Activities of Emmanuel MAUREL related to 2021/0170(COD)
Shadow opinions (1)
OPINION 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 (144)
Amendment 126 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation shouldmust aim at protecting consumers and their safety as one of the fundamental principle of the EU legal framework, enshrined in the EU Charter of fundamental rights. Dangerous products can have very negative and sometimes irreversible consequences on consumers and citizens. All consumers, including the most vulnerable, such as children, older persons or persons with disabilities, have the right to safe products. Consumers shouldmust have at their disposal sufficient means to enforce such rights, and Member States adequate instruments and measures at their disposal to enforce this Regulation.
Amendment 129 #
Proposal for a regulation
Recital 9
Recital 9
(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should limit their controls to the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls. Nevertheless, given the increasing number of imported products, particularly resulting from the growing use of e- commerce, increased staffing of the authorities in charge of controls is advisable to ensure consumer safety.
Amendment 131 #
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26, the environmental risk posed by a product poses should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumersthroughout its life cycle (from design through production, use and repair to disposal), a risk to the health and safety of consumers. This risk should be taken into consideration both for the product and for the parts of products that could be recycled or reused. _________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 134 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The chemical risk that a product poses, including cumulative effects and the effects of endocrine disruptors, should also be taken into account. This risk should be taken into account throughout the life cycle of the product (from design through production, use and repair to disposal) as it may have adverse effects on the environment and on the health and safety of consumers. This risk should be taken into consideration both for the product and for the parts of products that could be recycled or reused.
Amendment 135 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) All risks that products may pose to the health and safety of workers should be taken into consideration during the design and production phases.
Amendment 137 #
Proposal for a regulation
Recital 13
Recital 13
(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation with the excep. The regulation of materials and articles intended to come into contact with food insofar as risks covered by the GPSR where aspects are concerned that are not already or sufficiently covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks. _________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).
Amendment 142 #
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or, changing its characteristics or causing software errors in programs. New technologies, provided via software updates, for example, can substantially modify the original product, which should then be submitted to a new risk assessment.
Amendment 145 #
Proposal for a regulation
Recital 21
Recital 21
(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. These aspects therefore need to be included in manufacturers’ and market surveillance authorities’ risk assessments where relevant, including risk assessments of products already available on the market. Products that pose a significant risk to the mental health of consumers, and children in particular, should carry a warning giving scientific recommendations regarding usage time and the risks incurred through failure to follow the recommendations.
Amendment 155 #
Proposal for a regulation
Recital 25
Recital 25
(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling hais growning consistently and steadily, and this consumption pattern is now becoming established. It is creating new business models and new actors in the market such as the online marketplaces and the shops they host, which need to ensure product safety and compliance with consumer protection legislation, including product safety and market surveillance legislation.
Amendment 156 #
Proposal for a regulation
Recital 26
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They therefore need to be given greater responsibility for product and consumer safety, including when other economic actors in the supply chain do not act. Online marketplaces are services that enable or help economic operators to make their products available to consumers. For the purpose of the safety of products that are made available on the market, online marketplaces should not be understood merely as platforms that directly facilitate the sale of products. Online marketplaces offer economic operators the possibility of placing advertisements, comparing offers, or providing advisory or reputational services without which consumers would not have access to these products or services. As such, marketplaces should be considered economic operators within the meaning of this Regulation. Indeed, fair treatment in relation to traditional operators inevitably requires marketplaces to take on greater responsibilities.
Amendment 163 #
Proposal for a regulation
Recital 28
Recital 28
(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhanccompletely inadequate ing therms of protection ofng consumers against dangerous products sold online. Nonetheless, iIts voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and , cannot ensure a level- playing field and cannot provide real protection for consumers.
Amendment 168 #
Proposal for a regulation
Recital 30
Recital 30
(30) Moreover, for the purposes of effective market surveillance, online marketplaces should register in the Safety Gate portal and indicate, in the same portal, the information concerning their single contact points for the facilitation of communication of information on product safety issues. The single point of contact under this Regulation might be the same as the point of contact under [Article 10] of Regulation (EU) …/…[the Digital Services Act], without endangeringin which case they should nonetheless provide the information laid down in this Regulation concerning their single contact point. The choice of establishing the same single contact point as provided for in [Article 10] of Regulation (EU) .../...[the Digital Services Act] must not endanger the objective of treating issues linked to product safety in a swift and specific manner.
