31 Amendments of Christel SCHALDEMOSE related to 2013/0048(COD)
Amendment 78 #
Proposal for a regulation
Recital 18
Recital 18
(18) For the purposes of this Regulation risk assessment should be carried out to identify products which have the potential to affect adversely the public interests protected by [Regulation (EU) No xxxx (on consumer product safety)], sector- specific Union harmonisation legislation and other Union legislation on products that are subject to this Regulation. It should include, where available, data on risks that have materialised previously with respect to the product in question. Account should also be taken of any measures that may have been taken by the economic operators concerned to alleviate the risks. The particular potential vulnerability of consumers, as opposed to professional users, should be taken into special account as should the increased vulnerability of certain categories of consumer such as children, the elderly or the disabled.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment, public security and other public interests, and ensuring a level-playing field for economic operators.
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The implementation of market surveillance activities and external border controls shall be monitored by the Member States which shall report on these activities and controls to the Commission every year. The information reported shall include statistics regarding the number of controls carried out and shall be communicated to all Member States. Member States may make a summary of the results accessiand results of controls of each type carried out. These statistics shall be communicated to all Member States and shall be made available to the public.
Amendment 139 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall establish or designate market surveillance authorities and define their duties, powers and organisation.
Amendment 140 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Market surveillance authorities shall be given the powers and entrusted with the resources and means necessary for the proper and comprehensive performance of their tasks.
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Each Member State shall establish appropriatsufficient and comprehensive mechanisms to ensure that the market surveillance authorities that it has established or designated exchange information, cooperate and coordinate their activities both among themselves and with the authorities in charge of controls of products at the external borders of the Union.
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall inform the public of the existence, responsibilities, powers, available resources, cooperation mechanisms and identity of national market surveillance authorities and how those authorities may be contacted.
Amendment 144 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of products, irrespective of the distribution channels and selling techniques, on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. For the sample checks, they shall use 2 % of all products placed on the market per year as an indicative target for each Member State. They shall record these checks in the information and communication system for market surveillance referred to in Article 21.
Amendment 156 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. Where appropriate, market surveillance authorities shall alert users in their territories within an adequate timeframeout delay of the identity of products that those authorities have identified as presenting a risk.
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Market surveillance authorities shall carry out their duties independently, impartially and without bias and shall fulfil their obligations under this Regulation; they shall exercise their powers in relation to economic operators in accordance with the principle of proportionality and with due regard to the precautionary principle as laid down in Article 191(2) of the Treaty (TFEU).
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 5 – point c a (new)
Article 6 – paragraph 5 – point c a (new)
(ca) monitor accidents and harm to health which are suspected to have been caused by those products.
Amendment 177 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Each Member State shall draw up a general market surveillance programme and shall review that programme, and update it if necessary, at least every four years. The programme shall cover market surveillance organisation and related activities and take into account the specific needs of business generally, and SMEs in particular,and consumers when implementing Union harmonisation legislation and Regulation (EU) No […/…] [on consumer product safety], and provide for guidance and assistance. It shall include the following:
Amendment 238 #
Proposal for a regulation
Article 9 – paragraph 4 – point b – point iii
Article 9 – paragraph 4 – point b – point iii
(iii) alerting the persons at risk to the risk, in good time and in an appropriate formwithout undue delay, including by publication of special warnings;
Amendment 264 #
Proposal for a regulation
Article 10 – paragraph 8 b (new)
Article 10 – paragraph 8 b (new)
8b. Any funds or revenues obtained through such fees shall be earmarked to the financing of the activities of market surveillance authorities.
Amendment 284 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
For products subject to Regulation (EC) No 1907/2006, risk assessment shall be carried out as appropriate in accordance with the relevant parts of Article 57 and Annex I to that Regulation.
Amendment 292 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Compliance with any of the criteria referred to in points (a), (b) and (c) of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate. However, this shall not prevent market surveillance authorities from taking action under this Regulation where there is new evidence that, despite such conformity or compliance, the product presents a risk.
Amendment 305 #
Proposal for a regulation
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
3b. The corrective measures of the market surveillance authorities must be proportionate to the seriousness of the non-compliance.
Amendment 324 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. The Commission shall publish a weekly overview of the products posing a serious risk as reported by the national authorities. The weekly overview shall cover measures taken by national authorities as well as measures taken voluntarily by economic operators.
Amendment 333 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Amendment 341 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point f a (new)
Article 20 – paragraph 2 – subparagraph 1 – point f a (new)
(fa) website and alternative contact details for consumers;
Amendment 342 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point f b (new)
Article 20 – paragraph 2 – subparagraph 1 – point f b (new)
(fb) whether the product is known to be counterfeit;
Amendment 357 #
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a Pan-European Injuries Database 1. A Pan-European Injuries Database (IDB), which would cover all types of injuries, and namely those related to products used at home and for leisure, transportation and work activities, shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database that is comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the co- ordination of the collection of data from Member States and the operation of the database.
Amendment 365 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The EMSF may invite experts and other third parties to attend meetings or provide written contributions. Organisations representing the interests of industry, small and medium-sized enterprises, consumers, laboratories and conformity assessment bodies at Union level may be consulted on the yearly market surveillance programme.
Amendment 368 #
Proposal for a regulation
Article 27 – paragraph 1 – point g
Article 27 – paragraph 1 – point g
(g) to organise information campaigns and joint visit programmes, including controls at borders;
Amendment 374 #
Proposal for a regulation
Article 27 – paragraph 1 – point l b (new)
Article 27 – paragraph 1 – point l b (new)
(lb) to organise specific and regular market surveillance campaigns on products that are distributed on-line;
Amendment 375 #
Proposal for a regulation
Article 27 – paragraph 1 – point l c (new)
Article 27 – paragraph 1 – point l c (new)
(lc) to ensure adequate involvement of and cooperation with customs authorities;
Amendment 376 #
Proposal for a regulation
Article 27 – paragraph 1 – point l d (new)
Article 27 – paragraph 1 – point l d (new)
(ld) to contribute to a streamlining of administrative and enforcement practices with regard to market surveillance in the Member States;
Amendment 379 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. Each Union reference laboratory must be independent and shall satisfy the following criteria:
Amendment 381 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. The independence of Union reference laboratories of commercial interests and conflicts of interest must be ensured through the procedures as stated in Chapter II of Regulation 765/2008 with regard to national accreditation bodies.
Amendment 387 #
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 size of the undertakings and in particular to the situation of small and medium-sized enterpriseseriousness of the infringement and the amount of undue revenue derived from it. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 392 #
Proposal for a regulation
Article 34 – paragraph 1 – point q
Article 34 – paragraph 1 – point q
(q) Articles 39, 40, 42 to 45 of Directive 2009/48/EC;