Activities of Heide RÜHLE related to 2013/0049(COD)
Shadow reports (1)
REPORT 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 PDF (690 KB) DOC (867 KB)
Amendments (20)
Amendment 82 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Products are not likely to be used by consumers if they are intended, under reasonably foreseeable conditions, for the exclusive use by professionals and explicitly labelled and presented as such.
Amendment 87 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Products subject to Union harmonisation legislation that does not lay down essential requirements but by which or pursuant to which health and safety aspects related to the use of such products should be taken into account, should be presumed to be in compliance with the general safety requirement, provided that they comply with that legislation.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 3 – point i a (new)
Article 2 – paragraph 3 – point i a (new)
(ia) construction products on the basis of the Regulation (EU) No. 305/2011 of March 2011.
Amendment 125 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Chapters II to IV of this Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to itwhich lays down, or provides the means for laying down, the requirements that apply to those products and that are designed to protect health and safety of persons.
Amendment 141 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products. It defines the essential requirements which products must comply with in order to be placed on the European market.;
Amendment 143 #
Proposal for a regulation
Article 5 – introductory part
Article 5 – introductory part
For the purpose of this Regulation, a product shall be presumed to be in compliance with the general safety requirement laid down in Article 4safe in the following cases:
Amendment 145 #
Proposal for a regulation
Article 5 – point a
Article 5 – point a
(a) as regards the risks covered by requirementsUnion harmonisation legislation designed to protect human health and safety laid down in or pursuant to Union harmonisation legislation, if it conforms to those requirementsof persons if it conforms to the requirements laid down in or by means of such Union harmonisation legislation;
Amendment 149 #
Proposal for a regulation
Article 5 – point c
Article 5 – point c
(c) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a) and European standards referred to in point (b), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms tomplies with such national requirementsules provided they are in accordance with Union law.
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d
Article 6 – paragraph 1 – subparagraph 1 – point d
(d) the categories of consumers at risk when using the product, in particular vulnerable consumer under reasonably foreseeable conditions, in particular vulnerable consumers such as children, the elderly and the disabled, while taking into account vulnerability due to specific product categories;
Amendment 212 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Proportionate to the possible risks of a product, manufacturers shall draw up a technical documentation for categories of products. The technical documentation shall contain, as appropriate:
Amendment 215 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point a
Article 8 – paragraph 4 – subparagraph 1 – point a
(a) a general description of the product category and its essential properties relevant for assessing the product's safety;
Amendment 218 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point b
Article 8 – paragraph 4 – subparagraph 1 – point b
(b) an analysis of the possible risks related to the product category and the solutions adopted to eliminate or mitigate such risks, including the outcome of any tests conducted by the manufacturer or by another party on his behalf;
Amendment 220 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point c
Article 8 – paragraph 4 – subparagraph 1 – point c
(c) where applicable, a list of the European standards referred to in point (b) of Article 5 or health and safety requirements laid down in the law of the Member State where the product iss are made available on the market referred to in point (c) of Article 5, or other aspects referred to in Article 6(2), applied to meet the general safety requirement laid down in Article 4.
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of ten years after the product has been placed on the market, the technical documentation and make it available to the market surveillance authorities, uponwhether in electronic form or not, upon reasoned request.
Amendment 236 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, the information will be provided on its packaging or in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 240 #
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language or in such a way which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 253 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9a. Manufacturers shall ensure that they have procedures in place for taking corrective action, withdrawing or recalling their products and make them available to the market surveillance authorities, upon request.
Amendment 292 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Distributors shall ensure that they have procedures in place for taking corrective action, withdrawing or recalling their products and make them available to the market surveillance authorities, upon request
Amendment 318 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 334 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The system of traceability shall include facilities to extend traceability of products out to the consumer through voluntary opt-in measures.