Amendment 172 #
Proposal for a regulation
Recital 32
Recital 32
(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a generalOnline marketplaces are required to comply with specific obligations to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless,effectively prevent the sale of illegal content. This includes an obligation to expeditiously remove illegal content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the ‘Directive on electronic commerce’ and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 175 #
Proposal for a regulation
Recital 33
Recital 33
(33) Article 14(4) of Regulation (EU) 2019/1020 provides market surveillance authorities with the power, where no other effective means are available to eliminate a serious risk, to require the removal of content referring to the related products from an online interface or to require the explicit display of a warning to end users when they access an online interface. The powers entrusted to market surveillance authorities by Article 14(4) of Regulation (EU) 2019/1020 should also apply to this Regulation. For effective market surveillance under this Regulation and to avoid dangerous products being present on the Union market, this power should apply in all necessary and proportionate cases and also for products presenting a less than serious risk. It is essential that online marketplaces comply with such orders as a matter of urgency. Therefore, this Regulation introduces binding time limits in this respect, without prejudice to the possibility for a shorter time limit to be laid down in the order itself. This power should be exercised in accordance with [Article 8] of the Digital Services Act.
Amendment 180 #
Proposal for a regulation
Recital 35
Recital 35
(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.
Amendment 182 #
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products, and against advertisements and promotions for dangerous products, in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act] concerning the traceability of traders and products, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing soIn addition, online marketplaces should verify the completeness and reliability of this information throughout thate consumers can benefit from the same information made availabletractual relationship with traders, and before placing the products online, and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the traders laid down in this Regulation. Such information should be displayed in an understandable and accessible way together with the product listing so that consumers can benefit from the same information made available online and offline.
Amendment 184 #
Proposal for a regulation
Recital 37
Recital 37
(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities, any other competent authority, and with other relevant economic operators on the safety of products. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. They ensure that human checks are in place to complement the technological tools they use. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.
Amendment 188 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) The Union helps to promote consumers’ right to information through Article 169 of the Treaty. This Regulation should strengthen consumers’ right to information by giving them access to all the information they need to make free and informed choices.
Amendment 189 #
Proposal for a regulation
Recital 43
Recital 43
(43) When making products available on the market, economic operators should provide minimum information on product safety and traceability as part of the relevant offer. This should be without prejudice to the information requirements laid down by Directive 2011/83/EU of the European Parliament and of the Council31 , such as on the main characteristics of the goods, to the extent appropriate to the medium and to the good and all other information regarding traceability, as laid down in this Regulation. This information should be communicated in the manner most appropriate to the medium and to the goods. It should be accessible and understandable to all consumers. _________________ 31 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 190 #
Proposal for a regulation
Recital 44
Recital 44
(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. The traceability of products is essential for consumers to be able to make free and informed choices about the origin of products. Traceability is particularly important in combating counterfeit products. In addition to infringing intellectual property, they are mostly dangerous to consumer health. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.
Amendment 192 #
(44a) Counterfeit products pose a significant threat to the safety and health of consumers. The penetration of these products onto the market is largely being facilitated by the development of e- commerce. Counterfeiting is a scourge for European businesses, producers and designers, and a serious danger to consumer safety, and it must be tackled effectively.
Amendment 194 #
Proposal for a regulation
Recital 47
Recital 47
(47) National authorities should be enabled to complement the traditional market surveillance activities focused on safety of products with market surveillance activities focusing on the internal conformity procedures set up by economic operators to ensure product safety. Market surveillance authorities shouldmust be able to require the manufacturer to indicate which other products - produced with the same procedure, or in the same place or containing the same components considered to present a risk or that are part of the same production batch - are affected by the same risk.
Amendment 198 #
Proposal for a regulation
Recital 52
Recital 52
(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. It is important to ensure that all of this information is available in the official language(s) of the consumer’s country of residence and that it is written in clear and understandable language. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be accessible to persons with disabilities.
Amendment 202 #
Proposal for a regulation
Recital 56
Recital 56
(56) The determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. Member States, in performing risk assessment, might reach different results as far as the presence of a risk or its level is concerned. This could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. An arbitration mechanism should therefore be made available to Member States, on a voluntary basis, which would allow the Commission, to provide an opinion on the issue in dispute and prevent the asymmetry in legislation from creating loopholes that would undermine consumer safety.
