13 Amendments of Mihai ŢURCANU related to 2017/0354(COD)
Amendment 41 #
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 allny 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 fully covered by Union harmonisation rules, by the application of the principle of mutual recognition.
Amendment 43 #
Proposal for a regulation
Recital 2
Recital 2
(2) Obstacles to the free movement of goods between Member States may be unlawfully created if, in the absence of Union harmonisation rules covering goods or a certain aspect of goods, a Member State's competent authority applies national rules to goods of that type lawfully marketed in another Member State, requiring the goods to meet certain technical requirements, for example requirements relating to designation, form, size, weight, composition, presentation, labelling or packaging. The application of such rules to goods lawfully marketed in another Member State could be contrary to Articles 34 and 36 of the Treaty even if the rules apply without distinction to all goods.Does not affect the English version.)
Amendment 48 #
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possible. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective. In order to assist Member States in their task of justifying restrictions to the principle of mutual recognition, the Commission may provide guidance on the concept of overriding reasons of public interest and on how to apply the principle of mutual recognition.
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
(11) It is important to clarify that the types of goods covered by this Regulation include agricultural products. The term 'agricultural products' includes products of fisheries, as provided for in Article 38(1) of the Treaty. The Commission may further develop an indicative and non- exhaustive list up to date online in order easily to identify which types of goods are subject to this Regulation.
Amendment 72 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to enhance the efficiency and competitiveness of businesses operating in the non-harmonised area, it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration. Therefore, economic operators shouldmust be able to make their declaration available online.
Amendment 96 #
Proposal for a regulation
Recital 34
Recital 34
(34) However, where the SOLVIT's informal approach fails, and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle the Commission should be empowered to look into the matter and provide an assessment to be taken into account by the competent national authorities at the request of the SOLVIT centre. For the purposes of collecting additional information or documents necessary for completing its assessment, the Commission should inform the relevant SOLVIT centres about its communications with the economic operator or competent authority concerned. The Commission's intervention should be subject to a reasonable time- limit, in compliance with the European Code of Good Administrative Behaviour.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules and procedures concerning the application by Member States of the principle of mutual recognition, in individual cases, in relation to goods lawfully marketed in another Member State and subject to Articles 34 and 36 of the Treaty. The aim of this Regulation is to strengthen the functioning of the internal market by improving the functioning of the mutual recognition principle.
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation applies to goods of any type, including agricultural products, and to administrative decisions taken or to be taken by a competent authority of a Member State ('the Member State of destination') in relation to any such goods lawfully marketed in another Member State, where the decision meets bothe following criteria:
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 3 – point c – point i
Article 2 – paragraph 3 – point c – point i
(i) it lays down the characteristics required of those goods, or goods of that type, such as their levels of quality, performance or safety, or dimensions, including the requirements applicable to the goods or type of goods as regards the name under which they are sold, terminology, symbols, testing and test methods, packaging, marking or labelling, instructions for use and conformity assessment procedures;
Amendment 117 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) 'prior authorisation' means an administrative procedure under the law of a Member State whereby the competent authority of that Member State is required, on the basis of an application by an economic operator, to give its formal approval before goods may be made available on the domestic market in that Member State;Does not affect the English version.)
Amendment 126 #
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 voluntary declaration (a '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 139 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The declaration shall be completed in one of the official languages of the Union and, where that language is not the language required by the Member State of destination, it shall be translated by the economic operators into the language or languages required by the Member State of destination.
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission's opinion shall be communicated to all parties involved in the case as well as to the market surveillance authorities within the meaning of Regulation (EC) No 765/2008 by means of the system referred to in Article 11. The opinion shall be considered during the SOLVIT procedure referred to in paragraph 1.