Activities of Alessandra BASSO related to 2021/0170(COD)
Shadow reports (1)
REPORT 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
Amendments (32)
Amendment 203 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The indication of origin is a necessary supplement to the basic traceability requirements laid down in this Regulation concerning the name and address of the manufacturer. Furthermore, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted, in particular where its given address is different from the actual place of manufacture, where the name and address of the manufacturer is missing altogether or where the address was on the packaging that has been lost. Suchinformation can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow-up actions.
Amendment 294 #
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(a a) printed books and periodical different from children's books and printed periodicals;
Amendment 303 #
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, suppliitem placed 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;
Amendment 312 #
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 miscorrect use, 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;
Amendment 316 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’, by virtue of the manner it is created, or the components with which it is manufactured, or use to which it is intended, may potentially endanger the health and/or safety of consumers;
Amendment 336 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 337 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Manufacturers and a natural or legal person, other than the manufacturer, that substantially modifies the product pursuant to article 12 thereof, shall place or make available on the Union market only products as defined in accordance with this Regulation.
Amendment 370 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics;
Amendment 390 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 398 #
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 or dedicated section of their website, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. These communication channels and the reporting methods shall be provided in accessible formats for persons with disabilities.
Amendment 405 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 429 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product. This information shall be provided in accessible formats for persons with disabilities.
Amendment 432 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers 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 product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. This information shall be provided in accessible formats for persons with disabilities.
Amendment 437 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. Alternatively, the instructions may be provided in a digital format. However, upon consumer’s request at the time of the purchase of the product, the instructions shall be provided in paper format free of charge. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 459 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) provide asupport market surveillance authority, upon its reasoned request, withand ensure that all information and documentation necessary is available for inspection by the market surveillance authority to demonstrate the safety of the product in an official language which can be understood by that authority;
Amendment 468 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 474 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. ITaking into account the practices and characteristics of each product sector, importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. This information shall be provided in accessible formats for persons with disabilities.
Amendment 476 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Importers shall ensure that the product they imported is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information. This information shall be provided in accessible formats for persons with disabilities.
Amendment 523 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing ofaking into account the practice and characteristics of each product sector as well as the evidence, based on the same characteristics and functions, of the safety of the product, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be able to provide testing documentation against harmonized standards upon request for randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 545 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Where products are made available on the market online or through other means of distance sales by the relevant economic operators, the relevant offer of the product shall clearly and visibly indicate at least the following information to achieve parity with offline sales, such as:
Amendment 548 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information that allow to identify the product, includingfor example its type and, when available, batch or serial number and any other product identifier;
Amendment 550 #
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) any warning or safety information that is to be affixed on the product or to accompany itpackaging in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers. and enable additional information to be accessible through manufacturer’s e-label. This information shall be provided in accessible formats for persons with disabilities
Amendment 574 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Online marketplaces should comply with the obligations set out in Article 10 for products they facilitate the sale of when there is no manufacturer established in the Union and no importer.
Amendment 579 #
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 days 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 Gatereplying via email to the notified order.
Amendment 585 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall informprovide periodic agreed reports to the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 592 #
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 days, 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 622 #
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous productupon request, provide relevant data useful to effectively engage in market surveillance activities;
Amendment 683 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State according to this Regulation shall be presumed dangerous by market surveillance authorities in other Member States.
Amendment 698 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In the framework of the activities referred to in Article 28(3), point (b), market surveillance authorities may agree with other relevant authorities orand with organisations representing economic operators orand consumers to carry out activities aimed at ensuring safety and protection of consumers health with respect to specific categories of products placed or made available on the market, in particular categories of products that are often found to present a serious risk.
Amendment 710 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States and the Commission shall take the necessary steps to ensure that their officials and agents are required not to disclose information, different from the ones pointed out in article 31(1), obtained for the purposes of this Regulation which, by its nature, is covered by professional secrecy in duly justified cases, except for information relating to the safety properties of products pursuant to article 31(1) which must be made public in order to protect consumers.
Amendment 720 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Consumers shall have the possibility to inform the Commission of products which may 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 appropriate.
Amendment 784 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].