[ParlTrack]

2023/2072(INI)

Reinhard BÜTIKOFER, Saskia BRICMONT, Anna CAVAZZINI

Draft opinion
Paragraph 1

1. Highlights the fact that in 2022, China was the EU’s second largest trade in goods partner; expresses concern about the increasingly unbalanced trade and investment relationship between the EU and China, which is also highlighted by the EU’s record trade deficit of EUR 396 billion in 2022; highlights China’s unbalanced international trade policy in the context of its Dual Circulation Strategy; asks the European Commission to raise European concerns with China on its managed trade practices;

2023/09/11
Committee: INTA

2023/2072(INI)

Reinhard BÜTIKOFER, Saskia BRICMONT, Anna CAVAZZINI

Draft opinion
Paragraph 2

2. Notes that Chinese investments in Europe continued to decline in 2022, reaching a 10-year low of EUR 7.9 billion; welcomes Chinese investment if it doesn’t hurt security or the public order; emphasizes that at the same time adequate investment screening must be pursued;

2023/09/11
Committee: INTA

2023/2072(INI)

Reinhard BÜTIKOFER, Saskia BRICMONT, Anna CAVAZZINI

Draft opinion
Paragraph 3

3. Is nevertheless convinced that the trade and investment relationship between the EU and China is of ~~strategic~~ importance and should be rules-based~~, with the multilateral trading system and the principle of reciprocity at its core~~; emphasizes in this context the expectation that China would support ambitious WTO-reform; insists on more reciprocity and advocates strong EU actions against unfair Chinese regulations affecting trade and investment;

2023/09/11
Committee: INTA

2023/2072(INI)

Reinhard BÜTIKOFER, Saskia BRICMONT, Anna CAVAZZINI

Draft opinion
Paragraph 4

4. Emphasises that trade and investment arshould be key drivers of sustainable growth, job creation and innovation and that the EU should therefore maintain its economic openness1 ; _________________ 1 Commission communication of 18 February 2021 entitled ‘Trade Policy Review – An Open, Sustainable and Assertive Trade Policy’ (COM(2021)0066).

2023/09/11
Committee: INTA

2023/2072(INI)

Reinhard BÜTIKOFER, Saskia BRICMONT, Anna CAVAZZINI

Draft opinion
Paragraph 6

6. Welcomes the Commission’s proposed European economic security strategy2 and the de-risking paradigm , which aims to maximise the benefits of the EU’s economic openness while minimising the risks resulting from economic ~~inter~~dependencies; approves of the fact that the strategy explicitly recognises that risks to the physical and cyber security of critical infrastructure are key security vulnerabilities for European economies; _________________ 2 Joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 20 June 2023 on ‘European Economic Security Strategy’ (JOIN(2023)0020).

2023/09/11
Committee: INTA

2023/2072(INI)

Reinhard BÜTIKOFER, Saskia BRICMONT, Anna CAVAZZINI

Draft opinion
Paragraph 7

7. Recalls that the Regulation on the screening of foreign direct investments3 addresses risks to security and public order resulting from investments from outside the EU; notes that critical infrastructure is among the factors that may be taken into consideration by the Member States or the Commission in determining whether an investment is likely to affect security or public order; encourages the Commission to present an ambitious legislative proposal on a revised EU FDI screening Regulation adequately addressing all the loopholes that have emerged during the implementation of the present Regulation, as well as a legislative proposal on a screening mechanism for outbound investments. _________________ 3 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1).

2023/09/11
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Citation 2 a (new)

– having regard to the Joint Interpretative Instrument on the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union and its Member States, in particular its article 10 on the review of its TSD provisions and the stakeholders consultation,

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Citation 2 b (new)

– having regard to the Opinion 2/15 of the European Court of Justice pursuant to Article 218(11) TFEU on the Free Trade Agreement between the European Union and the Republic of Singapore,

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Citation 2 c (new)

– having regard to the Joint Declarations of the EU and the Canada Domestic Advisory Groups (DAGs),

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Citation 3 a (new)

– having regard to the Commission Communication of 22 June 2022 entitled: “The power of trade partnerships: together for green and just economic growth” (COM(2022)409,

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Citation 5 a (new)

– having regard to the European Parliament resolution of 23 June 2022 on the future of EU international investment policy,

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital A

A. whereas CETA was the ~~first~~second trade agreement the EU completed with another major established OECD economy after South Korea; whereas it was also the most ~~ambitious~~comprehensive agreement either the EU or Canada had concluded at the time, including unprecedented access to public procurement at sub-federal as well as federal level;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital C

C. whereas important provisions, in particular relating to investment protection which is a contentious issue, have still not been applied, as not all Member States have ratified the agreement; where Canada and the EU are finalizing a draft Decision of the CETA Joint Committee on the interpretation of certain terms in Article 8.10, Annex 8-A and Article 8.39 specifying the remit of right to regulate in the context of the investment protection chapter and on the facilitation of the access by SMEs to the investment court system under CETA;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital C a (new)

