77 Amendments of Kosma ZŁOTOWSKI related to 2021/0170(COD)
Amendment 173 #
Proposal for a regulation
Recital 8
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation whento the extent that there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 175 #
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumerrisk-based approach is a proportionate way to ensure a high level of safety of products and consumers, while guaranteeing that efforts are focused on the products possessing realistic hazards and should therefore be taken into due account by all relevant actors when applying this Regulation.
Amendment 178 #
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimatelyto the extent that it can reasonably be expected to result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 192 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 196 #
Proposal for a regulation
Recital 22
Recital 22
(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured, in case of gaps inProducts which are complaint with [Regulation (EU) No 2022/30], or other Union legal acts applicable to the product in question, should be considered as being in compliance with this Regulation in regard to the cybersecurity requirements. However, it should be ensured that, in exceptional cases where the sectorial legislation, that cannot be applied, the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.
Amendment 197 #
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 asthe characteristics of the product, including its composition, packaging, instructions, taking into account the nature of the product, for assembly, maintenance or commissioning; product appearance, labelling; warnings and instructions for its use and any other information made available to the consumer with regard to the product. Furthermore, 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. 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 233 #
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. SWhere applicable, such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. Marketplaces should be allowed a degree of flexibility concerning listings such as custom or craft products. Similarly, microenterprises or one-person businesses should be exempted from certain obligations, in order to avoid unnecessary side-effects such as disclosure of personal information. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 236 #
Proposal for a regulation
Recital 37
Recital 37
(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. For example marketplaces could elevate their online interface to redirect consumers to valuable information on recalls, listed by relevant market surveillance authorites. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.
Amendment 301 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Regulation shall be applied taking due account of the precautionary principlerisk-based approach.
Amendment 307 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, 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 315 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 317 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. 'high-risk product' means the products/product categories listed in Annex [ ];
Amendment 318 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
5 a. 'accident' means a sudden event or incident that occurs as a result of using a product and resulting in death or injury requiring medical treatment, such as cuts, poisoning and burns;
Amendment 328 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumtraders for the sale of products covered by this Regulation;
Amendment 333 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 335 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) existing conventional law,
Amendment 342 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) if it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(76) of Regulation (EU) 1025/2012;
Amendment 344 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements and complies fully with Regulation (EU) 2019/515.
Amendment 346 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shallmay adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down the general safety requirement laid down in Article 5 where the following conditions have been fulfilled: (a) no reference to harmonised standards covering the relevant essential health and safety requirement is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; and (b) the Commission has justified the reason for not publishing in the Official Journal any European standard , vis-a-vis the Committee of Standards referred to in Article 22 of Regulation (EU) No 1025/2012 and that Committee has endorsed the justification applying Article 5 of Regulation (EU) No 182/2011. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 357 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 362 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the effect that other products might have on the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other productwhen the interaction of those other products are reasonably foreseeable;
Amendment 374 #
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) when required by the nature of product, the appropriate cybersecurity features necessary to protect the product against unplanned external influences, including malicious third parties, when such an influence might have an impact on the safety of the product or measures to mitigate the impact on safety to an acceptable level;
Amendment 379 #
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) the evolving, learning and predictive functionalities of a product. when such an influence has an impact on the safety of the product;
Amendment 389 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. By … [6 months after the date of entry into force of this Regulation] the Commission shall publish guidelines with regard to the extended WHO definition of 'health' and how it will impact the assessment provided for in this Article, including sample cases and relevant information for stakeholders.
Amendment 404 #
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 or dedicated section of their website, allowing the consumers to file complaints and to inform them manufacturer of any accident or safety issue they have experienced with the product.
Amendment 407 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 414 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned downstream supply chain informed of any relevant safety issue that they have identified.
Amendment 431 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark, the website and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 436 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. The instructions may be provided in a digital format unless otherwise requested by consumers at the time of purchase of the product. Consumers shall be informed about the opportunity to obtain non- digital instructions and safety information prior to the transaction.
Amendment 447 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, understood also as ceasing of functioning or of utilising the product, as appropriate.
