to the
vessels or the data plate provided that the visibility and legibility of the CE
marking is not thereby reduced.';

10. in Annex II, section 1 is
replaced by the following text:

'1. CE MARKING AND INSCRIPTIONS

1. (a) CE conformity marking

- The CE conformity marking shall
consist of the initials "CE " in the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above graduated drawing must be
respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm.

1. (b) Inscriptions

The vessel or data plate must bear
at least the following information:

- the maximum working pressure (PS
in bar),

- the maximum working temperature
(Tmax in °C),

- the minimum working temperature
(Tmin in °C),

- the capacity of the vessel (V in
l),

- the name or mark of the
manufacturer,

- the type and serial or batch
identification of the vessel,

- the last two digits of the year in
which the CE marking was affixed.

Where the data plate is used, it
must be so designed that it cannot be re-used and must include a vacant space
to enable other information to be provided.'

 

Article 3

Directive 88/378/EEC is hereby
amended as follows:

1. throughout the text, the term 'EC
mark' is replaced by 'CE marking';

2. in Article 5 the first paragraph
is replaced by the following text:

'1. Member States shall presume that
toys bearing the CE marking laid down in Article 11 comply with all the provisions
of this Directive, including the conformity assessment procedures referred to
in Articles 8, 9 and 10.

Conformity of toys with the national
standards which transpose the harmonized standards the reference numbers of
which have been published in the Official Journal of the European Communities
shall result in a presumption of conformity to the essential safety
requirements referred to in Article 3. Member States shall publish the
reference numbers of such national standards.';

3. the following paragraph is added
to Article 5:

'3. (a) Where the toys are subject
to other Directives covering other aspects and which also provide for the
affixing of the CE marking, the latter shall indicate that the toys in question
are also presumed to conform to the provisions of those other Directives.

(b) However, where one or more of
these Directives allow the manufacturer, during a transitional period, to
choose which arrangements to apply, the CE marking shall indicate conformity
only to the Directives applied by the manufacturer. In this case, particulars
of the Directives applied, as published in the Official Journal of the European
Communities, must be given in the documents, notices or instructions required
by the Directives and accompanying such toys or, failing that, on their
packaging.';

4. in Article 9 the second paragraph
is replaced by the following text:

'2. Member States shall notify the
Commission and the other Member States of the bodies which they have appointed
to carry out the EC type-examination referred to in Article 8 (2) and Article
10 together with the specific tasks which these bodies have been appointed to
carry out and the identification numbers assigned to them beforehand by the
Commission.

The Commission shall publish in the
Official Journal of the European Communities a list of the notified bodies with
their identication number and the tasks for which they have been notified. The
Commission shall ensure that this list is kept up to date.';

5. in Article 11 the second
paragraph is replaced by the following text:

'2. The CE conformity marking shall
consist of the initials "CE " taking the form of the specimen given
in Annex V.';

6. in Article 11 the third paragraph
is replaced by the following text:

'3. The affixing of markings on the
toys which are likely to deceive third parties as to the meaning and form of
the CE marking shall be prohibited. Any other marking may be affixed to the
toys, their packaging or a label provided that the visibility and legibility of
the EC marking is not thereby reduced.';

7. the following paragraph is added
to Article 12:

'1a. Without prejudice to Article 7:


(a) where a Member State establishes
that the CE marking has been affixed unduly, the manufacturer or his authorized
representative established within the Community shall be obliged to make the
product conform as regards the provisions concerning the CE marking and to end
the infringement under the conditions imposed by the Member State;

(b) where non-conformity continues,
the Member State must take all appropriate measures to restrict or prohibit the
placing on the market of the product in question or to ensure that it is
withdrawn from the market in accordance with the procedures laid down in
Article 7.';

8. the following Annex is added:

'ANNEX V

CE CONFORMITY MARKING

- The CE conformity marking shall
consist of the initials "CE " taking the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above graduated drawing must be
respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less that 5 mm.'

 

Article 4

Directive 89/106/EEC is hereby
amended as follows:

1. throughout the text, the term 'EC
mark' is replaced by 'CE marking';

2. in Article 2 the second paragraph
is replaced by the following text:

'2. (a) When products are subject to
other Directives with regard to other aspects and which also provide for the
affixing of the CE conformity marking, referred to in Article 4 (2), the latter
shall indicate that the products are also presumed to conform to the provisions
of those other Directives.

