procedures to be followed and the specific labelling and traceability requirements with respect to electrical equipment placed on the market in accordance with Article 22c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2). Article 22b Presumption of conformity based on standards and common specifications 1. Where electrical equipment has been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts listing appropriate standards or establishing common specifications for such electrical equipment to cover the safety objectives referred to in Article 3 of this Directive and set out in Annex I to this Directive in the following cases: (a) where a reference to harmonised standards covering the safety objectives referred to in Article 3 of this Directive and set out in Annex I to this Directive has not been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; or (b) where severe disruptions to the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 18 of Regulation (EU) 2024/2747, significantly restrict the possibilities of manufacturers to make use of the harmonised standards that cover the safety objectives referred to in Article 3 of this Directive and set out in Annex I to this Directive and the references of which have already been 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 set out the most appropriate alternative technical solution for the purposes of providing a presumption of conformity in accordance with paragraph 5. To that end, references of European standards or references of relevant applicable national or international standards may be published in those implementing acts or, if there is no European standard or relevant applicable national or international standard, common specifications may be established by those implementing acts. 3. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 23(2) and shall apply until the last day of the period during which the internal market emergency mode is activated, unless such implementing acts are amended or repealed in accordance with paragraph 7 of this Article. 4. Before preparing the draft implementing act referred to in paragraph 1 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 1 of this Article have been fulfilled. When preparing that draft implementing act, the Commission shall take into account the views of relevant bodies or expert groups established under this Directive and shall duly consult all relevant stakeholders. 5. Without prejudice to Articles 12, 13 and 14, electrical equipment that is in conformity with the standards or common specifications referred to in paragraph 1 this Article, or parts thereof, shall be presumed to be in conformity with the safety objectives referred to in Article 3 and set out in Annex I that are covered by those standards, common specifications or parts thereof. From the day following the expiry or deactivation of the internal market emergency mode, it shall no longer be possible for manufacturers to rely on the presumption of conformity provided by the standards or the common specifications referred to in the implementing acts referred to in paragraph 1 of this Article. 6. By way of derogation from Article 22a(3), unless there is sufficient reason to believe that electrical equipment covered by the standards or common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the electrical equipment that is in conformity with those standards or common specifications and which has been placed on the market shall be deemed to be in conformity with the safety objectives referred to in Article 3 and set out in Annex I after the expiry or repeal of an implementing act adopted pursuant to paragraph 3 of this Article and after the expiry or deactivation of the internal market emergency mode. 7. When a Member State considers that a standard or 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 by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend or repeal the implementing act listing the standard or establishing the common specification in question. Article 22c Prioritisation of market surveillance activities and mutual assistance among authorities 1. Member States shall prioritise the market surveillance activities for electrical equipment listed in the implementing act referred to in Article 22a(1) of this Directive. The Commission shall facilitate coordination of such prioritisation efforts through the Union Product Compliance Network established under Article 29 of Regulation (EU) 2019/1020 of the European Parliament and of the Council ( *19 ) . 2. The market surveillance authorities of the Member States shall ensure that best efforts are made to provide assistance to other market surveillance authorities during an internal market emergency mode, 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 the reinforcement of the testing capacity for electrical equipment listed in the implementing act referred to in Article 22a(1). ( *19 ) 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 ).’."