26 Amendments of Barbara MATERA related to 2017/0353(COD)
Amendment 143 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The identification and traceability of products is a necessary prerequisite for verifying whether the compliance requirements laid down by this Regulation are respected.
Amendment 144 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Economic operators must always be able to identify their suppliers and downstream operators to whom a particular product has been supplied. Products should therefore bear information enabling them, their manufacturer and, where applicable, their importer to be identified.
Amendment 145 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) As the indication of the country of origin helps to identify the actual place of manufacture, and as such information can facilitate the task of the market surveillance authorities in identifying the actual place of manufacture, the indication of origin should be added to the basic traceability requirements concerning the name and address of the manufacturer.
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It also provides a framework for the market surveillance and traceability of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, information about the country of origin, protection of the environment and security.
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not apply to the construction products subject to the Regulation 2011/305.
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) ‘country of origin’ defined on the basis of the non-preferential origin rules set out in Articles 59 to 61 of Regulation (EEC) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;
Amendment 232 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Conditions for compliance A product may be made available on the market only if the following conditions are met: (a) the product shall be marked with an indication of the country of origin. Where the size or nature of the product does not allow that, the indication may be provided on the packaging or in a document accompanying the product; (b) if the country of origin referred to in Article 3(2) of this Regulation is a Member State of the Union, the indication of the country of origin may be related to the Union or to a particular Member State.
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Where Union harmonisation legislation provides for the drawing up of an EU declaration of conformity, manufacturers shall makmay indicate a website or e-mail address where the EU declaration publicly available on their website or, in the absence of a website, by any other means that allowsof conformity can be obtained. Alternatively, the person responsible for compliance information should make the EU declaration to be readily accessed by the general public in the Uniof conformity available to market surveillance authorities upon free of chargequest.
Amendment 245 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure adequate visibility of the contact points for the products referred to in [Regulation(EC) No 764/2008 of the European Parliament and the Council / Regulation (EU)….of the European Parliament and the Council].
Amendment 255 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A market surveillance authority may enter into a partnership arrangement with an economic operator established in its territoryorganisations representing businesses under which the authority agrees to provide the economic operator with advice and guidance in relation to the Union harmonisation legislation applicable to the products for which the economic operator is responsible.
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. A market surveillance authority that enters into a partnership arrangement under paragraph 1 may charge the economic operator fees representing the costs reasonably incurred by the authority in the exercise of its functions under paragraphs 1 and 2not subcontract its work as part of such an arrangement to a notified body or any other conformity assessment body designated pursuant to Union harmonisation legislation.
Amendment 313 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
Amendment 324 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Without prejudice to the procedure set out in Union harmonisation legislation for dealing with products presenting a risk at national level, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non- compliance concerned: (a) the conformity marking has been affixed in violation of the general principles of the CE marking as set out in the applicable Union harmonisation legislation; (b) the conformity marking has not been affixed; (c) the EC declaration of conformity has not been drawn up; (d) the EC declaration of conformity has not been drawn up correctly; (e) technical documentation is either not available or not complete. Where the non-compliance persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market.
Amendment 327 #
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Market surveillance authorities shall perform their activities with a high level of transparency and shall make available to the general public any information that they deem relevant for the general public, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data. They shall also ensure that the following information is entered in the system referred to in Article 34:
Amendment 371 #
Proposal for a regulation
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
Amendment 382 #
Proposal for a regulation
Article 14 – paragraph 3 – point k
Article 14 – paragraph 3 – point k
(k) the power to prohibit the making available of products on the market or to withdraw, recall or destroy products, wherthe economic operators fail twice to provide the information requested by the market surveillance authority to verify the compliance of those products and while the failure persists; the decision to apply these measures must be notified to the economic operator with 15 days’ notice;
Amendment 437 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. An appropriate appeal procedure should be put in place for decisions of Union testing facilities following their tasks as described in paragraph 4.
Amendment 438 #
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Union Testing Facilities should refrain from any commercial activities that could enter into competition with conformity assessment bodies.
Amendment 446 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. At the request of an applicant authority, the requested authority shall supply any information that the requested authority deems relevant, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 460 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. PIn case a product is deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to bthe Member State ncon-compliant by market surveillance authorities in another Member State, unless economic operators can provide evidence to the contrarycerned should inform the Union Product Compliance Network as referred to in Article 31.
Amendment 488 #
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
Amendment 497 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 512 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Commission shall establish separate or joint administrative coordination groups for all the instruments of Union harmonisation legislation listed in the Annex to this Regulation. Each administrative coordination group shall be composed of representatives of the competent national market surveillance authorities and, if appropriate, representatives of the single liaison offices, and representatives of the relevant business associations and of consumer associations. The Commission shall publish on its website the agendas and calendar of meetings of the administrative coordination groups.
Amendment 522 #
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The following procedure should be followed when common approaches as specified in point (h) of Article 33(3) are discussed and agreed upon by the administrative coordination groups: (a) before administrative coordination groups discuss and agree upon common approaches, relevant business associations and the manufacturer concerned should have the possibility to submit comments. (b) the Commission shall inform relevant business associations of common approaches agreed upon by administrative coordination groups.
Amendment 531 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 564 #
Proposal for a regulation
Annex I – point 42
Annex I – point 42