27 Amendments of Liisa JAAKONSAARI related to 2017/0353(COD)
Amendment 134 #
Proposal for a regulation
Recital 2
Recital 2
(2) Strengthening the Single Market for goods through further enhancing efforts to keep non-compliant products from being placed on the Union market was identified as a priority in the Communication from the Commission ‘Upgrading the Single Market: more opportunities for people and businesses’24 . This should be achieved by strengthening market surveillance, providing the right incclear, transparent and comprehentsive rules to economic operators, intensifying compliance controls and promoting closer cross-border cooperation among enforcement authorities, including through cooperation with customs authorities. _________________ 24 COM(2015) 550 final of 28 October 2015.
Amendment 136 #
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, the implementation of surveillance to guarantee compliance is insufficient. The framework for market surveillance should be strengthened in order to reach the set objectives, with a view to further improving compliance with and enforcement of Union harmonisation legislation on products. Surveillance of compliance should go beyond monitoring of safety of a product, and cover other EU standards such as labour, health and environmental standards.
Amendment 146 #
Proposal for a regulation
Recital 12
Recital 12
(12) Modern supply chains encompass a wide variety of economic operators who should all be subject to enforcement of Union harmonisation legislation, while taking due consideration of their respective role in the supply chain, and the extent to which they contribute to the making available of products on the Union market. Products, which seek to enter the Union market should be held to the same production standards as those which are produced and sold within the EU. Therefore, it is necessary to apply this Regulation to economic operators that are directly concerned by Regulation (EC) No 273/2004 of the European Parliament and of the Council31 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council32 , Regulation (EC) No 1272/2008 of the European Parliament and of the Council33 , Regulation (EC) No 1222/2009 of the European Parliament and of the Council34 , Regulation (EC) No 1223/2009, Regulation (EU) 2016/424 of the European Parliament and of the Council35 , Regulation (EU) 2016/425 of the European Parliament and of the Council36 , Regulation (EU) 2016/426 of the European Parliament and of the Council37 and Regulation (EU) 2017/1369 of the European Parliament and of the Council38 , Regulation (EU) 2017/745 and Regulation (EU) 2017/746, and in Directive 2006/42/EC of the European Parliament and of the Council39 , Directive 2006/66/EC of the European Parliament and of the Council40 , Directive 2009/48/EC of the European Parliament and of the Council41 , Directive 2010/35/EU of the European Parliament and of the Council42 , Directive 2013/29/EU of the European Parliament and of the Council43 , Directive 2013/53/EU of the European Parliament and of the Council44 , Directive 2014/28/EU of the European Parliament and of the Council45 , Directive 2014/29/EU of the European Parliament and of the Council46 , Directive 2014/30/EU of the European Parliament and of the Council47 , Directive 2014/31/EU of the European Parliament and of the Council48 , Directive 2014/32/EU of the European Parliament and of the Council49 , Directive 2014/33/EU of the European Parliament and of the Council50 , Directive 2014/34/EU of the European Parliament and of the Council51 , Directive 2014/35/EU of the European Parliament and of the Council52 , Directive 2014/68/EU of the European Parliament and of the Council53 , and Directive 2014/90/EU of the European Parliament and of the Council54 . _________________ 31 Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ L 47, 18.2.2004, p. 1). 32 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 33 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1). 34 Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters (OJ L 342, 22.12.2009, p. 46). 35 Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (OJ L 81, 31.3.2016, p. 1). 36 Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51). 37 Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (OJ L 81, 31.3.2016, p. 99). 38 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1). 39 Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (OJ L 157, 9.6.2006, p. 24). 40 Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1). 41 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys ( OJ L 170, 30.6.2009, p. 1–37). 42 Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36 ( OJ L 165, 30.6.2010, p. 1–18). 43 Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast) (OJ L 178, 28.6.2013, p. 27). 44 Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90). 45 Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast) (OJ L 96, 29.3.2014, p. 1). 46 Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.3.2014, p. 45). 47 Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (OJ L 96, 29.3.2014, p. 79). 48 Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non- automatic weighing instruments (OJ L 96, 29.3.2014, p. 107). 49 Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (OJ L 96, 29.3.2014, p. 149). 50 Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p. 251). 51 Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (OJ L 96, 29.3.2014, p. 309). 52 Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357). 53 Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 27.6.2014, p. 164). 54 Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146).
Amendment 150 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) While this Regulation does not deal with the protection of intellectual property rights, it should nevertheless be borne in mind that often counterfeit products do not comply with the requirements set out in the Union harmonisation legislation, pose serious risks to health and safety of end-users, distort competition, endanger public interests and support other illegal activities. Therefore Member States should continue taking effective measures in preventing the entry of counterfeit products to the Union’s market pursuant to Regulation (EU) 608/2013. In the interest of efficiency, customs authorities should be able to use their expertise and relevant information on risks, related to products infringing an intellectual property rights, also for the purpose of effective market surveillance of products entering the Union’s market pursuant to this Regulation.
