28 Amendments of Pascal ARIMONT related to 2021/0170(COD)
Amendment 132 #
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 productsafety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much as it cansuch hazards also ultimately result in a risk to the health and safety of consumers. _________________ 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 149 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.
Amendment 151 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.
Amendment 152 #
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) The obligations of economic operators should be as less of an administrative burden as possible and some of the obligations should be limited to products with a potential serious risk. If digital consumer information tools are available, the economic operators should be allowed to make use of them to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.
Amendment 159 #
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 could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.
Amendment 165 #
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 PHowever, the progress reports on the implementation of the product Ssafety Ppledge has proved its rationale in enhancing theve outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protection ofng consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field could not be successfully reached by this pledge until now.
Amendment 167 #
Proposal for a regulation
Recital 29
Recital 29
(29) Online marketplaces should act with due care in relation to the content hostsafety of products placed on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level- playing field.
Amendment 195 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular on products that have been mostly listed on the Safety Gate.
Amendment 196 #
Proposal for a regulation
Recital 50
Recital 50
(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enablesneeds to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.
Amendment 204 #
Proposal for a regulation
Recital 58
Recital 58
(58) Market surveillance authorities mightshould 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 situations which might distort competition or affect the objectivity, independence and impartiality of the parties.
Amendment 205 #
Proposal for a regulation
Recital 59
Recital 59
(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any tangible or intangible item, 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;
Amendment 266 #
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;
Amendment 284 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. For digital connected products likely to impact children, manufacturers shall conduct a child risk assessment ensuring their products meet the highest standards of safety, security and privacy by design.
Amendment 288 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, like a customer service, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.
Amendment 295 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keepinform distributors, importers and, online marketplaces and fulfilment service providers in the concerned supply chain informedwithout undue delay of any safety issue that they have identified.
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product that might present a serious risk. The technical documentation shall contain, as appropriate:
Amendment 308 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a digital document accompanying the product. Upon request of the consumer, it should be made available on paper and free of charge.
Amendment 322 #
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 manufacturer and additionally, if necessary, the importer, the distributor and the fulfilment service provider without undue delay;
Amendment 327 #
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) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informedwithout undue delay.
Amendment 363 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 410 #
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 and to avoid its reappearance. Such orders shall contain a clear statement of reasons and specify one or more exact uniform resource locators and, where necessary, all available additional information enabling the identification of the illegal content concerneddangerous product concerned ideally without further research. They may be transmitted by means of the Safety Gate portal.
Amendment 419 #
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 fivetwo working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 438 #
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;
Amendment 441 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Commission shall further develop and maintain aodernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’), as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories.
Amendment 467 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Market surveillance authorities may decide toshall conduct simultaneous coordinated control actions (“sweeps”) of particular product categories ton a regular basis, at least once a year, in which they check compliance with or to detect online and offline infringements to this Regulation.
Amendment 477 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.
Amendment 481 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces according to paragraph 1 of this Article, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.