8 Amendments of Markus FERBER related to 2013/0048(COD)
Amendment 129 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of safety- or health-related products on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. They shall record these checks in the information and communication system for market surveillance referred to in Article 21.
Amendment 216 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
In relation to a product that is subject to Union harmonisation legislation, formal non-compliance with that legislation shallmay give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases:
Amendment 220 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator toshall rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities shallmay ensure that the product is withdrawn or recalled. For minor infringements, a warning may be issued or a penalty payment imposed.
Amendment 255 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 300 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
In relation to a product which must comply with Union harmonisation legislation when it is released for free circulation, formal non-compliance with that legislation shallmay give the authorities of Member States sufficient reason to believe that the product may present a risk in any of the following cases:
Amendment 307 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. If the market surveillance authorities conclude that a product the release of which was suspended due to formal non- compliance in accordance with the second sub-paragraph of paragraph 3 of Article 14 does not in fact present a risk, the economic operator shall nevertheless rectify the formaly shall take measures, on the basis of the proportionality principle, to bring a criminal prosecution for non-compliance before the product is released.
Amendment 321 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a considerable risk in accordance with this Regulation.