Activities of Paul MURPHY related to 2013/0048(COD)
Shadow opinions (1)
OPINION 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, 00/14/EC, 2001/95/EC, 2004/108/EC, 2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 009/105/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
Amendments (12)
Amendment 24 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to guarantee the free movement of productsrights of workers and consumers in the EU and in third countries trading within the EUnion, it is necessary to ensure that theyproducts entering the EU market fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, protection of consumers and workers and their basic rights, protection of the environment and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union goods market can thrive. Rules are therefore necessary on market surveillance and on controls of products entering the Union from third countries.
Amendment 27 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Given the EU´s importance as a global trading bloc, it is necessary to use this position to enhance the protection of public interests such as health and safety, the protection of workers' rights and the environment in the countries the EU is trading with.
Amendment 36 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should strike a balance between transparency through the release of the maximum possible amount of information to the public and maintaining confidentiality, for example for reasons of personal data protection, commercial secrecy or the protection of investigations, in accordance with rules on confidentiality pursuant to applicable national law or, as regards the Commission, Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data apply in the context of this Regulation.
Amendment 37 #
Proposal for a regulation
Recital 31
Recital 31
(31) Information exchanged between competent authorities should be subject to the strictest guarantees of confidentiality and professional secrecy and be handled in a way that investigations are not compromised and that the reputations of economic operators are not prejudiced.
Amendment 40 #
Proposal for a regulation
Recital 34
Recital 34
(34) Market surveillance should be financed at least in part by fees charged to economic operators where they are required by market surveillance authorities to take corrective action or where those authorities are obliged to take action themselves. Those fees should not be borne by the consumer and therefore should have no bearing on the retail price of a product.
Amendment 43 #
Proposal for a regulation
Recital 42
Recital 42
(42) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. in particular this Regulation seeks to ensure full respect for obligation to ensure a high level of human health protection and consumer protection as well as full respect of the freedom to conduct a business and the right to propertys well as full respect for consumers' and workers' rights,
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, consumerthe protection of workers' and consumer rights, the environment, public security and other public interests.
Amendment 55 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a risk’ means a product having the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public securityincluding those involved in the manufacturing process, health and safety in the workplace, workers' rights through non- compliance with fundamental ILO conventions, consumer protection, the environment and public security, including in the country where the product was produced and/or processed, as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 65 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
They shall cooperate with economic operators and trade unions to prevent or reduce risks caused by products made available by those operators. For this purpose, they shall encourage and promote voluntary action by economic operators including, where applicable, through the developmenteconomic operators and develop guidelines of and adherence to codes of good practice.
Amendment 66 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) provide consumers and other interested parties, including trade unions, with the opportunity to submit complaints on issues relating to product safety, market surveillance activities and risks arising in connection with products and follow up those complaints as appropriate;
Amendment 80 #
Proposal for a regulation
Article 13 – paragraph 2 – point c a (new)
Article 13 – paragraph 2 – point c a (new)
(ca) any ILO conventions signed and ratified by the countries involved in the manufacturing and/or processing of the product;
Amendment 84 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. A product the release of which has been suspended by the authorities in charge of external border controls pursuant to Article 14 shall be released if, within threfive working days of the suspension of release, those authorities have not been requested by the market surveillance authorities to continue the suspension or they have been informed by the market surveillance authorities that the product does not present a risk, and provided that all the other requirements and formalities pertaining to such release have been fulfilled.