16 Amendments of Antonius MANDERS related to 2023/0290(COD)
Amendment 82 #
Proposal for a regulation
Recital 6
Recital 6
(6) Toys are also subject to Regulation (EU) 2023/988 on general product safety25 , which applies in a complementary manner in matters not covered by specific sectoral legislation on consumer products. In particular, Section 2 of Chapter III and Chapter IV in relation to online sales, Chapter VI on the Safety Gate Rapid Alert System and Safety Business Gateway and Chapter VIII on the right of information and remedy also apply to toys. Therefore, this Regulation does not include specific provisions on distance and online sales, accident reporting by economic operators and the right of information and remedy but rather requires economic operators providing information on safety issues concerning toys to inform authorities and consumers in accordance with the procedures set out in Regulation (EU) 2023/988. _________________ 25 OJ L 11, 15.1.2002, p. 4.
Amendment 113 #
Proposal for a regulation
Recital 24
Recital 24
(24) Where the hazards that a toy may present cannot be completely addressed by design, the residual risk should be addressed by product-related information directed at the supervisors of the children in the form of warnings, taking into account the capacity of those supervisors to take the necessary precautions. The residual risk could also be addressed via a digital label, such as a QR-code.
Amendment 117 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) To ensure awareness of any risks associated with the toy, especially in cases where the purchase is made through distance and online sales, it is necessary to ensure that the warnings are online clearly legible and immediately visible.
Amendment 124 #
Proposal for a regulation
Recital 35
Recital 35
(35) As the distributor makes a toy available on the market after the toy has been placed on the market by the manufacturer or the importer, the distributor should act with due care to ensure that the handling of the toy does not adversely affect the compliance of that toy with this Regulationmake sure that those toys comply with the applicable Union requirements.
Amendment 126 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) As an online marketplace makes a toy available on the market after the toy has been placed on the market by the manufacturer or the importer, the online marketplace should make sure that those toys comply with the applicable Union requirements.
Amendment 132 #
Proposal for a regulation
Recital 41
Recital 41
(41) The CE marking, indicating the conformity of a toy, is the visible consequence of a whole process comprising conformity assessment in a broad sense. General principles governing the CE marking are set out in Regulation (EC) No 765/2008. Specific rules governing the affixing of the CE marking with regard to toys should be laid down in this Regulation. Those rules should ensure sufficient visibility of the physical or digital CE marking in order to facilitate market surveillance of toys.
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘CE marking’ means a physical or digital marking by which the manufacturer indicates that the toy is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;
Amendment 194 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
The manufacturer shall mark warnings in a clearly visible, easily legible and understandable and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use which accompany the toy. The residual risk may also be addressed via a digital label. Small toys which are sold without packaging shall have appropriate warnings affixed to them.
Amendment 199 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Warnings shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance and online sales. Warnings shall be of sufficient size to ensure their visibility. Warnings shall online be immediately visible.
Amendment 212 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or, in a document accompanying the toy or in the product passport. Manufacturers shall indicate a single point at which they can be contacted.
Amendment 222 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Manufacturers shall ensure that other economic operators, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020, and online marketplaces, in the supply chain concerned, are kept informed in a timely mannermmediately of any non-conformity that the manufacturers have identified.
Amendment 255 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. When making a toy available on the market, distributors shall act with duonly place on the cmare in relation to the requirements ofket toys complying with this Regulation.
Amendment 259 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Where distributors consider, or have reason to believe, that a toy which they have made available on the market is not in conformity with this Regulation, they shall ensure that the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate, are immediately taken.
Amendment 261 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article10a Obligations of online marketplaces 1. When making a toy available on the market, online market places shall only place on the market toys complying with this Regulation. 2. Before making a toy available on the market, online market places shall verify that the following conditions have been met: (a) the toy is accompanied by instructions and safety information in a language or languages which can be easily understood by consumers or other end-users as determined by the Member State in which the toy is to be made available on the market; (b) the toy bears a data carrier in accordance with Article 17(5) and the CE marking in accordance with Article 16 and (c) the manufacturer and the importer have complied with the requirements set out in Article 7(2), second subparagraph, Article 7(5), (6) and (11) and Article 9(3) respectively. Where online market places consider, or have reason to believe, that a toy is not in conformity with the essential safety requirements, they shall not place the toy on the market until it has been brought into conformity. Where online market places consider, or have reason to believe, that the toy presents a risk, they shall immediately provide information thereof to: (a) the manufacturer or the importer; (b) the market surveillance authorities through the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988; (c) consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. 3. Online market places shall ensure that, while a toy is under their responsibility, their storage or transport conditions do not jeopardise the toy’s compliance with the essential safety requirements. 4. Where online market places consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with the relevant Union harmonisation legislation, they shall ensure that the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate, are immediately taken. Where online market places consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform the market surveillance authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance and of any corrective measures taken. 5. Online market places shall, further to a reasoned request from a competent national authority, provide it, with all the information and documentation necessary to demonstrate the conformity of the toy, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have made available on the market.
Amendment 280 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The physical or digital CE marking shall be affixed visibly, legibly and indelibly to the toy, to a label attached to the toy or to the packaging of the toy.
Amendment 443 #
Proposal for a regulation
Annex IV – Part I – point 4 – point 4.1
Annex IV – Part I – point 4 – point 4.1
4.1. The manufacturer shall affix the physical or digital CE marking to each individual toy that satisfies the applicable requirements of this Regulation.