9 Amendments of Lara COMI related to 2013/0048(COD)
Amendment 71 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to make the entire market surveillance process transparent and easy to follow for both market surveillance authorities and economic operators, the Regulation should clearly set out the chronological steps of that process, from the moment when market surveillance authorities identify a product which they believe may present a risk, to the assessment of the risk presented, the corrective action to be taken by the relevant economic operatorparty responsible for placing the product on the market within a specified period and the measures to be taken by market surveillance authorities themselves if economic operatorsthose responsible for placing on the market do not comply or in cases of urgency.
Amendment 89 #
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards uniform conditions for the carrying -out of checks by reference to particular product categories or sectors, including the scale of checks to be carried out and the adequacy of samples to be checked. Implementing powers should also be conferred as regards the modalities for the provision of information to market surveillance authorities by economic operators, as regards establishing uniform conditions for determining cases in which such information need not be provided. Economic operators should not, in any event, be called upon to supply information other than that which they are required to know by virtue of their role within the supply chain. Implementing powers should also be conferred as regards the modalities and procedures for the exchange of information through RAPEX and as regards the adoption of temporary or permanent marketing restrictions on products presenting a serious risk, where appropriate, specifying the necessary control measures to be taken by the Member States for their effective implementation where other Union legislation does not provide a specific procedure to address the risks in question. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of its implementing powers.
Amendment 160 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Market surveillance authorities shall take duly into account the seriousness of the risk and the precautionary principle. They shall accordingly carry out sample checks on sufficient numbers of products enabling conformity and the real risk posed to be assessed.
Amendment 223 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator responsible for placing the product on the market to rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities shall ensure that the product is withdrawn or recalled.
Amendment 225 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Without prejudice to Article 10(4), where market surveillance authorities find that a product does present a risk they shall without delay specify the necessary corrective action to be taken by the relevant economic operator responsible for placing the product on the market to address the risk within a specified period. Market surveillance authorities may recommend or agree with the relevant economic operator responsible for placing the product on the market the corrective action to be taken.
Amendment 228 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
The economic operatorparty responsible for placing on the market shall ensure that all necessary corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union.
Amendment 230 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 3 – introductory part
Article 9 – paragraph 3 – subparagraph 3 – introductory part
The economic operatorparty responsible for placing on the market shall provide all necessary information to market surveillance authorities pursuant to Article 8, and in particular the following information:
Amendment 232 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 4
Article 9 – paragraph 3 – subparagraph 4
Where possible, market surveillance authorities shall identify the manufacturer or importer of the product and take action in relation to that economic operator in addiit is not possible to identify the party responsible for placing the product on the market, market surveillance authorities shall take action in relation to the distributor.
Amendment 234 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Corrective action to be taken by economic operatorsthose responsible for placing on the market in relation to a product presenting a risk may include: