20 Amendments of Christel SCHALDEMOSE related to 2021/0170(COD)
Amendment 213 #
Proposal for a regulation
Recital 26
Recital 26
(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. Online marketplaces may also enable the sale of products on the EU market for which no EU manufacturer, no importer or no other party based in the EU is liable for the safety of the product.
Amendment 224 #
Proposal for a regulation
Recital 32
Recital 32
(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 238 #
Proposal for a regulation
Recital 38
Recital 38
(38) Direct selling by economic operators established outside the Union through online channels hinders the work of market surveillance authorities when tackling dangerous products in the Union, as in many instances economic operators may not be established nor have a legal representative in the Union. It is therefore necessary to ensure that market surveillance authorities have adequate powers and means to effectively tackle the sale of dangerous products online. In order to ensure an effective enforcement of this Regulation, the obligation set out in Article 4(1), (2) and (3) of Regulation 2019/1020 should be extended also to products falling outside the scope of the Union harmonisation legislation to ensure that there is a responsible economic operator established in the Union, which is entrusted with tasks regarding such products, providing market surveillance authorities with an interlocutor and performing specific tasks in a timely manner. Online marketplaces should have an importer responsibility in cases where they enable the sale of products sold by traders based outside the EU and for which no economic operator is liable for the product inside the Union. This should also apply in case an EU trader is untraceable, for example because an online marketplace has failed to comply with [Article 22] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 321 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
10. ‘importer’ means any natural or legal person including online marketplaces established within the Union who places a product from a third country on the Union market;
Amendment 323 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘economic operator’ means the manufacturer, the authorized representative, the importer, the distributor, the fulfilment service provider, the online marketplace or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market in accordance with this Regulation In the absence of either a manufacturer established in the Union or an importer, online marketplaces are considered economic operators for products of which they facilitate the initiation of transactions. This also applies in case the online marketplace has not verified whether a manufacturer established in the Union or an importer is available;
Amendment 512 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 517 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Notwithstanding any obligations set out in applicable Union harmonisation legislation, a product subject to this Regulation may be placed on the market only if there is an economic operator established in the Union who is responsible for the tasks set out in paragraph 3 in respect of that product.
Amendment 518 #
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1 b. For the purposes of this Article, the economic operator referred to in paragraph 1 means any of the following: (a) a manufacturer established in the Union; (b) an importer, where the manufacturer is not established in the Union; (c) an authorised representative who has a written mandate from the manufacturer designating the authorised representative to perform the tasks set out in paragraph 3 on the manufacturer's behalf; (d) a fulfilment service provider established in the Union with respect to the products it handles, where no other economic operator as mentioned in points(a), (b) and (c) is established in the Union. (e) an online marketplace where no other economic operator as mentioned in points (a), (b), (c) and (d) is established in the Union.
Amendment 519 #
Proposal for a regulation
Article 15 – paragraph 1 c (new)
Article 15 – paragraph 1 c (new)
Amendment 520 #
Proposal for a regulation
Article 15 – paragraph 1 d (new)
Article 15 – paragraph 1 d (new)
1 d. Unless otherwise communicated by the economic operators, the following order should be followed by market surveillance authorities when determining which operator is the responsible economic operator: 1. Authorised representative with a mandate from the manufacturer to perform this task 2. EU-based manufacturer 3. Importer 4. Fulfilment service provider 5. Online marketplace
Amendment 606 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5 a. Online marketplaces shall immediately exclude from their online interfaces the traders providing incomplete or incorrect information and the traders failing to comply with the rules laid down in this Regulation.
Amendment 609 #
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5 b. Online marketplaces shall report those traders to Member State competent authorities and to the European Commission through the Business Safety Gateway.
Amendment 612 #
Proposal for a regulation
Article 20 – paragraph 6 – introductory part
Article 20 – paragraph 6 – introductory part
6. Online marketplaces shall cooperate with the market surveillance authorities and with relevant economic operatorother authorities in charge of consumer protection, relevant economic operators, consumer and other civil society organisations to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services. That cooperation shall include in particular:
Amendment 614 #
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recallscarrying out recalls directly and offering remedies to consumers if the responsible economic operator fails to take adequate and timely action;
Amendment 618 #
Proposal for a regulation
Article 20 – paragraph 6 – point b
Article 20 – paragraph 6 – point b
(b) informing the market surveillancecompetent authorities of any action taken;
Amendment 621 #
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access toProviding competent authorities access to relevant trader and product data and their interfaces for theto deploy online tools operated by market surveillance authorities to identify and remove dangerous products;
Amendment 624 #
Proposal for a regulation
Article 20 – paragraph 6 – point e
Article 20 – paragraph 6 – point e
(e) upon request of the market surveillancecompetent authorities, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities and other competent authorities.
Amendment 626 #
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
6 a. Online marketplaces should verify whether a manufacturer established in the Union or an importer is available for each product they facilitate the transaction of. If no such economic operator is available, the online marketplace will be required to comply with the obligations set out in Article 10.
Amendment 634 #
Proposal for a regulation
Article 20 – paragraph 6 b (new)
Article 20 – paragraph 6 b (new)
6 b. Online marketplaces shall verify that any applicable EU declaration of conformity or declaration of performance has been drawn up correctly.
Amendment 636 #
Proposal for a regulation
Article 20 – paragraph 6 c (new)
Article 20 – paragraph 6 c (new)
6 c. Online marketplaces shall periodically carry out sample testing to identify possible non-compliance and safety issues of randomly chosen products made available on the market of which they facilitate the transaction and for which no manufacturer or importer is based in the Union.