Activities of Lucy ANDERSON related to 2014/0107(COD)
Plenary speeches (1)
Cableway installations (A8-0063/2015 - Antonio López-Istúriz White)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on cableway installations PDF (742 KB) DOC (607 KB)
Amendments (22)
Amendment 142 #
Proposal for a regulation
Recital 8
Recital 8
(8) The scope of Directive 2000/9/EC should be maintained. This Regulation should apply to cableway installations designed to transport persons, typically used in high- altitude tourist resorts or in urban transport facilities. Cableway installations are mainly lift systems, such as funicular railways, aerial ropeways, cable cars, gondolas, chairlifts and drag lifts. Traction by cable and the passenger transport function are the essential criteria determining the cableway installations covered by this Regulation.
Amendment 144 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The safety of cableway installations and their infrastructure, subsystems and safety components should be assessed taking into account all the relevant aspects, in particular their characteristics, composition, authenticity, materials, components, and presentation of the product and its packaging as well as the categories of consumers who are likely to use the products.
Amendment 145 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) The precautionary principle, as laid down in Article 191(2) TFEU and outlined inter alia in the Commission Communication of 2 February 2000 on the precautionary principle, is a fundamental principle for the safety of products and for the safety of consumers and should be taken into due account when laying down the criteria for assessing the safety of cableway installations and their infrastructure, subsystems and safety components.
Amendment 146 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation does not affect the right of the Member States to specify the requirements they deem necessary as regards land-use, regional planning and in order to ensure the protection of the environment and of the health and safety of persons and in particular workeconstruction workers and operators when using cableway installations.
Amendment 148 #
Proposal for a regulation
Recital 19
Recital 19
(19) In the case of cableway installations, in some cases technological innovations can be verified and submitted to full-scale tests only on the occasion of the construction of a new cableway installation. In these circumstances, a procedure should be provided which, while ensuring that the essential requirements are complied with, also enables to take into account the particular conditions of a specific cableway installation.
Amendment 150 #
Proposal for a regulation
Recital 33
Recital 33
(33) When placing on the market a subsystem or a safety component, every importer should indicate on the subsystem or safety component his name, registered trade name or registered trade mark and the postal address at which he can be contacted, as well as a website where available. Exceptions should be provided for in cases where the size or nature of the safety component does not allow it. This includes cases where the importer would have to open the packaging to put his name and address on the safety component. In such cases the information should be indicated on the packaging and in the instructions accompanying the safety component.
Amendment 151 #
Proposal for a regulation
Recital 43
Recital 43
(43) A check of compliance of subsystems and safety components with the essential requirements provided for in this Regulation is necessary in order to provide effective protection for construction workers, operators, users and third parties.
Amendment 152 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a The provisions of this Regulation are based on the precautionary principle.
Amendment 154 #
Proposal for a regulation
Article 3 – point 23 a (new)
Article 3 – point 23 a (new)
(23a) 'EU declaration of conformity' means a document in which the manufacturer, or his authorised representative within the European Economic Area (EEA), indicates that the product meets all the necessary requirements laid down in this Regulation and any other applicable regulations or directives.
Amendment 159 #
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Amendment 160 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
(6) Manufacturers shall indicate on the subsystem or the safety component their name, registered trade name or registered trade mark and the postal address at which they can be contacted, as well as a website where available or, where that is not possible, on the packaging and in the instructions accompanying the safety component. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by users and the market surveillance authorities as determined by the Member State concerned.
Amendment 162 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
(8) Manufacturers who consider or have reason to believe that the a subsystem or a safety component which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary corrective measures necessary to bring that subsystem or safety component into conformity, to withdraw it or recall it, if appropriate, and adequately and effectively warn consumers who are at risk caused by the non-conformity of the product. Furthermore, where the subsystem or the safety component presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the subsystem or the safety component available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 165 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the subsystem or the safety component;
Amendment 166 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
(3) Importers shall indicate their name, registered trade name or registered trade mark and the postal address at which they can be contacted, as well as a website where available, on the subsystem or the safety component or where that is not possible, on its packaging and in the instructions accompanying the safety component. The contact details shall be in a language easily understood by users and market surveillance authorities as determined by the Member State concerned.
