BETA

Activities of Ashley FOX related to 2013/0048(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2013/0048(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council on market surveillance of products and amending Council Directives 89/686/EEC and 93/15/EEC, and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 1999/5/EC, 2000/9/EC, 2000/14/EC, 2001/95/EC, 2004/108/EC, 2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 2009/105/EC, 2009/142/EC, 2011/65/EU, Regulation (EU) No 305/2011, Regulation (EC) No 764/2008 and Regulation (EC) No 765/2008 of the European Parliament and of the Council PDF (618 KB) DOC (776 KB)

2016/11/22
Committee: IMCO
Dossiers: 2013/0048(COD)
Documents: PDF(618 KB) DOC(776 KB)

Amendments (19)

Proposal for a regulation
Article 3 – paragraph 1 – point 12 b (new)

(12b) "non-compliant product" means a product which fails to meet the requirements of Union legislation

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 3

3. The implementation of market surveillance activities and external border controls shall be monitored by the Member States which shall report on these activities and controls to the Commission every three years. The ~~information reported shall include statistics regarding the number of controls carried out and shall be communicated to all Member States. Member States may make a summary of the results accessi~~Commission shall communicate this information to all Member States. A summary of this information may be made available to the public.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 4

4. The results of the monitoring and assessment of market surveillance activities carried out pursuant to paragraph 3 shall be made available to the public, electronically and, where appropriate, by other means.deleted

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2

In cases of known or emerging risk related to the objectives set out in Article 1 of this Regulation and concerning a particular product or a category of products, the Commission may adopt implementing acts to establish uniform conditions for the carrying out of the checks performed by one or several market surveillance authorities in relation to that particular product or category of products and the characteristics of that known or emerging risk. These conditions may include requirements for a temporary increase of the scale and frequency of checks to be carried out and the adequacy of samples to be checked. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 32(2).deleted

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 7 – paragraph 1 – point b

~~(b) the financial resources, staff, technical and other means attributed to the authorities;~~deleted

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 8 – paragraph 1

1. On request, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities any necessary documentation and information that those authorities require for the purpose of carrying out their activities, in a language which can be easily understood by ~~them.~~ end users as determined by the Member State concerned.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 9 – title

PNon-compliant products and products presenting a risk

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may be non-compliant or present a risk, they shall carry out a risk assessment in relation to thate product ~~taking account of~~concerned covering the requirements laid down in the applicable Union legislation and, where necessary, the considerations and criteria set out in Article 13.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2

Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator to rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities ~~shall ensure that the product is withdrawn or recall~~may, if appropriate, withdraw or recall the product in question until the non-compliance is rectified.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 17

Article 17 Personal imports 1. Where a product enters the Union accompanied by, and in the physical possession of, a natural person and reasonably appears to be destined for the personal use of that person, its release shall not be suspended pursuant to Article 14(3) except where the use of the product can endanger the health and life of persons, animals or plants. 2. A product shall be deemed to be destined for the personal use of a natural person bringing it into the Union if it is of an occasional nature and exclusively intended for use by that person or his family and does not by its nature or quantity indicate any commercial intent.deleted

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 19 – paragraph 1

1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a serious risk in accordance with this Regulation.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 20 – title

Notification through RAPEX of products presenting a serious risk

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2

The first subparagraph shall not apply where the RAPEX contact point has reason to believe that the effects of the serious risk presented by a product do not go beyond the territory of its Member State.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 20 – paragraph 3

3. Where a notification relates to a product found not to comply with Union harmonisation legislation, the information provided shall also indicate whether the non-compliance is due to any of the following: (a) the failure of the product to satisfy the requirements of the applicable legislation; (b) shortcomings in the harmonised standards referred to in that legislation which confer a presumption of conformity with those requirements. Where a measure or corrective action referred to in paragraph 1 relates to a product that has undergone conformity assessment by a notified body, the market surveillance authorities shall ensure that the relevant notified body is informed of the corrective action or measures taken.deleted

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 20 – paragraph 4

4. On receiving a notification, the Commission shall communicate it to the other Member States. If the notification does not satisfy the administrative requirements set out in paragraphs 1, 2 and 3, the Commission may suspend it.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 2

ICSMS shall contain a record of references to the notifications of measures or corrective action made under RAPEX in accordance with Article 20. The Commission will develop an interface between ICSMS and RAPEX which will automatically transfer information about serious risk to the RAPEX system.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1

2. Market surveillance authorities shall, on receipt of a duly motivated request from a market surveillance authority in another Member State, provide a~~ny relevant information or documentation and carry out checks, inspections or investigations and report on them and on any follow-up action taken~~ssistance on an appropriate scale to the requesting authority.

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 28

Article 28 European Union reference laboratories 1. For specific products or a category or group of products or for specific risks related to a category or group of products, the Commission may by means of implementing acts designate Union reference laboratories that satisfy the criteria set out in paragraph 2. 2. Each Union reference laboratory shall satisfy the following criteria: (a) have suitably qualified staff with adequate training in the analytical techniques used in their area of competence and an adequate knowledge of standards and practices; (b) possess the equipment and reference material needed to carry out the tasks assigned to them; (c) act in the public interest in an impartial and independent manner; (d) ensure that the staff respect the confidential nature of certain subjects, results or communications. 3. Within the area of their designation, Union reference laboratories shall where appropriate have the following tasks: (a) carrying out product testing in relation to market surveillance activities and investigations; (b) contributing to the resolution of disputes between the authorities of Member States, economic operators and conformity assessment bodies; (c) providing independent technical or scientific advice to the Commission and the Member States; (d) developing new techniques and methods of analysis; (e) disseminating information and providing training.deleted

2013/09/11
Committee: IMCO

Proposal for a regulation
Article 31 – paragraph 2

The penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particular to the situation of small and medium-sized enterprises. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.deleted

2013/09/11
Committee: IMCO