45 Amendments of Malte GALLÉE related to 2023/0124(COD)
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘authorised representative’ means any natural or legal persons established within the Union that have received a written mandate from a manufacturer to act on their behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘economic operator’ means the manufacturer, the authorised representative, the importer , the distributor, the distributorfulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or in relation to making them available on the market in accordance with this Regulation;
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point 4, of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;
Amendment 123 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 125 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Manufacturers shall keepdraw up and keep up to date the technical documentation and the product passport for at least 10 years after the last time the detergent or the surfactant covered by that documentation or product passport has been placed on the market.
Amendment 129 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
When deemed appropriate with regard to the performance of, or the risks presented by, a detergent or surfactant, manufacturers shall carry out sample testing of such detergents or surfactants, investigate, and, if necessary, keep a register of complaints, of non- conforming detergents or surfactants and recalls of such detergent or surfactants, and shall keep distributors informed of any such monitoring.
Amendment 130 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 a (new)
Article 7 – paragraph 4 – subparagraph 2 a (new)
Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, enabling consumers to submit complaints and to inform manufacturers of any accident or safety issue they have experienced with a detergent or surfactant.
Amendment 131 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 b (new)
Article 7 – paragraph 4 – subparagraph 2 b (new)
Manufacturers shall investigate complaints submitted, and information received on accidents, that concern the safety of products they made available on the market and which have been alleged to be dangerous by the complainant, and shall keep an internal register of those complaints as well as of product recalls and any corrective measures taken to bring the detergent or surfactant into conformity.
Amendment 132 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 c (new)
Article 7 – paragraph 4 – subparagraph 2 c (new)
The internal register of complaints shall only store those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous detergents or surfactants. Such data shall only be kept as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.
Amendment 133 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point a
Article 7 – paragraph 6 – subparagraph 2 – point a
(a) upon request from the Member States’ appointed bodiesbefore placing the detergent on the market in the Member State concerned;
Amendment 136 #
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point b
Article 7 – paragraph 6 – subparagraph 2 – point b
(b) when the detergent for which a data sheet has already been requestprovided no longer corresponds to the information included in that datasheet.
Amendment 137 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. Manufacturers shall ensure that all relevant economic operators, including distributors, importers and authorised representatives, and providers of online marketplaces in the supply chain concerned, are kept informed in a timely manner of any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
Amendment 139 #
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
Amendment 140 #
Proposal for a regulation
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8 a. Manufacturers established outside of the Union shall ensure that their authorised representative has the necessary documentation permanently available in order to fulfil the tasks referred to in Article 15(3).
Amendment 143 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point b
Article 8 – paragraph 3 – subparagraph 2 – point b
(b) keep the product passport and technical documentation at the disposal of national market surveillance authorities for at least 10 years after the last time the detergent or surfactant covered by those documents has been placed on the market;
Amendment 144 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point c
Article 8 – paragraph 3 – subparagraph 2 – point c
(c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation in an official language that can be understood by that authority;
Amendment 145 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point e
Article 8 – paragraph 3 – subparagraph 2 – point e
(e) immediately terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
Amendment 146 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point e a (new)
Article 8 – paragraph 3 – subparagraph 2 – point e a (new)
(e a) where the authorised representative considers or has reason to believe that a detergent or a surfactant is dangerous, inform the manufacturer thereof.
Amendment 147 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 a (new)
Article 8 – paragraph 3 – subparagraph 2 a (new)
In case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.
Amendment 150 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Importers shall indicate their name, registered trade name or registered trade mark and the postal and email address at which they can be contacted on the label of the detergent or surfactant. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product. Importers shall ensure that any additional label does not obscure any information required by Union law on the label provided by the manufacturer. The contact details shall be in a language easily understood by end- users and market surveillance authorities.
Amendment 152 #
Proposal for a regulation
Article 9 – paragraph 7
Article 9 – paragraph 7
7. When deemed appropriate with regard to the performance of a detergent or surfactant or the risks presented by them, importers shall carry out sample testing of such detergents and surfactants, investigate, and, if necessary, keep a register of complaints, of non-conforming detergents and surfactants and recalls of such detergents and surfactants, and shall keep distributors informed of any such monitoring.
Amendment 153 #
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. Importers shall verify whether the communication channels referred to in Article 7 (4 a new) are publicly available to consumers, thereby allowing them to present complaints and communicate any accident or safety issue they have experienced with the detergent. If such channels are not available, importers shall provide for them, taking into account accessibility needs for persons with disabilities.
