Activities of Jürgen CREUTZMANN 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)
Shadow opinions (1)
OPINION 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
Amendments (86)
Amendment 24 #
Proposal for a regulation
Recital 8
Recital 8
(8) In respect of the consumer products subject to this Regulation the scope of its application of the different parts of it should be clearly delimited from sector- specific Union harmonisation legislation. Whilst the general product safety requirement and related provisThe Regulations should be applicable to all consumer products, the obligations of economic operators should not apply where Union harmonisation legislation includes equivalent obligations,therefore not apply to products subject to Union harmonisation legislation such as Union legislation on cosmetics, toys, electrical appliances or construction products. Or. en (see amendments of Articles 2, 5 and 6 by the same author)
Amendment 27 #
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products under reasonably foreseeable conditions, taking into account their vulnerability, in particular children, the elderly and the disabled. When assessing the risks for vulnerable consumers, due consideration should be given to the applications intended and described as such by the manufacturer in the product's safety instructions and the responsibilities and supervision or training obligations incumbent upon family members, service providers or employers. Or. en (see amendment of Article 6(1)(1)(d) by the same author)
Amendment 30 #
Proposal for a regulation
Recital 14
Recital 14
(14) To avoid overlapping safety requirements and conflicts with other Union legislation, a product which conformsis subject to sector-specific Union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this Regulation. excluded from the scope of this Regulation. Or. en (see amendments of Articles 5 and 6 by the same author)
Amendment 32 #
Proposal for a regulation
Recital 20
Recital 20
(20) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer andor, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this Regulation. Or. en (see amendments on Articles 8 and 10 by the same author)
Amendment 34 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 36 #
Proposal for a regulation
Recital 24
Recital 24
(24) The procedures to request European standards in support of this Regulation, and on formal objections against them, should be laid down in this Regulation and be aligned with Regulation (EU) No 1025/2012. To ensure overall consistency in European standardisation issues, requests for European standards, or objections to a European standard, should therefore be brought before the committee set up by that Regulation, after appropriate consultation of experts of the Member States in the field of consumer product safety. and relevant stakeholders. Or. en (see amendment of Article 16(1) by the same author)
Amendment 37 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the exemption to the obligation to inform market surveillance authorities about products presenting a risk, as regards the type of data carrier and its placement on the product for the purposes of the traceability system, as regards standardisation requests to European standardisation organisations and as regards decisions on formal objections to European standards. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers20 . Or. en (see amendment of Article 16 (1) by the same author)
Amendment 38 #
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, when placed on the market, they were not intended for themconsumers;
Amendment 41 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Chapters II to IV of tThis Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it. Or. en (see amendments on Articles 5 and 6 by the same author)
Amendment 43 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and, maintenance, training and supervision 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 47 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 48 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a), as regards the risks covered by European standards, if it conforms to relevant European standards or parts thereof, the references of which have been published in the Official Journal of the European Union in accordance with Articles 16 and 17; Or. en (see amendments of Articles 2 and 6 by the same author)
Amendment 49 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a) and European standards referred to in point (b), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements. Or. en (see amendments of Articles 2 and 6 by the same author)
Amendment 50 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 52 #
Proposal for a regulation
Article 6 – paragraph 1 –point d
Article 6 – paragraph 1 –point d
(d) the categories of consumers at risk when using the product, in particular vulnerable consumers; likely to use the product under reasonably foreseeable conditions; Or. en (see amendments of Recital 13 and Article 16(2a) new by the same author)
Amendment 53 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 54 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 55 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 56 #
Proposal for a regulation
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 57 #
Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
Article 6 – paragraph 2 – point h a (new)
Amendment 59 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 60 #
Proposal for a regulation
Article 7
Article 7
Amendment 64 #
Proposal for a regulation
Article 8 – paragraph 4 – point c a (new)
Article 8 – paragraph 4 – point c a (new)
(ca) where the manufacturer does not place the product on the market, name, registered trade name or registered trade mark of the manufacturer and the address at which he can be contacted.
