13 Amendments of Jordi CAÑAS related to 2021/0170(COD)
Amendment 212 #
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. Online marketplaces may also enable the sale of products on the EU market for which no EU manufacturer, no importer or no other party based in the EU takes responsibility for the safety. For products sold by third-party sellers based outside the Union, through online intermediary service providers (such as online marketplaces), the online intermediaries enable targeting EU consumers.
Amendment 247 #
Proposal for a regulation
Recital 51
Recital 51
(51) Member States should notify in the Safety Gate both compulsory and voluntary corrective measures that prevent, restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers or, in case of products covered by Regulation (EU) No 2019/1020, also to other relevant public interests of the end- users. The responsible person should be informed prior to their product is notified in the Safety Gate to be able to take action expeditiously, to be able to provide additional information and to have the opportunity to present evidence in case they deem the notification unjustified. This can also happen at the moment of notification in case of urgency.
Amendment 410 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified. When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of marketed products.
Amendment 471 #
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 are informed. When deemed appropriate with regard to the risks presented by the product, importers shall, to protect the health and safety of consumers and other end-users, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls, and shall keep other economic operators informed of any such monitoring.
Amendment 553 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer and importer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident that requires medical treatment above first aid caused by a product placed or made available on the market by them is notified, within twofive working days from the moment it knows about the accident, circumstances have been clarified and a causal effect has been established as to the manufacturing and/or design defect, 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 562 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer or importer, which can instruct the importer or one of the distributors to proceed to the notification.
Amendment 564 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. Online marketplaces which have knowledge of an accident caused by a product or a safety related issue caused by a dangerous product made available on the market through their marketplace shall inform the manufacturer or importer, which can instruct the online marketplace to proceed to the notification.
Amendment 565 #
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2 b. For the purpose of paragraphs 1 and 2 it shall be considered that knowledge is obtained through a notification to the contact details indicated by the economic operator.
Amendment 629 #
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
6 a. Online marketplaces shall periodically carry out sample testing to identify possible non-compliance and safety issues of randomly chosen products made available on the market of which they facilitate the transaction.
Amendment 650 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. Member States should inform the responsible person as defined in Article 15 prior to submitting the notification. This may be done simultaneously in case of urgency.
Amendment 652 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Member States may notify in the Safety Gate corrective measures taken by their authorities or by economic operators on the basis of provisions of Union harmonisation legislation and Regulation (EU) 2019/1020 in relation to products presenting a less than serious risk. Member States should inform the responsible person as defined in Article 15 prior to submitting the notification.
Amendment 655 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. On receiving a notification, the Commission shall check whether it complies with this Article and with the requirements related to the operation of Safety Gate defined by the Commission on the basis of paragraph 7, and shall transmit it to the other Member States if the requirements are complied with. The Commission should ensure that responsible person as identified in Article 15 has the opportunity to provide additional information prior to the finalisation of the check. In case of urgency, the Commission may tentatively approve a notification and transmit it to the other Member States. In these cases, the notification will be reviewed and can be withdrawn or updated based on input submitted by the responsible person.
Amendment 660 #
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), and 11(4) and market surveillance authorities with the information referred to in Article 19.