Amendment 154 #
Proposal for a regulation
Article 9 – paragraph 7 b (new)
Article 9 – paragraph 7 b (new)
7 b. Importers shall investigate complaints submitted, and information received on accidents, that concern the safety of detergents or surfactants they made available on the market, which the complainant has alleged to be dangerous, and file those complaints, as well as detergent recalls and any corrective measures taken to bring the detergent into conformity, in the register referred to in Article 7 (4 b new), or in their own internal register. Importers shall keep the manufacturer, distributors, and, where relevant, fulfilment service providers and providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation.
Amendment 155 #
Proposal for a regulation
Article 9 – paragraph 7 c (new)
Article 9 – paragraph 7 c (new)
7 c. The register of complaints shall only store those personal data that are necessary for the importer to investigate the complaint about an alleged dangerous detergent or surfactant. Such data shall only be kept for as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.
Amendment 156 #
Proposal for a regulation
Article 9 – paragraph 8 a (new)
Article 9 – paragraph 8 a (new)
8 a. Importers shall ensure that all relevant economic operators and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
Amendment 157 #
Proposal for a regulation
Article 9 – paragraph 9
Article 9 – paragraph 9
9. Importers shall keep the reference to the unique product identifier at the disposal of the market surveillance authorities for a period of at least 10 years after the last time the detergent or surfactant has been placed on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 160 #
Proposal for a regulation
Article 9 – paragraph 10
Article 9 – paragraph 10
10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
Amendment 162 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by detergents and surfactants which they have made available on the market.
Amendment 164 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
An importer or distributor natural or legal person shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 7 where that importer or distributornatural or legal person places a detergent or surfactant on the market under his or her name or trademark or modifies a detergent or surfactant already placed on the market in such a way that compliance with this Regulation may be affected.
Amendment 173 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) the information on the digital label shall be easily and directly accessible to all users in the Union;
Amendment 174 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) the information on the digital label shall be presented in a waylanguage and a format that addresses the needs of vulnerable groups, including persons with disabilities, and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;
Amendment 175 #
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
(h) the digital label shall remain available until the expiry date of the detergent or surfactant, or, if the detergent or surfactant does not have an expiry date, for a for a period of 10 years from the moment the detergent or surfactant is placed on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it, or for a longer period as required under other Union legislation covering the information that it contains;
Amendment 178 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The data carrier shall be physically present on the detergent or surfactant, their packaging or the documentation accompanying them or the leaflet in a way that allows it to be processed automatically by digital devices.
Amendment 181 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
The data carrier shall be clearly visible legible, accessible, easily understandable to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales.
Amendment 193 #
Proposal for a regulation
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) it shall be accessible to customers, end-users, market surveillance authorities, customs authorities, civil society organisations, researchers, trade unions, the Commission and other economic operators;
Amendment 196 #
Proposal for a regulation
Article 18 – paragraph 2 – point g
Article 18 – paragraph 2 – point g
(g) it shall be available for a period of at least 10 years after the last time the detergent or surfactant is placed on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
Amendment 197 #
Proposal for a regulation
Article 18 – paragraph 2 – point g a (new)
Article 18 – paragraph 2 – point g a (new)
(g a) it shall be based on open standards, developed with an inter- operable format and shall be machine- readable, structured, searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in, in accordance with the essential requirements set out in the Ecodesign Regulation;
Amendment 198 #
Proposal for a regulation
Article 18 – paragraph 2 – point h a (new)
Article 18 – paragraph 2 – point h a (new)
(h a) it shall facilitate the verification of detergent or surfactant compliance by competent national authorities;
Amendment 203 #
Proposal for a regulation
Article 18 – paragraph 9 – subparagraph 1 – point d
Article 18 – paragraph 9 – subparagraph 1 – point d
(d) the actors that shall have access to information in the product passport and to what information they shall have access and the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, including manufacturers and other relevant economic operators, competent national authorities, and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update;
Amendment 205 #
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) end-users, economic operators and other relevant actors shall have easy access to the product passport free of charge and without restricting access to existing users;
Amendment 206 #
Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(c a) product passports shall be designed and operated so that they are user-friendly;
Amendment 208 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in the course of the controls referred to in paragraph 1 or paragraph 2, the market surveillance authorities find that the detergent or surfactant does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operators to take all appropriate corrective action to bring the detergent or surfactant into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period which is prescribed by the market surveillance authorities and commensurate with the nature of the risk referred to in paragraph 1.
Amendment 211 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where, having carried out an evaluation under Article 22(1), a market surveillance authority finds that although a detergent or surfactant is in compliance with this Regulation, it presents a risk to health or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the detergent or surfactant concerned, when placed on the market, no longer presents that risk, to withdraw the detergent or surfactant from the market or to recall it, within a reasonable period which is prescribed by the market surveillance authorities and commensurate with the nature of that risk.
Amendment 212 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1 a. On duly justified imperative grounds of urgency relating to the protection of health or the environment, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 28 (2 a new).
Amendment 214 #
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2 a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.