Amendment 451 #
Proposal for a regulation
Article 8 – paragraph 11
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product hasWhere a corrective measure has been taken by a market surveillance authority or where a manufacturer is to act on its own initiative after discovering a relevant risk, consumers shall be notified of the risk to their health and safety presented by a product to that effect, giving details, in particular, of the risk to health and safety of the consumer and of any corrective measure already taken. Relevant market surveillance authority shall be notified about the approximate number of products in question, left on the market. The notification shall been made available to that effect, giving details,via the Safety Portal referred to in paArticular, of the risk to health and safety of consumers and of any corrective measure already takenle 32 or the Safety Business Gateway referred to in Article 25, respectively, or where appropriate via tools provided for in paragraph 2 of this Article.
Amendment 455 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A manufacturer may, by a written mandate, appoint an authorised representative. A copy of the mandate shall be made available to the relevant market surveillance authorities.
Amendment 489 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and relevant market surveillance authorities, including information about the approximate number of products in question, left on the market, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.
Amendment 502 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Single notification for supply chain The notification obligation referred to in Article 8(11), Article 10(8) and Article 11(3) and (4) of this Regulation, shall be considered sufficient if submitted by a single entity from the relevant supply chain in order to avoid duplication of notifications.
Amendment 503 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 504 #
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the changes have not been made by the consumer for their own use. or are performed upon specific request by the consumer in order to customise the product;
Amendment 511 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports where required by the magnitude of the risk or inefficient corrective actions by the economic operator, and decide whether or when the corrective measure can be considered completed.
Amendment 514 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For the products, categories or groups of products covered by a delegated act referred to in paragraph 2b of this Article, Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by this Regulationhigh-risk products. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 525 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. When the products referred to in paragraph 1 of this Article which are made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of such products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 526 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. The Commission is empowered to adopt delegated acts in accordance with Article 41 to supplement this Regulation by determining the products, categories or groups of products for which an obligation referred to in paragraph 1 of this Article is to apply. When adopting those delegated acts, the Commission shall take into account the potential risk to the health and safety of consumers caused by the products concerned, based on the information from Safety gate, consultations with the Member States authorities and other relevant evidence.
Amendment 527 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The name, registered trade name or registered trade mark, website and contact details, including the postal and electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 529 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 531 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulationnational transposition and implementation of Union harmonisation legislation applicable to products. For this purpose, Article 9(1), (4) and (5) of Regulation (EU) 2019/515 shall apply.
Amendment 541 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
Amendment 543 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. When preparing the delegated acts referred to in paragraph 3, the Commission shall continue consultations with the stakeholders and Member States, organised via existing or ad hoc expert groups, and shall take due account of the recommendations;
Amendment 547 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) pictures and other information to identify the product, including its type and, when available, batch or serial number and any oand any other product identifier that allows ther product type to be identifierd;
Amendment 555 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident demonstrably caused by a product placed or made available on the market is notified, within two working days from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 582 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate. For those purposes, the market surveillance authority shall allow communication by email or other digital automated system, and to that end shall publish necessary information for that purpose on the Safety Gate.
Amendment 595 #
Proposal for a regulation
Article 20 – paragraph 5 – introductory part
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders, where applicable, to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
Amendment 601 #
Proposal for a regulation
Article 20 – paragraph 5 – point c
Article 20 – paragraph 5 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and an any other product identifier necessary to identify other product identifiertype;
Amendment 613 #
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperatinge with market surveillance authorities and with relevant economic operators to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and informing consumers thereof;
Amendment 616 #
Proposal for a regulation
Article 20 – paragraph 6 – point a a (new)
Article 20 – paragraph 6 – point a a (new)
(a a) inform traders and market surveillance authorities about the information communicated by consumers on accidents or safety issues with regard to the product offered for sale online by those traders through their services;
Amendment 619 #
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) subject to paragraph 6a, allowing access to their interfaces for the online tools operaApplication Programming Interfaces (APIs) for the sending of functions calls via those APIs to facilitate a reasoned requested by market surveillance authorities to identify dangerous products;
Amendment 623 #
Proposal for a regulation
Article 20 – paragraph 6 – point e
Article 20 – paragraph 6 – point e
(e) uponsubject to paragraph 6a, upon a precise data request of the market surveillance authorities concerning individual or linked cases, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape the scraping of such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.
Amendment 627 #
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
Amendment 637 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 shall apply to products covered by this Regulation. When the competent authorities of the Member States take measures provided for in art. 11, 16 and 20 or Regulation (EU) 2019/1020, they shall act in accordance with the Treaty, and in particular Articles 28 and 30 thereof, in such a way as to implement the measures in a manner proportional to the seriousness of the risk, and taking due account of the precautionary principle.
Amendment 666 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a Development of Information and Communication Systems 1. The Commission shall adopt a biennial work programme, specifying priorities and objectives for maintenance, development and introducing new functionalities of Information and Communications systems referred to in Article 20(5) of Regulation (EU) 2019/1020 and Articles 23, 25 and 32 of this Regulation, for the purpose of this Regulation and giving particular attention to: (a) introduction of fully digital, automated and secure exchange of information between relevant Member State authorities and market participants; (b) adoption of the systems, proposed timelines, budget and number of dedicated staff to execute the tasks envisaged. 2. No later than three months after finalisation of the work programme, the Commission shall draw up a report mapping out conclusions and summarising the effects of that work programme. If necessary, that report shall specify the reasons that did not allow specific objectives to be achieved.
Amendment 670 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a new type of product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, after consulting and taking due account of the opinion of Member States' authorities, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
Amendment 682 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State shall be presumed dangerous by market surveillance authorities in other Member States unless the risks identified by the Member State concerned do not apply in other Member States.
Amendment 709 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting relevant risks to consumer health and safety shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
Amendment 725 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall be allowed to make use of this information for recalls and safety warnings.
Amendment 730 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shallmay offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.
Amendment 737 #
Proposal for a regulation
Article 34 – paragraph 2 – point d
Article 34 – paragraph 2 – point d
(d) clear description of the action consumers should take, including an instruction to immediately stop using the recalled product or an alternative equally effective measure that ensures the safety of the consumer and the product;
Amendment 741 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist ofe consumer shall be given the opportunity to choose from at least onetwo of the following options:
Amendment 742 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771 and Directive (EU) 85/374/EEC, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 743 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 745 #
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) cost-free repair of the recalled product;
Amendment 746 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) cost-free replacement of the recalled product with a safe one of the same type and at least the same value and quality;
Amendment 747 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) refund of the value of the purchase price at the time of acquiring of the recalled product.
Amendment 766 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and assessed case-by-case. Member States shall, by [insert date - 312 months after to the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 767 #
Proposal for a regulation
Article 40 – paragraph 2 – point e
Article 40 – paragraph 2 – point e
Amendment 770 #
Proposal for a regulation
Article 40 – paragraph 3 – point i
Article 40 – paragraph 3 – point i
(i) falsifydamaging test resultssamples or obstructing sample testing.
Amendment 774 #
Proposal for a regulation
Article 40 – paragraph 5 – introductory part
Article 40 – paragraph 5 – introductory part
5. Member States may also impose periodic penalty payments to compel economic operators or online marketplaces, where applicable:
Amendment 776 #
Proposal for a regulation
Article 40 – paragraph 6
Article 40 – paragraph 6
6. By 31 March of each year, Member States shall inform the Commission ofThe Commission shall collect relevant data entered by Member States' authorities from Safety Gate about the type and the size of the penalties imposed under this Regulation, identify the actual infringements of this Regulation, and indicate and consolidate information regarding the identity of economic operators or online marketplaces upon which penalties have been imposed.
Amendment 779 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The power to adopt delegated acts referred to in Article 8(7), Article 15(3) and Article 17(3) shall be conferred on the Commission for an indeterminate period of time from [insert date - the date of entry into force of this Regulation].
Amendment 780 #
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. A delegated act adopted pursuant to Article 17(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 785 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].