Amendment 155 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Special attention should be given to a proliferation of Internet of Things (IoT) and the increasing number of Artificial Intelligence (AI) enabled devices, taking into account that consumers are increasingly using connected devices in their daily lives. The Union regulatory framework should address the current security threats of such devices which can be hacked and therefore present new risks remotely. In the IoT and AI area, both the safety and security of the products are key to ensuring the safety of their users. In this regard, this Regulation should be fully consistent with the ENISA Regulation [2017/0225(COD)] and the Communication on Artificial Intelligence for Europe COM(2018)237.
Amendment 158 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that the Union harmonisation legislation on products is correctly enforced, market surveillance authorities should have a common set of investigative and enforcement powers, allowing for enhanced cooperation between market surveillance authorities and more effective deterrence for economic operators that willingly infringe Union harmonisation legislation. Severe and recurrent breaches of compliance should be followed by adequate sanctions. Those powers should be sufficiently robust to tackle the enforcement challenges of Union harmonisation legislation, along with the challenges of e-commerce and the digital environment and to prevent economic operators from exploiting gaps in the enforcement system by relocating to Member States whose market surveillance authorities are not equipped to tackle unlawful practices. In particular, the powers should ensure that information and evidence can be exchanged between competent authorities so that enforcement can be undertaken equally in all Member States.
Amendment 166 #
Proposal for a regulation
Recital 27
Recital 27
(27) Market surveillance authorities act in the interest of economic operators, end- users, and of the general public, to ensure that public interests established by Union harmonisation legislation on products are consistently preserved and protected through appropriate enforcement action, and that compliance with such legislation is ensured across the supply chain through appropriate controls. Consequently, market surveillance authorities should account to economic operators, end-users and the general public for the efficiency and effectiveness of the activities they perform. They should provide access to information concerning the organisation and performance of their activities, including controls, and regularly publish information on activities performed and the results of such activities. They should also, subject to certain conditions, be entitled to publish or to make available information about the compliance record of individual economic operators based on the outcome of market surveillance controls, particularly in the case of economic operators that have been found to have repeated breaches in compliance with Union harmonisation legislation.
Amendment 168 #
Proposal for a regulation
Recital 38
Recital 38
(38) An effective way to ensure that unsafe or non-compliant products are not placed on the Union market would be to detect such products before they are released for free circulation. Customs authorities, as authorities in charge of the control on products entering the customs territory of the Union, enjoy a complete overview of trade flows across the external borders, and should therefore be required to carry out adequate controls on a risk assessment basis, to contribute to a safer market place, which ensures a high level of human health, consumer and environmental protection. A uniform enforcement of Union harmonisation legislation on products can only be achieved through systematic cooperation and exchange of information between market surveillance and customs authorities. These authorities should receive well in advance from the market surveillance authorities all the necessary information concerning non- compliant products or information on economic operators where a higher risk of non- compliance has been identified. In turn, customs authorities should inform the market surveillance authorities in a timely manner of the release of products for free circulation, and the results of controls, where such information is relevant for the enforcement of Union harmonisation legislation on products. Furthermore, where the Commission becomes aware of a serious risk posed by an imported product, it should inform the Member States about those risks in order to ensure coordinated and more effective compliance and enforcement controls at the first points of entry to the Union.
Amendment 170 #
Proposal for a regulation
Recital 39
Recital 39
(39) In order to support customs and market surveillance authorities in carrying out tasks related to controls on products entering the customs territory of the Union, a more favourable treatment should be granted for products declared for free circulation by an authorised economic operator, as defined in Article 38(2) of Regulation (EU) No 952/2013, pending the establishment of the procedure for the exchange of information on the status of the authorised economic operators and their record of compliance relawith the Union harmonisation law, related to including but not limited to product safety. Such an approach should allow a more targeted control, on a risk basis, of products released for free circulation.
Amendment 171 #
Proposal for a regulation
Recital 42
Recital 42
(42) The Commission should carry out an evaluation of this Regulation against the objectives it pursues, also taking into consideration new technological, economic, commercial and legal developments and paying special attention to IoT and AI-enabled devices. Pursuant to point 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law Making59 , the evaluation, based on efficiency, effectiveness, relevance, coherence and value added, should provide the basis for impact assessments of options for further action. _________________ 59, including broadening a scope of this Regulation to non-harmonised products. _________________ 59 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 283 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
Amendment 301 #
1a. Market surveillance authorities shall establish appropriate and effective communication and cooperation mechanisms with other market surveillance authorities and other relevant authorities within the Union. In particular, market surveillance authorities shall also develop appropriate and effective communication and cooperation mechanisms with customs authorities for the identification and examination of potential counterfeit products.
Amendment 306 #
Proposal for a regulation
Article 12 – paragraph 2 – point a – point i
Article 12 – paragraph 2 – point a – point i
(i) the product, such as the number of products on the market and any hazards associated with that product, which have the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security;
Amendment 323 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
Amendment 417 #
Proposal for a regulation
Article 18 – title
Article 18 – title
18 Products presenting a serious risk or a breach of the Union harmonisation law
Amendment 422 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The decision whether or not a product presents a serious riskbreach of the Union harmonisation law, including a serious risk to consumer, the environment, or the persons involved in the manufacturing of the product, shall be based on an appropriate risk assessment which takes account of the nature of the hazard and the likelihood of its occurrence. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk.
