Activities of Heide RÜHLE related to 2013/0048(COD)
Plenary speeches (1)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on market surveillance of products and amending Council Directives 89/686/EEC and 93/15/EEC, and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 1999/5/EC, 2000/9/EC, 2000/14/EC, 2001/95/EC, 2004/108/EC, 2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 2009/105/EC, 2009/142/EC, 2011/65/EU, Regulation (EU) No 305/2011, Regulation (EC) No 764/2008 and Regulation (EC) No 765/2008 of the European Parliament and of the Council PDF (618 KB) DOC (776 KB)
Amendments (31)
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products placed or made available on the market meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment, public security, a level-playing field among market operators and other public interests.
Amendment 107 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12a) 'Non-compliant product' means a product which is not in conformity with the requirements laid down in Union harmonisation legislation that applies to it;
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a safety risk’ means a product havingwhich has the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 115 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13 c (new)
Article 3 – paragraph 1 – point 13 c (new)
(13c) 'product presenting a regulatory risk' means a product which fails to comply with applicable Union legislation;
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘Union harmonisation legislation’ means Union legislation harmonising the conditions for the marketing of products; it defines the essential requirements which products must comply with in order to be placed on the Union market;
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products that are not compliant with the applicable Union legislation and which presenting a risk are not made available on the Union market and, where such products have been made available, effective and proportionate measures are taken to remove the risk presented by the product or to put an end to its non-compliance.
Amendment 145 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of products, irrespective of the distribution channels and selling techniques, on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. They shall record these checks in the information and communication system for market surveillance referred to in Article 21.
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 5 – point c c (new)
Article 6 – paragraph 5 – point c c (new)
(cc) Verify the compliance of products with the applicable Union legislation.
Amendment 171 #
Proposal for a regulation
Article 6 – paragraph 5 – point c d (new)
Article 6 – paragraph 5 – point c d (new)
(cd) be encouraged to participate in national standardisation activities aimed at the development or revision of standards requested by the Commission in accordance with Article 10 of Regulation (EU) No 1025/2012.
Amendment 188 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On request and without prejudice to Articles R2(9), R4(9) and R5(5) of Annex I of Decision 768/2008/EC, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities any documentation and information that those authorities require for the purpose of carrying out their activities, in a language which can be easily understood by them.
Amendment 202 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Procedures for dealing with non- compliant products or Products presenting a risk
Amendment 205 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk or is otherwise not compliant with the applicable Union legislation, they shall carry out a risk assessmentn evaluation in relation to that product taking account of the considerations and criteria set out in Article 13.
Amendment 210 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
Amendment 214 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 244 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 253 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where market surveillance authorities consider that a product presents a serious risk and the economic operator cannot be identified or is unwilling to take the necessary measures, they shall take all necessary measures and may do so without first requiring the economic operator to take corrective action pursuant to Article 9(3) and without giving the operator the opportunity to be heard beforehand. In such cases the economic operator shall be heard as soon as practicable.
Amendment 256 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Market surveillance authorities shall, without undue delay, publish information about product identification, the nature of a risk and the measures taken to prevent, reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the Union. This information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets, preserve personal data pursuant to national and Union legislation or avoid undermining monitoring and investigation activities.
Amendment 261 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Market surveillance authorities may charge fees on economic operators which are caught placing or making available non-compliant products and products presenting a risk on the Union market. Such fees should wholly or partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraphs 1 or 4.
Amendment 263 #
Proposal for a regulation
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. Where a product is found to be non- compliant for which an outside body was tasked with carrying out parts of the conformity assessment procedure, the market surveillance authority concerned should act to review and, where necessary, limit or rescind that body's accreditation, licence or appointment.
Amendment 269 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. On the basis of the results of the evaluation conducted pursuant to paragraph 3, the Commission mayshall decide by implementing acts within 3 months whether the national measures are justified and similar measures should be taken by all Member States that have not already done so. In this case, it shall address the decision to the Member States concerned and immediately communicate it to all Member States and the relevant economic operator or operators.
Amendment 291 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Compliance with the criteria referred to in points (a), (b) and (c) of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate. However, this shall not prevent market surveillance authorities from taking action under this Regulation where there is new evidence that, despite such conformity or compliance, the product presents a risk with the criteria referred to in points (b) and (c) of paragraph 2, the product presents a serious risk. In that case the market surveillance authorities shall demonstrate that the product presents a serious risk and notify its decision pursuant to Article 19.
Amendment 312 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Market surveillance authorities mayshall charge fees on economic operators declaring the non-compliant products and products presenting a risk for free circulation which wholly or partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraph 1.
Amendment 318 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a riskserious risk to the health and safety of consumers in accordance with this Regulation.
Amendment 325 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Notification through RAPEX of products presenting a serious risk
Amendment 328 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) any corrective action taken by economic operators pursuant to Article 9(3);
Amendment 332 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point c a (new)
Article 20 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the arguments put forward by the relevant economic operator.
Amendment 345 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. On receiving a notification, the Commission shall communicate it towithout delay to the economic operator and the other Member States. If the notification does not satisfy the requirements set out in paragraphs 1, 2 and 3, the Commission may suspend it.
Amendment 349 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. It shall be possible to update the information related to a product notified to the RAPEX system.
Amendment 351 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall maintain an information and communication system for market surveillance (ICSMS) for the collection and structured storage of information on issues relating to market surveillance,. Member States shall collect and enter in ICSMS in particular the following information:
Amendment 352 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 a (new)
Article 21 – paragraph 1 – subparagraph 1 a (new)
The Commission shall provide an interface solution through which ICSMS can be connected to RAPEX for data interchange between these systems, when appropriate.
Amendment 385 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2