26 Amendments of Norica NICOLAI related to 2013/0048(COD)
Amendment 68 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore integrate the provisions of Regulation 765/2008, Directive 2001/95/EC and several sector-specific acts of Union harmonisation legislation relating to market surveillance into a single regulation which covers products in both the harmonised and non-harmonised areas of the Union legislation, regardless whether they are intended for use, or are likely to be used, by consumers or professionals and whether they are sold offline or online.
Amendment 74 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to facilitate the work of market surveillance authorities, economic operators should make available all the documentation and information necessary to such authorities for the purpose of carrying out their activities. Market surveillance authorities should only require documentation and information that the relevant economic operator can be expected to possess according to their role in the supply chain.
Amendment 82 #
Proposal for a regulation
Recital 23
Recital 23
(23) There should be effective, speedy and accurate exchange of information among the Member States and between the Member States and the Commission. It is therefore necessary to provide for effective tools for such exchange. The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. RAPEX enables measures to be taken across the Union in relation to products that present a serious risk beyond the territory of a single Member State. To avoid unnecessary duplication, this system should be used for all alert notifications required by this Regulation relating to products presenting a serious risk.
Amendment 86 #
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. The level thereof should be set as a proportion of the value of sales of the products concerned during the last full year of the infringement, depending on its seriousness, duration and intentional or recurring character of the infringement. In any case, penalties should not exceed 10% of the company's total turnover in the preceding accounting year. Where possible under national law, Member States should be encouraged to allocate the revenue from such penalties to market surveillance activities.
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products available on the market, either online or offline, 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, the level-playing field among market operators and other public interests.
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'intermediary service providers' means any natural or legal person who enables the placing or making available on the market of a product via electronic means, such as by operating e-commerce platforms or hosting websites;
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘'economic operators’' means the manufacturer, the authorised representative, the importer and the distributo, the distributor and the intermediary service provider;
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) follow and keep up to date with developments in scientific and technical knowledge concerning the safety of productsand compliance of products with Union harmonised legislation.
Amendment 172 #
Proposal for a regulation
Article 6 – paragraph 5 – point c e (new)
Article 6 – paragraph 5 – point c e (new)
(ce) participate, where possible and relevant, in activities of standardisation organisations for the purposes of the development or revision of standards in accordance with Regulation (EU) No. 1025/2010.
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) the levels and modalities of calculation of fees applicable to economic operators pursuant to Articles 10 and 16 of this Regulation;
Amendment 182 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The general and sector-specific programmes and their updates shall be drawn up after consultation with relevant stakeholders and shall be communicated to the other Member States and the Commission and, s. Subject to Article 6(6), they shall be made accessible to the public electronically and, where appropriate, by other means.
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. OnFurther to a reasoned request, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities anyll the documentation and information that those authorities require for the purpose of carrying out their activities, in electronic or physical format and in a language which can be easily understood by them. Such information shall include information that enables the precise identification of the product and facilitates the tracing of the product, as appropriate.
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Economic operators shall provide all necessary information to market surveillance authorities including information that enables the precise identification of the product and facilitates the tracingcooperate with market surveillance authorities at their request, on any action taken to eliminate the risks presented by products that they have placed or made available ofn the producmarket.
Amendment 201 #
Proposal for a regulation
Article 8 i (new)
Article 8 i (new)
Amendment 215 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 248 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Market surveillance authorities may destroy or otherwise render inoperable a product presenting a risk where they deem it necessary and proportionate. TWhey may require the relevant economic operator tohas been identified, he shall bear the entire cost of such action.
Amendment 270 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. On the basis of the results of the evaluation conducted pursuant to paragraph 3, the Commission mayshall decide without undue delay by implementing acts whether the national measures are justified and similar measures should be taken by all Member States that have not already done so. In this case, it shall address the decision to the Member States concerned and immediately communicate it to all Member States and the relevant economic operator or operators.
Amendment 277 #
Proposal for a regulation
Article 13 – paragraph - 1 (new)
Article 13 – paragraph - 1 (new)
-1. The Commission shall adopt by means of implementing acts a general risk assessment methodology and, where relevant, guidelines for the application of that methodology to specific categories of products. Such implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2).
Amendment 278 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
1. Risk assessment shall be based on available scientific or technical evidence. and shall be carried out in accordance with the general risk assessment methodology developed by the Commission in accordance with the previous paragraph and, where relevant, according to the guidelines on the application of thereof to specific categories of products.
Amendment 288 #
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 299 #
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 risksuspend the release of a product in any of the following cases:
Amendment 308 #
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 320 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a serious risk in accordance with this Regulation.
Amendment 327 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Notification through RAPEX of products presenting a serious risk
Amendment 329 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) any corrective action taken by economic operators pursuant to points (c) and (d) of Article 9(34);
Amendment 386 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
The level of the penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particulbe established as a proportion of the value of sales of the products concerned during the last full year tof the situation of small and medium-sizeinfringement, depending on its seriousness, duration and einterprisesntional character. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. In any case, the penalties shall not exceed 10% of the company's total turnover in the preceding business year.