15 Amendments of Margrete AUKEN related to 2017/0353(COD)
Amendment 54 #
Proposal for a regulation
Recital 33
Recital 33
(33) To ensure the reliability and consistency of testing across the Union in the market surveillance framework, the Commission should designate Union testing facilities. Furthermore, a more comprehensive information system should be developed for sharing test results within the Union in order to avoid unnecessary duplication and to ensure greater consistency at Union level. Union testing facilities competence centres should act as knowledge centres in respect of known and emerging risks and also assist the Union and Member States to develop joint state of the art testing methodologies related to chemicals in consumer products.
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all products that areplaced on the market, whether they are products subject to the Union harmonisation legislation set out in the Annex to this Regulation (‘Union harmonisation legislation’) or non- harmonised products.
Amendment 67 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The application of this Regulation shall not prevent market surveillance authorities from taking more specific measures as provided for in Directive 2001/95/EC. Those authorities are to always act on the basis of the precautionary principle, in particular when it comes to health and the environment.
Amendment 101 #
Proposal for a regulation
Article 7
Article 7
Amendment 116 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the effective surveillance of the market within their territory with respect to anyll products; that are subject to the Union harmonisation legislation set out in the Annexis surveillance entails that at least 20% of products placed on the market in each category is checked;
Amendment 120 #
2. Market surveillance authorities shall perform controls as part of their activities set out in paragraph 1, on a risk- based approach and in accordance with the precautionary principle, taking into account, as a minimum, the following factors:
Amendment 123 #
Proposal for a regulation
Article 12 – paragraph 2 – point a – introductory part
Article 12 – paragraph 2 – point a – introductory part
(a) the identified and potential risks associated with:
Amendment 124 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point a
Article 12 – paragraph 3 – subparagraph 1 – point a
(a) the product is liable, or is suspected of being able, to compromise the health, security or safety of end-users;
Amendment 129 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Where the products are withdrawn, recalled, prohibited or restricted, the market surveillance authority shall ensure that the Commission through the Network established under Article 31, the Union testing facilities, other Member States and end-users are informed accordingly.
Amendment 134 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall draw up a national market surveillance strategy, as a minimum, every 3 years to follow the fast development of markets. The strategy shall promote a consistent, comprehensive and integrated approach to market surveillance and enforcement of Union harmonisation legislation within the territory of the Member State and shall include all sectors and stages of the product supply chain, including imports and digital supply chains.
Amendment 140 #
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the power to take temporary and final measures, where there are no other effective means available to prevent a serious risk, including in particular temporary measures requiring hosting service providers to remove, disable or restrict access to content or to suspend or restrict access to a website, service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time;
Amendment 144 #
Proposal for a regulation
Article 14 – paragraph 3 – point m
Article 14 – paragraph 3 – point m
(m) the power to order the restitution of profits obtained as a result of an instance of non-compliance and demand companies to refund affected consumers;
Amendment 148 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Market surveillance authorities shall exercise their powers in accordance with the principle of proportionalityecautionary principle.
Amendment 154 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. ATo prevent conflicts of interest, a notified body or any other conformity assessment body designated pursuant to Union harmonisation legislation may not be designated as a Union testing facility.
Amendment 155 #
(e a) act as a knowledge centre in respect of risks and emerging risks, for example in relation to chemicals that are classified as carcinogenic, mutagenic and toxic for reproduction or other substances of concern in consumer products such as endocrine disrupters and sensitizers. Union testing facilities shall also assist the Commission and Member States to develop joint state of the art testing methodologies related to chemicals in consumer products. Close relationships shall be established between the European Chemicals Agency and the knowledge centre of the Union testing facilities to avoid overlaps and ensure optimal support for the Member States market surveillance and enforcement activities.