Amendment 462 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Products deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to be non-compliant by market surveillance authorities in another Member State, unless economic operators can provide clear evidence to the contrary. However, this shall not prevent relevant market surveillance authority of that Member State from starting its own investigation with regard to the product in question and adopt, if supported by clear evidence, adequate decisions. The Network, established under Article 31, shall discuss, without delay, diverging interpretations of the different Member States with regard to the same product.
Amendment 474 #
Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Where, in relation to products subject to Union harmonisation legislation that are either in temporary storage or placed under a customs procedure other than release for free circulation, customs authorities at the first point of entry have reason to believe that those products are not compliant with applicable Union legislation or present a risk, they shall transmit all relevant information to the competent customs office of destination.
Amendment 475 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Where customs authorities of one Member State have reason to believe that potentially non-compliant product might be entering Union’s market in another Member State, they shall transmit, without delay, all relevant information to the competent customs offices of other Member States.
Amendment 491 #
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) for any other reason, there is cause to believe that the product willdoes not comply with the requirements set out in the Union harmonisation legislation applicable to it when it is placed on the market or that it will poses a serious risk.
Amendment 498 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
A product released for free circulation in accordance with point (a) shall not be deemed to be in compliance with Union harmonisation legislation merely by reason of having been released for free circulation. The product released for free circulation needs to be compliant with general EU standards applicable to similar products produced within the EU Single Market, including but not limited to safety.
Amendment 501 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Market surveillance authorities and the customs authorities shall exchange information on the status of the authorised economic operators and their record of compliance related to product safetywith the Union harmonisation legislation, related to but not limited to product safety, including with general EUs standards such as the environment and labour laws.
Amendment 504 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Where any non-compliance is identified in the course of controls described in the second subparagraph of paragraph 2, the market surveillance authorities shall suspend the favourable treatment provided for in paragraph 1 and the first subparagraph of paragraph 2. They shall inform the relevant customs authorities about the identified non- compliance and shall enter details of the non-compliance in the system referred to in Article 34.
Amendment 518 #
Proposal for a regulation
Article 33 – paragraph –1 (new)
Article 33 – paragraph –1 (new)
-1. The Network shall have the following tasks: (a) to adopt a biennial work programme, which, inter alia, defines the priorities for common market surveillance actions, including the common actions with regard to the online market surveillance, and priority areas or categories of products; (b) to adopt rules of procedure for itself and for the functioning of the administrative coordination groups; (c) to update and regularly review a general risk assessment methodology and ensure a uniform application of that methodology; (d) to adopt sectorial guidelines for checks on the characteristic of products subject to this Regulation; (e) to define the uniform conditions of checks, criteria for determination of the frequency of checks or amount of samples to be checked in relation to certain products, as referred to in Article 15(1), in accordance with the priorities laid down in paragraph -1(a); (f) to facilitate the exchange of information on non-compliant products, recent scientific developments and new technologies, emerging risks and other aspects relevant to control activities; (g) to ensure the coordination and monitoring of the administrative coordination groups and their activities; (h) to assist, by request of a Member State, in the drawing up and implementation of the memoranda of understanding referred to in Article 8; (i) to facilitate an effective functioning of a peer evaluation system between market surveillance authorities and the Commission, as referred to in Article 12b, and to examine and monitor the results of those evaluations; (j) to analyse disputes between market surveillance authorities on the application of this Regulation, examine any other question in this regard and adopt guidelines, recommendations and best practices in order to encourage consistent application and uniform interpretation of this Regulation, including by creating a common methodology for defining and setting penalties; (k) to discuss how to ensure adequate ways of financing and recovery of costs of market surveillance in the Union and to propose the financing of activities provided for in Article 36; (l) to promote and facilitate collaboration with other relevant networks and groups, notably EU blockchain Observatory and Forum, with a view to explore possibilities on using new technologies, especially blockchain, for the purposes of market surveillance and traceability of products.
Amendment 538 #
Proposal for a regulation
Article 35 – paragraph 5 – introductory part
Article 35 – paragraph 5 – introductory part
5. Approval may only be granted to a third country under paragraph 3 following an audits within the Union and the relevant third country demonstrating that the following conditions are satisfied:
Amendment 539 #
Proposal for a regulation
Article 35 – paragraph 5 – point –a (new)
Article 35 – paragraph 5 – point –a (new)
(-a) the third country possesses an efficient verification system of the compliance of the products exported to the Union;
Amendment 561 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
The report shall assess whether this Regulation achieved its objectives, in particular with regard to reducing the number of non-compliant products on the Union market, ensuring effective and efficient enforcement of Union harmonisation legislation within the Union, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, whilst taking into account the impact on business and in particular on small and medium-sized enterprises. In addtion, tThe evaluation shall be carried out, in particular, with a view to assessing the scope of this Regulation, as well as the effectiveness of the provisions of this Regulation with regard to Internet of Things and Artificial Intelligence enabled devices and in light of technological, economic and legal developments. The evaluation should also assess the effectiveness of the market surveillance activities that receive Union financing in the light of the requirements of Union policies and legislation.