Activities of Virginie ROZIÈRE related to 2017/0354(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State PDF (710 KB) DOC (107 KB)
Amendments (44)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) The internal market comprises an area without internal frontiers in which the free movement of goods is ensured in accordance with the provisions of the Treaties. Quantitative restrictions on imports and all measures having equivalent effect are prohibited between Member States. That prohibition covers any national measure which is capable of hindering, directly or indirectly, actually or potentially, intra-Union trade in goods. Free movement of goods is ensured in the internal market by harmonisation of rules at Union level setting common requirements for the marketing of certain goods or, for goods or aspects of goods not covered by Union harmonisation rules, by the application of the principle of mutual recognition as defined by the Court of Justice of the European Union1a. _________________ 1a This principle originated in its judgment of 20 February 1979, Rewe- Zentral, aff. 120/78 and it is now fully recognised (e.g., CJEU, 10.02.2009, Commission v/ Italy, aff. C-110/09, paragraph 34).
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security systemthe preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, the combating of fraud and the prevention of tax evasion and avoidance, as well as the safe guarding of the effectiveness of fiscal supervision; road transport safety, the guaranteeing of the quality of craft work, the promotion of research and development; the protection of the environment and the urban environment, the health of animals; intellectual property and the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possibl. The principle means that decisions need to be legitimate, appropriate, and do not go beyond what is necessary to achieve its objective. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective.
Amendment 54 #
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 764/200822 was adopted in order to facilitate the application of the mutual recognition principle, by establishing procedures to minimise the possibility of creating unlawful obstacles to the free movement of goods which have already been lawfully marketed in another Member State. Despite the adoption of that Regulation, many problems still exist as regards the application of the mutual recognition principle. The evaluation carried out between 2014 and 2016 showed that the principle does not totally function as it should and Regulation (EC) No 764/2008 has had limited effect in facilitating its application. The tools and procedural guarantees put in place by Regulation (EC) No 764/2008 partly failed in their aim of improving the application of the mutual recognition principle. For example, the Product Contact Points network which was put in place in order to provide information to economic operators on applicable national rules and the application of mutual recognition is barely known or used by economic operators. Within the network, national authorities do not cooperate sufficiently. The requirement to notify administrative decisions denying or restricting market access is complied with rarely. As a result, obstacles to free movement of goods in the internal market remain. _________________ 22 OJ, L 218,13.8.2008, p.21
Amendment 58 #
Proposal for a regulation
Recital 13
Recital 13
(13) Decisions of nNational courts orand tribunals, as the ordinary judges of the European law, are bound by it. Their decisions assessing the legality of cases in which, on account of the application of a national technical rule, goods lawfully marketed in one Member State are not granted access to the market of another Member State, and decisions of national courts or tribunals applying penalties, should bare excluded from the scope of this Regulation.
Amendment 63 #
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a process of self-declaration, which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent national authorities from taking a decision restricting market access, on the condition that such a decision is proportionate and respects the mutual recognition principle and this Regulation.
Amendment 64 #
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a process of self-declaration, which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent national authorities from taking a decision restricting market access, on the condition that such a decision is proportionate and respects the mutual recognition principle and this Regulation.
Amendment 68 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the information provided in a mutual recognition declaration is comprehensive and truthful, a harmonised structure for such declarations should be laid down for use by economic operators wishing to make such declarations.
Amendment 69 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is important to ensure that the mutual recognition declaration is filled in truthfully and accurately. It is therefore necessary to provide for economic operators to be responsible for the information contained in the declaration. Fraudulent declarations should be prosecuted in accordance with national laws.
Amendment 70 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to enhance the efficiency and competitiveness of businesses operating in the non-harmonised area, it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration. Therefore, economic operators should be able to make their declaration available online. and in a secure way.
Amendment 76 #
Proposal for a regulation
Recital 22
Recital 22
(22) Where producers decide not to make use of the mutual recognition declaration mechanism, it should be for the Member State to request the information that it considers necessary for the assessment of the goods, taking due account of the principle of proportionality. The use of the declaration does not prevent national authorities from taking a decision restricting the access to market in accordance with European law.