C a. whereas such topics as regulatory chill, exhaustion of remedies, the rights of third parties and damages have received limited attention in the MIC negotiations; whereas MIC negotiations are not covering substantive investors’ rights and protection standards;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital F

F. whereas the institutional framework under CETA is now fully in place, with 19 specialised committees, a regulatory cooperation forum and a civil society forum, and their agendas a~~nd report~~re publicly available while detailed minutes of the meetings are not publicly available;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital F a (new)

F a. whereas the CETA has been complemented by a Green Alliance Initiative, a Strategic Partnership on Raw Materials, an EU-Canada Digital Partnership and an Ocean Partnership;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital F b (new)

F b. whereas Canada is an active participant of the WTO Dialogue on Plastics Pollution and Environmentally Sustainable Plastics Trade and the WTO Trade and Environment Committee but is not a member of the Fossil Fuel Subsidy Reform (FFSR) initiative;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital G

G. whereas ~~there is now sufficient experience, data and statistical information to assess the imple~~an ex post evaluation of CETA is yet to provide detailed data of the impacts of the Agremeent and, where appropriate, recommentdation ~~of CETA~~s to improve it;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Recital G a (new)

G a. whereas Canada is a world leader in the co-construction of Public Policy for the Social and Solidarity Economy and whereas Social and Solidarity Economy represents almost 10% of the Gross Domestic Product in certain provinces, like Quebec, providing for approximately 210 000 jobs;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 2

2. Notes with satisfaction that trade in goods between the EU and Canada increased by 53 % between 2017 and 2022, while EU-Canada trade in services increased by 46 %, outperforming other extra-EU trade; welcomes the fact that EU goods exports to Canada increased by 47 % during the first five years of provisional application, where the biggest gains were registered in the cases of manufactured products, chemical products as well as food and animal products; notes that none of the data actually provided thus far displays a regional break down allowing to assess the country-specific impacts among the Member States;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 8

8. Notes that the utilisation rate of the tariff rate quota (TRQ) for beef and veal imports to the EU was only 3 % in 2021, and that EU exporters have expanded their market share in Canada, such that the EU exports more frozen beef to Canada than it imports from it; notes however that the utilisation rate of this TRQ may change over time as a result of variations in Canada's other export markets (in particular the US and China);

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 8 a (new)

8 a. Is concerned that according to the audit report of the European Commisison´s Directorate-General for Health and Food Safety (2022), "the competent authority actions undertaken in response to the relevant recommendations (i.e. in relation to the traceability of EU-eligible cattle, the low performance of approved veterinarians responsible for official controls on primary production and to the supervision of these approved veterinarians) cannot be considered effective in satisfactorily addressing the shortcomings identified at holding level during the 2019 audit”;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 13

13. Calls on the parties to make available all the legal and administrative support and tools SMEs need to engage in trade and investment under CETA, in order to foster an increase in exchanges and to enhance participation so they can reap the benefits of CETA, including through active measures to facilitate the internationalisation of SMEs; welcomes, in this regard, the recommendation on SMEs adopted by the Joint Committee in 2018, and the subsequent action plans, including concrete actions such as the launch of the Access2Markets platform in October 2020, which supports SMEs with practical information on trade agreements and trade barriers; expects the ex-post evaluation to provide data on the evolution of the share of trade between EU and Canada carried out by SMEs; calls on the Parties to contemplate the possibility of a fully- fledged chapter on SMEs like in the Agreements with New Zealand and Chile;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 13 a (new)

13 a. Given the importance of the Social and Solidarity Economy sector in Canada and the EC Action Plan on Social Economy adopted by the European Commission on 9th December 2021, calls on the Joint Committee to identify what concrete measures could be put in place to promote more cooperation between Social and Solidarity actors across the Atlantic;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 13 b (new)

13 b. Notes that the Investment Chapter is not in line with the approach recommended by the EP in its Resolution on the future of EU international investment policy when it comes to the protection of investments in fossil fuel, the right to regulate and issues related to investors’ substantive rights, or the duration of the sunset clause; calls on the Parties to review this Chapter accordingly;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 14

14. Encourages both parties to continue their outreach activities, in particular focusing on SMEs and on Social and Solidarity Economy actors, to raise awareness about the opportunities offered by CETA through targeted information campaigns, while ensuring that the benefits of the agreement are shared equally between men and women;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 15

15. Welcomes the adoption of the recommendation on Trade and Gender by the CETA Joint Committee as early as 2018, which includes a commitment to share methods and procedures for the collection of gender disaggregated data, the use of indicators, monitoring and evaluation methodologies, and the analysis of gender-focused statistics related to trade; takes the view that the work carried out under the jointly adopted action plan can serve as an example for other trade agreements, even when there are no dedicated chapters on trade and gender in the agreement itself; recalls the EP resolution on the Gender Action Plan III and encourages the Commission to publish more easily accessible gender disaggregated data on the usage of the agreement, especially in relation with the Chapters on Public Procurement and on Trade and Labour;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 16

