25 Amendments of Sergio Gaetano COFFERATI related to 2013/0049(COD)
Amendment 76 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should not cover services. However, in order to secure the attainment of the protection of health and safety of consumers, it should apply to products that are supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during a service provision. Equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this Regulation since it has to be dealt with in conjunction with the safety of the service provided.
Amendment 92 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The distributor should ensure that the manufacturer and the importer have complied with their obligations, that is to say verifying the indication on product or on its packaging of the name, model name, brand name or address at which the manufacturer and the importer can be contacted and the affixing of the manufacturer's batch number, serial number or other element on the product for the identification of the product. The distributor should not check each product individually, unless the distributor considers that the manufacturer on importer have not fulfilled their requirement.
Amendment 105 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
Amendment 109 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 3 – point h
Article 2 – paragraph 3 – point h
Amendment 133 #
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) 'product model' means products that are considered to be distinct although presenting identical or similar essential characteristics, with differences which do not impact their safety level unless otherwise proven by the manufacturer or the importer;
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1 – point 17 a (new)
Article 3 – paragraph 1 – point 17 a (new)
(17a) 'Vulnerable consumers' are persons who have difficulties in accessing and comprehending relevant consumer information or because of their mental, physical or psychological disability or their age are more exposed to safety risk, and therefore need special protection.
Amendment 174 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) the precautionary principle;
Amendment 182 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a CE + marking The CE+ marking shall be affixed only by the manufacturer or his authorised representative. The CE+ marking shall be affixed only to consumer products covered by this regulation, and shall not be affixed to any other product. The CE+ marking shall be affixed after testing on representative samples of the products put up for sale pick randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State. The CE+ marking shall be the only marking which attests that the product has been tasted and found to be a safe product.
Amendment 192 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. Manufacturers and importers shall also affix on products an indication of the origin of the constituent materials. The indication of origin of the finished product must be clearly visible to the consumer.
Amendment 205 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of aIn order to ensure the highest product safety, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the marketat least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring.
Amendment 233 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. In order to strengthen products safety, manufacturers shall draw up a list of their product models, and make it available to the public and other economic operators by any appropriate means. The manufacturer shall provide the market surveillance authorities, upon request, as well as any economic operator to whom he distributes his products, with evidence supporting the existence of different essential characteristics between its product models.
Amendment 244 #
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, if appropriate. Furthermore, where the product is not saf. Furthermore, 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.
Amendment 256 #
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 that the technical documentation drawn up by the manufacturer in application of Article 8.
Amendment 262 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Importers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.
Amendment 265 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Proportionate to the possible risks presented by a product, importers shall, to protect the health and safety of persons, carry out sample testing of marketed products, at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints, and keep a register of complaints, of non- conforming products and of product recalls, and shall keep the manufacturer and distributors informed of such monitoring.
Amendment 270 #
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, if appropriate. Furthermore, where the product is not saf. Furthermore, 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.
Amendment 299 #
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. Alternatively, distributors may request a professional association which they are a member of, or organise themselves in a professional association for the collective entity, to fulfil their obligations under this article.
Amendment 309 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Obligation to inform the market surveillance authorities in accordance with Article 8(9), Article 10(2) and (7) and Article 11(3) and (5) shall not apply where the following conditions are fulfilled:manufacturer, importer or distributor can demonstrate that the risk has been fully controlled and cannot any more endanger the health and safety of persons and that all necessary corrective measures have already been taken to normalise, withdraw or recall the product.
Amendment 311 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 312 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
Amendment 316 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 319 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 344 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the size and turnover of the undertakings, and in particular to the situation of small and medium-sized enterprisess well as the actual operations carried out by economic operators as part of the production process and the extent to which they are in a position ot affect product safety. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 353 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The delegation of power referred to in Articles 13(3) and 15(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.