Activities of Vlad-Marius BOTOŞ related to 2019/2190(INI)
Shadow reports (1)
REPORT on addressing product safety in the single market
Amendments (35)
Amendment 2 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act),
Amendment 37 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, showed it is of paramount importance for the protection of EU citizens that in all the crises that might challenge the European Union the safety of all products needed to tackle the emergencyies is the highest, especially for medical and protective equipment, including products from outside the EUsold on line and products from outside the EU; stresses the need for online platforms and online market places to take proactive measures to tackle misleading practices and disinformation regarding emergency products sold online; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
Amendment 45 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update and establish aligned market surveillance rules, including those for for offline and online, for both harmonized and non-harmoniszed products, and make them fit for purpose in the digital age;
Amendment 52 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital worldnew market realities and the imperatives of the green and digital transition; asks the Commission to address the challenges of emerging technologies such as 3D-printingartificial intelligence (AI), the internet of things (IoT) and, robotics and others in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation;
Amendment 58 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD in coordination with potential revision of other legislative frameworks such as the Product Liability Directive (PLD), so that it reflects the complexity of emerging technologies, including stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
Amendment 71 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; is convinced that an EU-wide approach to AI, including a common definition, is needuropean operational framework is of key importance in avoiding the fragmentation of the Single Market, resulting from differing national legislations. Thus, the EU needs to avoidct at the European level in terms of a fragmentation of the internal market, which would underminwork for investment, data infrastructure, research and common ethical norms that would enhance the trust of citizens and businesses, create legal uncertainty and weakenimprove the EU’s economic competitiveness;
Amendment 76 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the Commission should screen the existing AI standards in place and consult with businesses and other stakeholders to understand which new standards are needed, should carry out a periodic assessment of the European regulatory framework related to AI in order to ensure the product safety, consumer and data protection;
Amendment 78 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that the Commission should find ways to use AI technology and blockchain for the benefit of the product safety by for instance the creation of complex interoperable databases regarding the real physical and psychological damage inflicted on the consumer by unsafe products raising awareness for both the consumers and the producers and thus lead to the improvement of the products
Amendment 86 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. EncourageAsks the Commission to assess the feasibility of developing measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, tothat ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can creat; underlines that products with embedded emerging technologies such as AI may evolve with the time via updates and self- learning processes and that these measures that apply only at the time of the placing of the product on the market may therefore not be fit for purpose;
Amendment 94 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. underlines that European SMEs must not be adversely affected by obligations and rules on product safety that may entail a disproportionate burden, and calls the Commission to support them and to explore solutions that ensure a stable, predictable and properly regulated environment in which SMEs can conduct their businesses and keep their competitiveness in the European Single Market;
Amendment 95 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the fact that the connectivity of products can lead to new safety and security risks; urges the Commission to thoroughly reassess the potential risks of connected products and adapt the application of conformity assessment modules for those products with a substantially increased risk level;
Amendment 100 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to evaluate, in case of a necessary reassessment of products, whether more flexibility could be considered for low-risk products for the purposes oftake into account the 'think small first' principle when assessing the feasibility of such measures; considers that such measures should take due account of the need to provide support to SMEs to reduce the burden these measures can create; urges the Commission to use the existing legal framework for low-risk products and allow for the least stringent conformity assessment schemes to be used in order to reduce the administrative burden and facilitate product refurbishment;
Amendment 115 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure and improve safety throughout their lifecycle;
Amendment 120 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including new communication technologies, like 5G, in order to also improve the safety of connected products;
Amendment 123 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights that the risks derived from software updates, faulty data and loss of connectivity of emerging digital technologies can result in risks safety and health damages and urges the Commission to update the current legislation in order to address those risks;
Amendment 129 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the cybersecurity of connected devices can compromise product safety, and that thiUnderlines that connected devices and interlinked services are subject to cyber-attacks and in order to improve the safety of products, cybersecurity concerns needs to be addressed in the revision of the relevant rules and recommendations;
Amendment 139 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification scheme for AI, IoT and robotics products, and to create mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 157 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Commission to cooperate with the Member States in order to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level and online markets, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market;
Amendment 169 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping, including from online shopping marketplaces, on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex);
Amendment 171 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Asks the Commission to use the revision of the GPSD to clarify market surveillance authorities should contact the relevant economic operator in the following orders: EU-based authorised representative with a mandate from the manufacturer, EU-based manufacturer, importer & distributor or fulfilment service provider;
Amendment 173 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to swiftly adopt implementing acts in accordance with Regulation 2019/1020, and in particular Article 25 thereof, laying down benchmarks and techniques for checks on harmonised and non-harmonised products, and to include minimum requirements on scale and frequency of checks for products entering the Union market so as to ensure consistent, effective and uniform enforcement of Union law;
Amendment 174 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to require economic operators placing products on the EU market to make available to the public and to the market surveillance authorities lists of their product models, technical specifications accompanied by a picture, to prevent circumvention of controls.
Amendment 189 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to cooperate with the regulatory authorities of third countries, to exchange market surveillance- related information on dangerous products with them, and to include market surveillance in all bilateralFree trade agreements;
Amendment 190 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Asks the Commission to explore the option, that suppliers, which are established in a third country, have to designate a legal representative, established in the Union, who can beheld accountable for the selling of products, to European consumers, which do not comply with Union rules of safety;
Amendment 195 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, market surveillance and customs authorities and consumers so as to enable the swift transfer of information on unsafe products, and coordination of enforcement measures, and to make available to the general public information about controls and sanctions, including a blacklist of re-offenders;
Amendment 208 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges the Commission to further harmonise the methodology and criteria for assessing risks in all Member States in order to ensure a level playing field for all economic operators;
Amendment 219 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. EncouragesNotes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, an increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market, therefore urges the Commission to establish regulations in order to ensure the cooperation of the online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
Amendment 228 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks onlinStresses that the Commission should establish clear guide lines for the marketplaces to enhance their cooperation, consult Rapex before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible tool for consumers to report unsafe products;
Amendment 231 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission and the Member States to oblige online marketplaces to create an interfaceto assess how online marketplaces could improve their interconnection with the Rapex system in order to ensure that products offered for sale are safe, and require them to introduce a link to Rapex on their websites so as to raise awareness about this platform;
Amendment 252 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the fact that the European standardisation programme for 2020 addresses the challenges emerging within the Digital Single Market, such as AI, IoT, protection of data, including health data, cybersecurity and automated mobility; asks the Commission to define standardsmandate Cen-Cenelec to define standards, including for traditional sectors, not previously using IT, allowing the deployment of interoperable technologies to provide for safe EU-wide emerging technologies;
Amendment 256 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that the safety of products should be a priority for the Commission in updating the legislation in order to cover security risks generated by connected products and the risks to be hacked.
Amendment 271 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Acknowledges, that the success of any product or innovation stands and falls with the trust placed in its quality and safety and that the EU’s goal must be to ensure this trust, especially in an increasingly digital networked world; encourages the European Commission to further develop the established and successful quality infrastructure, consisting of metrology, standardisation, accreditation, conformity assessment and market surveillance, in consultation with all partners involved, to meet these new challenges;
Amendment 281 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumers, asks the Commission to assess how new technologies and algorithms can make this process more effective and ensure that a larger number of affected consumers are reached;
Amendment 283 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Urges the Commission to develop legislation obliging online marketplaces, given their direct communication with consumers, to inform consumers in case they bought an unsafe or otherwise non- compliant product from their online marketplace;
Amendment 288 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on Commission and Member States to foresee a non-burdensome feedback report on recalls by economic operators to be submitted to the market surveillance authorities in order to assess the effectiveness of the recall;