Activities of Sergey LAGODINSKY related to 2021/0170(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council
Legal basis opinions (0)
Amendments (85)
Amendment 133 #
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers but also, where relevant, in a risk to the health and safety of the public. _________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 138 #
Proposal for a regulation
Recital 13
Recital 13
(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation with the excep. The regulation of materials and articles intended to come into contact with food insofar as risks covered by the present Regulation where aspects are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks. _________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).
Amendment 141 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 143 #
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics. Where software updates may substantially modify the original product, a new risk assessment should be conducted.
Amendment 146 #
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. Therefore, these aspects need to be included in manufacturer’s and market surveillance authorities’ risk assessments where this is relevant, notably in view of assessing the evolution of immaterial harm related to connected products.
Amendment 153 #
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. For this reason, they must be given greater responsibility for the safety of products and consumers, including cases where other economic actors in the supply chain do not act. Online marketplaces are services that enable or facilitate economic operators to make their products available to consumers. Online marketplaces should for the purpose of the safety of products that are made available on the market be held liable in accordance with the provisions laid down in the Digital Services Act. Online marketplaces offer economic operators the placement of advertisements, offer comparison, advisory or reputational services without which consumers would not have access to such products, services or traders.
Amendment 164 #
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, but also its flaws. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field.
Amendment 173 #
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, be required to comply with specific obligations to effectively prevent the sale of unsafe products. This includes an obligation to 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 177 #
Proposal for a regulation
Recital 35
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particularensure cooperation with consumer organisations and associations representing consumers’ interest, upon their request, as trusted flaggers, provided that the conditions set out in that article have been m on product safety.
Amendment 183 #
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products as well as against advertisement and promotions for unsafe products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders and of products, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 187 #
Proposal for a regulation
Recital 40
Recital 40
(40) Where economic operators or market surveillance authorities face a choice of various corrective measures, the most sustainable action resulting in the lowest environmental impact, such as the repair of the product, should be preferred, provided that it does not result in a lesser level of safety or harm other consumers’ rights and interests.
Amendment 200 #
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 accessible for persons with disabilities.
Amendment 209 #
Proposal for a regulation
Recital 61
Recital 61
(61) IPublic access to the information available to the authorities on product safety should be ensured. When making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.
Amendment 214 #
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) Directive 2020/1828/EU on Representative Actions for the Protection of the Collective Interests of Consumers underlines that globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice and that infringements of Union law can cause consumer detriment. Without effective means to bring unlawful practices to an end and to obtain redress for consumers, consumer confidence in the internal market is reduced. As consumers’ interests are heavily affected by unsafe products which are circulating in the internal market it is justified to include the GPSR to annex I of Directive 2020/1828/EC.
Amendment 218 #
Proposal for a regulation
Recital 80
Recital 80
(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 and, (EU) 2018/1725 and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.
Amendment 219 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Subject matter and objectives
Amendment 221 #
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 and posing a threat to consumers’ health and safety or other relevant public interests.
Amendment 223 #
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 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 shall be considered;
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, 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; When a product contains embedded software, the latter shall be considered as an integrated part of the product, within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, while taking due account of the different levels of obligations of businesses on the one hand, and of the free software community on the other hand;
Amendment 235 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers, and in compliance with the precautionary principle;
Amendment 252 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safetyif it conforms to the requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements as regards the risks covered by health and safety, such national standards being established in accordance with European law.
Amendment 253 #
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 and are in compliance with 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 261 #
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 and chemical components, packaging, instructions for assembly and, where applicable, for installation, use and maintenance;
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the effect on other products and on its users, where it is reasonably foreseeable that it will be used with other products, including the options of interconnection ofamong products, among thems well as the possible loss of interconnection;
Amendment 263 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) The security features of a product containing embedded software, including connection and disconnection issues, as well as the reliability of data;
Amendment 271 #
Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
Article 7 – paragraph 1 – point i a (new)
(ia) the physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the product might present to the health and safety of consumers;
Amendment 275 #
Proposal for a regulation
Article 7 – paragraph 1 – point i b (new)
Article 7 – paragraph 1 – point i b (new)
(ib) the environmental risk posed by a product inasmuch it is likely to result in a risk to the health and safety of consumers;
Amendment 276 #
Proposal for a regulation
Article 7 – paragraph 1 – point i c (new)
Article 7 – paragraph 1 – point i c (new)
(ic) the chemical risks the product might present to the health and safety of consumers, including cumulative and low-dose effects resulting from exposure to chemicals present in the product and from other products;
Amendment 278 #
Proposal for a regulation
Article 7 – paragraph 1 – point i d (new)
Article 7 – paragraph 1 – point i d (new)
(id) The mental health risk posed by connected products, including its accumulative and long-term health effects;
Amendment 280 #
Proposal for a regulation
Article 7 – paragraph 3 – point j a (new)
Article 7 – paragraph 3 – point j a (new)
(ja) if the product, categories or groups of products have caused injuries notified in the Safety Gate for Accidents as established in Article 25(1) of this Regulation;
Amendment 283 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When placing their products on the market, manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in Article 5, in view of the long-term safety of the products over their entire lifespan.