16. Underlines that CETA provides a framework that fosters both trade and climate action by including commitments to cooperate on trade-related environmental issues of common interest such as climate change, as demonstrated by the recommendation on trade, climate action and the Paris Agreement; ~~welcomes the growth of the environmental goods trade by 27 % since provisional application started~~notes however that Canada often considers as technical barriers to trade the precautionary principle and some European legislative and non-legislative initiatives (deforestation, pesticides, fertilisers, antimicrobial and antibiotic resistance, neonicotinoids...) that are key to implement the European Green Deal;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 16 a (new)

16 a. Welcomes the growth of the environmental goods trade by 27 % since provisional application started; invites the Parties to find synergies with the implementation of CBAM in the EU and jointly support work to develop joint or comparable carbon emissions methodologies at international level;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 17

17. Welcomes the active involvement and monitoring of CETA implementation by the domestic advisory groups (DAGs) and the Civil Society Forum, which gather~~ing~~s hundreds of representatives from across the EU and Canada, including businesses, environmental and labour organisations, civil society, academia as well as indigenous people’s representatives from Canada, and actively contributing to the work of in particular the Trade and Sustainable Development Committee, notably through their joint statements of their DAGs; urges the Commission and the TSD Board to follow up on their proposals; stresses that the mandate of the DAGs should be to consider the sustainability impact of the full agreement;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 18

18. Insists on the effective implementation of the specific commitments related to the trade and sustainable development (TSD) provisions, including the early TSD review committed to in the Joint Interpretative Instrument (JII), which are an integral part of CETA and are essential to the accomplishment of the objectives set; takes note that in 2024 the Commission will conduct an ex post evaluation of CETA, including its TSD chapter, involving independent experts; deplores that not only are the TSD provisions not aligned with the European Commission's new approach of June 2022, but the EU has also rejected the concrete proposals put forward by Canada in 2020 to give a more binding scope to certain provisions of this chapter;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 18 a (new)

18 a. Recalls that in its Opinion 2/50, the European Court of Justice concluded that “the European Union enjoys exclusive external competence [when it comes to] trade and sustainable development in so far as the provisions in question primarily relate to commercial policy instruments”; is of the view that the Commission is therefore entitled to negotiate on behalf of the Member States an alignment of the TSD Chapter on the recent sustainability proposals and that it would have no consequences in terms of ratification in the Member States;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 18 b (new)

18 b. Invites the Parties to agree upon an interpretative declaration clarifying that pursuant to Opinion 2/15 of the ECJ, “a breach of the provisions concerning social protection of workers and environmental protection (...) authorises the other Party — in accordance with the rule of customary international law codified in Article 60(1) of the Convention on the law of treaties, signed in Vienna on 23 May 1969 (...) — to terminate or suspend the liberalisation, provided for in the other provisions of the envisaged agreement, of that trade” (para 161);

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 18 c (new)

18 c. Calls for the CETA Joint Committee to adopt as per Articles 26.1§4e and 26.3 a binding decision establishing implementation roadmaps to strengthen cooperation in areas where the ex post evaluation would identify shortcomings and room for improvement;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 19

19. Calls on the parties to conclude the early TSD review of CETA in order to introduce a suitable and effective dispute settlement mechanism for the provisions on trade and labour and trade and environment, including the consideration of, among various enforcement methods, sanctions as a deterrent to be used, as a last resort, in the case of serious breaches of the Paris Climate Agreement and the ILO fundamental labour principles;

2023/10/31
Committee: INTA

2023/2001(INI)

Saskia BRICMONT, Anna CAVAZZINI

Motion for a resolution
Paragraph 20

20. ~~Urg~~Invites Belgium, Bulgaria, Cyprus, France, Greece, Hungary, Ireland, Italy, Poland and Slovenia to ~~ratify CETA, as this will also be essential in order to update the agreement, and reiterates the importance of full application of CETA, including its investment protection provisions~~wait for (a) the results of the future ex post evaluation assessment and accompanying proposals and (b) the alignment of CETA to the updated EU approach on trade and sustainable development chapters before they complete the ratification of CETA;

2023/10/31
Committee: INTA

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 13

(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene, cybersecurity and radioactivity to ensure that the safety of children is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 14

(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements, including on cybersecurity, for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with ~~Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with~~ Regulation (EU) ~~…/…~~.../... [P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation andorizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020]. However, internet-connected toys might pose specific health and safety risks which can only be provoked by a cyberattack. Internet-connected toys attacked by malicious third parties may pose specific risks that, depending on their intended use or reasonably foreseen misuse, can impact the health and safety of its users. In this respect, health and safety risks in connection with the cybersecurity functions of inster~~t the number, da~~net-connecte,d t~~itle and OJ referenc~~oys shall fall within the scope of thatis Regulation ~~in the footnote~~.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 14 a (new)

(14 a) Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]. As this Regulation focuses mainly on “high-risks AI systems" and does not specifically address toys, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should be set out.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 14 b (new)

(14 b) Protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 17

(17) In order to provide for flexibility where the safety of children is not compromised and where it is necessary for making certain toys available on the market, it should be possible to derogate from the generic prohibitions of chemical substances in toys. Derogations to generic prohibitions permitting the use of prohibited substances should be of general application and should only be possible where the use of the relevant substance is considered safe for children, where ~~there are no commercially viable alternatives for the substance~~elimination or substitution of such prohibited substances via design changes or other materials or components is not technically possible, where there are no technically viable alternatives for the substance, where a substitution plan has been submitted and where the use of the substance is not prohibited in consumer articles under Regulation (EC) No 1907/2006. The assessment of the safety of the substance in toys should be carried out by the relevant scientific committees in the European Chemicals Agency (ECHA) in order to ensure consistency and efficient use of resources in the assessment of chemical substances in the Union.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 19

(19) The use of nickel in stainless steel and in components that transmit electric current has been considered safe in toys by the Scientific Committee on Health, Environment and Emerging risks ~~and should be allow~~. However, since children should also be adequately protected from allergenic substances and certain metals its use should be limited. Other substances that are necessary to transmit electric current should be permitted in toys to allow for the making available of electric toys if such substances are completely inaccessible for a child playing with the toy and therefore do not present a risk.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 22

(22) Directive 2009/48/EC includes limit values for certain substances in toys intended for children under 36 months or intended to be put in the mouth. In a family with more than one child, children under 36 months are likely to be attracted by the toys of their siblings that are older than 36 months, making it in practice impossible to completely shield children below 36 months from the toys of their elder siblings. Those substances have shown to also pose a risk to older children, as they could be equally exposed to such chemicals via skin contact or inhalation. These limit values should therefore apply to all toys. Since the adoption of the limit values for bisphenol A in Directive 2009/48/EC, new scientific data has emerged. The European Food Safety Authority (EFSA) re-evaluated the risks to public health from dietary exposure to bisphenol A in April 2023 concluding that exposure to bisphenol A is a health concern for consumers across all age groups. EFSA has established a new tolerable daily intake of bisphenol A which is significantly lower than the previous one. In view of th~~is scientific evidence, bisphenol A should fall under the generic prohibition for CMR substances in toy~~e structural similarities between different bisphenols leading to comparable risks for children, and to avoid regrettable substitution, toys should not contain any bisphenols.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 25

(25) To prevent misuse of warnings to circumvent the applicable safety requirements, the warnings provided for certain categories of toy should not be allowed if they conflict with the intended use of the toy. To ensure that supervisors are aware of any risks associated with the toy, it is necessary to ensure that the warnings are legible and visible. Minimum requirements on important parameters such as font size, distance and contrast should therefore be laid down.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 37

(37) ~~Economic operators~~Any natural or legal person that either places a toy on the market under their own name or trademark or substantially modifyies a toy in such a way that co~~mpliance~~nformity with applicable requirements of this Regulation mayight be affected, should be considered to be the manufacturers and should assume the obligations of the manufacturers.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 38

(38) Toys are to comply with traceability requirements in accordance with Regulation (EU) 2023/988. Ensuring traceability of a toy throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates market surveillance authorities' task of tracing economic operators who made non- compliant toys available on the market.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 52

(52) It is appropriate to provide for the publication of a notice in the Official Journal of the European Union indicating the date when the interconnection between the registry and the EU Customs Single Window Certificates Exchange System referred to in Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products] becomes operational in order to facilitate public access to that information. Similar publication should be provided should further customs IT systems become operational.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 58

(58) If a conformity assessment body demonstrates conformity of the toy with the criteria laid down in harmonised standards, ithe toy should be presumed to comply with the corresponding requirements set out in this Regulation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Recital 68

(68) In order to take into account technical and scientific progress or new scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Regulation by adapting the specific warnings to be affixed on toys, adopting specific requirements concerning chemical substances and limit values in toys and granting derogations to include specific uses allowed in toys of substances subject to generic prohibitions.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 1 – title

SObjective and subject matter

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 1 – paragraph 1

Th~~is Regulation lays down rules on the safety of toys,~~e objective of this Regulation is to ensur~~ing~~e a high level of protection of health and safety of children and other persons, and on the free movement of toys in the Union.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 1 – paragraph 1 a (new)

This Regulation lays down rules on the safety of toys placed or made available on the market that are underpinned by the precautionary principle. Economic operators shall place or make available on the market only toys that do not adversely affect the health and safety of children and other persons.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 3 – paragraph 1 – point 4

(4) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that person’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 3 – paragraph 1 – point 8

(8) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor and the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market in accordance with this Regulation;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 3 – paragraph 1 – point 9

(9) ‘online marketplace’ means online marketplace as defined in Article 3, point (14), of Regulation (EU) 20~~23/988~~19/2161;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)

