24 Amendments of Salvatore CICU related to 2017/0354(COD)
Amendment 42 #
Proposal for a regulation
Recital 2
Recital 2
(2) Obstacles to the free movement of goods between Member States may be unlawfully created if, in the absence of Union harmonisation rules covering goods or a certain aspect of goods, a Member State's competent authority applies national rules to goods of that type lawfully marketed in another Member State, requiring the goods to meet certain technical requirements, for example requirements relating to designation, form, size, weight, composition, presentation, labelling or packaging, request for additional testing and/or duplication of tests. The application of such rules to goods lawfully marketed in another Member State could be contrary to Articles 34 and 36 of the Treaty even if the rules apply without distinction to all goods.
Amendment 49 #
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 system. Such overriding reasons, where legitimate differences exist fromare proven by one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, the existence of the overriding reason has to be properly proven, 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 possible. 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. Member States shall provide a written assessment.
Amendment 60 #
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: a) proportionate and; b) duly justified; c) the reason for denying market access is fully proven; d) it respects the mutual recognition principle and this Regulation.
Amendment 77 #
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 and without imposing excessive burdens on companies.
Amendment 88 #
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 shouldall 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 shouldall also accept test reports and certificates issued by other conformity assessment bodies in accordance with Union law. Competent authorities should bare required to take due account of the content of the test reports or certificates presented without requesting duplication of testing. _________________ 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 100 #
Proposal for a regulation
Recital 36
Recital 36
(36) It is important for the internal market in goods that businesses, and in particular SMEs, can obtain reliable and specific information about the law in force in a given Member State. Product Contact Points should play an important role in facilitating communication between national authorities and economic operators, by disseminating information about specific product rules and how mutual recognition is applied in their territory. Therefore, it is necessary to enhance the role of Product Contact Points as the principal providers of information on all product-related rules, including national rules covered by mutual recognition. The European Commission should establish and support a dissemination program to the benefit of SMEs in cooperation with Member States and Trade Associations.
Amendment 102 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to facilitate the free movement of goods, Product Contact Points should bare required to provide 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 106 #
Proposal for a regulation
Recital 43
Recital 43
(43) For the purposes of raising awareness about the mutual recognition principle and ensuring that this Regulation is applied correctly and consistently, the Union should finance awareness-raising campaigns and other related activities aiming at enhancing trust and cooperation between competent authorities, trade associations and economic operators.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The aim of this regulation is to strengthen the functioning of the internal market by improving the functioning of the mutual recognition principle and by removing unjustified barriers to trade.
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Referred to in point 2, this Regulation does not apply to the construction materials sector referred to the Regulation 2011/305.
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 6 – point b a (new)
Article 2 – paragraph 6 – point b a (new)
(ba) construction products.
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) 'legitimate public interest ground' means any of the grounds set out in Article 36 of the Treaty or any other overriding reasons of public interest as defined by the European Court of Justice in its case-law in relation to Article 34and 36 of the Treaty.
Amendment 160 #
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevant information concerning the characteristics of the goods or type of goods in question that is necessary for the assessment;
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevant information on the lawful marketing of the goods in another Member State that is necessary for the assessment;
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) any other informatiowhen the competent authority considers useful for the purposes of its assessmentthat additional information is necessary for the purposes of its assessment, such request shall be accompanied by a justification.
Amendment 183 #
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 shall take due account ofrecognise the content of 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 186 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, on completion of an assessment under paragraph 1, the competent authority of a Member State takes an administrative decision with respect to the goods, it shall communicate its decision winot later thian 2015 working days to the relevant economic operator referred to in paragraph 1, to the Commission and to the other Member States. Notification to the Commission and to the other Member States shall be done by means of the system referred to in Article 11.
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) the evidence demonstrating that the decision is appropriate for the purpose of achieving the objective pursued and that it does not go beyond what is necessary in order to attain that objective and less trade-restrictive.
Amendment 199 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. While the competent authority of a Member State is carrying out an assessment of goods pursuant to Article 5, it shall not temporarily suspend the making available of those goods on the domestic market in that Member State, except in one or the other of the following situations:the situation where under normal or reasonably foreseeable conditions of use, the goods pose a serious risk, including one where the effects are not immediate, which requires rapid intervention by the competent authority.
Amendment 203 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 207 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 210 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The competent authority of the Member State shall immediately notify the relevant economic operator, the Commission and the other Member States of any suspension pursuant to paragraph 1. The notification to the Commission and other Member States shall be made by means of the system referred to in Article 11. In cases falling within point (a) of paragraph 1 of this Article, tThe notification shall be accompanied by a detailed technical or scientific justification demonstrating whythat the case is considered to fall within that pointgoods pose a serious risk.
Amendment 249 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Union mayshall finance the following activities in support of this Regulation:
Amendment 253 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) education and training including trade association and public officials;