6 Amendments of Andreas SCHWAB related to 2022/0302(COD)
Amendment 98 #
Proposal for a directive
Recital 17
Recital 17
(17) In the interests of legal certainty, it should be clarified that personal injury includes medically recognised damage to psychological health, that is to say an adverse effect on the victim’s psychological integrity of such gravity or intensity that it affects the victim’s general state of health and that it cannot be resolved without medical treatment.
Amendment 124 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that injured persons have an enforceable claim for compensation where a manufacturer is established outside the Union, it should be possible to hold the importer of the product and the authorised representative of the manufacturer liable. The authorized representative should be verifiable and have access to personnel with sufficient and relevant knowledge and experience to have a meaningful impact. Practical experience of market surveillance has shown that supply chains sometimes involve economic operators whose novel form means that they do not fit easily into the traditional supply chains under the existing legal framework. Such is the case, in particular, with fulfilment service providers, which perform many of the same functions as importers but which might not always correspond to the traditional definition of importer in Union law. In light of the role of fulfilment service providers as economic operators in the product safety and market surveillance framework, in particular in Regulation (EU) 2019/1020 of the European Parliament and of the Council46, it should be possible to hold them liable, but given the subsidiary nature of that role, they should be liable only where no importer or authorised representative is based in the Union. In the interests of channelling liability in an effective manner towards manufacturers, importers, authorised representatives and fulfilment service providers, it should be possible to hold distributors liable only where they fail to promptly identify a relevant economic operator based in the Union. _________________ 46 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 156 #
Proposal for a directive
Recital 37
Recital 37
(37) The moment of placing on the market or putting into service is normally the moment at which a product leaves the control of the manufacturer, while for distributors it is the moment when they make the product available on the market. Therefore manufacturers should be exempted from liability where they prove that it is probable that the defectiveness that caused the damage did not exist when they placed the product on the market or put it into service or that it came into being after that moment. However, since digital technologies allow manufacturers to exercise control beyond the moment of placing the product on the market or putting into service, manufacturers should remain liable for defectiveness that comes into being after that moment as a result of software or related services within their control, be it in the form of upgrades or updates or machine-learning algorithms. Such software or related services should be considered within the manufacturer’s control where they are supplied by that manufacturer or where that manufacturer authorises them or otherwise influences their supply by a third party. Where an economic operator has no control over software and software updates to maintain the safety of the product because the only action of the operator is the programming by means of the software to adapt the product to customer preferences, the operator shall not be presumed the manufacturer of the product, and hence, should not be held liable.
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
(11) ‘manufacturer’ means any natural or legal person who develops, deploys, manufactures or produces a product or has a product designed or manufactured, orand who markets that product under its name or trademark or who develops, manufactures or produces a product for its own use;
Amendment 254 #
Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)
Article 4 – paragraph 1 – point 17 a (new)
(17a) 'Authorised representative' means any natural or legal person established within the Union who has received and accepted a written mandate from a manufacturer, to act on the manufacturer’s behalf in relation to specified tasks with regard to the latter’s obligations under this directive;
Amendment 262 #
Proposal for a directive
Article 4 – paragraph 1 – point 17 c (new)
Article 4 – paragraph 1 – point 17 c (new)
(17c) ‘obvious malfunction’ means the undisputable failure of a product to operate normally during its designated use.