12 Amendments of Wim van de CAMP related to 2013/0049(COD)
Amendment 93 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The distributor should ensure that the manufacturer and the importer have complied with their obligations, that is to say verifying the indication on the product or on its packaging of the name, model name, brand name or address at which the manufacturer and the importer can be contacted and the affixing of the manufacturer's batch number, serial number or other element on the product for the identification of the product. The distributor should not check each product individually, unless the distributor considers that the manufacturer or importer have not fulfilled their requirements.
Amendment 132 #
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) 'product model' means products that are considered to be distinct as presenting identical or similar essential characteristics, with differences, if any, having no impact on their safety level unless otherwise proven by the manufacturer or the importer.
Amendment 150 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
An operator who places on the market a product that is not covered by the cases laid down under the paragraph 1 shall provide, upon request, the market surveillance authorities as well as any economic operator to whom the products are distributed, with evidence of the product's safety. In case of non- compliance with this requirement, the product shall be withdrawn from the market.
Amendment 183 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a CE + marking 1. The CE+ marking shall be affixed only by the manufacturer or his authorised representative. 2. The CE+ marking shall be affixed only to consumer products covered by this Regulation, and shall not be affixed to any other product. 3. By affixing or having affixed the CE+ marking, the manufacturer indicates that the product has been tested and found compliant with the safety requirement in this Regulation by an accredited body compent to assess the safety of the specific product. The CE+ marking shall be affixed after testing on representative samples of the products put up for sale pick randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State. 4. The CE+ marking shall be the only marking which attests that the product has been tested and found to be a safe product. 5. The affixing to a product of markings, signs or inscriptions which are likely to mislead third parties regarding the meaning or form of the CE+ marking shall be prohibited. Any other marking may be affixed to the product provided that the visibility, legibility and meaning of the CE+ marking is not thereby impaired. 6. Member States shall ensure the correct implementation of the regime governing the CE+ marking and take appropriate action in the event of improper use of the marking. Member States shall also provide for penalties for infringements, which may include criminal sanctions for serious infringements. Those penalties shall be proportionate to the seriousness of the offence and constitute an effective deterrent against improper use.
Amendment 208 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the marketat least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring. In particular, manufacturers shall carry out, under the same conditions, testing of products that are or have been the subject of a decision by the Commission on the basis of Article 12 of the Regulation on the market surveillance of products
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Manufacturers shall draw up a list of their product models, accompanied by a photograph, and make it available to the public and other economic operators by any appropriate means, in particular for products that are the subject of a decision by the Commission under Article 12 of the Regulation on the market surveillance of products [XREFX] and for products that are the subject of widespread distribution. The manufacturer shall provide the market surveillance authorities, upon request, as well as any economic operator to whom he distributes his products, with evidence supporting the existence of different essential characteristics between its models within the meaning of the definition given in Article 3(2) of this Regulation.
Amendment 251 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safand adequately and effectively warning consumers who are at risk caused by the non-conformity of the product. Furthermore, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 267 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Proportionate to the possible risks presented by a product, importers shall, to protect the health and safety of persons, carry out sample testing of marketed products, at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints, and keep a register of complaints, of non- conforming products and of product recalls, and shall keep the manufacturer and distributors informed of such monitoring. In particular, importers shall carry out, under the same conditions, testing of products that are or have been the subject of a decision by the Commission on the basis of Article 12 of the Regulation on the market surveillance of products
Amendment 278 #
Proposal for a regulation
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. Importers shall draw up lists of their product models, accompanied by a photograph, and make them available to the public and other economic operators by any appropriate means, in particular for products that are the subject of a decision by the Commission under Article 12 of the Regulation on the market surveillance of products and for products that are the subject of widespread distribution. The importer shall provide the market surveillance authorities, upon request, as well as any economic operator to whom he distributes his products, with evidence supporting the existence of essential differences between its models
Amendment 287 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. For products that are or have been the subject of a decision by the Commission under Article 12 of the Regulation on market surveillance of products [XREFX], distributors shall, to protect the health and safety of consumers, carry out sample testing at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State.
Amendment 288 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a distributor considers or has a reason to believe that a product is not in conformity with this Regulation, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall inform the manufacturer or the importer, as applicable, to that effect as well as the market surveillance authority of the Member State in which the distributor is established. Where the product is or has been the subject of a decision by the Commission under Article 12 of the Regulation on market surveillance of products, distributors shall, to protect the health and safety of consumers, carry out sample testing at least once a year on representative samples of the product put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State.
Amendment 301 #
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Alternatively, distributors may request a professional association which they are a member of, or organise themselves in a professional association for the collective entity, to fulfil their obligations under this article.