2021/0170(COD) | [ParlTrack]

Proposal for a regulation
Recital 4

(4) The aim of this instrument, based on Article 114 of the Treaty on the Functioning of the European Union, is to contribute to the attainment of the objectives referred to in Article 169 of the Treaty. In particular, it should aim at ensuring the health and safety of consumers ~~and~~, providing a high level of consumer protection, including by promoting consumers’ right to information, and improving the functioning of the internal market as regards products intended for consumers.

Amendment 124 #

Proposal for a regulation
Citation 4 a (new)

(4a) This Regulation redresses the balance between ensuring a high level of consumer protection, on the one hand, and improving the functioning of the internal market, on the other, in a climate of competitiveness and fair competition, without imposing administrative and financial burdens on European businesses.

Amendment 125 #

Proposal for a regulation
Recital 5

(5) This Regulation should aim at protecting consumers, as well as their health and their safety, as one of the fundamental principles of the EU legal framework, also enshrined in the EU Charter of fundamental rights. Dangerous non-food products can have very negative consequences on consumers and citizens. All consumers, ~~including~~particularly the most vulnerable, such as children, older persons or persons with disabilities, have the right to safe products. Consumers should have at their disposal sufficient means to enforce such rights, and Member States adequate instruments and harmonised measures at their disposal to enforce this Regulation.

Amendment 126 #

Proposal for a regulation
Recital 5

(5) This Regulation ~~should~~must aim at protecting consumers and their safety as one of the fundamental principle of the EU legal framework, enshrined in the EU Charter of fundamental rights. Dangerous products can have very negative and sometimes irreversible consequences on consumers and citizens. All consumers, including the most vulnerable, such as children, older persons or persons with disabilities, have the right to safe products. Consumers ~~should~~must have at their disposal sufficient means to enforce such rights, and Member States adequate instruments and measures at their disposal to enforce this Regulation.

Amendment 127 #

Proposal for a regulation
Recital 5 a (new)

(5a) Children are particularly exposed to risks relating to products. Of all the products notified as dangerous in the Safety Gate/RAPEX system in 2019 as many as 32% were toys or products for childcare. For this reason, strong safety requirements for standards on products for children are needed.

Amendment 128 #

Proposal for a regulation
Recital 6

(6) 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 and harmonised nature to fill the gaps and ~~ensure~~limitations of the existing legislation and the specific legislation under review so as to ensure a high level of consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by the other provisions of Article 114 and Article 169 of the Treaty.

Amendment 129 #

Proposal for a regulation
Recital 9

(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should limit their controls to the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls. Nevertheless, given the increasing number of imported products, particularly resulting from the growing use of e- commerce, increased staffing of the authorities in charge of controls is advisable to ensure consumer safety.

Amendment 130 #

Proposal for a regulation
Recital 10

(10) ~~The precautionary principle is a fundamental principle for~~Since the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products ensutering the s~~afety of products and consumers and should therefore be taken into due account by all relevant actors when applying this Regulation.~~ingle market, more financial and human resources for these authorities are needed in order to properly fulfil their tasks;

Amendment 131 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 11

(11) Considering also the broad scope given to the concept of health26, the environmental risk ~~posed by~~ a product poses should be taken into consideration ~~in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers~~throughout its life cycle (from design through production, use and repair to disposal), a risk to the health and safety of consumers. This risk should be taken into consideration both for the product and for the parts of products that could be recycled or reused. _________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

Amendment 132 #

Proposal for a regulation
Recital 11

(11) Considering also the broad scope given to the concept of ~~health26 , the environmental risk posed by a product~~safety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much ~~as it can~~such hazards also ultimately result in a risk to the health and safety of consumers. ~~_________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.~~

Amendment 133 #

Proposal for a regulation
Recital 11

(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers but also, where relevant, in a risk to the health and safety of the public. _________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

Amendment 134 #

Proposal for a regulation
Recital 11 a (new)

(11a) The chemical risk that a product poses, including cumulative effects and the effects of endocrine disruptors, should also be taken into account. This risk should be taken into account throughout the life cycle of the product (from design through production, use and repair to disposal) as it may have adverse effects on the environment and on the health and safety of consumers. This risk should be taken into consideration both for the product and for the parts of products that could be recycled or reused.

Amendment 135 #

Proposal for a regulation
Recital 11 b (new)

(11b) All risks that products may pose to the health and safety of workers should be taken into consideration during the design and production phases.

Amendment 136 #

Proposal for a regulation
Recital 12

(12) Products which are designed exclusively for professional use but which have ~~subsequently migrated to the consumer market~~been sold later on the consumer market, thereby entering supply chains via commercial trade, should be subject to this Regulation because they could pose risks to the health and safety of consumers when used under reasonably foreseeable conditions.