Amendment 203 #
Proposal for a regulation
Recital 58
Recital 58
(58) Market surveillance authorities might carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create a situation which might distort competition or affect the objectivity, independence and impartiality of the parties. To this end, market surveillance authorities may call upon consumer organisations, in particular.
Amendment 207 #
Proposal for a regulation
Recital 61
Recital 61
(61) The product safety information available to the authorities should be accessible by the public. In making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures. Under no circumstances may it be used to conceal information that is important for the health and safety of consumers. The criterion of consumer safety shall in all circumstances prevail over that of professional interest.
Amendment 210 #
Proposal for a regulation
Recital 62
Recital 62
(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and, reliable and complete way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators, including online marketplaces, will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number. Consumers should be able to provide their contact details such that they only receive information about recalls and product safety. Economic operators must not be able to force consumers to agree to receive marketing communications in order to receive information on recalls and product safety, too.
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down essential rules on the safety of consumer products placed or made available on the market in order to ensure that they are safe for the health and safety of consumers.
Amendment 222 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not satisfactorily covered by those requirements.
Amendment 230 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, including software, interconnected or not to other items, supplied 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. For connected products, programs that operate or enhance the product are deemed to be a part of the product;
Amendment 234 #
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks, including those related to cybersecurity, compatible with the product’s use, considered acceptable and consistent with a high level of protection of health and safety of consumers and compliant with the precautionary principle laid down in Article 2(5);
Amendment 237 #
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’, as defined in Article 3(2);
Amendment 238 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
10. ‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market; online marketplaces are considered to be importers even when they are not established in the Union;
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
12. ‘fulfilment service provider’ means any natural or legal person offering, in the course of commercial activity, at least twoone of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved, excluding postal services as defined in Article 2, point 1 of Directive 97/67/EC of the European Parliament and of the Council39, parcel delivery services as defined in Article 2, point 2 of Regulation (EU) 2018/644 of the European Parliament and of the Council40, and any other postal services or freight transport services; _________________ 39 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 15, 21.1.1998, p. 14). 40 Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services (OJ L 112, 2.5.2018, p. 19).
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘economic operator’ means the manufacturer, the authorized representative, the importer, the distributor, the fulfilment service provider, the online marketplace or any other natural or legal person who is subject to obligations in relation to the manufacture and placing on the market of products, making them available on the market in accordance with this Regulation;
Amendment 242 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application or part of an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumers for the sale of products covered by this Regulation; any software, website, part of a website, application or part of an application that enables consumers to conclude distance contracts with other traders or consumers shall be deemed to be an online marketplace even if its principal or intended use was not for the conclusion of a distance contract;
Amendment 243 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
15. ‘online interface’ means any software, including a website, part of a website or an application or part of an application, that is operated by or on behalf of an economic operator, and which serves to give end users access to the economic operator’spurchase of products;
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
21. ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in this Regulation, in Union law and in the applicable national law;
Amendment 246 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Products offered for sale online or through other means of distance sales shall be deemed to be made available on the market if the offer is targeted at consumers in the Union or is accessible to those consumers. An offer for sale shall be considered to be targeted at consumers in the Union if the relevant economic operator directs, by any means, its activities to one or several Member State(s), or when European consumers are able to purchase these products from within a Member State.
Amendment 247 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the use of an official language or currency of the Member Statesthe possibility of using an automatic translation tool enabling access to offers in one of the languages of the Union;
Amendment 248 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) the possibility of using a currency of the Union, an application available in the Union or a means of payment issued in the Union to pay for the purchase;
Amendment 249 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Economic operators, including online marketplaces, shall place or make available on the Union market only safe products.
Amendment 250 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) if it conforms to the criteria set out in Article 7;
Amendment 255 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5 and Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 256 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. However, presumption of safety under paragraph 1 shall not prevent market surveillance authorities, the competent authorities as well as the Commission from taking action under this Regulation where there is evidence that, despite such conformity, the product is dangerous.
Amendment 257 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Aspects for assessingsessment of the safety of products
Amendment 258 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 5 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is The following aspects shall be evaluated during each assessment to determine the safety of a product. These conditions must be met for a product to be presumed ‘safe’:
Amendment 260 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the characteristics of the product, including its design, technical features, composition and chemical components, packaging, and instructions for assembly and, where applicable, for, installation and, use, maintenance, recycling and repair;
Amendment 264 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) the presentation of the product, the labelling, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product. All of this information shall be available in the official language(s) of the consumer’s country of residence, in clear and accessible language;
Amendment 267 #
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, name or other characteristics;
Amendment 269 #
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) the evolving, learning and predictive functionalities of a product.;
Amendment 270 #
Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
Article 7 – paragraph 1 – point i a (new)
(ia) the risk a product poses throughout its life cycle (from design through production, use and repair to disposal) given that it may have adverse effects for the environment and the health and safety of consumers. This risk should be taken into consideration not only for the product but also for the parts of the product that could be recycled or reused;
Amendment 273 #
Proposal for a regulation
Article 7 – paragraph 1 – point i b (new)
Article 7 – paragraph 1 – point i b (new)
(ib) the chemical risks the product could pose to the health and safety of consumers, including cumulative and low-dose effects resulting from exposure to chemicals present in the product and in other products. The cumulative effects should also be considered in relation to the conditions of use and maintenance of the products;
Amendment 277 #
Proposal for a regulation
Article 7 – paragraph 1 – point i c (new)
Article 7 – paragraph 1 – point i c (new)
(ic) the mental health risk posed by connected products, including their cumulative and long-term health effects, particularly on children;
Amendment 279 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. TWhen a product safety assessment has taken into consideration the elements laid down in paragraph 1 of this article, and has demonstrated the product’s safety with regard to these elements, the feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe.
Amendment 281 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The European Commission, through delegated acts, shall introduce the requirement of an EC-type approval (certification of products by an independent third party) to guarantee the safety of certain products, when these products have been subject to a significant number of alerts to national market surveillance authorities, the Safety Gate, or when the products, due to their nature or the category to which they belong, pose significant risks that justify an examination. This requirement may also be applied to a manufacturer when several of its products have been recalled.
Amendment 282 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When placing their products on the market, manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in Article 5. and the precautionary principle laid down in Article 2(5). In particular, manufacturers shall provide appropriate safeguards to prevent software from being downloaded that might compromise the safety of products during their lifetime, including software that might allow access to personal data by malicious third parties or without the user’s consent. Manufacturers shall provide these guarantees without prejudice to the possibility of the user using software other than that supplied by the manufacturer and without prejudice to free and fair competition.
Amendment 285 #
2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a public register of these complaints as well as of product recalls.
Amendment 287 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, the following communication channels such: as telephone number, electronic address orand dedicated section of their website, allowing. These communication channels should enable the consumers to file complaints and to inform themmanufacturers of any accident or safety issue they have experienced with the product. Consumers must be able to communicate with manufacturers in their national language. They must be easily contactable by all consumers, including appropriate means of communication for disabled persons, and it must be possible to contact the manufacturer directly, without an intermediary.
Amendment 291 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
Under the mechanism laid down in Article 33, consumers have the option of leaving their contact details (telephone number, electronic address, postal address) when purchasing a product, in order to receive an alert if the product’s safety is called into question as a result of a large number of notifications, a notification from the market surveillance authorities or a product recall. Manufacturers should inform consumers in a clear and comprehensible manner that they have the possibility of receiving an alert if the safety of a product is called into question. Providing personal information to receive an alert if the safety of a product is called into question is never consent to receive advertising or enrol in a loyalty programme.
Amendment 292 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded. Under the consumer alert mechanism laid down in Article 33, the manufacturer shall inform consumers of the conditions under which their personal data will be stored and used.
Amendment 293 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers or, where applicable, their authorised representatives shall keep distributors, and importers and, including online marketplaces, in the concerned supply chain informed of any safety issue that they have identified. They shall also inform the market surveillance authorities and all competent authorities, as appropriate.
Amendment 303 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 a (new)
Article 8 – paragraph 4 – subparagraph 1 a (new)
Amendment 306 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation, for a period of ten years afterrom the date on which the last batch of the product has been placed on the market and make it available to the market surveillance authorities, upon request.
Amendment 307 #
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 legi, legible and understandable 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 accessible to all consumers in a language they can understand and adapted for people with disabilities.
