Activities of Emma McCLARKIN related to 2017/0354(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State PDF (710 KB) DOC (107 KB)
Amendments (14)
Amendment 46 #
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, fully and thoroughly explained, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possible. As part of this Regulation, the Commission and the Member States are encouraged, with the aim of reducing internal market barriers and improve the functioning of the single market for goods, to initiate an assessment process as to whether all the national rules are still fit for purpose and are not creating disproportionate non- tariff barriers. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective. The Commission is encouraged to provide non-binding guidance on the concept of overriding reasons of public interest and on how to apply the principle of mutual recognition. Competent authorities should have the ability and opportunity to provide contributions to and deliver feedback on the guidance.
Amendment 86 #
Proposal for a regulation
Recital 25
Recital 25
(25) While a competent authority is assessing goods before deciding whether or not it should deny or restrict market access, it should not be able to take decisions suspending market access, except where rapid intervention is required to prevent harm to safety andor health of users, persons or to the environment, or to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of public morality or public security, including for example the prevention of crime.
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12a) ‘serious risk’ means any serious risk, including those the effects of which are not immediate, requiring rapid intervention by the public authorities.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The declaration shall be completed in one of the official languages of the Union and, where that language is not the language required by the Member State of destination, it shall be translated by the economic operators into the language or languages required by the Member State of destinationEnglish.
Amendment 156 #
Proposal for a regulation
Article 4 – paragraph 7 – point b a (new)
Article 4 – paragraph 7 – point b a (new)
(ba) in principle, refusing to accept a declaration without thoroughly explained overriding reasons of public security as referred to in Article 3 paragraph 1 of this Regulation, shall be considered a breach of the free movement of goods principle and the Commission shall act accordingly.
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
Amendment 178 #
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, as part of their market control activities, a competent authority of a Member State of destination has reasonable doubts as to whether goods that are made available on its market 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.
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. An administrative decision that does not comply with the requirements set out in paragraph 2, 3, 4, 5 and 6 will render inapplicable.
Amendment 204 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) under normal or reasonably foreseeable conditions of use, the goods pose a serious risk to safety or health of users, persons or to the environment, including one where the effects are not immediate, which requires rapid intervention by the competent authority;
Amendment 221 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall, within three monthsout undue delay of receipt of the request referred to in paragraph 1, enter into communication with the relevant economic operator or operators and the competent authorities who took the administrative decision in order to assess the compatibility of the administrative decision with the principle of mutual recognition and this Regulation.
Amendment 226 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall complete its assessment within six weeks of receipt of the request referred to in paragraph 1. Following completion of its assessment, the Commission mayshall issue an opinion identifying concerns if any that should, in its view, be addressed in the SOLVIT case and, where appropriate, making recommendations to assist in solving the case.
Amendment 242 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall provide for and ensure efficient cooperation and exchange of information between the competent authorities and the Product Contact Points of the various Member States. In order to achieve this, the Commission shall in the first place enhance the already existing cooperation mechanisms and tools, without establishing any new compulsory mechanisms.
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Commission shall analyse on a regular basis the feedback from the Member States to the Commission's guidance on the concept of overriding reasons of public interests as well as their recommendations.
Amendment 250 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Union mayshall finance the following activities in support of this Regulation: