32 Amendments of Lucy ANDERSON related to 2017/0354(COD)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) The internal market comprises an area without internal frontiers in which the free movement of goods is ensured in accordance with the provisions of the Treaties. Quantitative restrictions on imports and all measures having equivalent effect are prohibited between Member States. That prohibition covers any national measure which is capable of hindering, directly or indirectly, actually or potentially, intra-Union trade in goods. Free movement of goods is ensured in the internal market by harmonisation of rules at Union level setting common requirements for the marketing of certain goods or, for goods or aspects of goods not covered by Union harmonisation rules, by the application of the principle of mutual recognition as defined by the Court of Justice of the European Union1a. _________________ 1a This principle originated in its judgment of 20 February 1979, Rewe- Zentral, aff. 120/78 and it is now fully recognised (e.g., CJEU, 10.02.2009, Commission v/ Italy, aff. C-110/09, paragraph 34).
Amendment 58 #
Proposal for a regulation
Recital 13
Recital 13
(13) Decisions of nNational courts orand tribunals, as the ordinary judges of the European law, are bound by it. Their decisions assessing the legality of cases in which, on account of the application of a national technical rule, goods lawfully marketed in one Member State are not granted access to the market of another Member State, and decisions of national courts or tribunals applying penalties, should bare excluded from the scope of this Regulation.
Amendment 69 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is important to ensure that the mutual recognition declaration is filled in truthfully and accurately. It is therefore necessary to provide for economic operators to be responsible for the information contained in the declaration. Fraudulent declarations should be prosecuted in accordance with national laws.
Amendment 73 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) A well-functioning principle of mutual recognition is an essential complement to harmonisation at EU level, especially when taking into consideration that many products have both harmonised and non-harmonised aspects following that a considerable number of products with non-harmonised aspects exist in the internal market.
Amendment 76 #
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. The use of the declaration does not prevent national authorities from taking a decision restricting the access to market in accordance with European law.
Amendment 82 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) It is necessary to ensure the correct enforcement of the Directive (EU) 2015/1535 which does not preclude the application of the principle of mutual recognition in individual cases to specific goods. This Regulation should lay down procedures for the application of the mutual recognition principle in individual cases by, for example, requiring Member States to indicate the notified national technical rules on which the administrative decision is based. This requirement does not, however, oblige Member States to justify the national technical rule itself, but rather the application of that national technical rule with respect to a product lawfully marketed in another Member State.
Amendment 89 #
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 should 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 should also acceptalso have to take into due consideration test reports and certificates issued by other conformity assessment bodies in accordance with Union law. Competent authorities should be required to take due account of the content of the test reports or certificates presented. _________________ 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 103 #
Proposal for a regulation
Recital 38
Recital 38
(38) Cooperation between competent authorities is essential for the smooth functioning of the mutual recognition principle and for creating a mutual recognition culture. Product Contact Points and national competent authorities should therefore be required to cooperate and exchange information and expertise in order to ensure a correct and consistent application of the principle and of this Regulation. The Union should finance activities aiming at enhancing this cooperation between competent authorities such as trainings and exchanges of good practices.
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. This Regulation is without prejudice to the Directive2015/1535 and the obligation to notify draft national technical regulations to the Commission and the Member States prior to their adoption.
Amendment 123 #
Proposal for a regulation
Article 4 – title
Article 4 – title
4 Mutual recognition declaraLawful marketing declaration regarding mutual recognition
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The producer of goods, or goods of a given type, that are being or are to be made available on the domestic market in a Member State ('the Member State of destination') may draw up a declaration (a 'lawful marketing declaration regarding mutual recognition declaration') in order to demonstrate to the competent authorities of the Member State of destination that the goods, or goods of that type, are lawfully marketed in another Member State.
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Within the lawful marketing declaration regarding mutual recognition declaration, the specific information related to the marketing of the goods or type of goods may, however, be filled in by any economic operator.
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The lawful marketing declaration regarding mutual recognition declaration shall follow the structure and contain the information specified in the Annex.
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
The lawful marketing declaration regarding mutual recognition declaration shall follow the structure and contain the information specified in the Annex.
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Economic operators shall be responsible for the content and accuracy of the information that they themselves provide in the mutual recognition declarationlawful marketing declaration regarding mutual recognition. Fraudulent declarations shall be prosecuted in accordance with national laws.
