Activities of Anne-Sophie PELLETIER related to 2022/0279(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009 and (EU) No 305/2011 as regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency
Amendments (20)
Amendment 49 #
Proposal for a regulation
Recital 11
Recital 11
(11) Furthermore, in cases where the disruptions might affect the conformity assessment bodies or in cases where the testing capacities for such crisis-relevant products would not be sufficient, it is appropriate to provide for the possibility for the national competent authorities to exceptionally and temporarily authorise the placing on the market of products, which have not undergone the usual conformity assessment procedures required by the respective EU sectoral legislation, provided that this derogatory and exceptional procedure does not affect in any way the health, safety and security of consumers, that it is implemented in full compliance with the relevant European product safety and consumer legislation, and following due consultation of expert groups and relevant stakeholders.
Amendment 51 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Where relevant, national competent authorities should duly consult with the social partners before authorising exceptionally and temporarily the placing on the market of products which have not undergone the conformity assessment procedures required by the respective EU sectoral legislation.
Amendment 52 #
Proposal for a regulation
Recital 12
Recital 12
(12) As regards products falling within the scope of those Regulations that have been designated as crisis-relevant goods, the national competent authorities should be able, in the context of an ongoing Single Market emergency, to derogate from the obligation to carry out those conformity assessment procedures laid down in those Regulations, in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products, provided that they comply with all the applicable essential safety requirements and that security and safety of consumers and end- users are fully assured. Compliance with those substantive requirements may be demonstrated by various means, which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. The specific procedures, which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority.
Amendment 55 #
Proposal for a regulation
Recital 15
Recital 15
(15) With respect to Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426 and, (EU) 2019/1009, the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of Regulation (EU) No 1025/201246ensuring an equivalent level of protection to that offered by the harmonised European standards comply with the relevant essential health and safety requirements. In these cases, the standards used by manufacturers should be assessed by the national authorities, in consultation with relevant stakeholders, to ensure that they effectively provide for the equivalent level of safety and protection required by the applicable legislation. _________________ 46 OJ L 316, 14.11.2012, p. 12.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
2016/424
Article 43e
Article 43e
4. By way of derogation from Article 43a(3), first subparagraph, unless there is sufficient reason to believe that the subsystems or safety components covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the subsystems or safety components in compliance with the said common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to subsystems or safety components covered by the common specifications if there is any risk on consumers health, safety and security.
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
2016/424
Article 43f
Article 43f
3. By way of derogation from Article 43a(3), first subparagraph, unless there is sufficient reason to believe that the subsystems or safety components covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the subsystems or safety components in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to subsystems or safety components covered by the common specifications if there is any risk on consumers health, safety and security.
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
2016/425
article 41c
article 41c
1 a. Considering the impact PPE can have on health and safety, before granting the authorisation, the competent national authority shall duly consult with the social partners.
Amendment 100 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
2016/425
article 41c
article 41c
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
2016/425
article 41 e
article 41 e
4. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the PPE covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the PPE in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to PPE covered by the common specifications if there is any risk on persons health, safety and security.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
2016/425
article 41f
article 41f
3. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the PPE covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the PPE in compliance with those common specifications which has been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to PPE covered by the common specifications if there is any risk on persons health, safety and security.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
2016/426
article 40c
article 40c
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
2016/426
article 40e
article 40e
4. By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the appliances or fittings covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the appliances or fittings in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to appliances or fittings covered by the common specifications if there is any risk on persons health, safety and security.
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
2016/426
article 40f
article 40f
3. By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the appliances or fittings covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the appliances or fittings in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to appliances or fittings covered by the common specifications if there is any risk on persons health, safety and security.
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
2019/1009
article 41c
article 41c
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
2019/1009
article 41d
article 41d
4. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the fertilising products covered by the common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the fertilising products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to fertilising products covered by the common specifications if there is any risk on persons health, safety and security.
Amendment 151 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
2019/1009
article 41f
article 41f
3. By way of derogation from Article 41a(3), first subparagraph, unless there is sufficient reason to believe that the EU fertilising products covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the fertilising products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to fertilising products covered by the common specifications if there is any risk on persons health, safety and security.
Amendment 155 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
305/2011
article 59c
article 59c
1 a. Considering the impact construction products can have on health and safety, before granting the authorisation, the competent national authority shall duly consult with the social partners.
Amendment 157 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
305/2011
article 59c
article 59c
Amendment 161 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
305/2011
article 59d
article 59d
4. By way of derogation from Article 59a(3), first subparagraph, declaration of performance in compliance with the common specifications referred to in paragraph 1 of this Article regarding construction products which have been placed on the market shall not be affected by the subsequent expiry or repeal of the implementing act, which has laid down those common specifications, unless there is sufficient reason to believe that. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to construction products covered by those common specifications present a risk or do not achieve the declared performanceif there is any risk on persons health, safety and security.
Amendment 168 #
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
305/2011
article 59e
article 59e
3. By way of derogation from Article 59a(3), first subparagraph, unless there is sufficient reason to believe that the construction products covered by the mandatory common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the construction products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this Regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this Article and after the expiry or deactivation of the Single Market Emergency mode in accordance with [the SMEI Regulation]. This paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. Therefore, this derogation shall not apply to construction products covered by the common specifications if there is any risk on persons health, safety and security.