61 Amendments of Pablo ARIAS ECHEVERRÍA related to 2013/0048(COD)
Amendment 92 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) This Regulation should comply with the precautionary principle in order to ensure a high level of human health, consumer and environmental protection.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment, public security and other public interests, and for general compliance with EU legislation.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘product’ means any product obtained through a manufacturing processsupplied or made available as part of a business activity, either in exchange for payment or free of charge;
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘market surveillance authority’ means an authority of a Member State responsible for carrying out market surveillance on its territorycompetent for exercising the regulated powers under by this Regulation;
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk and, more generally, products that are not compliant with the applicable Union legislation, are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product. and to put an end to its non-compliance.
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The implementation of market surveillance activities and external border controls shall be monitored by the Member States which shall report on these activities and controls to the Commission every year. The information reported shall include statistics regarding the number of controls carried out and shall be communicated to all Member States. Member States may make a summary of the results accessible to the public via the Commission.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Member States shall make a summary of the results of the monitoring and assessment of market surveillance activities carried out pursuant to paragraph 3 shall be made available to the public, electronically and, where appropriate, by other means.
Amendment 146 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of products, irrespective of the distribution channels and selling techniques, on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. They shall record these checks in the information and communication system for market surveillance referred to in Article 21.
Amendment 152 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
They shall cooperate with economic operators to prevent or reduce risks caused by products made available by those operators. For this purpose, they market surveillance authorities shall encourage and promote voluntary action by economic operators including, where applicable, through the development of and adherence to codes of good practice.
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where it is necessary and justified for carrying out their duties, market surveillance authorities may enter the premises of economic operators, carry out appropriate documentary checks, make copies of relevant documents and take any necessary samples of products.
Amendment 175 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Each Member State shall draw up a general market surveillance programme and shall review that programme, and update it if necessary, at least every four years. The programme shall cover market surveillance organisation and related activities and take into account the specific needs of business generally, and SMEs in particular, when implementing Union harmonisation legislation and Regulation (EU) No […/…] [on consumer product safety], and provide for guidance and assistance. It shall include the following:.
Amendment 179 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 183 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The general and sector-specific programmes and their updates shall be communicated to the other Member States andvia the Commission and, subject to Article 6(6), shall be made accessible to the public electronically and, where appropriate, by other means.
Amendment 208 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk, they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in Article 13 of this Regulation and in Article 6 of the Regulation on Consumer Product Safety.
Amendment 211 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Market surveillance authorities shall take due consideration of any readily available and comprehensible test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other Member States.
Amendment 217 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – introductory part
Article 9 – paragraph 2 – subparagraph 1 – introductory part
In relation to a product that is subject to Union harmonisation legislation, formal non-compliance with thatEU legislation shall give market surveillance authorities sufficient reason to believe that the product may present a risk in any of the following cases:
Amendment 227 #
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 to address the risk within a specified period. Market surveillance authorities may recommend or agree with the relevant economic operator the corrective action to be taken in which he can implement that action and present his case, submitting any relevant statements.
Amendment 236 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Corrective action to be taken by economic operators in relation to a product presenting a risk may include:
Amendment 237 #
Proposal for a regulation
Article 9 – paragraph 4 – point b – introductory part
Article 9 – paragraph 4 – point b – introductory part
(b) in the case of a product that is liable to present a risk only in certain conditions or only to certain persons and where such risk is not addressed by requirements of Union harmonisation legislation:
Amendment 239 #
Proposal for a regulation
Article 9 – paragraph 4 – point b – point iii
Article 9 – paragraph 4 – point b – point iii
(iii) alerting the persons at risk to the risk, in good timemmediately and in an appropriate form, including by publication of special warnings;
Amendment 241 #
Proposal for a regulation
Article 9 – paragraph 4 – point d – point i
Article 9 – paragraph 4 – point d – point i
(i) preventing immediately the product from being placed or made available on the market;
Amendment 251 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 254 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – point a
Article 10 – paragraph 5 – subparagraph 1 – point a
(a) be communicated without delay to the economic operator together with information about the remedies available under the law of the Member State concerned;
Amendment 259 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. MIn the case of products found to present a risk, market surveillance authorities shall publish information about product identification, the nature of a risk and the measures taken to prevent, reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the Union. This information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets, preserve personal data pursuant to national and Union legislation or avoid undermining monitoring and investigation activities.