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The lawful marketing declaration regarding mutual recognition declaration may be supplied to the competent authority of the Member State of destination for the purposes of an assessment to be carried out under Article 5. It may be supplied either in paper form or by electronic means.
Amendment 150 #
Proposal for a regulation
Article 4 – paragraph 7 – introductory part
Article 4 – paragraph 7 – introductory part
7. If a lawful marketing declaration regarding mutual recognition declaration is supplied to a competent authority of the Member State of destination in accordance with the requirements of this Article, then for the purposes of any assessment of the goods under Article 5:
Amendment 151 #
Proposal for a regulation
Article 4 – paragraph 7 – point a
Article 4 – paragraph 7 – point a
(a) the declaration, together with any evidence reasonably required by the competent authority to verify the information contained in it and the characteristics of the goods or type of goods, shall be accepted by the competent authority as sufficient to demonstrate that the goods are lawfully marketed in another Member State; and
Amendment 153 #
Proposal for a regulation
Article 4 – paragraph 7 – point a
Article 4 – paragraph 7 – point a
(a) the declaration, together with any evidence reasonablythe necessary evidence required by the competent authority to verify the information contained in it, shall be accepted by the competent authority as sufficient to demonstrate that the goods are lawfully marketed in another Member State; and
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 8 – introductory part
Article 4 – paragraph 8 – introductory part
8. If a lawful marketing declaration regarding mutual recognition declaration is not supplied to a competent authority of the Member State of destination in accordance with the requirements of this Article, the competent authority may request any of the economic operators to provide the following documentation and information in order to demonstrate for the purposes of an assessment under Article 5 that the goods are lawfully marketed in another Member State:
Amendment 174 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Where the goods for which the lawful marketing declaration regarding mutual recognition declaration is being supplied are also subject to a Union act requiring an EU declaration of conformity, the mutual recognition declaration may be included as part ofattached to thate EU declaration of conformity.
Amendment 175 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where a competent authority of a Member State has doubts as regards goods which the economic operator claims are lawfully marketed in another Member State, the competent authority shall contact the relevant economic operator without delay and shall carry out an assessment the goods. The purpose of the assessment is to establish whether the goods or that type of goods are lawfully marketed in another Member State and, if so, whether the goods or that type of goods ensure at least an equivalent level of protection of the public interest covered by applicable national technical regulation of the Member State of destination.
Amendment 192 #
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Article applies if an economic operator affected by an administrative decision has submitted the decision to the Internal Market Problem Solving Network (SOLVIT) and, during the SOLVIT procedure, the Home Centre asks the Commission to give an opinion to assist in solving the case. SOLVIT home and lead centres as well as the economic operator shall provide the Commission with all relevant documents relative to the decision at stake.
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Following completion of its assessment within a reasonable time-limit, the Commission may issue an opinion identifying concerns that should, in its view, be addressed in the SOLVIT case and, where appropriate, making recommendations to assist in solving the case.
Amendment 239 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where necessary to complement the information provided online under paragraph 2, Product Contact Points shall provide, at the request of an economic operator or a competent authority of another Member State, any useful information, such as an electronic copy of or an electronic link to the national technical rules, information on relevant national or European Standards applicable to specific goods or a specific type of goods in the territory in which the Product Contact Point is established and information as whether that the goods or goods of that type are subject to a requirement for prior authorisation under national law.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Product Contact Points shall respond within 1530 working days of receiving any request under paragraph 3.
Amendment 243 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. 1. The Commission shall provide for and ensure efficient cooperation and exchange of information between the competent authorities and the Product Contact Points of the various Member Statesas well as with the European Standardisation Organisations as recognised by Regulation 1025/2012.
Amendment 244 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall provide for and ensure efficient cooperation and exchange of information between the competent authorities and the Product Contact Points of the various Member States. as well as with the national standardization bodies1a of the various Member States. _________________ 1a As per Regulation 1025/2012.
Amendment 246 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 254 #
Proposal for a regulation
Article 12 – paragraph 1 – point c a (new)
Article 12 – paragraph 1 – point c a (new)
(ca) exchange of good practices ;
Amendment 259 #
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
3. Description of the goods or type of goods subject of the declaration and their characteristics: [Note: the description should be sufficient to enable the goods to be identified for traceability reasons. It may be accompanied by a photograph, where appropriate]