Activities of Cristiana MUSCARDINI related to 2013/0048(COD)
Plenary speeches (1)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Shadow opinions (1)
OPINION 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, 00/14/EC, 2001/95/EC, 2004/108/EC, 2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 009/105/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
Amendments (33)
Amendment 23 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33, 114, 169 and 207 thereof,
Amendment 25 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to guarantee the free movement of products within the Union, it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, fair trading practices, protection of consumers, protection of the environment, protection of intellectual property right and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union goods market, online and offline, can thrive. Rules are therefore necessary on market surveillance, online and offline, and on controls of products entering the Union from third countries.
Amendment 28 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore integrate the provisions of Regulation 765/2008, Directive 2001/95/EC and several sector-specific acts of Union harmonisation legislation relating to market surveillance into a single regulation which covers products in both the harmonised and non-harmonised areas of the Union legislation, regardless whether they are traded online or offline, intended for use, or are likely to be used, by consumers or professionals.
Amendment 29 #
Proposal for a regulation
Recital 15
Recital 15
(15) Market surveillance should be based on the assessment of the risk presented by a product taking all relevant data into account, and on a duty of care for all relevant economic operators, especially intermediaries, regardless of whether the products are traded online or offline. A product that is subject to Union harmonisation legislation which lays down essential requirements relating to protection of certain public interests should be presumed not to present a risk to those public interests if it complies with those essential requirements.
Amendment 32 #
Proposal for a regulation
Recital 18
Recital 18
(18) For the purposes of this Regulation risk assessment should be carried out to identify products which have the potential to affect adversely the public interests protected by [Regulation (EU) No xxxx (on consumer product safety)], sector- specific Union harmonisation legislation and other Union legislation on products that are subject to this Regulation. It should include, where available, data on risks that have materialised previously with respect to the product in question. Account should also be taken of any measures that may have been taken by the economic operators concerned, applying a duty of care, to alleviate the risks. The particular potential vulnerability of consumers, as opposed to professional users, should be taken into account as should the increased vulnerability of certain categories of consumer such as children, the elderly or the disabled.
Amendment 34 #
Proposal for a regulation
Recital 21
Recital 21
(21) Market surveillance authorities should be given the power to destroy products, render inoperable or order their destruction or withdrawal by the relevant economic operator, operating online or offline, if they deem it necessary and proportionate to ensure that such goods cannot pose any further threats. or to avoid making illicit products available on the market.
Amendment 35 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should ensure the multi-annual action plan for market surveillance covering the period 2013- 2015 "20 actions for safe and compliant products for Europe: a multi-annual action plan for the surveillance of products in the EU" is effectively implemented. By the end of 2015, the Commission should report on the results achieved through the foreseen 20 actions and examine the need for legislative and non-legislative actions to reduce the number of unsafe or non-compliant products and ensure effectiveness of the surveillance of products both within the Union and on entry into the Union.
Amendment 42 #
Proposal for a regulation
Recital 41
Recital 41
(41) Since the objective of this Regulation, namely to ensure that products on the market, online and offline, covered by Union legislation fulfil the requirements providing a high level of protection of health and safety and other public interests while guaranteeing the functioning of the internal market, both online and offline, by providing a framework for coherent market surveillance in the Union, cannot be sufficiently achieved by the Member States as the attainment of this objective requires a very high degree of cooperation, interaction and uniformity of operation among all of the competent authorities of all Member States, and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products available online or offline meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, fair trading practices, consumer protection, the environment, the protection of intellectual property right, the protection of public security and other public interests.
Amendment 49 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘making available on the market’ means any supply or presentation of a product for distribution, consumption or use on the Union market, online or offline, in the course of a commercial activity, whether in return for payment or free of charge;
Amendment 50 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘placing on the market’ means the first making available of a product on the Union market, either online or offline;
Amendment 51 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘market surveillance’ means the activities carried out and measures taken by public authorities to ensure that products available either online or offline do not endanger health, safety or any other aspect of public interest protection and, in the case of products falling within the scope of Union harmonisation legislation, that they comply with the requirements set out in that legislation;
Amendment 52 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘market surveillance authority’ means an authority of a Member State responsible for carrying out market surveillance, either online or offline, on its territory;
Amendment 54 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a 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 56 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
(13a) ‘product presenting a regulatory risk’ means a product which fails to comply with applicable Union legislation;
Amendment 57 #
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 forto make products available on the market both onlinge of productsr offline;
Amendment 59 #
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 presenting a risk, and products that are not compliant with the applicable Union legislation are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product.
Amendment 67 #
Proposal for a regulation
Article 8 – title
Article 8 – title
General obligations of economic operatomanufacturers and importers
Amendment 68 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On request, economic operatomanufacturers, importers 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 69 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Manufacturers and importers shall ensure that their products are placed on the market and approved in accordance with the requirements set pout in the EU legislation that fall in the scope of this Regulation and safe for use
Amendment 70 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Manufacturers and importers established outside the Union shall appoint a single representative established within the Union for the purposes of market surveillance.
Amendment 71 #
Proposal for a regulation
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
1c. Manufacturers and importers shall indicate their name, registered trade name or registered trade mark and the address in the Union at which they can be contacted on or with the product that is placed in the market.
Amendment 72 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Economic operatoManufacturers and importers shall provide all necessary information to market surveillance authorities including information that enables the precise identification of the product and facilitates the tracing of the product.
Amendment 73 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Manufacturers established outside the Union shall appoint a single authorised representative established within the Union for the purposes of market surveillance
Amendment 74 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. Importers shall have the authorisation of the manufacturer established outside the EU to act as an authorised representative of the manufacturer for the purposes of market surveillance.
Amendment 76 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – point a a (new)
Article 9 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) the product or any presentation of the product bears without authorisation a trade mark that is identical or similar to a registered trade mark for this product, thereby not allowing to guarantee its authenticity or origin.
Amendment 77 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
The economic operator, applying a duty of care, shall ensure that all necessary corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union.
Amendment 78 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the identity of the relevant economic operator cannot be ascertained by the market surveillance authorities or where an economic operator failed in its duty of care or has not taken the necessary corrective action pursuant to Article 9(3) within the period specified, market surveillance authorities shall take all necessary measures to deal with the risk presented by the product.
Amendment 82 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b a (new)
Article 14 – paragraph 3 – subparagraph 2 – point b a (new)
(ba) the product or any presentation of the product bears without authorisation a trade mark that is identical or similar to a registered trade mark for this product, thereby not allowing to guarantee its authenticity or origin.
Amendment 89 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
The Member States shall lay down the rules ondetermine the penalties applicable to infringements of the provisions of this Regulation that impose obligations on economic operators and to infringements of provisions of any Union harmonisation legislation on products covered by this Regulation that impose obligations on economic operators where that legislation does not provide for penalties, and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [insert date - 3 months prior to the date of application of this Regulation] and shall notify it without delay of any subsequent amendment affecting them.
Amendment 90 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 91 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
The Commission shall establish the minimum penalties amounts as well as the conditions for collection of these penalties, including special provisions for small and medium-sized enterprises.
Amendment 93 #
Proposal for a regulation
Article 31 – paragraph 2 b (new)
Article 31 – paragraph 2 b (new)
The types of infringements which are subject to a penalty shall include at least the following: (a) products presenting a risk according to Article 9(2) until indent (d) or non compliant with the criteria referred to in points (a), (b) and (c) of Article 13(2); (b)making false declaration during approval procedures leading to a recall; (c) falsifying test results for type- approval; (d) refusal to provide access to information