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Activities of Ashley FOX related to 2013/0049(COD)

Shadow reports (1)

2016/11/22
Committee: IMCO
Dossiers: 2013/0049(COD)
Documents: PDF(690 KB) DOC(867 KB)

Amendments (18)

Proposal for a regulation
Recital 7

(7) Despite the development of sector- specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a legislative framework of a horizontal nature to ~~fill gaps and ensure consumer protection not otherwise ensured~~cover gaps, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the TFEU.

2013/09/16
Committee: IMCO

Proposal for a regulation
Recital 12

(12) This Regulation should also apply to consumer products which, although not foodstuff, resemble foodstuff and are likely to because persons, in particular young children, to confused them with foodstuff in a way that consumers, especially children, may place them in their mouths, suck or ingest them, which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract and to consequently place them in their mouths, suck or ingest them, which by doing so may cause death or personal injury. Those food-imitating products have so far been regulated by Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers which should be repealed.

2013/09/16
Committee: IMCO

Proposal for a regulation
Recital 13 a (new)

(13a) Products specifically intended for children should be assessed for their levels of risk and appropriate action taken to mitigate that risk;

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 1 – title

Subject matter and objective.

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 1

The objective of this Regulation is to ensure the proper functioning of the internal market whilst maintaining a high level of health, safety and consumer protection. This Regulation lays down rules on the safety of consumer products placed or made available on the Union market.

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) to which ~~consumers are exposed~~are provided to a consumer in the co~~ntext~~urse of a service ~~provided to them~~, whether or not the product is used by the consumer himself.

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 4

4. ~~Chapters II to IV of t~~This Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it.

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 13 a (new)

(13a) 'product presenting a serious risk' means a product presenting a risk requiring rapid intervention and follow- up, including cases where the effects may not be immediate, any product that does not meet an essential requirement defined in the harmonisation legislation, as well as any product that does not meet the general safety requirement as defined in the mandate given be the Commission to the standardisation organisation shall be considered as presenting a serious risk;

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 13 b (new)

(13b) 'product models' means products that are considered distinct by presenting identical or similar essential characteristics. Differences, if any, should have no impact on their safety levels

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 7

Article 7 Indication of the origin 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. 2. For the purpose of determination of the country of origin within the meaning of paragraph 1, non-preferential origin rules set out in Articles 23 to 25 of Council Regulation (EEC) No 2913/92 establishing a Community Customs Code shall apply. 3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State.deleted

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 8 – paragraph 5

5. Manufacturers shall keep, for a period of ten years after the product has been placed on the market, the technical documentation and make it available to the market surveillance authorities, upon a reasoned request.

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 8 – paragraph 6 a (new)

6a. Where manufacturers consider that their products bear no risks or only a low level of risk, the provisions in paragraphs 3, 4 and 5 shall not apply. In making that assessment the manufacturer must be able to demonstrate its decision to the relevant market surveillance authorities, following a reasoned request, and to its downstream suppliers.

2013/09/16
Committee: IMCO

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

(a) further to a reasoned request from a market surveillance authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 10 – paragraph 8

8. Importers shall ~~keep, for a period of ten years after the product has been placed on the market,~~ensure that the technical documentation can~~d make it~~ be made available to the market surveillance authorities, upon request.

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) the manufacturer, importer or distributor can demonstrate that the risk has been ~~ful~~effectively controlled ~~and cannot any more endanger the health and safety of persons~~;

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 2

2. Economic operators shall be able to present the information referred to in the first paragraph for a period ~~of 10 years after they have been supplied with the product and for a period of 10 years~~that is a reasonable assessment of the lifecycle of a product after they have supplied the product.

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 15

Article 15 Traceability of products 1. For certain products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability. 2. The system of traceability shall consist of the collection and storage of data by electronic means enabling the identification of the product and of the economic operators involved in its supply chain as well as of the placement of a data carrier on the product, its packaging or accompanying documents enabling access to that data. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20: (a) determining the products, categories or groups of products susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1; (b) specifying the data which economic operators shall collect and store by means of the traceability system referred to in paragraph 2. 4. The Commission may by means of implementing acts determine the type of data carrier and its placement as referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(3). 5. When adopting the measures referred to in paragraphs 3 and 4, the Commission shall take into account the following: (a) the cost-effectiveness of the measures, including their impact on businesses in particular small and medium-sized enterprises; (b) the compatibility with traceability systems available at international level.deleted

2013/09/16
Committee: IMCO

Proposal for a regulation
Article 18 – paragraph 2

2. The penalties referred to in paragraph 1 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

2013/09/16
Committee: IMCO