Amendment 289 #
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 and to inform them of any accident or safety issue they have experienced with the product.
Amendment 296 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers, or where applicable their authorised representatives, shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.
Amendment 297 #
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 placing it on the market or putting it into service, and ensure that the documentation is kept up to date and is made easily accessible to users. The technical documentation shall contain, as appropriate:
Amendment 304 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation, for a period of at least ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request. For a product whose lifespan is longer than ten years this period shall be extended to cover the lifetime of the product.
Amendment 311 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9a. Manufacturers shall ensure the continued safe functioning of connected products over their entire lifetime, notably via the regular risk assessment over the need to update their software components.
Amendment 314 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Manufacturers 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 take the corrective measures necessary to bring the product into conformity, including by adequately and effectively warning end users who are at risk caused by the non- conformity of the product, a withdrawal or recall, as appropriate.
Amendment 316 #
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 thea dangerous 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. Manufacturers shall immediately alert consumers of the risk to their health and safety presented by a product they manufacture. In accordance with Article 33, consumers shall be alerted immediately through clear and targeted information at least in the official languages of their country of residence, including but not exclusively using digital means.
Amendment 318 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. AWhere a manufacturer mayis established outside of the European Union, it shall, by a written mandate, appoint an authorised representative.
Amendment 323 #
(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer and notify the product via the Safety Business Gateway;
Amendment 332 #
6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the register referred to in Article 8(2), first subparagraph, orand in their own register. Importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation.
Amendment 336 #
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 thatimmediately alert the 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. Importers shall immediately alert consumers of the risk to their health and safety presented by a product they made available. In accordance with Article33, consumers shall be alerted immediately through clear and targeted information at least in the official languages of their country of residence, including but not exclusively using digital means.
Amendment 338 #
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. Importers shall keep the technical documentation referred to in Article 8(4) for a period ofat least 10 years after they have placed the product on the market and make it available to the market surveillance authorities, upon request. For a product whose lifespan is longer than ten years, this period shall be extended to cover the lifetime of the product.
Amendment 346 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Where a product has been substantially modified in the meaning of this Article, that product shall be submitted to a new risk assessment pursuant to Articles 5, 6 and 7 of this Regulation.
Amendment 349 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5. These internal processes shall be subject of independent audit reports, which shall be made publicly available by the economic operators.
Amendment 350 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Economic operators shall cooperate with market surveillance authorities , and where relevant with other authorities, regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.
Amendment 366 #
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 Gate for Accidents 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 or require independent third-party conformity assessment.
Amendment 381 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure thatnotify, 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 working day, within 24 hours 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 384 #
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, which can instruct the importer or one of the distributors to proceed to the notificationnotify this information to the Safety Business Gateway within 24 hours and inform the manufacturer thereof.
Amendment 385 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Online market places 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 notify this within 24 hours to the Safety Business Gateway and inform the manufacturer thereof.
Amendment 388 #
Proposal for a regulation
Article 20 – paragraph -1 (new)
Article 20 – paragraph -1 (new)
-1. Online marketplaces shall ensure the identification of professional traders and take the measures necessary to enable the identification of non professional traders, according to the provisions on the traceability of traders laid down in the Digital Services Act, as well as the traceability of the products offered to consumers via their online interfaces.
Amendment 389 #
Proposal for a regulation
Article 20 – paragraph -1 a (new)
Article 20 – paragraph -1 a (new)
-1a. The obligations of online marketplaces related to product safety shall be determined according to the provisions of the Digital Services Act on the liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 390 #
Proposal for a regulation
Article 20 – paragraph -1 b (new)
Article 20 – paragraph -1 b (new)
-1b. The information listed under paragraph 2 of this Article shall be displayed alongside the digital product listing in a clear, intelligible and unambiguous language and in a way that is easily accessible and understandable for all consumers.
Amendment 391 #
Proposal for a regulation
Article 20 – paragraph -1 c (new)
Article 20 – paragraph -1 c (new)
-1c. Online marketplaces shall ensure that the information listed in paragraph 5 provided by the trader is accurate before products are allowed to be offered on the market through their online interfaces.
Amendment 392 #
Proposal for a regulation
Article 20 – paragraph -1 d (new)
Article 20 – paragraph -1 d (new)
-1d. The Online Marketplace shall, upon receiving the information in paragraph 5 and until the end of the contractual relationship with the trader, make reasonable efforts to assess whether the information referred to in points (a) to (d) of paragraph 5 is reliable and up-to- date through the use of any freely accessible official online database or online interface made available by a Member State or the Union or through requests to the business user to provide supporting documents from reliable sources.