Amendment 65 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of tenfive years after the product has been placed on the market, themake the relevant parts of technical documentation and make it available to the market surveillance authorities, upon request. (see Articles R2(9) and R4(9) of Decision No 768/2008/EC, Annex VII A(2) of Directive 2006/42/EC, EC Guidelines on the application of Directive 2006/95/EC and amendment of in electronic or physical format, upon reasoned request. The technical documentation does not have to be located in the territory of the Union, nor does it have to be permanently available in material form. However, it must be capable of being assembled and made available within a reasonable time- frame. Or. en Article 10(8) by the same author)
Amendment 68 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. MWhere manufacturers place a product on the market, they 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 or on a website clearly indicated on the product or its packaging or accompanying documents. The address must indicate a single point at which the manufacturer can be contacted. Or. en (see amendment of Article 10(3) by the same author)
Amendment 71 #
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 72 #
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, ifas 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. Or. en (see amendment of Article 10(7) and 11(5) by the same author)
Amendment 74 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 4 and that the manufacturer has complied with the requirements set out in Article 8(4), (6) and (7). and (6). Or. en (see amendments of Article 8(4)(c) and Article 8 (7) by the same author)
Amendment 75 #
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 or on a website clearly indicated on the product or its packaging or accompanying documents. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. Or. en (see amendment of Article 8(7) by the same author)
Amendment 77 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Importers shall ensure that the product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 78 #
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, ifas 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. Or. en (see amendment of Articles 8(9) and 11(5) by the same author)
Amendment 78 #
Proposal for a regulation
Recital 8
Recital 8
(8) In respect of the consumer products subject to this Regulation the scope of its application of the different parts of it should be clearly delimited from sector- specific Union harmonisation legislation. Whilst the general product safety requirement and related provisThe Regulations should be applicable to all consumer products, the obligations of economic operators should not apply where Union harmonisation legislation includes equivalent obligations,therefore not apply to products subject to Union harmonisation legislation such as Union legislation on cosmetics, toys, electrical appliances or construction products. Or. en (see amendments of Articles 2, 5 and 6 by the same author)
Amendment 79 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers shall keepensure that, for a period of tenfive years after the product has been placed on the market, the relevant parts of the technical documentation cand make it be made available to the market surveillance authorities, upon request. (See Articles R4(8) of Decision No 768/2008/EC and amendment of Article 8(5) by the same in electronic or physical format, upon reasoned request. Or. en author)
Amendment 82 #
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 requirements set outproduct includes the information required from manufacturers and importers in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 83 #
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 make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, ifas 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. Or. en (see amendments of Articles 8(9) and 10(7) by the same author)
Amendment 84 #
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products under reasonably foreseeable conditions, taking into account their vulnerability, in particular children, the elderly and the disabled. When assessing the risks for vulnerable consumers, due consideration should be given to the applications intended and described as such by the manufacturer in the product's safety instructions and the responsibilities and supervision or training obligations incumbent upon family members, service providers or employers. Or. en (see amendment of Article 6(1)(1)(d) by the same author)
Amendment 86 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the manufacturer, importer or distributor can demonstrate that the risk has been fuleffectively controlled and cannot any more enso as to prevent any dangers to the health and safety of persons;
Amendment 87 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 88 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) doeis not need to be indicated on the product itselfrequired.
Amendment 90 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Economic operators shall be able to present the information referred to in the first paragraph for a period of 105 years after they have been supplied with the product and for a period of 105 years after they have supplied the product.
Amendment 91 #
Proposal for a regulation
Recital 14
Recital 14
(14) To avoid overlapping safety requirements and conflicts with other Union legislation, a product which conformsis subject to sector-specific Union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this Regulation. excluded from the scope of this Regulation. Or. en (see amendments of Articles 5 and 6 by the same author)
Amendment 93 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
(2a) Where economic operators identify the information referred to in the first paragraph, the market surveillance authorities shall treat this information as confidential.
Amendment 96 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For certain products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, and after consulting relevant stakeholders, as appropriate, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
Amendment 98 #
Proposal for a regulation
Recital 20
Recital 20
(20) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer andor, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this Regulation. Or. en (see amendments on Articles 8 and 10 by the same author)
Amendment 100 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The Commission may request one or several European standardisation organisations to draft or identify a European standard, which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in Article 4. Taking into account the views of relevant stakeholders, as appropriate, the Commission shall determine the requirements as to the content to be met by the requested European standard and a deadline for its adoption. Or. en (See amendment of Recital 24 by the same author)
Amendment 100 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 101 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The Commission shall adopt the request referred to in the first subparagraph by an implementing decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(3). delegated act in accordance with Article 20. Or. en (See amendment of Recital 27 by the same author)
Amendment 102 #
Proposal for a regulation
Article 18
Article 18
Amendment 106 #
Proposal for a regulation
Recital 24
Recital 24
(24) The procedures to request European standards in support of this Regulation, and on formal objections against them, should be laid down in this Regulation and be aligned with Regulation (EU) No 1025/2012. To ensure overall consistency in European standardisation issues, requests for European standards, or objections to a European standard, should therefore be brought before the committee set up by that Regulation, after appropriate consultation of experts of the Member States in the field of consumer product safety. and relevant stakeholders. Or. en (see amendment of Article 16(1) by the same author)
