37 Amendments of Daniel BUDA related to 2021/0170(COD)
Amendment 123 #
Proposal for a regulation
Recital 4
Recital 4
(4) The aim of this instrument, based on Article 114 of the Treaty on the Functioning of the European Union, is to contribute to the attainment of the objectives referred to in Article 169 of the Treaty. In particular, it should aim at ensuring the health and safety of consumers and, providing a high level of consumer protection, including by promoting consumers’ right to information, and improving the functioning of the internal market as regards products intended for consumers.
Amendment 124 #
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
(4a) This Regulation redresses the balance between ensuring a high level of consumer protection, on the one hand, and improving the functioning of the internal market, on the other, in a climate of competitiveness and fair competition, without imposing administrative and financial burdens on European businesses.
Amendment 125 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should aim at protecting consumers, as well as their health and their safety, as one of the fundamental principles of the EU legal framework, also enshrined in the EU Charter of fundamental rights. Dangerous non-food products can have very negative consequences on consumers and citizens. All consumers, includingparticularly the most vulnerable, such as children, older persons or persons with disabilities, have the right to safe products. Consumers should have at their disposal sufficient means to enforce such rights, and Member States adequate instruments and harmonised measures at their disposal to enforce this Regulation.
Amendment 128 #
Proposal for a regulation
Recital 6
Recital 6
(6) Despite the development of sector- specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a legislative framework of a horizontal and harmonised nature to fill the gaps and ensurelimitations of the existing legislation and the specific legislation under review so as to ensure a high level of consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by the other provisions of Article 114 and Article 169 of the Treaty.
Amendment 136 #
Proposal for a regulation
Recital 12
Recital 12
(12) Products which are designed exclusively for professional use but which have subsequently migrated to the consumer marketbeen sold later on the consumer market, thereby entering supply chains via commercial trade, should be subject to this Regulation because they could pose risks to the health and safety of consumers when used under reasonably foreseeable conditions.
Amendment 140 #
Proposal for a regulation
Recital 19
Recital 19
(19) Items which connect to other items or non-embedded items which influence the way another item works can present a risk for the safety of the product. That aspect should be taken into due consideration as a potential risk. The connections and interrelation that an item might have with external items should not jeopardise its safety or that of consumers.
Amendment 148 #
Proposal for a regulation
Recital 23
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notablyincluding their characteristics and presentation, their effect on other products, 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. 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. Nevertheless, the feasibility of obtaining higher safety levels or the availability of other products presenting a lesser degree of risk should not constitute grounds for considering a product to be ‘dangerous’.
Amendment 150 #
Proposal for a regulation
Recital 24
Recital 24
(24) Economic operators should have proportionate obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers, while also ensuring efficient functioning of the internal market. All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process, without creating further unnecessary administrative and financial burdens.
Amendment 160 #
Proposal for a regulation
Recital 26
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system and the proper functioning of the internal market.
Amendment 161 #
Proposal for a regulation
Recital 27
Recital 27
(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents, including unsafe products. That Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation. _________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (‘Directive on electronic commerce’) - OJ L 178, 17.7.2000, p. 1. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 169 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 186 #
Proposal for a regulation
Recital 40
Recital 40
(40) Where economic operators or market surveillance authorities face a choice of various corrective measures, the most sustainable action resulting in the lowest environmental impact, such as the repair of the product, should be preferred, provided that it does not result in a lesser level of safety or affect certain consumer interests and rights, and does not pose significant difficulties to the economic operator.
Amendment 191 #
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 effectiv, where applicable, to take effective and proportionate corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products that pose imminent risks. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.
Amendment 193 #
Proposal for a regulation
Recital 45
Recital 45
(45) The legal framework for market surveillance of products covered by Union harmonisation legislation and set out in Regulation (EU) 2019/1020 and the legal framework for market surveillance of products covered by this Regulation should be as coherent as possiblefully harmonised. It is therefore necessary, as far as market surveillance activities, obligations, powers, measures, and cooperation among market surveillance authorities are concerned, to close the gap between the two sets of provisions. For that purpose Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 should be applicable also to products covered by this Regulation.
Amendment 201 #
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. Such measures should be adapmust be proportionated 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, proportionate interim measures.
