Amending certain Directives as regards digitalisation and common specifications (Omnibus IV)
The Committee on Internal Market and Consumer Protection adopted the report by Reinier VAN LANSCHOT (Greens/EFA, NL) on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2011/65/EU, 2013/53/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, 2014/68/EU and 2014/90/EU of the European Parliament and of the Council as regards digitalisation and common specifications.
The committee responsible recommended that the European Parliament adopt its position at first reading by amending the proposal as follows:
Objective
In order to accelerate digitalisation, the proposal introduces limited and targeted changes of legislation with a view of simplifying reporting requirements and ensuring the digitalisation and alignment of common specifications.
The Commission and the Member States are encouraged to provide guidance and practical support, and to promote the development of streamlined and standardised digital tools, with a view to facilitating the digital transition of companies, in particular SMEs and micro-enterprises.
Declaration of conformity directly accessible
The manufacturer should therefore make sure that the EU declaration of conformity is directly accessible through an internet address or a machine-readable code. Direct access via the internet address or the machine-readable code should be free of charge, without the need to provide any personal data, to download or use additional applications specific to the economic operator, or an obligation to register solely in order to access the EU declaration of conformity.
Safety information
Members stressed that safety information and instructions that have an impact on product safety are to be intended as essential details necessary for safe and efficient use under reasonably foreseeable conditions, even if not intended for consumers.
When a product is used solely by professional users, safety information and instructions affecting the safe use of the product may be provided in digital format. However, when it is foreseeable that a product, even if primarily intended for professional use, may also be used by consumers, manufacturers should provide the safety information on paper or affix a marking directly to the product.
In order to ensure that consumers, including elderly persons, persons with disabilities or those with limited digital literacy, are able to access and understand the safety information and instructions, manufacturers should provide information and instructions in a form that is easily visible and legible.
When the end user is a consumer, they should be able to request instructions or safety information in printed form at the time of purchase or for up to 24 months thereafter (6 months for a professional), using accessible means such as the telephone. The manufacturer should send these within 15 business days. Users should be informed of their right to request printed instructions for use. Manufacturers may provide additional content electronically only (e.g., videos), but if this differs from the electronic format, the printed material must be clear, understandable, and intelligible, and sufficient to ensure the safe and correct use of the device or equipment.
Common specifications
The Commission may adopt implementing acts which establish common specifications which offer a means of complying with essential requirements where there is no harmonised standard, where the request has not been accepted by any of the European standardisation organisations or where the requested European standards have not been delivered within the specified time or do not meet the request.
The Commission may, as a last resort, by means of implementing acts, adopt common specifications in order to address an urgent concern with regard non-compliant materials, components and EEE, which cannot be adequately mitigated by alternative measures. The Commission should provide the European Parliament, in a timely manner. When the European Parliament considers that a common specification or parts thereof do not entirely satisfy the essential requirements, it should inform the Commission thereof by submitting a detailed explanation. The Commission should assess that detailed explanation and may, where appropriate, amend the implementing act establishing the common specification in question.
The Commission should be empowered to adopt implementing acts until the entry into force of the revision of Regulation (EU) 1025/2012 on standardisation.
Evaluation
The Commission should, no later than 31 December 2030, carry out an evaluation on the implementation of the provisions introduced by this Directive and submit a report to the European Parliament, to the Council and the European Economic and Social Committee, assessing the following: (a) the impact on SMEs and on the reduction of administrative burdens; (b) the accessibility for end users and authorities; (c) the performance in terms of interoperability and cybersecurity; (d) the impact on environment, product safety and consumer protection incurred through digitalisations; and (e) the need for further harmonised digital tools.
Based on the results of the evaluation, the Commission should consider whether further measures are necessary and feasible to enhance regulatory coherence and to avoid unnecessary duplication of reporting obligations for the relevant economic operators and competent authorities. The Commission should ensure that digital tools and interfaces are interoperable with the digital product passport framework where applicable and that they do not create additional administrative burdens for economic operators, particularly for SMEs.