Amendment 107 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the exemption to the obligation to inform market surveillance authorities about products presenting a risk, as regards the type of data carrier and its placement on the product for the purposes of the traceability system, as regards standardisation requests to European standardisation organisations and as regards decisions on formal objections to European standards. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. Or. en (see amendment of Article 16 (1) by the same author)
Amendment 115 #
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, when placed on the market, they were not intended for themconsumers;
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Chapters II to IV of tThis Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it. Or. en (see amendments on Articles 5 and 6 by the same author)
Amendment 128 #
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
(1) ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and, maintenance, training and supervision 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 144 #
Proposal for a regulation
Article 5 – point a
Article 5 – point a
Amendment 146 #
Proposal for a regulation
Article 5 – point b
Article 5 – point b
(b) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a), as regards the risks covered by European standards, if it conforms to relevant European standards or parts thereof, the references of which have been published in the Official Journal of the European Union in accordance with Articles 16 and 17; Or. en (see amendments of Articles 2 and 6 by the same author)
Amendment 148 #
Proposal for a regulation
Article 5 – point c
Article 5 – point c
(c) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a) and European standards referred to in point (b), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements. Or. en (see amendments of Articles 2 and 6 by the same author)
Amendment 153 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 154 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d
Article 6 – paragraph 1 – subparagraph 1 – point d
(d) the categories of consumers at risk when using the product, in particular vulnerable consumers; likely to use the product under reasonably foreseeable conditions; Or. en (see amendments of Recital 13 and Article 16(2a) new by the same author)
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 171 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 178 #
Proposal for a regulation
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 181 #
Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
Article 6 – paragraph 2 – point h a (new)
Amendment 186 #
Proposal for a regulation
Article 7
Article 7
Amendment 221 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point c a (new)
Article 8 – paragraph 4 – subparagraph 1 – point c a (new)
(ca) Where the manufacturer does not place the product on the market, name, registered trade name or registered trade mark of the manufacturer and the address at which he can be contacted.
Amendment 225 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of tenfive years after the product has been placed on the market, themake the relevant parts of technical documentation and make it available to the market surveillance authorities, upon request. (see Articles R2(9) and R4(9) of Decision No 768/2008/EC, Annex VII A(2) of Directive 2006/42/EC, EC Guidelines on the application of Directive 2006/95/EC and amendment of in electronic or physical format, upon reasoned request. The technical documentation does not have to be located in the territory of the Union, nor does it have to be permanently available in material form. However, it must be capable of being assembled and made available within a reasonable time- frame. Or. en Article 10(8) by the same author)
Amendment 238 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. MWhere manufacturers place a product on the market, they 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 or on a website clearly indicated on the product or its packaging or accompanying documents. The address must indicate a single point at which the manufacturer can be contacted. Or. en (see amendment of Article 10(3) by the same author)
Amendment 239 #
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 243 #
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, ifas 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. Or. en (see amendment of Article 10(7) and 11(5) by the same author)
Amendment 257 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 4 and that the manufacturer has complied with the requirements set out in Article 8(4), (6) and (7). and (6). Or. en (see amendments of Article 8(4)(c) and Article 8 (7) by the same author)
Amendment 260 #
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 or on a website clearly indicated on the product or its packaging or accompanying documents. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. Or. en (see amendment of Article 8(7) by the same author)
Amendment 264 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Importers shall ensure that the product is accompanied by instructions and safety information in a language or visual format which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 269 #
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, ifas 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. Or. en (see amendment of Articles 8(9) and 11(5) by the same author)
Amendment 275 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers shall keepensure that, for a period of tenfive years after the product has been placed on the market, the relevant parts of the technical documentation cand make it be made available to the market surveillance authorities, upon request. (See Articles R4(8) of Decision No 768/2008/EC and amendment of Article 8(5) by the same in electronic or physical format, upon reasoned request. Or. en author)
Amendment 280 #
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 requirements set outproduct includes the information required from manufacturers and importers in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 293 #
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 make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, ifas 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. Or. en (see amendments of Articles 8(9) and 10(7) by the same author)
Amendment 313 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the manufacturer, importer or distributor can demonstrate that the risk has been fuleffectively controlled and cannot any more enso as to prevent any dangers to the health and safety of persons;
Amendment 315 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 320 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) doeis not need to be indicated on the product itselfrequired.
Amendment 327 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Economic operators shall be able to present the information referred to in the first paragraph for a period of 105 years after they have been supplied with the product and for a period of 105 years after they have supplied the product.
Amendment 329 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Where economic operators identify the information referred to in the first paragraph, the market surveillance authorities shall treat this information as confidential.
Amendment 331 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For certain products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, and after consulting relevant stakeholders, as appropriate, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
Amendment 337 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The Commission may request one or several European standardisation organisations to draft or identify a European standard, which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in Article 4. Taking into account the views of relevant stakeholders, as appropriate, the Commission shall determine the requirements as to the content to be met by the requested European standard and a deadline for its adoption. Or. en (See amendment of Recital 24 by the same author)
Amendment 339 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
The Commission shall adopt the request referred to in the first subparagraph by an implementing decision. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(3). delegated act in accordance with Article 20. Or. en (See amendment of Recital 27 by the same author)
Amendment 342 #
Proposal for a regulation
Article 18
Article 18