10 Amendments of Philippe JUVIN related to 2017/0354(COD)
Amendment 66 #
Proposal for a regulation
Recital 16
Recital 16
(16) The producer, or the producer's authorised representative, should be responsible for filling in the information in the mutual recognition declaration as the producer knows the goods best. However, the information that the goods are being made available to end users in the relevant Member State may be in the possession of an importer or a distributor, rather than the actual producer. It should therefore be permissible for another economic operator to fill in this information in place of the producer.
Amendment 90 #
Proposal for a regulation
Recital 26
Recital 26
(26) Regulation (EC) No 765/2008 of the European Parliament and of the Council23 establishes a system of accreditation which ensures the mutual acceptance of the level of competence of conformity assessment bodies. The competent authorities of Member States should therefore not refuse test reports and certificates issued by an accredited conformity assessment body on grounds related to the competence of that body. Furthermore, in order to avoid as far as possible the duplication of tests and procedures which have been already carried out in another Member State, Member States should also accepttake due account of test reports and certificates issued by other conformity assessment bodies in accordance with Union law. Competent authorities should be required to take due account of the content of the test reports or certificates presented. _________________ 23 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 122 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 129 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Alternatively, the producer may mandate his authorised representative to draw up the declaration on his behalf provided that the mandate explicitly mentions it.
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Within the mutual recognition declaration, the specific information related to the marketing of the goods or type of goods may, however, be filled in by any economic operatorthe authorised representative who will bear the responsibility for these information.
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Where the goods for which the lawful marketing declaration regarding mutual recognition declaration is being supplied are also subject to a Union act requiring an EU declaration of conformity, the mutual recognition declaration may be included as part ofattached to thate EU declaration of conformity.
Amendment 176 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where a competent authority of a Member State has doubts as regards goods which the economic operator claims are lawfully marketed in another Member State, the competent authority shall contact the relevant economic operator without delay and shall carry out an assessment the goods. This assessment shall establish whether the goods are lawfully marketed in another Member State and if so whether those goods ensure at least equivalent level of protection of the public interests protected by the national law of the member state of destination.
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) the legitimate public interest ground on which the decision is justifiednational rule is based on;
Amendment 193 #
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) the evidence demonstrating that the decision is appropriate for the purpose of achieving the objective pursued and that it does not go beyond what is necessary in order to attain that objective, or if appropriate, the reminder of the demonstration of the proportionality of the national rule on which the administrative decision is based.
Amendment 205 #
(a) under normal or reasonably foreseeable conditions of use, the goods pose a sare or could be dangerious risk, including onerisks where the effects are not immediate, which requires rapid intervention by the competent authority;