Activities of Matteo SALVINI related to 2013/0048(COD)
Plenary speeches (1)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on market surveillance of products and amending Council Directives 89/686/EEC and 93/15/EEC, and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 1999/5/EC, 2000/9/EC, 2000/14/EC, 2001/95/EC, 2004/108/EC, 2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 2009/105/EC, 2009/142/EC, 2011/65/EU, Regulation (EU) No 305/2011, Regulation (EC) No 764/2008 and Regulation (EC) No 765/2008 of the European Parliament and of the Council PDF (618 KB) DOC (776 KB)
Amendments (27)
Amendment 73 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to make the entire market surveillance process transparent and easy to follow for both market surveillance authorities and economic operators, the Regulation should clearly set out the chronological steps of that process, from the moment when market surveillance authorities identify a product which they believe may present a risk, to the assessment of the risk presented, the corrective action to be taken by the relevant economic operatorparty responsible for placing the product on the market within a specified period and the measures to be taken by market surveillance authorities themselves if economic operatorsthose responsible for placing on the market do not comply or in cases of urgency.
Amendment 81 #
Proposal for a regulation
Recital 21
Recital 21
(21) Market surveillance authorities should be given the power to destroy products, render inoperable or order their destruction by the relevant economic operator, if they deem it necessary and proportionate to ensure that such goods cannot pose any further threats. The relevant economic operator should bear all the costs related to those actions.
Amendment 87 #
Proposal for a regulation
Recital 33
Recital 33
(33) 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 dissuasive and include administrative penalties harmonised Union-wide. To that end it is necessary to allow for the seriousness of the infringement, company size and the situation of SMEs in particular, and the roles played by individual businesses within the supply chain, with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety. Member States should ensure that the proceeds obtained from such administrative penalties are used for market surveillance activities.
Amendment 88 #
Proposal for a regulation
Recital 34
Recital 34
(34) Market surveillance should be financed at least in part by fees charged to economic operatorschiefly by Member States and only to a very limited extent by penalties charged to economic operators responsible for placing on the market where they are required by market surveillance authorities to take corrective action or where those authorities are obliged to take action themselves. In such cases it will, however, be necessary to allow for the seriousness of the infringement, company size and the situation of SMEs in particular, and the roles played by individual businesses within the supply chain, with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety.
Amendment 90 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards uniform conditions for the carrying -out of checks by reference to particular product categories or sectors, including the scale of checks to be carried out and the adequacy of samples to be checked. Implementing powers should also be conferred as regards the modalities for the provision of information to market surveillance authorities by economic operators, as regards establishing uniform conditions for determining cases in which such information need not be provided. Economic operators should not, in any event, be called upon to supply information other than that which they are required to know by virtue of their role within the supply chain. Implementing powers should also be conferred as regards the modalities and procedures for the exchange of information through RAPEX and as regards the adoption of temporary or permanent marketing restrictions on products presenting a serious risk, where appropriate, specifying the necessary control measures to be taken by the Member States for their effective implementation where other Union legislation does not provide a specific procedure to address the risks in question. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of its implementing powers.
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘ 'product presenting a safety risk’' means a product havingwhich has the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13 b (new)
Article 3 – paragraph 1 – point 13 b (new)
(13b) 'product presenting a regulatory risk' means a product which fails to comply with applicable Union legislation;
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘'product presenting a serious risk’' means a product presenting a risk requiring rapid intervention and follow-up, including cases where the effects may not be immediate; any product that does not meet an essential requirement defined in the Union harmonisation legislation, as well as any product that does not meet the general safety requirement as defined in the mandate given by the Commission to the standardisation organisation shall be considered as presenting a serious risk;
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14 b (new)
Article 3 – paragraph 1 – point 14 b (new)
(14b) 'product models' means products that are considered to be distinct as presenting identical or similar essential characteristics, with differences, if any, having no impact on their safety level, unless otherwise proven by the manufacturer and or the importer.
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk, and products that are not compliant with the applicable Union legislation are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product and to put an end to its non-compliance.
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. Market surveillance authorities shall take duly into account the seriousness of the risk and the precautionary principle. They shall accordingly carry out sample checks on sufficient numbers of products enabling conformity and the real risk posed to be assessed.
Amendment 181 #
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) testing laboratories specialised in the commodity categories to which products to be tested belong, in accordance with the criteria set out in Article 28;
Amendment 191 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. Manufacturers and importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or on its packaging or in a document accompanying the product. The address shall indicate a single point at which the manufacturer or the importer can be contacted.
Amendment 224 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator responsible for placing the product on the market to rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities shall ensure that the product is withdrawn or recalled.
Amendment 226 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Without prejudice to Article 10(4), where market surveillance authorities find that a product does present a risk they shall without delay specify the necessary corrective action to be taken by the relevant economic operatorparty responsible for placing the product on the market to address the risk within a specified period. Market surveillance authorities may recommend or agree with the relevant economic operatorparty responsible for placing the product on the market the corrective action to be taken.