(12 a) ‘toy’ means a product designed or intended, whether or not exclusively, for use in play by children under 14 years of age, whether or not having digital elements which allow for a direct or indirect connection to a device or network.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 3 – paragraph 1 – point 28

(28) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)

(28 a) ‘notifying authority' means an authority designated by a Member State under Article 25 and 26 as responsible for the assessment and notification of conformity assessment bodies in the territory of that Member State;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 6 – paragraph 1

1. Where necessary to ensure their safe use and the health and safety of children and other persons, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1

The manufacturer shall mark warnings in a clearly visible, easily legible, accessible 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. Small toys which are sold without packaging shall have appropriate warnings affixed to them.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
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 sales. Warnings shall be of sufficient size to ensure their visibility and legibility. In particular, warnings shall have the characteristics set out in Annex III.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

Before placing toys on the market, manufacturers shall carry out an internal risk analysis and draw up the required technical documentation in accordance with Article 23 and carry out the applicable conformity assessment procedure in accordance with Article 22 or have it carried out.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 7 – paragraph 3

3. Manufacturers shall keep up to date the technical documentation and the product passport for a period of at least 10 years after the last model of the toy covered by that documentation and product passport has been placed on the market.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

When ~~manufacturers,~~deemed appropriate with regard to the risks presented by a toy~~, consider it necessary~~ for the protection of health and safety of consumers, manufacturers shall, carry out sample testing of marketed toys.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 7 – paragraph 5

5. Manufacturers shall ensure that toys bear a type, batch, serial or model number or other element allowing their identification and which is easily visible and legible for consumers, or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 7 – paragraph 7

7. Manufacturers shall ensure that the toy is accompanied by instructions and safety information in a language or languages easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

Where manufacturers consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with th~~is Regu~~e relevant Union harmonisation legislation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – point a

(a) the market surveillance authorities of the Member States in which they have made the toy available, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988, giving details, in particular, of ~~any non- compliance and of any corrective measures taken~~the risks to the health and safety to consumers and of any corrective measures taken and if available, of the quantity, by Member State, of the toys still circulating in the market; and

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
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 providers of online marketplaces, in the supply chain concerned, are kept informed in a timely manner of any non-conformity ~~that the manufacturers have identified~~or risk to the health or the environment that the manufacturers have identified and of any corrective action, recall or withdrawal.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 8 – paragraph 3 – point a

(a) keep the technical documentation at the disposal of national surveillance authorities and ensure that the product passport is available, in accordance with Article 17(2), for a period of at least 10 years after the last model of the toy covered by those documents has been placed on the market;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 8 – paragraph 3 – point b

(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy in an official language that can be understood by the authority;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 8 – paragraph 3 – point c

(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)

(c a) immediately terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and immediately inform the market surveillance authority of the Member State in which is established;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)

(c b) where the authorised representative considers or has reason to believe that a toy is a dangerous product, inform the manufacturer thereof;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)

(c c) inform the competent national authorities about any action taken to eliminate the risks posed by toys covered by their mandate through a notification in the Safety Business Gateway, where the information has not been already provided by the manufacturer or upon instruction of the manufacturer;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 8 – paragraph 3 – point c d (new)

(c d) in case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – point e

(e) the relevant information in the product passport has been included in the product passport registry in accordance with Article 17(2) and Article 19(1);

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 9 – paragraph 3

3. Importers 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. Importers shall ensure that any additional label does not obscure any information required by Union law on the label provided by the manufacturer.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2

Where importers consider, or have reason to believe, that a toy that they have placed on the market presents a risk to health and safety of consumers and other end-users, they shall immediately inform the manufacturer, the competent national authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance, or risk to the health and safety of consumers, and of any corrective measures taken.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 9 – paragraph 8 a (new)

8 a. Importers shall ensure that all relevant economic operators and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any non-conformity or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 9 – paragraph 10 – subparagraph 2

Importers shall keep the manufacturer, distributors and, where relevant, providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 10 – paragraph 1

1. When making a toy available on the market, distributors shall ~~act with due care in relation to~~comply with the requirements of this Regulation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2

Where distributors 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 manufacturer or the importer, as applicable, 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 or risk to health and safety of consumers, and of any corrective measures taken.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 11 – title

Cases in which obligations of manufacturers apply to ~~importers and distributor~~other persons

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 11 – paragraph 1

A~~n importer or a distributor~~ natural or legal person shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 7, where such ~~importer or distributor~~natural or legal person places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 11 – paragraph 1 a (new)

A natural or legal person, other than the manufacturer, that substantially modifies the product within the meaning of Article 13 (3) of Regulation (EU) 2023/988, shall be deemed to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 7 for the part of the product affected by the modification or for the entire product if the substantial modification has an impact on its safety.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 11 a (new)