Amendment 137 #

Proposal for a regulation
Recital 13

(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation ~~with the excep~~. The regulation of materials and articles intended to come into contact with food i~~nsofar as risk~~s covered by the GPSR where aspects are concerned that are not already or sufficiently covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks. _________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

Amendment 138 #

Proposal for a regulation
Recital 13

(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation ~~with the excep~~. The regulation of materials and articles intended to come into contact with food i~~nsofar as risk~~s covered by the present Regulation where aspects are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks. _________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

Amendment 139 #

Proposal for a regulation
Recital 16

(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities do not fulfil the commercial activity requirement and should therefore be excluded from this legislation.

Amendment 140 #

Proposal for a regulation
Recital 19

(19) Items which connect to other items or non-embedded items which influence the way another item works can present a risk for the safety of the product. That aspect should be taken into due consideration as a potential risk. The connections and interrelation that an item might have with external items should not jeopardise its safety or that of consumers.

Amendment 141 #

Proposal for a regulation
Recital 19 a (new)

(19a) The software embedded in a product, either preinstalled or installed subsequently within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, should be part of the risk assessment pertaining to the product safety, in due consideration of the technical and contractual conditions concerning the software at stake. Due account should be taken of the possibility for the free software community, large parts of it are volunteer-based, to produce software for the general public to use which can be integrated, in whole or in part, to products, including in view of improving the functioning of existing software, without automatically becoming subject to obligations designed for businesses providing digital content in a professional capacity.

Amendment 142 #

Proposal for a regulation
Recital 20

(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or, changing its characteristics or causing software errors in programs. New technologies, provided via software updates, for example, can substantially modify the original product, which should then be submitted to a new risk assessment.

Amendment 143 #

Proposal for a regulation
Recital 20

(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics. Where software updates may substantially modify the original product, a new risk assessment should be conducted.

Amendment 144 #

Proposal for a regulation
Recital 20

Amendment 145 #

Proposal for a regulation
Recital 21

(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. These aspects therefore need to be included in manufacturers’ and market surveillance authorities’ risk assessments where relevant, including risk assessments of products already available on the market. Products that pose a significant risk to the mental health of consumers, and children in particular, should carry a warning giving scientific recommendations regarding usage time and the risks incurred through failure to follow the recommendations.

Amendment 146 #

Proposal for a regulation
Recital 21

(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. Therefore, these aspects need to be included in manufacturer’s and market surveillance authorities’ risk assessments where this is relevant, notably in view of assessing the evolution of immaterial harm related to connected products.

Amendment 147 #

Proposal for a regulation
Recital 22

(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured, in case of gaps in the sectorial legislation, that the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety. Connected devices should be subjected to horizontal cybersecurity requirements such as under the future Cyber Resilience Act, which should lay down cybersecurity standards covering the entire lifecycle of the product.

Amendment 148 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 23

(23) The safety of products should be assessed taking into account all the relevant aspects, ~~notably~~including their characteristics and presentation, their effect on other products, as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. Nevertheless, the feasibility of obtaining higher safety levels or the availability of other products presenting a lesser degree of risk should not constitute grounds for considering a product to be ‘dangerous’.

Amendment 149 #

Proposal for a regulation
Recital 23 a (new)

(23a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.

Amendment 150 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 24

Amendment 151 #

Proposal for a regulation
Recital 24 a (new)

(24a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.

Amendment 152 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 24 b (new)

(24b) The obligations of economic operators should be as less of an administrative burden as possible and some of the obligations should be limited to products with a potential serious risk. If digital consumer information tools are available, the economic operators should be allowed to make use of them to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.

Amendment 153 #

Proposal for a regulation
Recital 25

(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling has grown consistently and steadily, creating new business models and new actors in the market such as the online marketplaces. For this reason, they must be given greater responsibility for the safety of products and consumers, including cases where other economic actors in the supply chain do not act. Online marketplaces are services that enable or facilitate economic operators to make their products available to consumers. Online marketplaces should for the purpose of the safety of products that are made available on the market be held liable in accordance with the provisions laid down in the Digital Services Act. Online marketplaces offer economic operators the placement of advertisements, offer comparison, advisory or reputational services without which consumers would not have access to such products, services or traders.

Amendment 154 #

Proposal for a regulation
Recital 25

Amendment 155 #

Proposal for a regulation
Recital 25

(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling hais growning consistently and steadily, and this consumption pattern is now becoming established. It is creating new business models and new actors in the market such as the online marketplaces and the shops they host, which need to ensure product safety and compliance with consumer protection legislation, including product safety and market surveillance legislation.

