11 Amendments of Julie GIRLING related to 2017/0353(COD)
Amendment 42 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should cover products that are subject to the Directive 2001/95/EC or the Union harmonisation legislation listed in the Annex. The legislation listed in the Annex should cover all Union harmonisation legislation concerning manufactured products other than food, feed, medicinal products for human and veterinary use, living plants and animals, products of human origin and products of plants and animals relating directly to their future reproduction. This will ensure a uniform framework for market surveillance of those products at Union level. Several instruments of Union harmonisation legislation on products need to be amended in consequence, in particular to remove references to certain provisions of Regulation (EC) No 765/2008. If new Union harmonisation legislation is adopted in the future, it will be for that legislation to provide whether this Regulation is also to apply to that legislation.
Amendment 45 #
Proposal for a regulation
Recital 14
Recital 14
(14) A fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition. To this purpose, strengthened enforcement of Union harmonisation legislation on products is necessary. Good cooperation between manufacturers, wholesalers, retailers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product. It is important that there should be a contact person established in the Union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with Union harmonisation legislation. The person responsible for providing such compliance information should be the manufacturer, or the importer, orauthorised representative, an importer when the manufacturer is not established in the Union and there is no other authorised representative, or - in the case there is no manufacturers or importer established in the Union - another person designated by the manufacturer for this purpose, for example another economic operator. The role of a person responsible for compliance information established in the Union is essential for providing market surveillance authorities with an interlocutor established in the Union, and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of Union harmonisation legislation, for the benefit of consumers, workers and businesses within the Union. The provisions in this Regulation requiring there to be a person established in the Union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect, namely Article 4 of Regulation (EC) No 1223/2009, Article 15 of Regulation (EU) 2017/745 and Article 15 of Regulation 2017/746.
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all products that are subject to Directive 2001/95/EC or the Union harmonisation legislation set out in the Annex to this Regulation (‘Union harmonisation legislation’).
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22 a (new)
Article 3 – paragraph 1 – point 22 a (new)
(22 a) ‘distinct models’ means models of products that are considered to be distinct due to different essential characteristics that may have an impact on their safety.
Amendment 92 #
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) cooperating with the market surveillance authorities, at their request, on any action taketo take action to eliminate or, if that is not possible, mitigate the risks posed by the product.
Amendment 98 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Obligations of distributors 1. Before making a product available on the market, distributors shall take all reasonable steps to ensure that the manufacturer and the importer have complied with the requirements set out in the applicable harmonisation legislation, harmonised standards or the Directive 2001/95/EC. 2. Further to a reasoned request from a market surveillance authority, the person responsible for compliance information shall provide that authority with all the information and documentation necessary to demonstrate the conformity of the product in an official Union language determined by the Member State concerned, and to demonstrate the existence of different essential characteristics between its distinct models as defined in point 22a of Article 3.
Amendment 128 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
(b) the product does not conform to applicable requirements under Union harmonisation legislation or under Directive 2001/95/EC.
Amendment 132 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall draw up a national market surveillance strategy, as a minimum, every 3 years. The strategy shall promote a consistent, comprehensive and integrated approach to market surveillance and enforcement of Union harmonisation legislation within the territory of the Member State and shall include all sectors and stages of the product supply chain, including imports and digital supply chains. In establishing their national market surveillance strategies, the Member States shall consult stakeholders and make their comments available to the general public.
Amendment 138 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall communicate their national market surveillance strategy through the system referred to under Article 34, and shall make it available to the general public.
Amendment 161 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4 a. Market surveillance authorities shall take due account of the test, results, analysis and conclusions of the Union testing facilities to adopt appropriate market surveillance measures.
Amendment 164 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Products deemed to be non- compliantunsafe on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to be non-compliantillegal by market surveillance authorities in another Member State, unless economic operators can provide evidence to the contrary.