Amendment 206 #
Proposal for a regulation
Recital 60
Recital 60
(60) The public interface of the Safety Gate, the Safety Gate portal, allows the general public, including consumers, economic operators and online marketplaces, to be informed about corrective measures taken against dangerous products present on the Union market. A separate section of the Safety Gate portal enables consumers to inform the Commission, in a researched and documented manner, of products presenting a risk to consumer health and safety found in the market. Where relevant, the Commission should provide adequate follow-up, notably by transmitting such information to the concerned national authorities.
Amendment 208 #
Proposal for a regulation
Recital 61
Recital 61
(61) In 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 212 #
Proposal for a regulation
Recital 62
Recital 62
(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use anythe customer data already at their disposal that is necessary to inform consumers of recalls and safety warnings. In this respect, economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number.
Amendment 215 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or online marketplace and to the type and gravity of the injury suffered by the consumer. Furthermore an homogeneous yet proportionate level of penalties is important to ensure a level playing field, avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.
Amendment 216 #
Proposal for a regulation
Recital 73
Recital 73
(73) In order to facilitate the more consistent application of penalties, common non-exhaustive and indicative criteria for the application of the types of penalties should be included. Those criteria should include the duration or temporal effects of the infringement, as well as its nature and gravity, in particular the level of risk incurred by the consumer. Repeated infringement by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and, accordingly, of the need to increase the level of the types of penalty to achieve effective deterrence. The financial benefits gained, or losses avoided, because of the infringement should be taken into account, if the relevant data are available. Other aggravating or mitigating factors applicable to the circumstances of the case should also be taken into account.
Amendment 217 #
Proposal for a regulation
Recital 74
Recital 74
(74) In order to ensure more consistency, a list of those types of infringements that shouldmay be subject to penalties should be included. These should be based on internal market assessments, and seek to strike a balance between the protection of consumers, on the one hand, and the commercial activities of economic operators, on the other.
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. This Regulation is in line with the provisions of Regulations (EU) 2016/679 and (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data.
Amendment 233 #
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, based on the following considerations: (i) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, for installation and maintenance; (ii) the effect on other products, where it is reasonably foreseeable that it will be used with other products; (iii) the presentation of the product, the labelling, any warnings and instructions for its use and disposal, and any other indication or information regarding the product; (iv) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people and persons with disabilities. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product to be ‘dangerous’;
Amendment 290 #
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 easily file complaints and to inform them of any accident or safety issue they have experienced with the product.
Amendment 301 #
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 and shall continuously update it, as needed. The technical documentation shall contain, as appropriate:
Amendment 313 #
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, and inform the market surveillance authorities in the Member States where the product was sold to consumers, as appropriate.
Amendment 326 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities and consumers are informed.
Amendment 333 #
Proposal for a regulation
Article 10 – paragraph 6 – point 1
Article 10 – paragraph 6 – point 1
Importers shall ensure that the communication channels referred to in Article 8(2), second subparagraph, are available to consumers allowing them to present complaints and communicate any accident or safety issue they have experienced with the product. If such channels are not available the importer shall provide for them without delay.
Amendment 337 #
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 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 without delay. 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 354 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Economic operators shall ensure that the corrective measure undertaken is proportionate as well as effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.
Amendment 364 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall put in place procedures for providing economic operators, within a reasonable time frame, at their request and free of charge, with information with respect to the implementation of this Regulation that is accessible, easily understood, clear, intelligible and unambiguous.
Amendment 455 #
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 and proportionate 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 458 #
(c) the risk can be eliminated effectively only by adopting appropriate and proportionate measures applicable at Union level, in order to ensure a consistent and high level of protection of the health and safety of consumers and the proper functioning of the internal market.
Amendment 466 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. A market surveillance authority may use any information resulting from the activities carried out as part of any investigation regarding the safety of products that it undertakes, with the exception of professional secrecy or confidential manufacturer information.
Amendment 471 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Protection of professional secrecy is key. Nevertheless, in exceptional and justified cases, it shall not prevent the dissemination to the competent authorities of Member States of information relevant for ensuring the effectiveness of market monitoring and surveillance activities. The authorities, which in exceptional and justified cases must receivinge information covered by professional secrecy, shall ensure its protection.
Amendment 478 #
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 make use of this necessary information for recalls and safety warnings.
Amendment 498 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objectives of enhancing the protection of consumers against dangerous products and improving the functioning of the internal market, while taking into account its impact on businesses and in particular on small and medium-sized enterprises.