Articles made of precious metal
1993/0472(COD)
1) SUBSTANCE
1. The articles covered by the proposed Directive are:
* those made of gold, platinum, palladium and silver, and the same coated with other precious metals, where such articles are intended for the Community consumer;
* semi-finished articles of precious metal or those coated with precious metals intended for use in the manufacture of the abovementioned articles.
2. The proposal for a Directive:
* establishes the objectives or "essential requirements" (e.g. marking) to be met by the abovementioned articles during manufacture and before they are placed on the market;
* lays down the rules relating to the marking of such articles and to certification procedures.
3. Harmonised European standards were drawn up on the basis of the essential requirements by the European standardisation bodies. These standards, which are not compulsory, are published in the Official Journal of the European Communities.
4. The procedures for attesting the conformity of articles of precious metal to the essential requirements are based on the modular approach set out in Council Decision 93/465/EEC. Conformity is assessed by the bodies designated by the Member States in accordance with the minimum assessment criteria and notified to the Commission and to the other Member States.
5. Before being placed on the market, articles of precious metal must be struck with:
* a fineness mark indicating that they meet the requirements of this proposal; these articles need not, therefore, bear the EC mark. This mark covers the specific surrounds used for each precious metal to identify the metal used;
* a sponsor's mark, registered by the Member States and accompanied by a small letter "e", which makes it possible to identify the applicant, the notified body chosen by the applicant, the conformity procedure applied and the date of registration.
6. Where marking is technically difficult, it is replaced by an EC certificate of conformity issued by the manufacturer or by his authorised representative. It indicates the standard of fineness of the precious metal or metals concerned.
7. Any traditional mark may be struck on an article provided that it does not lead to confusion with a fineness mark or sponsor's mark or the letter "e".
8. Penalties are imposed by the Member States where they or the notified bodies find that a fineness mark has been affixed improperly or that an EC certificate of conformity has been issued improperly.
2) OBJECTIVE
To ensure the free movement of article of precious metal in the internal market by harmonising national laws on consumer protection and fair trading.
Source : European Commission - Info92 - 02/96
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