Amendment 309 #
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 and telephone number 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, an electronic address and a freephone telephone number at which the manufacturer can be contacted without an intermediary and in the national language of the consumer’s country.
Amendment 312 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including adequately and effectively warning end users who are at risk from the non- conformity of the product, in accordance with the procedure laid down in Article 33, about a withdrawal or recall, as appropriate.
Amendment 315 #
Proposal for a regulation
Article 8 – paragraph 11
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they mthe market surveillance authorities of the Member States in which they made the product available, giving details, in particular, of the risk to consumers’ health and safety and of any corrective measure already taken. Manufacture andrs shall immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already takenalert consumers of the risk to their health and safety presented by a product they manufacture. In accordance with Article 33, consumers shall be immediately alerted by means of clear and targeted information, in the official languages of their country of residence as a minimum through all means made available by the consumer.
Amendment 317 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. AWhere a manufacturer mayis established outside the European Union, it shall, by a written mandate, appoint an authorised representative. It shall provide the name, address, telephone number and electronic address of this person to the market surveillance authorities of the Member States of the Union.
Amendment 320 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) provide a market surveillance authority, upon its reasoned request, with all information and documentation necessary to demonstrate the safety of the product in an official language which can be understood by that authority;
Amendment 321 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturerposes a risk, inform the manufacturer and notify the product through the Safety Business Gateway, and inform the market surveillance authorities of the EU Member States and all competent national authorities;
Amendment 324 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 6, Article 7 and Article 8 (4), (6), (7) and (7)8), as well as the precautionary principle.
Amendment 325 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6), (7) and (78), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the importer considers or has reason to believe that a product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informed.
Amendment 328 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address and telephone number 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.
Amendment 329 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. ImportManufacturers 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.
Amendment 330 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Article 8 (6) and (7)6, Article 7 and Article 8(6) and (7), as well as the precautionary principle.
Amendment 331 #
Proposal for a regulation
Article 10 – paragraph 6 – introductory part
Article 10 – paragraph 6 – introductory part
6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the public register referred to in Article 8(2), first subparagraph, or and in their own register. Importers shall keep the manufacturer and distrib, distributors and national market surveillance authorities informed of the investigation performed and of the results of the investigation.
Amendment 334 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Importers shall cooperate with market surveillance authorities and the manufacturer, the competent national authorities and any other relevant economic operators to ensure that a product is safe.
Amendment 335 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and any other relevant economic operators, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them without delay. Importers shall sensure thad an immediate alert, through the Safety Business Gateway referred to in Article 25, to ensure that consumers are immediately and effectively alerted of the risk in a notification that must be easily accessible, clear and understandable, in accordance with the mechanism laid down in Article 33 where applicable and to ensure that market surveillance authorities of the Member States in which they made the product available to that effect bare immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. These enforcement measures must be listed and communicated via the Safety Business Gateway so that consumers can easily access them.
Amendment 339 #
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. Importers shall keep the technical documentation referred to in Article 8(4) for a period of 10 years after they have placed the product on the market and make it available to the market surveillance authorities, upon request.
Amendment 340 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 5, Article 6, Article 7, Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, as well as the precautionary principle.
Amendment 342 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Article 6, Article 7, Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable. They shall apply the precautionary principle.
Amendment 343 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer orand the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.
Amendment 344 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 5, Article 6, Article 7, Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer orand the importer, and any other relevant economic operator, as applicable, to that effect and shall make sure thaimmediately alert, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed, giving details, in particular, of the risk to health and safety and of any corrective measure taken. The information concerning the corrective measures must be detailed and complete. This notification through the Safety Business Gateway should enable consumers to be alerted immediately and effectively to the risk in a notification that should be easily accessible, clear and understandable, in accordance with the mechanism laid down in Article 33 of this Regulation.
Amendment 345 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. When a product has been substantially modified within the meaning of this Article, that product shall be submitted for a new risk assessment pursuant to Articles 5, 6 and 7 of this Regulation.
Amendment 348 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5 and apply the precautionary principle. These internal processes shall be independently audited as necessary. The economic operators shall make this audit report publicly available and shall send it to the market surveillance authorities without delay.
Amendment 351 #
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(ba) a trail of the information gathered about the risk, details of the risk assessment measures and justification of the corrective measures taken.
Amendment 352 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Economic operators shall be able to present the information referred to in paragraph 2 for a period of ten years after they have been supplied with the product and for a period of ten yearsthroughout the whole life of the product after they have supplied the product, where relevant.
Amendment 353 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks in such a way as to make the product safe within the meaning of Articles 5, 6 and 7. Market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.
Amendment 358 #
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 of randomly chosen products made available on the market. These products shall be randomly chosen and must include products whose sales volumes are significant in relation to the average sales volume of products in the same category. 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. This sample testing shall be sent to the market surveillance authorities and to the competent authorities, as appropriate.
Amendment 361 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. 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 be obliged to proactively share evidence of dangerous and non-compliant products with the authorities, through the Business Safety Gate.
Amendment 362 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The name, registered trade name or registered trade mark, and contact details, including the postal and electronic address and telephone number, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document.
Amendment 365 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulation. Consumers, and any interested party, must be able to access this information.
Amendment 367 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
Amendment 368 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components or ofand their country of production, and the economic operators involved in its supply chain, as well as in modalities to display and to access that data, including placement of a data carrier on the product, its packaging or accompanying documents. The display modalities shall ensure traceability by making available information that is clear, legible and understandable.
Amendment 370 #
Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)
Article 17 – paragraph 3 – point b a (new)
(ba) specifying the period for retaining the data that economic operators collect and store by means of the traceability system referred to in paragraph 2. The retention period and modalities must ensure respect for Regulation (EU) 2016/679 of the European Parliament and of the Council;
Amendment 371 #
Proposal for a regulation
Article 17 – paragraph 4 – point a
Article 17 – paragraph 4 – point a
(a) the cost-effectiveness of the measures, including their impact on businesses, in particular small and medium-sized enterprises; The effectiveness of the measures must be assessed in light of the improvement in consumer information that they entail and their effects on consumer safety and health;
Amendment 373 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 374 #
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:
Amendment 375 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address and telephone number at which they can be contacted;
Amendment 377 #
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;
Amendment 380 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure thatnotify, through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market is notified, within two working daywithin 12 hours from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information as soon as possible.
Amendment 382 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The importers and, the distributors and the online marketplaces which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notificationnotify this information via the Safety Business Gateway within 12 hours from the moment they know about the accident and shall inform the manufacturer without delay.
Amendment 386 #
IV Online marketplaces
Amendment 387 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Amendment 396 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Online marketplaces shall establish a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products. imed at guaranteeing rapid and direct communication with all competent authorities, including Member States’ market surveillance authorities and customs authorities, as well as the Commission where appropriate, in relation to product safety issues, in particular for orders concerning offers of dangerous products. The single contact point designated by online marketplaces must be established in a Member State. In addition, online marketplaces that do not have an establishment within the Union but that offer services within the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States in which the provider offers its services, in accordance with [Article 11] of Regulation (EU) [.../...] on an internal market for digital services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 398 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Online marketplaces shall register with the Safety Gate portal and indicate on the portal the information concerning their single contact point. This information shall include the name, postal and electronic address and telephone number of their single contact point. Online marketplaces shall ensure that information regarding their contact point is up-to-date and shall update information without delay, if necessary.
Amendment 399 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Online marketplaces shall make public the information necessary to facilitate the identification of, and communication with, their single contact points. This information must be easily accessible to consumers from the online marketplace interface. Full information regarding product traceability shall be easily accessible to consumers from the online marketplace interface. This information shall be understandable, legible and available in the consumer’s language. Consumers shall have access to the following information: (a) place of product design; (b) place of origin of the various product components; (c) composition of the product; (d) transit locations of the product and its components; (e) place of product assembly.
Amendment 400 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 b (new)
Article 20 – paragraph 1 – subparagraph 1 b (new)
Online marketplaces shall ensure that traders are identified and guarantee the traceability of products offered to consumers via their online interfaces.
Amendment 401 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Online marketplaces shall design their online interfaces in such a way as to allow the traders using them to comply with consumer protection legislation, including product safety and market surveillance legislation, enabling them to provide all the information and documentation required by such legislation. Online marketplaces shall meet the demands of traders and be available to them to facilitate compliance with consumer protection legislation.