(b) However, where one or more of
these Directives allow the manufacturer, during a transitional period, to
choose which arrangements to apply, the CE marking shall indicate conformity
only to the Directives applied by the manufacturer. In this case, particulars
of the Directives applied, as published in the Official Journal of the European
Communities, must be given in the documents, notices or instructions required
by the Directives and accompany such products.';

3. in Article 4 (2) the introduction
is replaced by the following text:

'2. Member States shall presume that
products are fit for use if they enable works in which they are employed,
provided the latter are properly designed and built, to satisfy the essential
requirements referred to in Article 3 where such products bear the CE marking
indicating that they satisfy all the provisions of this Directive, including
the conformity assessment procedures laid down in Chapter V and the procedure
laid down in Chapter III. The CE marking shall indicate:';

4. in Article 4 (6) the first
subparagraph is replaced by the following text:

'6. The CE marking signifies that
products satisfy the requirements of paragraphs 2 and 4 of this Article. It is
for the manufacturer or his authorized representative established within the
Community to take responsibility for affixing the CE marking on the product
itself, on a label attached to it, on its packaging, or on the accompanying
commercial documents.';

5. in Article 15 the second
paragraph is replaced by the following text:

'2. Without prejudice to Article 21:


(a) where a Member State establishes
that the CE marking has been affixed unduly, the manufacturer or his agent
established within the Community shall be obliged to make the product conform
as regards the provisions concerning the CE marking and to end the infringement
under conditions imposed by the Member State;

(b) where non-conformity continues,
the Member State must take all appropriate measures to restrict or prohibit the
placing on the market of the product in question or to ensure that it is
withdrawn from the market in accordance with the procedures laid down in
Article 21.';

6. in Article 15 the third paragraph
is replaced by the following text:

'3. Member States shall take the
measures necessary to prohibit the affixing to products or their packaging of
markings which are likely to deceive third parties as to the meaning and form of
the CE marking. Any other marking may be affixed to the construction products
on a label fixed to the product packaging or on the accompanying commercial
documents provided that the visibility and legibility of the CE marking is not
thereby reduced.';

7. in Article 18 the first paragraph
is replaced by the following text:

'1. Member States shall notify the
Commission and the other Member States of the certification and inspection
bodies and the testing laboratories which they have designated for the tasks
which must be carried out for the purposes of technical approval, certificates
of conformity, inspections and tests, in accordance with this Directive,
together with their names and addresses and the identification numbers assigned
to them beforehand by the Commission.

The Commission shall publish in the
Official Journal of the European Communities a list of the notified bodies and
laboratories with their identification numbers and the tasks and products for
which they have been notified. The Commission shall ensure that this list is
kept up to date.';

8. Annex III section 4 is replaced
by the following text:

'4.1. CE conformity marking

- The CE conformity marking shall
consist of the initials "CE " taking the following form:

- If the CE marking is reduced or
enlarged the proportions given in the above graduated drawing must be
respected.

- The various components of the CE
marking must have substantially the same vertical dimension, which may not be
less than 5 mm.

- The CE marking shall be followed by
the identification number of the body involved in the production control stage.


Additional information

- The CE marking shall be
accompanied by the name or identifying mark of the producer, the last two
digits of the year in which the marking was affixed, and where appropriate, the
number of the EC certificate of conformity and, where appropriate, indications
to identify the characteristics of the product on the basis of the technical
specifications.'

 

Article 5

Directive 89/336/EEC is hereby
amended as follows:

1. throughout the text, the term 'EC
mark' is replaced by 'CE marking';

2. Article 3 is replaced by the
following text:

'Article 3

Member States shall take all
appropriate measures to ensure that the apparatus referred to in Article 2 may
be placed on the market or taken into service only if it bears the CE marking
provided for in Article 10 indicating its conformity to all the provisions of
this Directive, including the conformity assessment procedures laid down in
Article 10, when it is properly installed and maintained and when it is used
for the purposes for which it is intended.';

3. the following fifth subparagraph
is added to Article 10 (1):

'Member States shall take the
necessary measures to prohibit the affixing to apparatus, its packaging, the
instructions for use and the guarantee certificate of markings which are likely
to deceive third parties as to the meaning and form of the CE marking. Any
other marking may be affixed to the apparatus, its packaging, the instructions
for use or the guarantee certificate provided that the visibility and
legibility of the CE marking is not thereby reduced.';

4. in Article 10 (6) the first
subparagraph is replaced by the following text:

'6. Member States shall notify the
Commission and the other Member States of the competent authorities referred to
in this Article and the bodies responsible for issuing the EC type-examination
certificates referred to in paragraph 5, together with the specific tasks which
these bodies have been appointed to carry out and the identification numbers
assigned to them beforehand by the Commission.

The Commission shall publish in the
Official Journal of the European Communities a list of the notified authorities
and bodies with their ide