
In
1992 the European Commission published a proposal for a
Directive to cover the marking of precious metals and in
1993 the draft directive was issued. Under this, three methods
of certification were proposed as being acceptable within
the EU:
 |
marking
by an independent entity, such as an Assay Office; |
 |
marking
by a manufacturer operating to standards regulated by
a third party accreditation body; |
 |
manufacturer
self certification. |
The
Council identified five principal areas where is considered
the draft to be deficient:
 |
the
wide range of standards of fineness which could confuse
both industry and the consumer; |
 |
one
of the three marking options - Annex IV - manufacturer
self certification - was unsafe for the consumer as
it lacked the protection of the other marking systems; |
 |
the
omission of a notified body (i.e. the hallmarking body)
symbol as part of the prescribed marks to be stamped
on each article identifying the organisations represented
for Assay and Hallmarking; |
 |
absence
of an effective statutory accreditation procedure for
notified bodies; and |
 |
the
draft lacked specificity. |
In
1994 the European Parliament considered the draft directive
and voted to approve many amendments to the draft, some
of which would have dealt with the defects. In particular,
the European Parliament wished to see Annex III (formerly
IV) - manufacturers self certification - strengthened, as
well as the introduction of a notified body symbol.
In
November 1994 the Council was invited, along with other
interested organisations, to give oral evidence to a sub-committee
of the House of Lords Select Committee on the European Communities.
The Committee's recommendations were published in late December
and included the deletion of Annex III, the striking of
a notified body mark and the addition of an accreditation
procedure to establish the competence of notified bodies.
In
June 1997 the Commission tabled some amendments to the draft
Directive, under which Member States would be free to decide
whether or not to accept on their markets products which
complied with Annex III. It also proposed that article 18
should be amended so that the Commission's report to the
European Parliament and the Council of Ministers after the
three year transitional period should be accompanied by
proposals to amend the directive. The Council expressed
its concern with this amendment as it was felt this could
be a back door way of resurrecting Annex III, thus enabling
manufacturers to carry out self-certification.
In
2001 , the Chairman and a number of Council members took
part in discussions of Stakeholders in the UK precious metals
and jewellery sectors, and in the agreement of a Declaration
of Intent dated 23 October 2001. Please go to the Publications
section to view this.
Focus
has again centred on the draft Directive, as a result of
the likelihood that it will be placed on the agenda of the
Commission during the Italian Presidency of the EU during
the second half of 2003. Two briefing papers have been provided
by Council to DTI; one dated 8 January 2003 and the other
dated 17 April 2003. Please go to the Publications
section to view these. The annexes to the April paper are
not displayed, but please contact the Secretary
if you would like to have copies.