Amendment 156 #

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They therefore need to be given greater responsibility for product and consumer safety, including when other economic actors in the supply chain do not act. Online marketplaces are services that enable or help economic operators to make their products available to consumers. For the purpose of the safety of products that are made available on the market, online marketplaces should not be understood merely as platforms that directly facilitate the sale of products. Online marketplaces offer economic operators the possibility of placing advertisements, comparing offers, or providing advisory or reputational services without which consumers would not have access to these products or services. As such, marketplaces should be considered economic operators within the meaning of this Regulation. Indeed, fair treatment in relation to traditional operators inevitably requires marketplaces to take on greater responsibilities.

Amendment 157 #

Gilles LEBRETON

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They therefore need to be given greater responsibility for product and consumer safety, including when other economic actors in the supply chain do not act. This increased responsibility should not, however, apply to producers who are not established in the European Union. Online marketplaces are services that enable or help economic operators to make their products available to consumers. For the purpose of the safety of products that are made available on the market, online marketplaces should not be understood merely as platforms that directly facilitate the sale of products. Online marketplaces offer economic operators the possibility of placing advertisements, comparing offers, or providing advisory or reputational services, without which consumers would not have access to these products, services or traders.

Amendment 158 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They should be considered an economic operator when they fulfil the role of a fulfilment service provider. It should be clear for consumers when buying on the marketplace which role in the supply chain of a particular product they fulfill and correspondingly, what the consumer’s rights are in case of an unsafe product.

Amendment 159 #

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.

Amendment 160 #

Proposal for a regulation
Recital 26

Amendment 161 #

Proposal for a regulation
Recital 27

(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents, including unsafe products. That Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation. _________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (‘Directive on electronic commerce’) - OJ L 178, 17.7.2000, p. 1. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment 162 #

Proposal for a regulation
Recital 27

(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the ~~responsibility and accountability~~duties of providers of intermediary services online with regard to illegal contents~~, including unsafe products. That~~. Lex specialis Article 20 of this Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulationin the Digital Services Act in order to effectively tackle the sale of dangerous products online. _________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment 163 #

Proposal for a regulation
Recital 28

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved ~~its rationale in enhanc~~completely inadequate ing therms of protecti~~on of~~ng consumers against dangerous products sold online. ~~Nonetheless, i~~Its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness ~~and~~ , cannot ensure a level- playing field and cannot provide real protection for consumers.

Amendment 164 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 28

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online, but also its flaws. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field.

Amendment 165 #

Proposal for a regulation
Recital 28

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. ~~The P~~However, the progress reports on the implementation of the product Ssafety Ppledge ha~~s proved its rationale in enhancing the~~ve outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protecti~~on of~~ng consumers against dangerous products sold online~~. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field~~ could not be successfully reached by this pledge until now.

Amendment 166 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 29

(29) Online marketplaces should act with due care in relation to the content hosted on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products. This means at the least, that they are required to check and delist products that have been reported in the Safety Gate portal or by the national market surveillance authorities.

Amendment 167 #

Proposal for a regulation
Recital 29

(29) Online marketplaces should act with due care in relation to the ~~content host~~safety of products placed on their online interfaces ~~that concerns safety of products~~, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level- playing field.

Amendment 168 #

Proposal for a regulation
Recital 30

(30) Moreover, for the purposes of effective market surveillance, online marketplaces should register in the Safety Gate portal and indicate, in the same portal, the information concerning their single contact points for the facilitation of communication of information on product safety issues. The single point of contact under this Regulation might be the same as the point of contact under [Article 10] of Regulation (EU) …/…[the Digital Services Act], ~~without endangering~~in which case they should nonetheless provide the information laid down in this Regulation concerning their single contact point. The choice of establishing the same single contact point as provided for in [Article 10] of Regulation (EU) .../...[the Digital Services Act] must not endanger the objective of treating issues linked to product safety in a swift and specific manner.

Amendment 169 #

Proposal for a regulation
Recital 31

Amendment 170 #

Proposal for a regulation
Recital 31

(31) In order to be able to comply with their obligations under this Regulation, in particular in respect of timely and effective compliance with the orders of public authorities, processing of notices of other third parties and cooperating with market surveillance authorities in the context of corrective measures upon request, online marketplaces should have in place an internal mechanism for handling product safety-related issues. Additionally, the interface of the online marketplace should allow consumers to easily notify product safety issues and have their rights vis-a- vis the economic operator responsible explained. Online marketplaces should share these notices with the market surveillance authorities.

Amendment 171 #

Proposal for a regulation
Recital 32

(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation. Online marketplaces are obliged to prevent these identical products, which have been previously and repeatedly reported by market surveillance authorities as unsafe, from reappearing on their websites. They are obliged to use state-of-the-art technology to detect these products from reappearing.