Amendment 393 #
-1e. Online marketplaces shall periodically carry out visual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews and potential risks and harms towards consumers.
Amendment 394 #
Proposal for a regulation
Article 20 – paragraph -1 f (new)
Article 20 – paragraph -1 f (new)
-1f. Where the online marketplace obtains undoubtful indications that information under paragraph 3 is inaccurate or incorrect, it shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete in 24 hours in order to allow the offering of the product on its interface in accordance with the present Regulation. If the information is not corrected in 24 hours, the online marketplace should coordinate without delay with the Member State competent authorities, to the relevant Digital Services Coordinator and to the European Commission through the Business Safety Gateway, to assess about the impact on the safety of the product. The online marketplace shall then decide to temporarily remove the product from its online platform and/or to disable the access of the trader to its online platform.
Amendment 395 #
Proposal for a regulation
Article 20 – paragraph -1 g (new)
Article 20 – paragraph -1 g (new)
-1g. Online marketplaces shall report dangerous products to Business Safety Gateway and to the relevant Digital Services Coordinator. The application of this paragraph shall not oblige online marketplaces to use automated tools for content moderation, and shall not lead to any general monitoring obligation, and shall be subject to human review.
Amendment 397 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Online marketplaces shall establish a single contact point allowing forfor the purpose of ensuring a swift and direct communication with all competent Member States’ authorities, including market surveillance and customs authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.
Amendment 413 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working day24 hours in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 420 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working day48 hours, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 423 #
Proposal for a regulation
Article 20 – paragraph 5 – introductory part
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders tousing their service to comply with this Regulation. Online marketplaces shall ensure that the traders provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
Amendment 424 #
Proposal for a regulation
Article 20 – paragraph 5 – point a
Article 20 – paragraph 5 – point a
(a) name, registered trade name and/or registered trade mark of the manufacturer, as well as the postal or electronic address at which they manufacturer and the traders can be contacted;
Amendment 439 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall communicate to the Commission, once a year, data concerning the implementation of this Regulation. A summary report shall be made available to the public.
Amendment 440 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a States shall ensure that any measure taken by the competent authorities involving restrictions on the placing of a product on the market or requiring its withdrawal or recall can be challenged before the competent courts.
Amendment 451 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 453 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Amendment 456 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) it emerges from prior consultations with the Member States that they differ significantly on the approach adopted or to be adopted to deal with the risk; andor;
Amendment 457 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) the risk cannot be dealt with, in view of the nature of the safety issue posed by the product, category or group of products, in a manner compatible with the degree of gravity or urgency of the case, under other procedures laid down by the specific Union legislation applicable to the products concerned; andor
Amendment 459 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
Those measures may include measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their conformity assessment, going beyond those for self-assessment and marketing, in order to ensure a high level of consumer safety protection.
Amendment 464 #
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 Safety Network.
Amendment 465 #
Proposal for a regulation
Article 28 – paragraph 3 – point b
Article 28 – paragraph 3 – point b
(b) the establishment and execution of joint surveillance and testing projects, such as consideration of European Standards providing presumption of conformity with this Regulation;
Amendment 468 #
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 469 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting risks to consumer health and safety, or information that is considered relevant in order to protect the interests of end users, shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
Amendment 472 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall give consumers, or organisations representing consumers and other interested parties, the opportunity to submit complaints to the competent authorities on product safety and on surveillance and control activities and these complaints shall be followed up as appropriate. The authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and of the decision taken, and shall inform the complainant of the right to an effective judicial remedy provided for in Article 35 a.
Amendment 474 #
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 in an accessible way.
Amendment 475 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Consumers or other interested parties shall have the possibility to inform the Commission of products presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and ensure follow up, where appropriateshall inform consumers or other interested parties of its decision.
Amendment 482 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly, eEconomic operators, 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. Consumer organisations shall also be informed to support the dissemination of the information.
Amendment 483 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist ofIn order to have the goods brought into conformity with this Regulation, the consumer may choose between at least one of the following means of remedy:
Amendment 486 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. The right to remedy laid down in this Article is without prejudice to Directive (EU) 85/374/EEC on Product Liability.
Amendment 487 #
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3a. Where no economic operator offers a remedy to the consumer, the consumer shall be entitled to submit a complaint to the competent authority in accordance with Article 31(4).
Amendment 488 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35a Right to an effective judicial remedy Notwithstanding any administrative or other non-judicial remedies, any affected consumer or organisation representing consumers and other interested parties shall have the right to an effective judicial remedy with regard to the failure of economic operators to comply with their obligations under this Regulation.
Amendment 491 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Amendments to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC:“(X) Regulation of the European Parliament and of the Council on a General Product Safety Regulation”
Amendment 497 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products, in particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate, challenges posed by new technologies and by online marketplaces, while taking into account its impact on businesses and in particular on small and medium-sized enterprises.