7 Amendments of Evelyne GEBHARDT related to 2017/0354(COD)
Amendment 44 #
(3) The principle of mutual recognition derives from the case-law of the Court of Justice of the European Union. According to this principle, Member States may not prohibit the sale on their territory of goods which are lawfully marketed in another Member State, even where the goods have been produced or manufactured in accordance with different technical rules. But the principle is not absolute. Member States can oppose the marketing of goods lawfully marketed elsewhere, when such restrictions are justified on the grounds set out in Article 36 of the Treaty or on the basis of other overriding reasons of public interest, and which in either case are proportionate to the aim pursued. This regulation imposes the obligation to clearly justify why market access is refused.
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 83 #
Proposal for a regulation
Recital 24
Recital 24
(24) As decisions denying or restricting market access for goods already lawfully marketed in another Member State should be an exception to the fundamental principle of free movement of goods, ithat, if applicable, needs to be motivated. It is appropriate to establish a clear procedure setting designed to ensure that such decisions observe the existing obligations deriving from the mutual recognition principle. Such procedure ensures that decisions taken are proportionate and respect the mutual recognition principle and this Regulation.
Amendment 104 #
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. Authorities in the home Member State shall cooperate with their counterparts in another Member State, and agree on a solution together.
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 157 #
Proposal for a regulation
Article 4 – paragraph 7 – point b a (new)
Article 4 – paragraph 7 – point b a (new)
(ba) if after an evaluation of the mutual recognition declaration the competent authority decides to deny market access this needs to be fully motivated.
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.