Article11a Providers of online marketplaces 1. Without prejudice to the prohibition to conduct general monitoring as established under Regulation (EU) 2022/2065, providers of online marketplaces shall, before and after allowing the offering of the toy by the trader, make reasonable efforts to conduct simple random samples to check whether the toys offered on their interface have been identified as dangerous in the Safety Gate Portal. 2. Providers of online marketplaces are subject to specific obligations in accordance with Regulation (EU) 2023/988 concerning the removal of content referring to an offer of a dangerous toy from their online interfaces and regarding the cooperation with market surveillance authorities and relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a toy that is or was offered online through their services. 3. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, any provider of online marketplaces that allows consumers to conclude distance contracts with traders and that is not a manufacturer, importer or distributor, provided that the conditions of Article 6(3) set out in Regulation (EU) 2022/2065 are fulfilled, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where: (a) a market surveillance authority, upon a reasoned request, asks that provider of online marketplace to identify the economic operator or the person who supplied the provider of online marketplace with the toy; and (b) the provider of online marketplace fails to identify the economic operator or the person who supplied the provider of online marketplace with the product within 1 month of receiving the request. 4. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, providers of online marketplaces that allow consumers to conclude distance contracts with traders and that are not manufacturers, importers or distributors, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where such providers fail to comply with Article 30 of Regulation (EU) 2022/2065.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 2 – point b

(b) state that compliance of the toy with the requirements set out in Union legislation applicable to toys and in particular in this Regulation and, in particular, the essential safety requirements, has been demonstrated;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 2 – point f

(f) be accessible to consumers or other end-users, market surveillance authorities, customs authorities, notified bodies, civil society organisations, researchers, trade unions, the Commission and other economic operators;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 2 – point g

(g) be available for a period of at least the expected lifetime or 10 years after the last model of toy is placed on the market, whichever is longer, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 2 – point g a (new)

(g a) be based on open standards, developed with an inter-operable format and shall be machine-readable, structured, searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in, in accordance with the essential requirements set out in the Ecodesign Regulation;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 2 – point i

(i) fulfil the specific and technical requirements laid down pursuant to paragraph 10. in order to facilitate the verification of product compliance by competent national authorities;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 4

4. By creating the product passport, the manufacturer shall assume responsibility for the compliance of the toy with this Regulation and with any other Union legislation applicable to toys.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 5

5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier may alternatively be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. In addition, the data carrier shall be accompanied by the statement ‘More information on the product is available online’ or by a similar statement.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 5 a (new)

5 a. The economic operator placing the toy on the market shall provide other economic operators involved in the distribution of the toy with a digital copy of the data carrier to allow them to make it accessible to consumers and market surveillance authorities where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of receiving a request.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 8

8. By way of derogation from paragraph 2, point (c), where information requirements relating to substances of concern in toys are established in a delegated act adopted in accordance with Article 4 of Regulation …/… [OP please insert: the Ecodesign for Sustainable Products Regulation], the information referred to in Part I, point (k), of Annex VI to this Regulation is no longer required insofar as the information requirements established in the delegated act are equivalent.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d

(d) the actors that shall have access to information in the product passport and to what information they shall have access and the actors that may introduce or update the information in the product passport, including where needed the creation of a new passport, including manufacturers, importers and distributors, dealers, repairers, refurbishers, remanufacturers, recyclers, notified bodies, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d a (new)

(d a) the period for which the product passport shall remain available by specifying the minimum period of time during which the actors of the value chain storing the data shall guarantee continuous availability of those data.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 18 – paragraph 3 a (new)

3 a. Product passports shall be designed and operated so that they are user-friendly and accessible.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 18 – paragraph 3 b (new)

3 b. Consumers shall not be requested to register, download or install applications, or to provide a password to access the product passport. A functionality shall allow consumers to place alerts about toys that present a risk to their health and safety through a separate section of the Safety Gate Portal pursuant to article 34 (3) of Regulation (EU) 2023/988.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 18 – paragraph 3 c (new)

3 c. Manufacturers shall provide, on oral or written demand or when the product passport is temporarily unavailable at the time of purchase of the toy, the information provided in the product passport by alternative means on a durable medium. Manufacturers shall provide that information independently of a purchase and free of charge.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 18 – paragraph 6

6. Economic operators ~~may not track~~and any other relevant natural or legal person shall not track or profile end-users or otherwise process any personal data in line with Regulation (EU) 2016/679, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the product passport online. End-users must not be required to install any software, register or otherwise process personal data to access the digital product passport online.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 18 – paragraph 6 a (new)

6 a. The rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to paragraph 10 of Article 17.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 18 – paragraph 6 b (new)

6 b. Data authentication, reliability and integrity shall be ensured.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 18 – paragraph 6 c (new)

6 c. The product passport shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 19 – paragraph 2 a (new)

2 a. To make controls more efficient, the registry should be automatically accessible from other data sharing platforms used by authorities, such as customs IT systems.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 20 – paragraph 5

5. The verifications referred to in paragraphs 3 and 4 of this Article shall take place electronically and automatically using the interconnection between the registry referred to in Article 19(1) ~~and~~ the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products]] and any future customs IT systems.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a