Amendment 402 #
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
Amendment 403 #
Proposal for a regulation
Article 20 – paragraph 1 c (new)
Article 20 – paragraph 1 c (new)
1c. The information given under paragraph 1b of this Regulation shall be displayed alongside the digital product listing in clear, intelligible and unambiguous language, and in a way that is easily accessible and understandable for all consumers. The consumer shall have access to all this information in a national language of one of the Member States.
Amendment 404 #
Proposal for a regulation
Article 20 – paragraph 1 d (new)
Article 20 – paragraph 1 d (new)
1d. Online marketplaces shall ensure, from the outset of the contractual relationship and throughout the duration thereof, that the information referred to in points (a) to (d) of paragraph 3 is reliable and complete. They shall ask business users to provide documents attesting to the veracity of the information. They shall verify the information provided by traders and ask for any information or further documentation necessary in line with points (a) to (d) of paragraph 3. They shall conduct regular and random checks throughout the duration of the contractual relationship to ensure the conformity of the information provided by the traders.
Amendment 405 #
Proposal for a regulation
Article 20 – paragraph 1 e (new)
Article 20 – paragraph 1 e (new)
1e. Online marketplaces shall periodically conduct visual inspections and sample testing of randomly selected products, taking into consideration previous reports, databases and examinations, as well as potential risks and harm to consumers. The products subject to these tests must include those made available on the market through the intermediary of their service and must include products that have a particularly high sales volume in relation to the average sales volume of products in the same category.
Amendment 406 #
Proposal for a regulation
Article 20 – paragraph 1 f (new)
Article 20 – paragraph 1 f (new)
1f. The online marketplaces shall immediately suspend from their online interfaces offers from traders who provide incomplete or incorrect information and traders who do not comply with the rules set out in this Regulation. Traders shall be informed of the suspension by a notification that includes all information justifying the suspension. They shall correct this information and, where appropriate, request an end to the suspension of their offers.
Amendment 407 #
Proposal for a regulation
Article 20 – paragraph 1 g (new)
Article 20 – paragraph 1 g (new)
1g. In the event of a proven and repeated breach of any of the obligations laid down in this Regulation or in European or national legislation on consumer safety, the online marketplace shall permanently exclude the trader. It shall establish and maintain an internal database of dangerous products that have been made available through its services. It shall enter all relevant information and provide the authorities with access to this database. This exclusion shall also apply to new accounts that the trader may create, including through a third party. Such repeated violations may be detected as a result of a notification from a competent national authority, the market surveillance authorities of the Member States, the Commission, a consumer association or any interested party. The online marketplace shall perform such detection work itself. It shall ensure human checks if automatic monitoring by digital means is used. The online marketplace shall notify the national market surveillance authorities and the competent national authorities, in particular the competition authorities, of any wrongful notifications by a natural or legal person. A legal or natural person who is guilty of wrongful notification may have his or her ability to issue notifications suspended for a period proportionate to the number of wrongful notifications he or she has sent.
Amendment 408 #
Proposal for a regulation
Article 20 – paragraph 1 h (new)
Article 20 – paragraph 1 h (new)
1h. Online marketplaces shall cooperate with the market surveillance and other consumer protection authorities, relevant economic operators, consumer organisations and other civil society organisations to facilitate all action taken to eliminate or mitigate the risks posed by a product that is or has been offered for sale online through their services. This cooperation shall include in particular: (a) cooperating to ensure the effectiveness of product recalls, including by carrying out recalls directly and providing remedy to consumers if the responsible economic operator fails to take adequate and timely action; (b) informing the competent authorities, on a regular and timely basis, of any measures taken to eliminate or mitigate the risks posed by a product that is or has been offered for sale online through their services; (c) cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed or suspended by online marketplaces on the basis of this article; (d) providing the competent authorities with access to all relevant data on traders and products and their interfaces in order to deploy online tools to identify and remove dangerous products; (e) upon request of the competent authorities or any other authority, where online marketplaces or operators active on their online interfaces have put in place technical barriers to prevent the extraction of data from their online interfaces, permitting the extraction of data for product safety purposes on the basis of identification parameters provided by market surveillance authorities and other competent authorities requesting it.
Amendment 409 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it. Such orders shall contain a statement of reasons and specify one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the illegal content concerned. They may be transmitted by means of the Safety Gate portal.
Amendment 414 #
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 without delay 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 day12 hours 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 Gate.
