Activities of Jörg LEICHTFRIED related to 2013/0049(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC
Amendments (13)
Amendment 14 #
Proposal for a regulation
Recital 20
Recital 20
(20) Ensuring product identification and theIt is essential to ensure that all products placed on the EU market are safe so as to guarantee a high level of protection for consumers among others. Stresses that the product identification, indication of origin and traceability of products throughout the entire supply chain will helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. In this regard European Parliament urges the commission to establish a public Consumer Product Safety Information Database, to raise awareness of dangerous products across borders in the internal market. Calls on the Commission to allow product safety professionals, producers, trade and consumer organisations and national authorities to have access to all relevant information while ensuring the necessary confidentiality. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 21 #
Proposal for a regulation
Recital 21
Recital 21
(21) Underlines the necessity of product traceability and tracking labels for determining the country of origin of the product and the manufacturer responsible; It is vital to ensure reliable traceability throughout all stages of the life of a product, but to ensure at the same time that this does not lead to increased administrative burdens. The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture, to enable consumers to be informed about the sustainability of a product in terms of social, environmental and manufacturing standards as well as about the quality and safety of the product itself. Such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions. Therefore calls on the Commission to play a more active role in coordinating the activities of the European market surveillance authorities, the customs authorities and the competent authorities of the Member States and Third Countries.
Amendment 24 #
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasiveIt is vital that the penalties are harmonised in all Member States, to avoid more importation and distribution in states where penalties are less strict than in others. Those penalties must be proportionate regarding the quantity, the value of the good and the length of time it has been available on the market, as well as effective and deterrent.
Amendment 27 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 36 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, wof products have to indicate the country of origin to enable the traceability of goods within the supply chain. Furthermore the indication of the country of origin has a vital role regarding product recalls or withdraws of dangerous products from the EU market. The manufacturers or importers have to secure that the country of origin is indicated on all products sold within the European Union, regardless if the product is from an EU or non-EU- country. Where the size orand/or the nature of the product does not allow it, thatthe indication of origin on the product, the indication ihas to be provided on the packaging or in a documentn accompanying the producdocument.
Amendment 46 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importersthe "made in" label may refer to the Union or to a particular Member State. The name and address of the manufacturer should be provided as well on all consumer products placed on the EU market. The origin information on products will enhance the effectiveness of market surveillance authorities when tracing dangerous products on the EU market.
Amendment 47 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Calls the Commission to ensure that the manufacturers should in addition to the "made in" labelling, provide information about the safety of their products to the public authorities. Stresses that, obligations for distributors should be compulsive to check if the manufacturer or importer has labelled the consumer product in proper form before selling or offering it on the EU market.
Amendment 64 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [insert date - 3 months prior to the date of application of this Regulation] and shall notify it without delay of any subsequent amendment affecting them. The penalties provided for may be proportionate to the quantity, the value of the good and the length of time it has been available on the market.
Amendment 80 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 97 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential that all products made available on the European internal market should be safe in order to guarantee a high level of consumer protection. Ensuring product identification, indication of origin and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. In this context, the Commission should establish a public product safety database, with due regard for the necessary confidentiality, in order to cultivate awareness of dangerous products internationally in the internal market. The Commission should make all relevant information available to consumer protection organisations, other experts and national authorities. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 103 #
Proposal for a regulation
Recital 21
Recital 21
(21) Ensuring the traceability of a product throughout its life cycle and the use of tracking labels to determine the country of origin and the manufacturer responsible are very important and necessary. At the same time, the measures concerned should not result in a disproportionate administrative burden. The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture. At the same time the indication of origin can help consumers to obtain information about the sustainability of a product with reference to social and ecological standards, as well as about general safety and quality. Such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions. The Commission should therefore also play a more active role in coordinating the activities of European market surveillance authorities, customs authorities and other competent authorities of the Member States and third countries.
Amendment 194 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers must indicate the country of origin of a product to ensure the traceability of a product within the supply chain. Manufacturers and importers shall ensure that all products – irrespective of whether they originate in the EU or in a third country – bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. Distributors must ensure that the country of origin has been indicated appropriately by the manufacturer or importer before they make a product available on the European internal market.
Amendment 345 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the size of the undertakings and in particular to the situation of small and medium-sized enterprises. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. The penalties may also be increased in proportion to number and value and to the period for which a product has been made available on the market.