(a) cover all the chemical, physical, mechanical, electrical, cybersecurity, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point c a (new)

(c a) assess the risks, including to mental health, that may emerge when the toy is used in accordance with its intended purpose and reasonably foreseeable use.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 22 – paragraph 3 – introductory part

3. In the following cases, the manufacturer shall use the EU-type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881:

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 22 – paragraph 4 a (new)

4 a. Manufacturers shall use the EU- type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881, for toys for children under 36 months, toys which include artificial intelligence, internet-connected toys, toys which are chemical mixtures, toys which for functional reasons cannot be designed to eliminate all risks and toys which in case of a failure can lead to severe health consequences for children. The Commission should be empowered to adopt delegated acts in accordance with Article 46 (5 a new) to amend this list, also contained in Anne IV, after consulting the stakeholders concerned, in the light of technical progress, advances in knowledge or new scientific evidence, by adding to the list of toys a new category of toys or by withdrawing an existing category of toys from this list.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 23 – paragraph 1

1. The technical documentation shall contain all relevant data or details of the means used by the manufacturer to ensure that the toy complies with the essential safety requirements. It shall, in particular, contain the documents listed in Annex V. In case the toy or any part of it complies with European standards or common specifications, the list of the relevant European standards and common specifications shall also be indicated.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 23 – paragraph 2

2. The technical documentation shall be drawn up and kept up-to-date by the manufacturer in one of the official languages of the Union.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 41 – paragraph -1 (new)

-1. When market surveillance authorities of the Member States take measures as provided for in this Regulation, they shall take due account of the precautionary principle.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1

Where the market surveillance authorities of one Member State have sufficient reason to believe that a toy covered by this Regulation presents a risk to the health or safety of persons, they shall carry out an evaluation in relation to the toy concerned covering all the requirements laid down in this Regulation. The relevant economic operators and providers of online marketplaces shall cooperate, as necessary, with the market surveillance authorities for that purpose.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 41 – paragraph 5 – point c a (new)

(c a) shortcomings in the EU-type examination procedure referred to in Article 22;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 42 – paragraph -1 (new)

-1. On duly justified imperative grounds of urgency relating to the protection of health and safety of children and other persons, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 50.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1

Where, on completion of the procedure set out in Article 41(3) and (4) and in Article 44 (2) and (2a new), objections are raised against a measure taken by a Member State, or where the Commission has reasons to believe that a national measure could be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 43 – paragraph 1 – introductory part

1. Without prejudice to Article 41, where a market surveillance authority makes, inter alia, one of the following findings with regard to a toy, it shall require the relevant economic operator to put an end to the non-compliance concerned:

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 43 – paragraph 1 – point e a (new)

(e a) the toy is not in conformity with the product requirements in accordance with Article 5;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 43 – paragraph 1 – point e b (new)

(e b) the toy does not bear, where appropriate, a general warning in accordance with Article 6;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 43 – paragraph 1 – point e c (new)

(e c) the conformity assessment procedures laid down in Article 22 are not fulfilled;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 44 – paragraph 1

1. Where, having carried out an evaluation under Article 41(1), a market surveillance authority finds that, although a toy made available on the market is in compliance with the particular safety requirements it poses a risk to the health and safety of persons, it shall require the relevant economic operator, including providers of online marketplaces, to take all appropriate measures, within a reasonable period of time prescribed by the market surveillance authority taking into account the nature of the risk to ensure that the toy, when made available on the market, no longer presents that risk, to withdraw the toy from the market or to recall it.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 44 – paragraph 2 a (new)

2 a. Where the relevant economic operator does not take adequate corrective actions within the period referred to in paragraph 1, the market surveillance authorities shall take appropriate provisional measures to prohibit or restrict the toy being made available on their national market, to withdraw the toy from that market or to recall it.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 45 a (new)

Article45a Pan-European Injury Database 1. A Pan-European Injury Database covering all types of injuries caused by toys 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, based on a common methodology, 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.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 46 – paragraph 5 a (new)

5 a. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Article 22 (4 a new) by adding to the list of toys that are required to comply with the EU-type examination procedure set out in Annex IV a new category of toys or by withdrawing an existing category of toys from that list.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 46 – paragraph 6

6. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Part C of the Appendix to Annex II in order to permit for a specified period of time a certain use in toys of a specific substance or mixture that is prohibited under Part III, point 4, of Annex II, or to limit a certain use that has been permitted.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 46 – paragraph 9

9. For the purposes of paragraphs 6, 7 and 78, the Commission shall systematically and regularly evaluate the occurrence of hazardous chemical substances or mixtures in toys. In those evaluations, the Commission shall take into account reports of market surveillance bodies and scientific evidence presented by Member States and stakeholders.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 47 – paragraph 4

4. Before adopting a delegated act, the Commission shall consult relevant stakeholders and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 51 – paragraph 1 – introductory part

1. Competent national authorities, notified bodies, ECHA and the Commission shall respect the confidentiality of the following information and data obtained in carrying out their tasks in accordance with this Regulation:

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 52 – paragraph 1

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and shall be increased if the relevant economic operator has previously committed infringements of this Regulation .. Member States by … [P.O. insert date: the first day of the month following 30 months after the date of entry into force of this Regulation] notify the Commission of those rules and shall notify it without delay of any subsequent amendment affecting them.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 54 – paragraph 1

1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 3018 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 4230 months after the date of entry into force of this Regulation].