Amendment 265 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Within 6015 days of communication by the Commission to the Member States, pursuant to Article 20(4), of measures taken pursuant to paragraphs 1 or 4 of Article 10 by the original notifying Member State, a Member State may object to those measures where they relate to a product subject to Union harmonisation legislation. The Member State shall state its reasons for objecting, indicate any difference in its assessment of the risk presented by the product and mention any special circumstances and any additional information relating to the product in question.
Amendment 266 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where an objection is raised by a Member State pursuant to paragraph 1 or the Commission considers that the national measures may be contrary to Union legislation, the Commission shall without delay enter into consultation with the notifying Member State and the relevant economic operator(s) and shall evaluate, within 60 days at the most, the national measures, taking account of all available scientific or technical evidence.
Amendment 267 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. If an objection is raised within 15 days by the Commission or a Member State in accordance with paragraph 1, the Commission shall inform all the Member States through the RAPEX contact points.
Amendment 273 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
On duly justified imperative grounds of urgency relating to the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security and other public interests, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 32(3).
Amendment 274 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3 a (new)
Article 12 – paragraph 1 – subparagraph 3 a (new)
In respect of consumer products presenting health and safety risks, the measures adapted under the previous paragraphs shall be implemented in accordance with Article XXX of the CPSR.
Amendment 276 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 286 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) any requirements laid down in or pursuant to Union harmonisation legislation that apply to the product and relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body;
Amendment 287 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. In the absence of requirements laid down in paragraphs (a), (b) and (c), account must be taken of the provisions of Article 6 of the Regulation on Consumer Product Safety;
Amendment 289 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Compliance with the criteria referred to in points (a), (b) and (c) of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate. However, this shall not prevent market surveillance authorities from taking action under this Regulation where there is new evidence that, despite such conformity or compliance, the product presents a risk.
Amendment 301 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – introductory part
Article 14 – paragraph 3 – subparagraph 2 – introductory part
In relation to a product which must comply with Union harmonisation legislation when it is released for free circulation, formal non-compliance with that legislation shall give the authorities of Member States sufficient reason to believe that the product may present a risk in any of the following cases:
Amendment 306 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. In the case of perishable products, the authorities in charge of external border controls shall, as far as possible, seekfacilitate measures to ensure that any requirements they may impose with regard to the storage of products or the parking of vehicles used for transport are not incompatible with the preservation of those products.
Amendment 309 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Compliance with the requirements of any Union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body, shall raise a presumption on the part of market surveillance authorities that the product does not present a risk. However, this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that, despite such compliance, the product does in fact present a risk.
Amendment 315 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Within 6015 days of communication by the Commission to the Member States, pursuant to Article 20(4), of any refusal to release a product for free circulation by the original notifying Member State, a Member State may object to that refusal where it relates to a product subject to Union harmonisation legislation. The Member State shall state its reasons for objecting, indicate any difference in its assessment of the risk presented by the product and mention any special circumstances and any additional information relating to the product in question.
Amendment 316 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Where an objection is raised by a Member State under paragraph 1 or the Commission considers that the refusal may be contrary to Union legislation, the Commission shall without delay enter into consultation with the notifying Member State and the relevant economic operator(s) and shall evaluate the refusal, , within a maximum period of 60 days evaluate the national measures, taking account of all available scientific or technical evidence.
Amendment 317 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. If an objection is entered within 15 days in accordance with paragraph 1 by the Commission or a Member State, the Commission shall inform all the Member States through the RAPEX contact points.