Amendment 167 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
(6) When deemed appropriate with regard to thProportionate to the possible risks presented by a subsystem or a safety component, importers shall, to protect the health and safety of the users, upon a duly justified request of the competent authorities, carry out sample testing of subsystems or safety components made available on the market, investigate, and, if necessary, keep a register of complaints of nonconforming subsystems or safety components and recalls of such subsystems or safety components, and shall keep distributors informed of any such monitoring.
Amendment 169 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
(7) Importers who consider or have reason to believe that a subsystem or a safety component which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that subsystem or safety component into conformity, to withdraw it or recall it, if appropriate and adequately and effectively warn consumers who are risk caused by the non-conformity of the product. Furthermore, where the subsystem or the safety component presents a risk, importers shall immediately inform the competent national authorities of the Member States in which they made the subsystem or the safety component available on the market to that effect, giving details, in particular, of the non- compliance and of any corrective measures taken.
Amendment 170 #
Proposal for a regulation
Article 13 – paragraph 9
Article 13 – paragraph 9
(9) Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a subsystem or a safety component in a language which can be easily understood by that authority. That information and documentation may be provided in paper or electronic form. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by subsystems or safety components which they have placed on the market.
Amendment 171 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
(4) Distributors who consider or have reason to believe that a subsystem or a safety component which they have made available on the market is not in conformity with this Regulation shall make sure that the corrective measures necessary to bring that subsystem or safety component into conformity, to withdraw it or recall it, if appropriate, are taken, along with the measures to adequately and effectively warn consumers who are at risk caused by the non-conformity of the product. Furthermore, where the subsystem or the safety component presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the subsystem or the safety component available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
Amendment 177 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Union safeguard procedure 1. Where, on completion of the procedure set out in Article 38b(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators. 2. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant subsystem or safety component is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw that measure. 3. Where the national measure is considered justified and the non- compliance of the subsystem or safety component is attributed to shortcomings in the harmonised standards referred to in point (b) of Article 38b(5) of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
Amendment 178 #
Proposal for a regulation
Article 38 b (new)
Article 38 b (new)
Article 38b Compliant subsystems or safety components which present a risk to health or safety 1. Where, having carried out an evaluation under Article 38b(1), a Member State finds that although a subsystem or safety component is in compliance with this Regulation, it presents a risk to the health or safety of persons, it shall require the relevant economic operator to take all appropriate measures to ensure that the subsystem or safety component concerned, when placed on the market, no longer presents that risk, to withdraw the subsystem or safety component from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe. 2. The economic operator shall ensure that corrective action is taken in respect of all the subsystems or safety components concerned that he has made available on the market throughout the Union. 3. The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the subsystem or safety component concerned, the origin and the supply chain of the subsystem or safety component, the nature of the risk involved and the nature and duration of the national measures taken. 4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not and, where necessary, propose appropriate measures. 5. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.
Amendment 179 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
The penalties provided for shall be effective, proportionate and dissuasive. The penalties shall have regard to the seriousness, the duration and, where applicable, the intentional character of the infringement. In addition, the penalties shall have regard to whether the relevant economic operator has previously committed a similar infringement.
Amendment 180 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
The Member States shall notify those provisions to the Commission by [3 months prior to the date referred to in Article 43(2)] and shall notify it without delay of any subsequent amendment affecting them. The Member States shall inform the Commission of the type and the size of the penalties imposed under this Regulation, identify the actual infringements of the Regulation and indicate the identity of economic operators on whom penalties have been imposed. The Commission shall make that information available to the public without undue delay, electronically and, where appropriate, by other means.