2.11 EU適合宣言書に関する経過措置

Union harmonisation legislation does not necessarily foresee a transitional solution for the information to be included in the EU Declaration of Conformity when existing legislation is replaced by a new one. This is the case for the Directives which have been revised to be aligned to the reference provisions of Decision No 768/2008/EC (103). The essential requirements in most of these Directives are not modified and there is no transitional period for referring to the old or new Directives. Furthermore, where relevant, aligned Directives specify that certificates issued under the old Directive remain valid under the new Directive. In such cases, products would meet both the requirements of the old and of the new legislation. As of their entry into force, the EU Declaration of conformity will need to include the reference to the new Directives for the products placed on the market to be considered as compliant.

Union harmonisation legislation in most cases only specifies the mandatory minimum content of the EU Declaration of Conformity but additional useful information is generally accepted. Manufacturers may make use of this flexibility and start using the new model structure set out in the Annexes of the aligned directives ahead of their entry into application. Where products comply with the requirements of both the old and new Directives, economic operators could refer to the two Directives in the EU Declaration of Conformity (‘old’ and aligned Directives), indicating the corresponding periods of application for each of the directives. For example, for a product in the scope of Directive 2014/30/EU, the EU Declaration of Conformity could contain the following statement:

‘The object of the declaration described above is in conformity with the relevant Union harmonisation legislation: Directive 2004/108/EC (until 19 April 2016) and Directive 2014/30/EU (from 20 April 2016).’