Amendment 330 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b a (new)
Article 20 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) measures adopted in response to cases of formal non-compliance which have not been rectified and could result in serious risk (Art. 9(2))
Amendment 331 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point b b (new)
Article 20 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) measures notified by economic operators to the market supervisory authorities in accordance with Articles 8(9), 10(7) and 11(5) of the Regulation on Consumer Product Safety (CPSR).
Amendment 335 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point a
Article 20 – paragraph 2 – subparagraph 1 – point a
(a) the ndature and level of the risk, including a summary of the results of the risk assessmena necessary to identify the product;
Amendment 336 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point b
Article 20 – paragraph 2 – subparagraph 1 – point b
(b) the nature of any non-compliance with Union harmonisation legislationand risk level and summary of safety and risk assessment findings;
Amendment 338 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point c
Article 20 – paragraph 2 – subparagraph 1 – point c
(c) the dnata necessary to identify the producture of any infringement of EU legislation;
Amendment 339 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point d
Article 20 – paragraph 2 – subparagraph 1 – point d
(d) the origin and the supply chain of the productnature of the measure or corrective action taken and whether voluntary or compulsory;
Amendment 340 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point f
Article 20 – paragraph 2 – subparagraph 1 – point f
(f) the nature of the measure or corrective action taken and whether voluntary, approved, requiredorigin and the supply chain of the product;
Amendment 348 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The Member States shall immediatelyas soon as possible inform the Commission of the action or measures taken following receipt of a notification and shall provide any supplementary information, including the results of any tests or analyses carried out or possible differences in views. The Commission shall immediately transmit this information to other Member States..
Amendment 353 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point e
Article 21 – paragraph 1 – subparagraph 1 – point e
(e) any non-compliance with Union harmonisation legislation other than measures or corrective action notified under RAPEX in accordance with Article 20;
Amendment 354 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point f
Article 21 – paragraph 1 – subparagraph 1 – point f
Amendment 356 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Market surveillance authorities shall recognise the validityas far as possible take into account and make use of test reports prepared by or for their counterparts in other Member States and entered into ICSMS.
Amendment 360 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission and, together with the Member States may exchange confidential information, including information exchanged through RAPEX, with regulatory authorities of third countries or international organisations with which the Commission and the Member State or group of Member States have concluded bilateral or multilateral confidentiality arrangements based on reciprocity.
Amendment 362 #
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Market surveillance authorities shall, on receipt of a duly motivated request from a market surveillance authority in another Member State, provide any relevant information or documentation and which has exhausted other channels carry out cthecks, inspections or investigations and report on them andconsidered necessary and report on any follow-up action taken to the requesting authority.
Amendment 363 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Market surveillance authorities may cooperate with the competent authorities of third countries with a view to exchanging information and technical support, promoting and facilitating access to Union information exchange systems in, excluding the RAPEX system, in accordance with Article 19(4), and promoting activities relating to conformity assessment and market surveillance.
Amendment 366 #
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) to organisefacilitate the organisation of joint market surveillance and joint testing projects;
Amendment 367 #
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) to organisefacilitate the organisation of training programmes and exchanges of national officials;
Amendment 369 #
Proposal for a regulation
Article 27 – paragraph 1 – point g
Article 27 – paragraph 1 – point g
(g) to organisefacilitate the organisation of information campaigns and joint visit programmes;
Amendment 371 #
Proposal for a regulation
Article 27 – paragraph 1 – point j
Article 27 – paragraph 1 – point j
(j) to contribute to the development of guidance to ensure the effective and uniform implementation of this Regulation, taking due account of the interests of business, in particular small and medium- sized enterprises, consumer protection, and other stakeholders;
Amendment 373 #
Proposal for a regulation
Article 27 – paragraph 1 – point l a (new)
Article 27 – paragraph 1 – point l a (new)
(la) to contribute to the creation of a European network of product safety laboratories.
Amendment 378 #
Proposal for a regulation
Article 28
Article 28
Amendment 383 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2