Amendment 80 #
Proposal for a regulation
Recital 23
Recital 23
(23) Directive (EU) 2015/1535 of the European Parliament and of the Council requires Member States to communicate to the Commission and to the other Member States any draft national technical regulation concerning any product, including agricultural and fish products, and a statement of the grounds which make the enactment of that regulation necessary. It is necessary, however, to ensure that, followAccording to the Directive 2015/1535, Member States shall also provide any relevant data justifying the adoption of such a national technical regulation, the principle of mutual recognition is correctly applied in individual cases to specific goods. This Regulation should lay down procedures for the applicat and its anticipated effects. The Commission and the Member States may make comments to the notifying Member State which shall take them into account as much as possible. The Commission ofand the mutual recognition principle in individual cases by, for example, requirMember States can also deliver a detailed opinion on the measure envisaged. In such case, the notifying Member State has to indicate the national technical rules on which the adminipostpone for six months the adoption of the measure. This standstill period aims to solve the potential restraictive decision is based and the legitimate public interest ground on which the administrative decision is justified. This requirement does not, however, oblige Member States to justify the national technical rule itself, but rathereffects the draft technical regulation may have on the free movement of good within the internal market. As established by the judgment of the Court of Justice of the European Union in the case CIA Security International SA (C-194/94) of 30 April 1996, the breach of the appoblicgation of that national technical rule with respect to a product lawfully marketed in another Member Stateto notify renders the technical regulation concerned inapplicable and unenforceable against individuals.
Amendment 82 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) It is necessary to ensure the correct enforcement of the Directive (EU) 2015/1535 which does not preclude the application of the principle of mutual recognition in individual cases to specific goods. This Regulation should lay down procedures for the application of the mutual recognition principle in individual cases by, for example, requiring Member States to indicate the notified national technical rules on which the administrative decision is based. This requirement does not, however, oblige Member States to justify the national technical rule itself, but rather the application of that national technical rule with respect to a product lawfully marketed in another Member State.
Amendment 85 #
Proposal for a regulation
Recital 25
Recital 25
(25) While a competent authority is assessing goods before deciding whether or not it should deny or restrict market access, it should not be able to take decisions suspending market access, except where rapid intervention is required to prevent harm to safety and health of users or to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of an overriding reason of general interest such as public morality or public security, including for example the prevention of crime.
Amendment 89 #
Proposal for a regulation
Recital 26
Recital 26
(26) Regulation (EC) No 765/2008 of the European Parliament and of the Council23 establishes a system of accreditation which ensures the mutual acceptance of the level of competence of conformity assessment bodies. The competent authorities of Member States should therefore not refuse test reports and certificates issued by an accredited conformity assessment body on grounds related to the competence of that body. Furthermore, in order to avoid as far as possible the duplication of tests and procedures which have been already carried out in another Member State, Member States should also acceptalso have to take into due consideration test reports and certificates issued by other conformity assessment bodies in accordance with Union law. Competent authorities should be required to take due account of the content of the test reports or certificates presented. _________________ 23 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 97 #
(34) However, where the SOLVIT's informal approach fails, and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the Commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of the SOLVIT centre. The Commission's intervention should be subject to a reasonable time-limit, in compliance with the European Code of Good Administrative Behaviour and compatible with the short deadlines of the SOLVIT system.
Amendment 101 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to facilitate the free movement of goods, Product Contact Points should be required to provide, up to a reasonable level, information, free of charge, on their national technical rules and the application of the principle of mutual recognition. Product Contact Points should be adequately equipped and resourced. In accordance with Regulation [Single Digital Gateway – COM(2017)256] they should provide information through a website and be subject to the quality criteria required by that Regulation, and be subject to the quality criteria set out in that Regulation.
Amendment 103 #
Proposal for a regulation
Recital 38
Recital 38
(38) Cooperation between competent authorities is essential for the smooth functioning of the mutual recognition principle and for creating a mutual recognition culture. Product Contact Points and national competent authorities should therefore be required to cooperate and exchange information and expertise in order to ensure a correct and consistent application of the principle and of this Regulation. The Union should finance activities aiming at enhancing this cooperation between competent authorities such as trainings and exchanges of good practices.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. This Regulation is without prejudice to the Directive2015/1535 and the obligation to notify draft national technical regulations to the Commission and the Member States prior to their adoption.
Amendment 123 #
Proposal for a regulation
Article 4 – title
Article 4 – title
4 Mutual recognition declaraLawful marketing declaration regarding mutual recognition
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The producer of goods, or goods of a given type, that are being or are to be made available on the domestic market in a Member State ('the Member State of destination') may draw up a declaration (a 'lawful marketing declaration regarding mutual recognition declaration') in order to demonstrate to the competent authorities of the Member State of destination that the goods, or goods of that type, are lawfully marketed in another Member State.
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Within the lawful marketing declaration regarding mutual recognition declaration, the specific information related to the marketing of the goods or type of goods may, however, be filled in by any economic operator.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The lawful marketing declaration regarding mutual recognition declaration shall follow the structure and contain the information specified in the Annex.
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The lawful marketing declaration regarding mutual recognition declaration shall follow the structure and contain the information specified in the Annex.
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Economic operators shall be responsible for the content and accuracy of the information that they themselves provide in the mutual recognition declarationlawful marketing declaration regarding mutual recognition. Fraudulent declarations shall be prosecuted in accordance with national laws.
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The lawful marketing declaration regarding mutual recognition declaration may be supplied to the competent authority of the Member State of destination for the purposes of an assessment to be carried out under Article 5. It may be supplied either in paper form or by electronic means.