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Article 55 – paragraph 1

1. By … [OP please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. ~~The Commission shall submit a report to the European Parliament and to the Council on the main findings~~On request, Member States shall provide the Commission with information necessary for the evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings and draw up a summary that is made available to the public. The report shall assess whether this Regulation, and in particular the provisions in Chapter IV achieved the objective of ensuring a high level of protection of health and safety of children and other persons and shall assess the possibility to include adaptive toys in the scope of this Regulation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex I – Part II – point 3

3. sports equipment, including roller skates, inline skates, ~~and~~ skateboards, scooters and other means of transport intended for children with a body mass of more than 20 kg;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex I – Part II – point 5

~~5. scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways;~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex I – Part II – point 8

~~8. puzzles with more than 500 pieces;~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex I – Part II – point 14

14. electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals or components, unless the electronic equipment or the associated peripherals are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex II – Part I – point 9

9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing. The maximum values shall not exceed those set in Directive 2003/10/EEC.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex II – Part II – point 2 – point a – point 5

(5) hazard classes 3.9, 3.10 and 3.101;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex II – Part II – point 2 – point a – point 6

(6) hazard class 4.1, 4.2, 4.3 and 4.4;

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex II – Part VI a (new)

VI a Part VIa Cybersecurity 1. Toys shall be designed, developed, and produced and, where applicable, updated, in such a way that they ensure a level of cybersecurity protection proportionate to the risks to health and safety of children that can be caused by a cybersecurity incident. Toys shall be designed and manufactured so as to eliminate cybersecurity incidents or reduce the associated risks by an inherent security, taking into account the intended use or reasonably foreseen misuse, any risk of adverse impact to the health and safety of its users bearing in mind the behaviour of children. 2. Toys shall comply with the relevant Union legislation relating to cybersecurity. In particular, toys shall comply with the specific cybersecurity requirements set out in Annex I of the Regulation XX/XX on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020 (Cyber Resilience Act).

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex II – Part A – point 2

2. Nitrosamines and nitrosable substances are prohibited in toys ~~intended for use by children under 36 months or in other toys intended to be placed in the mouth where the migration of those substances is equal to or higher than~~. The migration of those substances from toys, components of toys or micro-structurally distinct parts of toys, shall not exceed 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosable substances.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex II – Part A – point 4 – introductory part

4. Toys shall not contain the following fragrance allergens unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed ~~100 mg/kg~~the limit of detection:

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex II – Part B – point 1

~~[...]~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part

~~All w~~Warnings shall have the following characteristics: a) they shall stand out clearly from the background; b) a single font shall be used that is easily legible and without serifs; c) the x-height of the font size shall be equal to or greater than 1,4 mm; d) the distance between two lines shall be appropriate for the selected font size to be easily legible; e) the letter spacing shall be appropriate for the selected font to be easily legible. All warnings shall be preceded by the word ‘Warning’ or, alternatively, by ~~a generic pictogram such as~~ the following pictogram:

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex IV – Part I – point 4 – point 4.2

4.2. The manufacturer shall draw up the product passport for a toy model and ensure that together with the technical documentation, it remains available for at least the expected lifetime of 10 years after the last model of the product has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex IV – Part II – point 9

9. The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for at least 10 years after the last model of toy has been placed on the market.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex IV – Part II a (new)

II a Part II - Module B (a new): Toys required to undergo the EU-type examination procedure 1. Toys for children under 36 months; 2. Toys which include artificial intelligence; 3. Internet-connected toys; 4. Toys which are chemical mixtures; 5. Toys which for functional reasons cannot be designed to eliminate all risks; 6. Toys which in case of a failure can lead to severe health consequences for children.

2023/12/05
Committee: IMCO

2023/0290(COD)

Katrin LANGENSIEPEN, Alexandra GEESE, Kim VAN SPARRENTAK, Malte GALLÉE, Anna CAVAZZINI

Proposal for a regulation
Annex IV – Part III – point 3 – point 3.2

3.2. The manufacturer shall create a product passport for a toy model and ensure that it remains available for at least the expected lifetime or 10 years after the last model of toy has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.

2023/12/05
Committee: IMCO

2023/0260R(NLE)

Anna CAVAZZINI, Viola VON CRAMON-TAUBADEL, Saskia BRICMONT, Martin HÄUSLING

Motion for a resolution
Citation 12 a (new)

– having regard to its resolution of 23 June 2022 on the Future of EU international investment policy,