48 Amendments of Stelios KOULOGLOU related to 2021/0170(COD)
Amendment 193 #
Proposal for a regulation
Recital 21
Recital 21
(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. In order to protect consumers against these risks, these aspects should be included in the risk assessment made by manufacturers and market surveillance authorities before a product is placed on the market.
Amendment 202 #
Proposal for a regulation
Recital 24
Recital 24
(24) Economic operators should have 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. 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. It should always be possible to hold an economic operator liable in the EU, even if the product is sold from a third-country seller.
Amendment 208 #
Proposal for a regulation
Recital 25
Recital 25
(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling has grown consistently and steadily, creating new business models and new actors in the market such as the online marketplaces. The increase of online selling has however also led to new challenges regarding product safety and the safety of consumers.
Amendment 217 #
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, liability 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. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 218 #
Proposal for a regulation
Recital 28
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveneshas proven insufficient to effectively protect consumers and cannot ensure a level-playing field.
Amendment 223 #
Proposal for a regulation
Recital 32
Recital 32
(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, ensure to effectively prevent any manifestation of illegal activities on their marketplaces. Effective prevention should be reached by requiring marketplaces to conduct regular random check verifications on trader accounts and the products they offer, including visual inspections and mystery shopping exercises, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 250 #
Proposal for a regulation
Recital 52
Recital 52
(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be easily accessible for persons with disabilities.
Amendment 266 #
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 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. The database and website of the Safety Gate should be easily accessible for persons with disabilities.
Amendment 283 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Subject matter and objective
Amendment 285 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation should ensure that products placed and made available on the single market are safe, and maintain a high level of safety, health and protection for consumers. This Regulation therefore lays down essential rules on the safety of consumer products placed or made available on the market.
Amendment 287 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements, as this could otherwise lead to a threat to consumers' health and safety or other public interests.
Amendment 290 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2 – point a
Article 2 – paragraph 1 – subparagraph 2 – point a
(a) Chapter II shall not apply insofar as the risks or categories of risks are adequately covered by Union harmonisation legislation are concerned;. When assessing if the risks are adequately covered, the aspects for assessing the safety of products outlined in Article 7 must be considered.
Amendment 304 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, including digital products such as apps and softwares, 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 320 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
10. ‘importer’ means any natural or legal person, including online marketplaces, established within the Union who places a product from a third country on the Union market;
Amendment 324 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘economic operator’ means the manufacturer, the authorized representative, the importer, the distributor, the fulfilment service provider, the online marketplaces or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market in accordance with this Regulation;
Amendment 327 #
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 consumers for the sale of products covered by this Regulation;
Amendment 340 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Presumption of safetyconformity with safety requirements
Amendment 349 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall 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 in Article 5, taking into account the aspects for assessing the safety of products of Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 351 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. However, presumption of safetyconformity with the safety requirements under paragraph 1 shall not prevent market surveillance authorities from taking action under this Regulation where there is evidence that, despite such conformity, the product is dangerous.
Amendment 354 #
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 5 does not apply, the following aspects shall be taken into account in particular when assessThe following aspects shall be assessed when determining whether a product is safe:
Amendment 358 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the characteristics of the product, including its design, technical features, composition including chemical substances, packaging, instructions for assembly and, where applicable, for installation, use and maintenance;
Amendment 365 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) The age labelling of products regarding their suitability of legality for children and in general, the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people, refugees and persons with disabilities, particularly exposed to higher risks regarding their health and safety;
Amendment 371 #
Proposal for a regulation
Article 7 – paragraph 1 – point g
Article 7 – paragraph 1 – point g
(g) the fact that although not designed or not intended for use by children, the product is known or likely to be used by children or resembles an obje product commonly recognized as appealing to or intended for use by children, because of its design, packaging and characteristics;
Amendment 375 #
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence might have an impact on the safety of the product and lead to an illegal use of personal data of consumers;
Amendment 380 #
Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
Article 7 – paragraph 1 – point i a (new)
Amendment 399 #
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 orand dedicated section of their website, allowing the consumers to file complaints in an accessible way including for disabled people, and to inform them of any accident or safety issue they have experienced with the product.
Amendment 408 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than fivthree years after they have been encoded.
Amendment 415 #
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 before the product is placed on the market and this information should be updated if needed after the placement on the market. The technical documentation shall contain, as appropriate :
Amendment 439 #
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 informationese instructions shall be clear and accessible including for vulnerable consumers and persons with disabilities.
Amendment 442 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9 a. For digital or connected products likely to impact children, manufacturers shall conduct child risk assessments covering content, contact, conduct and contract risks and ensure their products meet the highest standards of safety, security and privacy by design and default, paying particular attention to the best interests of children.
Amendment 448 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10 a. For connected products, manufacturers shall establish a risk- management system including a complete post-marketing monitoring system and record keeping of the performance of connected products to ensure the continued safe functioning of products over their entire life times.
Amendment 449 #
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 has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. In accordance with article 33, consumers must be alerted immediately through clear and targeted information in their national languages, including but not exclusively using digital means. This information has to be accessible especially for vulnerable consumers including persons with disabilities.
Amendment 486 #
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. 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. In accordance with article 33, consumers must be alerted immediately through clear and targeted information in their national languages, including but not exclusively through the Business Safety Gate. This information has to be easily accessible especially for vulnerable consumers and persons with disabilities.
Amendment 534 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission mayshall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
Amendment 556 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that,notify through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market is notified, within two workingone calendar 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 563 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. When the authorised representative has knowledge of an accident caused by a product from a manufacturer which he/she represents, he/she shall notify this information within one calendar day to the Safety Business Gateway and inform the manufacturer thereof. 4. Online marketplaces which have knowledge of an accident caused by a product which is traded through their marketplace shall notify this within one calendar day to the Safety Business Gateway and inform the manufacturer thereof.
Amendment 566 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 567 #
Proposal for a regulation
Article 19 b (new)
Article 19 b (new)
Article 19 b Pan-European Injury Database 1. A Pan-European Injury Database (IDB), which would cover all types of physical and mental injuries involving consumer products shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database, based on a common methodology, comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the coordination of the collection of data from Member States and the operation of the database.
Amendment 569 #
Proposal for a regulation
Article 20
Article 20
Amendment 663 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall maintain a web portal enabling the economic operators, including online marketplaces, to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.
Amendment 689 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A European network of the authorities of the Member States competent for product safety (‘Consumer Safety Network’) shall be established. Consumer organisations shall be observers to the Network.
Amendment 704 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Unless otherwise agreed upon by the market surveillance authorities concerned, sweeps shall be coordinated by the Commission. The coordinator of the sweep may, where appropriate,shall make the aggregated results publicly available.
Amendment 713 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24. These information are made publicly available in an accessible way, especially for people with disabilities and other vulnerable consumers.
Amendment 724 #
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 notifactively notify and immediately all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings.
Amendment 728 #
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 shall 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 mayshall only be used to contact consumers in case of a recall or safety warning.
Amendment 731 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly, economic operators, including online marketplaces, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities. and vulnerable consumers. Consumer organisations shall also be involved in order to support the dissemination of the information.
Amendment 755 #
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
Amendment 763 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Cooperation of the Consumer Safety Network with other European networks Where relevant, the Consumer Safety Network should cooperate and exchange informations with the Consumer Protection Coordination network (CPC- network), the European Data Protection Board (EDPB) and other European bodies, in particular when it comes to assessing the safety of products or deciding on the remedies to consumers pursuant to Article 35.