Amendment 150 #
Proposal for a regulation
Article 4 – paragraph 7 – introductory part
Article 4 – paragraph 7 – introductory part
7. If a lawful marketing declaration regarding mutual recognition declaration is supplied to a competent authority of the Member State of destination in accordance with the requirements of this Article, then for the purposes of any assessment of the goods under Article 5:
Amendment 151 #
Proposal for a regulation
Article 4 – paragraph 7 – point a
Article 4 – paragraph 7 – point a
(a) the declaration, together with any evidence reasonably required by the competent authority to verify the information contained in it and the characteristics of the goods or type of goods, shall be accepted by the competent authority as sufficient to demonstrate that the goods are lawfully marketed in another Member State; and
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 8 – introductory part
Article 4 – paragraph 8 – introductory part
8. If a lawful marketing declaration regarding mutual recognition declaration is not supplied to a competent authority of the Member State of destination in accordance with the requirements of this Article, the competent authority may request any of the economic operators to provide the following documentation and information in order to demonstrate for the purposes of an assessment under Article 5 that the goods are lawfully marketed in another Member State:
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Where the goods for which the lawful marketing declaration regarding mutual recognition declaration is being supplied are also subject to a Union act requiring an EU declaration of conformity, the mutual recognition declaration may be included as part ofattached to thate EU declaration of conformity.
Amendment 175 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where a competent authority of a Member State has doubts as regards goods which the economic operator claims are lawfully marketed in another Member State, the competent authority shall contact the relevant economic operator without delay and shall carry out an assessment the goods. The purpose of the assessment is to establish whether the goods or that type of goods are lawfully marketed in another Member State and, if so, whether the goods or that type of goods ensure at least an equivalent level of protection of the public interest covered by applicable national technical regulation of the Member State of destination.
Amendment 182 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In carrying out assessments under paragraph 1, the competent authorities of Member States shallve to take due account of the content ofinto due consideration test reports or certificates issued by a conformity assessment body and provided by any economic operator as part of the assessment. Competent authorities of Member States shall not refuse certificates or test reports issued by a conformity assessment body accredited for the appropriate field of conformity assessment activity in accordance with Regulation (EC) No 765/2008 on grounds related to the competence of that body.
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The administrative decision referred to in paragraph 3 shall set out the reasons for the decision in a manner that is sufficiently detailed and reasoned to enablfacilitate an assessment to be made of its compatibility with the mutual recognition principle and with the requirements of this Regulation.
Amendment 191 #
Proposal for a regulation
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) the legitimate public interest ground on which the decision is justifieddate and the number of the notification of the draft national technical rule under the Directive 2015/1535;
Amendment 192 #
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
Amendment 209 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the making available of the goods, or goods of that type, on the domestic market in that Member State is generally prohibited in that Member State on grounds ofan overriding reason of general interest such as public morality or public security.
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Article applies if an economic operator affected by an administrative decision has submitted the decision to the Internal Market Problem Solving Network (SOLVIT) and, during the SOLVIT procedure, the Home Centre asks the Commission to give an opinion to assist in solving the case. SOLVIT home and lead centres as well as the economic operator shall provide the Commission with all relevant documents relative to the decision at stake.
Amendment 222 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall, within three month15 days of receipt of the request referred to in paragraph 1, enter into communication with the relevant economic operator or operators and the competent authorities who took the administrative decision in order to assess the compatibility of the administrative decision with the principle of mutual recognition and this Regulation.
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Following completion of its assessment within a reasonable time-limit, the Commission may issue an opinion identifying concerns that should, in its view, be addressed in the SOLVIT case and, where appropriate, making recommendations to assist in solving the case.
Amendment 239 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where necessary to complement the information provided online under paragraph 2, Product Contact Points shall provide, at the request of an economic operator or a competent authority of another Member State, any useful information, such as an electronic copy of or an electronic link to the national technical rules, information on relevant national or European Standards applicable to specific goods or a specific type of goods in the territory in which the Product Contact Point is established and information as whether that the goods or goods of that type are subject to a requirement for prior authorisation under national law.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Product Contact Points shall respond within 1530 working days of receiving any request under paragraph 3.
Amendment 244 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall provide for and ensure efficient cooperation and exchange of information between the competent authorities and the Product Contact Points of the various Member States. as well as with the national standardization bodies1a of the various Member States. _________________ 1a As per Regulation 1025/2012.
Amendment 246 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 254 #
Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)
Article 12 – paragraph 1 – point c a (new)
(ca) exchange of good practices ;
Amendment 259 #
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
3. Description of the goods or type of goods subject of the declaration and their characteristics: [Note: the description should be sufficient to enable the goods to be identified for traceability reasons. It may be accompanied by a photograph, where appropriate]