38 Amendments of Brando BENIFEI related to 2021/0170(COD)
Amendment 188 #
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or, changing its characteristics or causing software errors in programs. New technologies, such as through software updates, may substantially modify the original product, which should then be submitted to a new risk assessment.
Amendment 198 #
Proposal for a regulation
Recital 23
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities as well as gender specificities. Economic operators should avoid bias when assessing the safety of a product in order to reach a high level of safety for all consumer groups. This is why testing should be carried out with an equal involvement of all genders. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
Amendment 220 #
Proposal for a regulation
Recital 28
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhancingn insufficient for the protection of consumers against dangerous products sold online. Nonetheless, iIts voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field..
Amendment 241 #
Proposal for a regulation
Recital 44
Recital 44
(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous or illegal products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous or illegal products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and origin and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.
Amendment 251 #
Proposal for a regulation
Recital 52
Recital 52
(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be accessible for persons with disabilities.
Amendment 258 #
Proposal for a regulation
Recital 55
Recital 55
(55) There might be cases where it is necessary to deal with a serious risk at the Union level where the risk cannot be contained satisfactorily by means of measures taken by the Member State concerned or by any other procedure under Union legislation. This could notably be the case of new emerging risks or those impacting vulnerable consumers. For that reason the Commission can adopt measures either on its own initiative or upon request of the Member States, of consumer organizations or relevant trade associations. Such measures should be adapted to the gravity and urgency of the situation. It is furthermore necessary to provide for an adequate mechanism whereby the Commission could adopt immediately applicable interim measures.
Amendment 269 #
Proposal for a regulation
Recital 61
Recital 61
(61) IPublic access to the information available to the authorities on product safety should be ensured. When making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.
Amendment 274 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) ‘Directive 2020/1828/EU on Representative Actions for the Protection of the Collective Interests of Consumers underlines that globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice and that infringements of Union law can cause consumer detriment. Without effective means to bring unlawful practices to an end and to obtain redress for consumers, consumer confidence in the internal market is reduced. As consumers’ interests are heavily affected by unsafe products which are circulating in the internal market it is justified to include the GPSR to annex I of Directive2020/1828/EC.’
Amendment 277 #
Proposal for a regulation
Recital 72
Recital 72
(72) When imposing penalties, due regard should be given to the nature, gravity and duration of the infringement in question. The imposition of penalties should be effective, proportionate and dissuasive and should comply with Union and national law, including with applicable procedural safeguards and with the principles of the Charter of fundamental rights.
Amendment 280 #
Proposal for a regulation
Recital 80
Recital 80
(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 and ,(EU) 2018/1725 and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.
Amendment 288 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements thereby posing a threat to consumers health and safety or other relevant public interests.
Amendment 305 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, including software embedded or not, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 359 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the characteristics of the product, including its design, technical features, composition and chemical constituents, packaging, instructions for assembly and, where applicable, for installation, use and maintenance;
Amendment 360 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the effect on other products, where it is reasonably foreseeable that it will be used with other products, including the interconnection of products among them as well as the possible loss of interconnection;
Amendment 372 #
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
Article 7 – paragraph 1 – point g a (new)
(g a) the appropriate security features necessary to address the loss of connectivity of a product when such a loss of connectivity may have an impact on the safety of the product;
Amendment 381 #
Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
Article 7 – paragraph 1 – point i a (new)
(i a) the appropriate safeguards to address faulty data that may have an impact on the safety of the product;
Amendment 382 #
Proposal for a regulation
Article 7 – paragraph 1 – point i b (new)
Article 7 – paragraph 1 – point i b (new)
(i b) the physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the product may present to the health and safety of consumers;
Amendment 383 #
Proposal for a regulation
Article 7 – paragraph 1 – point i c (new)
Article 7 – paragraph 1 – point i c (new)
(i c) The health risk posed by digital or connected products, including its accumulative and long term health effects;
Amendment 384 #
Proposal for a regulation
Article 7 – paragraph 1 – point i d (new)
Article 7 – paragraph 1 – point i d (new)
Amendment 385 #
Proposal for a regulation
Article 7 – paragraph 1 – point i e (new)
Article 7 – paragraph 1 – point i e (new)
(i e) the environmental risk posed by a product inasmuch it is likely to result in a risk to the health and safety of consumers;
Amendment 387 #
Proposal for a regulation
Article 7 – paragraph 3 – point j a (new)
Article 7 – paragraph 3 – point j a (new)
(j a) if the product, categories or groups of products, have caused injuries notified in the Safety Gate for Accidents as established in Article 25.a of this regulation;
Amendment 391 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When placing their products on the market, manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in Article 5. As well, manufacturers shall provide appropriate safeguards in order to prevent the upload of software that may jeopardize the safety of products during their lifetime.
Amendment 403 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address orand dedicated sections of their website, allowing the consumers to file complaints in an accessible way and to inform them of any accident or safety issue they have experienced with the product.
Amendment 417 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product before placing it on the market and ensure that the documentation is kept up to date. The technical documentation shall contain, as appropriate:
Amendment 426 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation, for a period ofthe lifespan of a product, at least ten years after the product has been placedmade available on the market and make it available to the market surveillance authorities, upon request.
Amendment 444 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9 a. For connected products, manufacturers shall establish a safety risk-management system to ensure the continued safe functioning of products over their entire life time.
Amendment 491 #
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. Importers shall keep the technical documentation referred to in Article 8(4) for a period of 10the lifespan of a product, at least ten years after they have placedmade the product available on the market and make it available to the market surveillance authorities, upon request. .
Amendment 505 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Where a product has been substantially modified in the meaning of this article, that product shall be submitted to a new risk assessment pursuant to Articles 5, 6 and 7 of this Regulation.
Amendment 537 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components, its origin or of the economic operators involved in its supply chain, as well as in modalities to display and to access that data, including placement of a data carrier on the product, its packaging or accompanying documents.
Amendment 570 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Amendment 662 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall maintain a web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19 which must be accessible for consumers with disabilities.
Amendment 669 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 671 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or upon request of Member States, consumer organizations or relevant trade associations by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
Amendment 681 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Any Member State, consumer organization or relevant trade association may submit a substantiated request to the Commission to examine the need for the adoption of a measure referred to in paragraph 1 or 3.
Amendment 716 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24 in an accessible way.
Amendment 758 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35 a Right to an effective judicial remedy Notwithstanding any administrative or other non-judicial remedies, any affected consumer or organisation representing consumers and other interested parties shall have the right to an effective judicial remedy with regard to the failure of economic operators to comply with their obligations under this Regulation.
Amendment 764 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Amendments to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC: “(X) Regulation of the European Parliament and of the Council on a General Product Safety Regulation”
Amendment 773 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. In the case of fines, the maximum amount of penalties shall be at least 4 % of the economic operator’sy shall at least offset the economic advantage sought through the infringement, but shall not exceed 10 % of the annual turnover or, where applicable, 4% of online marketplace’s annual turnover in the Member State or Member States concerned.