Amendment 229 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
The economic operatorparty responsible for placing on the market shall ensure that all necessary corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union.
Amendment 231 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 3 – introductory part
Article 9 – paragraph 3 – subparagraph 3 – introductory part
The economic operatorparty responsible for placing on the market shall provide all necessary information to market surveillance authorities pursuant to Article 8, and in particular the following information:
Amendment 233 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 4
Article 9 – paragraph 3 – subparagraph 4
Where possible, market surveillance authorities shall identify the manufacturer or importer of the product and take action in relation to that economic operator in addiit is not possible to identify the party responsible for placing the product on the market, market surveillance authorities shall take action in relation to the distributor.
Amendment 235 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Corrective action to be taken by economic operatorsthose responsible for placing on the market in relation to a product presenting a risk may include:
Amendment 250 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Market surveillance authorities may destroy or otherwise render inoperable a product presenting a risk where they deem it necessary and proportionate. They may require the relevant economic operator responsible for placing that product on the market to bear the cost of such action.
Amendment 262 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Market surveillance authorities may charge fees on economic operators which wholly orresponsible for placing on the market which partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraphs 1 or 4. The fees shall be calculated on the basis of the actual cost of each market surveillance activity and shall be charged to those economic operators which are responsible for placing on the market and subject to the market surveillance activities in question according to their role within the supply chain, taking into account company size and the situation of SMEs in particular as well as the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety. Such fees may not exceed the actual costs of the market surveillance activities carried out and may fully or partially reflect the time spent by market surveillance authority personnel in carrying out the above-mentioned checks.
Amendment 271 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
1. Where it is evident that a product, or a specific category or group of products, when used in accordance with the product's intended purpose or under conditions which can be reasonably foreseeable, presents a serious risk the Commission may, by means of implementing acts, take any appropriate measures depending on the gravity of the situation, including measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their marketing,. In addition to the measures specifically set forth in this Regulation, the Commission may take any other appropriate emergency measures in order to ensure a high level of protection of the public interest, provided that the risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned or by any other procedure under Union legislation. By those implementing acts, the Commission may lay down the appropriate control and precautionary measures to be taken by Member States to ensure their effective implementation. The market surveillance authorities shall identify risks arising in connection with products covered by this Regulation and the characteristics of such risks by complying with any possible indications and instructions that may be given by the Commission in relation to the actual methods, grids and criteria to be used in performing risk assessment. The market surveillance authorities shall record this information in the information and communication system for market surveillance referred to in Article 21. As appropriate, such implementing acts shall include the definition of the product models on which the tests are to be performed, regardless of those defined by the economic operator, as well as the risk assessment criteria. The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 32(2).
Amendment 282 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
1. Risk assessment shall be based on available scientific or technical evidence. Risk assessment shall be carried out in accordance with the general risk assessment methodology established by the Commission and, as appropriate, in accordance with the application made by the Commission for a specific category of products.
Amendment 296 #
Proposal for a regulation
Article 13 – paragraph 4 c (new)
Article 13 – paragraph 4 c (new)
4c. The Commission may, of its own initiative or at the request of a surveillance authority, have a risk assessment carried out by a European Union reference laboratory, in accordance with Article 28. Such assessment shall be binding on all stakeholders.
Amendment 311 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Market surveillance authorities shall request subcontractors to directly charge the cost of their services to the economic operator concerned unless the market surveillance authority considers this measure to be disproportionate, where they take measures in accordance with paragraph 1. Market surveillance authorities may charge fees which wholly or partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraph 1and work performed.
Amendment 388 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
The penalties referred to in the first subparagraph shall have regard to the seriousness of the infringement, the size of the undertakings and in particular to the situation of small and medium-sized enterprisesSMEs, and to the roles played by individual undertakings within the supply chain, with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety. The penalties may be increased if the relevant economic operator responsible for placing on the market has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 391 #
Proposal for a regulation
Article 33
Article 33
No later than [five] years after the date of application, the Commission shall assess the application of this Regulation and transmit an evaluation report to the European Parliament and the Council. That report shall assess if this Regulation achieved its objectives, in particular with regard to ensuring more effective and efficient enforcement of product safety rules and Union harmonisation legislation, improving cooperation between market surveillance authorities, strengthening the controls of products entering the Union and better protecting the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment, energy efficiency, public security and other public interests, taking into account its impact on business and in particular on small and medium-sized enterprises. In addition, that report shall explore new and innovative, market-based solutions that could effectively complement the market surveillance actions carried out by the market surveillance authorities, and shall include, but not be limited to, exploring the potential of compulsory third party auditing schemes, together with compulsory third party collection and sampling of products tested.