Brussels, 21.11.2011.COM(2011) 773 final-2011/0357 (COD)-NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE-(Implementation of the Goods Package).Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of the laws of Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (Recast) (Text with EEA relevance). The measures cover electrical and electronic products, lifts, measuring instruments, explosives, and pyrotechnic articles and equipment used in potentially explosive atmospheres.
This proposal is presented in the framework of the implementation of the “goods package” adopted in 2008. It is part of a package of proposals aligning ten product directives to Decision No 768/2008/EC establishing a common framework for the marketing of products.
Union (EU) harmonisation legislation ensuring the free movement of products has contributed considerably to the completion and operation of the Single Market. It is based on a high level of protection and provides economic operators with the means to demonstrate conformity, thus ensuring free movement through trust in the products.
Directive 2006/95/EC is an example of that Union harmonisation legislation, ensuring the free movement of electrical equipment. It sets out the safety objectives that electrical equipment must comply with in order to be made available on the EU market. Manufacturers must demonstrate that electrical equipment has been designed and manufactured in compliance with the safety objectives and affix the CE marking.
Experience with the implementation of Union harmonisation legislation has shown – on a cross-sector scale - certain weaknesses and inconsistencies in the implementation and enforcement of this legislation, leading to
– the presence of non-compliant or dangerous products on the market and consequently a certain lack of trust in CE marking
– competitive disadvantages for economic operators complying with the legislation as opposed to those circumventing the rules
– unequal treatment in the case of non-compliant products and distortion of competition amongst economic operators due to different enforcement practices
– differing practices in the designation of conformity assessment bodies by national authorities
Furthermore the regulatory environment has become more and more complex, as frequently several pieces of legislation apply simultaneously to one and the same product.
Inconsistencies in these pieces of legislation make it increasingly difficult for economic operators and authorities to correctly interpret and apply that legislation.
To remedy these horizontal shortcomings in Union harmonisation legislation observed across several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of the goods package. Its objective is to strengthen and complete the existing rules and to improve practical aspects of their application and enforcement. The New Legislative Framework (NLF) consists of two complementary instruments, Regulation (EC) No 765/2008 on accreditation and market surveillance and Decision No 768/2008/EC establishing a common framework for the marketing of products.
Proposals to improve product safety
