Activities of Raffaele BALDASSARRE related to 2013/0049(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC PDF (690 KB) DOC (867 KB)
Amendments (20)
Amendment 94 #
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.
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) which are likely, under reasonably foreseeable conditions, to be used by consumers even if not directly intended for them; products are not likely to be used by consumers if they are intended, under reasonably foreseeable conditions, for the exclusive use by professionals and explicitly labelled and presented as such;
Amendment 131 #
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) ‘safe product’' means any product which is compliant with Union harmonisation legislation for health and safety. In the case of absence of such legislation it means any products which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of the use and, where applicable, its putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons;
Amendment 135 #
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) ‘product model’ means products regarded as distinctive in so far as their essential characteristics are identical or similar and where any differences between them have no impact on their level of safety unless otherwise shown by the manufacturer or importer;
Amendment 172 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 179 #
Proposal for a regulation
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 210 #
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 representative sample testing of products made available on the market chosen under the control of a judicial officer or any 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.
Amendment 211 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. When the products made available on the market are or have been subject to a decision by the Commission on the basis of article 12 of [Regulation on market surveillance of products], manufacturers, or when appropriate importers, shall, to protect the health and safety of consumers, carry out at least once a year representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by each Member State.
Amendment 226 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of ten years after the product has been placed on the market,ensure that the technical documentation cand be makde it available to the market surveillance authorities, upon request. for a period of ten years after the product has been placed on the market
Amendment 234 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Manufacturers of products that are subject of a decision by the Commission under Article 12 of the Regulation on the market surveillance of products [XREFX], shall draw up a list of 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 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 252 #
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 safe, 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 and of the results of such corrective action.
Amendment 261 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the labelnot obscure any compulsory information or safety-related information provided by the manufacturer.
Amendment 274 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Importers 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 safe, importers 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, and of the results of such corrective action.
Amendment 277 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers shall keep, for a period of ten years after the product has been placed on the market,ensure that the technical documentation cand be makde it available to the market surveillance authorities, upon request. for a period of ten years after the product has been placed on the market
Amendment 286 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market distributors shall verify that the manufacturer and the importer have complied with the requirementsproduct carries the required information, set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 291 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Depending on the risks that a product is likely to pose, distributors may, in order to protect the health and safety of consumers, test products made available on the market, taking random samples.
Amendment 298 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall immediately make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or importer, as applicable as well as 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 and of the results of such corrective action.
Amendment 310 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Obligation to inform the market surveillance authorities in accordance with Article 8(9), Article 10(2) and (7) and Article 11(3) and (5) shall not apply in the case of minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons in accordance with Article 3, paragraph 1, or where the following conditions are fulfilled:
Amendment 336 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) determining the products, categories or groups of products susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1. The Commission shall state in the delegated acts concerned if it has used the risk analysis methodology provided for in Decision 2010/15/EU or, if this method is not appropriate for the product concerned, it shall give a detailed description of the method used;
Amendment 350 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the gravity of the infringement, the turnover and size of the undertakings and in particular to the situation of small and medium-sized enterprises, as well as the actual operations carried out by economic operators as part of the production process and the extent to which they are in a position ot affect product safety. The penalties may be increased if the relevant economic operator responsible for first placing the product on the market has previously committed a similar infringement and may include criminal sanctions for serious infringements.