Amendment 415 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Orders from the market surveillance authorities shall also apply to mirror advertisements, i.e. to specific illegal advertisements or content that refer to a dangerous product referring to products that are equivalent or identical to products that have already been the subject of orders. The similarity of the products shall be established according to the manufacturer, the composition and the characteristics of the product. Online marketplaces shall take all necessary measures to prevent the reappearance of specific illegal advertisements or content referring to a dangerous product on their platform.
Amendment 416 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 418 #
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, to24 hours, to all notices related to product safety issues and dangerous products particularly those 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 422 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 432 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 437 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where a dangerous product has been identified, the manufacturer shall indicate, upon request by to the market surveillance authorities, and other relevant authorities which other products, produced with the same procedure, containing the same components or being part of the same production batch, are affected by the same risk.
Amendment 443 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Consumers shall have access to the Safety Gate under the conditions laid down in Article 32. They shall have access to information on products that may pose a risk to health and to a separate area in the portal where they can inform the Commission of products that pose a risk to their health.
Amendment 445 #
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Member States mayshall notify in the Safety Gate corrective measures taken by their authorities or by economic operators on the basis of provisions of Union harmonisation legislation and Regulation (EU) 2019/1020 in relation to products presenting a less than serious risk.
Amendment 447 #
6. If the Commission identifies products which are likely to present a serious risk and for which Member States have not submitted a notification in the Safety Gate, it shall inform the Member States. and the economic operators concerned. The latter must remove the products until Member States shallve undertaken the appropriate verifications and, if they. If Member States adopt measures, they shall notify them in the Safety Gate and in the Safety Business Gate in accordance with paragraph 1.
Amendment 454 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or, upon request of Member States, or upon request of consumer organisations, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
Amendment 460 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 a (new)
Article 26 – paragraph 1 – subparagraph 1 a (new)
Amendment 461 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 b (new)
Article 26 – paragraph 1 – subparagraph 1 b (new)
EC Certification must be subject to product analysis and control at the production sites.
Amendment 462 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Any Member State or consumer organisation may submit a substantiated request to the Commission to examine the need for the adoption of a measure referred to in paragraph 1 or 3.
Amendment 463 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where market surveillance authorities in other Member States reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment, the Member States concerned may request the Commission to arbitrate. In that case, the Commission shall invite all Member States to express a recommendation. It shall also request a third-party evaluation and invite consumer organisations to make a recommendation.
Amendment 470 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting risks to consumer health and safety shall in genera, or information that is considered relevant to protect the interests of end users, shall be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
Amendment 476 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Consumers and consumer organisations may submit different complaints through an allocated section of this portal, which the Commission will transmit to the competent authorities for product safety and surveillance and enforcement activities, and these complaints shall be followed up accordingly. The authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and the decision taken, and shall inform the complainant of the right to an effective judicial remedy as provided for in Article 35a.
Amendment 479 #
Proposal for a regulation
Article 33 – paragraph 1 – point 1 (new)
Article 33 – paragraph 1 – point 1 (new)
Amendment 480 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. The market surveillance authorities shall also require online marketplaces to issue recalls, including for products sold by third parties on their platforms.
Amendment 484 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the followingoffer consumers the following three options:
Amendment 485 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) refund of the value ofamount paid for the recalled product at the time of purchase.
Amendment 489 #
Proposal for a regulation
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1a. The Consumer Safety Network shall cooperate with other existing European networks, such as the Consumer Protection Cooperation Network, the European Data Protection Committee and other European organisations, in particular to assess the safety of products or to decide on remedies under Article 35.
Amendment 492 #
Proposal for a regulation
Article 37 – paragraph 1 – point c a (new)
Article 37 – paragraph 1 – point c a (new)
(ca) the development and management of a unit to carry out ‘sweeps’, as specified in Article 30;
Amendment 493 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. In the case of fines, the maximum amount of penalties shall be at least 4 8% of the economic operator’s or, where applicable, online marketplace’s annual turnover in the Member State or Member States concerned.
Amendment 494 #
Proposal for a regulation
Article 40 – paragraph 8 – point b
Article 40 – paragraph 8 – point b
Amendment 496 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products while taking into account its impact on businesses and in particular on small and medium-sized enterprises, in particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate, the challenges posed by new technologies and by online marketplaces, and an evaluation of the number of accidents since implementing the Regulation.