27 Amendments of Beata MAZUREK related to 2023/0290(COD)
Amendment 97 #
Proposal for a regulation
Recital 14
Recital 14
(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. on top of sectoral regulations. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation and insert the number, date, title and OJ reference of that Regulation in the footnote.
Amendment 135 #
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49 a) Regulation (EU) 2022/2065 of the European Parliament and of the Council lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering toys to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the producer of toys established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling toys are subject to the enforcement rules set out in Regulation (EU) 2022/2065.
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall not impedeprevent, for reasons relating to health and safety or other aspects covered by this Regulation, the making available on the market of toys which comply with this Regulation.
Amendment 187 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 213 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal andor electronic address at which they can be contacted on the toy or, where that is not posfeasible, on its packaging or in a document accompanying the toy. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 244 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy.
Amendment 276 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1 – introductory part
Article 14 – paragraph 2 – subparagraph 1 – introductory part
The Commission may, by means of adopt implementing acts, establishing common specifications forcovering technical requirements that provide a means to comply with the essential health and safety requirements where the following conditions are fulfilled:set out in this Regulation. Those implementing acts shall only be adopted where the following conditions are fulfilled: (a) the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised standard for the essential health and safety requirements set out in this Regulation and: (i) the request has not been accepted; or (ii) the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or (iii) the harmonised standards do not comply with the request; and (b) no reference to harmonised standards covering the relevant essential health and safety requirements set out in this Regulation has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period.
Amendment 277 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1 – point a
Article 14 – paragraph 2 – subparagraph 1 – point a
Amendment 278 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1 – point b
Article 14 – paragraph 2 – subparagraph 1 – point b
Amendment 281 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
By way of derogation from the first subparagraph, in the case of small toys and toys consisting of small parts, the CE marking may be affixed to a leaflet accompanying the toy or a product passport.
Amendment 284 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) correspond to a specific toy model, unless the differences between the models are meaningless for the purpose of ensuring the safety of that toy;
Amendment 295 #
Proposal for a regulation
Article 17 – paragraph 2 – point i a (new)
Article 17 – paragraph 2 – point i a (new)
(i a) be compatible for the purpose of transmiting product information via the Safety Gate Rapid Alert System and Safety Business Gateway outlined in accordance with Articles 25, 26 and 27 provided for in Regulation (EU) 2023/988.
Amendment 300 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 303 #
Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – introductory part
Article 17 – paragraph 10 – subparagraph 1 – introductory part
The Commission shall adopt implementing acts determining theonly the essential, specific and technical requirements related to the product passport for toys. Those requirements shall cover in particular the following:
Amendment 309 #
Proposal for a regulation
Article 17 – paragraph 10 a (new)
Article 17 – paragraph 10 a (new)
10 a. The Commission is obliged to ensure substantial assistance, either directly or through relevant national authorities, to SMEs and micro- enterprises in establishing a product passport for their toys. This support shall encompass the provision of complimentary training sessions, financial allocations for training initiatives, and access to cost-free software solutions. The Commission shall issue comprehensive guidelines and tailored guidance to facilitate the effective setup and operation of the product passport, including the development of an automatic translation tool for the languages specified in paragraph 2(e). These support measures shall be fully operational no later than [OP to insert date = 12 months after the entry into force of this Regulation].
Amendment 384 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 3054 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 42 months after the date of entry into force of this Regulation].
Amendment 391 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Chapter VII of this Regulation shall apply mutatis mutandis instead of Article 42, 43 and 45 of Directive 2009/48/EC to toys which were placed on the market in conformity with that Directive before … [PO insert date: the first day of the month following 3054 months after the date of entry into force of this Regulation], including toys for which a procedure has already been initiated under Article 42 or 43 of Directive 2009/48/EC before … [PO insert date: the first day of the month following 3054 months after the date of entry into force of this Regulation].
Amendment 393 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 4266 months after the date of entry into force of this Regulation], unless they expire before that date.
Amendment 397 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. By … [OP please insert the date = the first day of the month following 6072 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings.
Amendment 398 #
Proposal for a regulation
Article 55 – paragraph 1 a (new)
Article 55 – paragraph 1 a (new)
1 a. The report shall include an assessment on the Regulation’s effect on the safety of toys' users and the proper functioning of the internal market, as well as a detailed summary of positive and negative effects on businesses, including costs of operations and competetivnes, in particular for small and medium-sized enterprises. The report shall include analysis based on quantified data;
Amendment 399 #
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation.
Amendment 401 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
It shall apply from … [OP please insert the date = the first day of the month following 3054 months after the date of entry into force of this Regulation].
Amendment 417 #
Proposal for a regulation
Annex II – Part I – point 9
Annex II – Part I – point 9
9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing, provided that such toys are designed to emit a sound.
Amendment 423 #
Proposal for a regulation
Annex II – Part III – point 7 – point c
Annex II – Part III – point 7 – point c
(c) toy components necessary for electronic or electric functions of the toy where the substance or mixture is fully inaccessible to children, including by inhalation, when the toy is used as specified in the first subparagraph of Article 5(2).
Amendment 425 #
Proposal for a regulation
Annex II – Part IV – point 1 – paragraph 2
Annex II – Part IV – point 1 – paragraph 2
Internal voltages shall not exceed 24 volts DC or the equivalent AC voltage unless it is ensured that the voltage and the current combination generated do not lead to any risk for health and safety or any harmful electric shock, even when the toy is broken.
Amendment 439 #
Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part
Annex III – point 1 – paragraph 2 – introductory part
Amendment 455 #
Proposal for a regulation
Annex VI – Part I – point k
Annex VI – Part I – point k