Amendment 172 #

Proposal for a regulation
Recital 32

(32) ~~The obligations imposed by this Regulation on online marketplaces should neither amount to a general~~Online marketplaces are required to comply with specific obligations to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless,effectively prevent the sale of illegal content. This includes an obligation to expeditiously remove illegal content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the ‘Directive on electronic commerce’ and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

Amendment 173 #

Proposal for a regulation
Recital 32

(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, be required to comply with specific obligations to effectively prevent the sale of unsafe products. This includes an obligation to expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

Amendment 174 #

Proposal for a regulation
Recital 32

(32) TAs specific monitoring obligations, the obligations imposed by this Regulation on online marketplaces should n~~either~~ot amount to a general obligation to monitor the information wh~~ich~~en the~~y transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously~~ products are checked with "Safety Gate" before placing them on their website. Online marketplaces should also avoid the reappearing of unsafe products on their interfaces and to remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

Amendment 175 #

Proposal for a regulation
Recital 33

(33) Article 14(4) of Regulation (EU) 2019/1020 provides market surveillance authorities with the power, where no other effective means are available to eliminate a serious risk, to require the removal of content referring to the related products from an online interface or to require the explicit display of a warning to end users when they access an online interface. The powers entrusted to market surveillance authorities by Article 14(4) of Regulation (EU) 2019/1020 should also apply to this Regulation. For effective market surveillance under this Regulation and to avoid dangerous products being present on the Union market, this power should apply in all necessary ~~and proportionate~~ cases and also for products presenting a less than serious risk. It is essential that online marketplaces comply with such orders as a matter of urgency. Therefore, this Regulation introduces binding time limits in this respect, without prejudice to the possibility for a shorter time limit to be laid down in the order itself. This power should be exercised in accordance with [Article 8] of the Digital Services Act.

Amendment 176 #

Proposal for a regulation
Recital 34

(34) ~~Even where t~~The Safety Gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. The information from the Safety Gate ~~does not~~should contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the ~~illegal content concerned~~unsafe product. Additionally, online marketplaces should ~~nevertheless~~ take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.

Amendment 177 #

Proposal for a regulation
Recital 35

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should ~~consider in particular~~ensure cooperation with consumer organisations and associations representing consumers’ interest~~, upon their request, as trusted flaggers, provided that the conditions set out in that article have been m~~ on product safety.

Amendment 178 #

Proposal for a regulation
Recital 35

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider ~~in particular~~ consumer organisations ~~and~~, associations representing consumers’ interest and other relevant stakeholders, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.

Amendment 179 #

Proposal for a regulation
Recital 35

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should ~~consider in particular~~work closely together with consumer organisations and associations representing consumers’ interest, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.

Amendment 180 #

Proposal for a regulation
Recital 35

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest, ~~upon their request,~~ as trusted flaggers, provided that the conditions set out in that article have been met.

Amendment 181 #

Proposal for a regulation
Recital 36

Amendment 182 #

Proposal for a regulation
Recital 36

(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products, and against advertisements and promotions for dangerous products, in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act] concerning the traceability of traders and products, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. ~~Such information should be displayed together with the product listing so~~In addition, online marketplaces should verify the completeness and reliability of this information throughout thate con~~sumers can benefit from the same information made available~~tractual relationship with traders, and before placing the products online, and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the traders laid down in this Regulation. Such information should be displayed in an understandable and accessible way together with the product listing so that consumers can benefit from the same information made available online and offline.

Amendment 183 #

Proposal for a regulation
Recital 36

(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products as well as against advertisement and promotions for unsafe products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders and of products, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.

Amendment 184 #

Proposal for a regulation
Recital 37

(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities, any other competent authority, and with other relevant economic operators on the safety of products. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. They ensure that human checks are in place to complement the technological tools they use. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.

Amendment 185 #

Proposal for a regulation
Recital 37

(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, if market surveillance authorities cannot retrieve the required data from the primarily responsible economic operator, they may also need to scrape data from the online marketplaces. based on a targeted request.

Amendment 186 #

Proposal for a regulation
Recital 40

(40) Where economic operators or market surveillance authorities face a choice of various corrective measures, the most sustainable action resulting in the lowest environmental impact, such as the repair of the product, should be preferred, provided that it does not result in a lesser level of safety or affect certain consumer interests and rights, and does not pose significant difficulties to the economic operator.

Amendment 187 #

Proposal for a regulation
Recital 40

Amendment 188 #

Proposal for a regulation
Recital 42 a (new)

(42a) The Union helps to promote consumers’ right to information through Article 169 of the Treaty. This Regulation should strengthen consumers’ right to information by giving them access to all the information they need to make free and informed choices.

Amendment 189 #

Proposal for a regulation
Recital 43

(43) When making products available on the market, economic operators should provide minimum information on product safety and traceability as part of the relevant offer. This should be without prejudice to the information requirements laid down by Directive 2011/83/EU of the European Parliament and of the Council31 , such as on the main characteristics of the goods~~, to the extent appropriate to the medium and to the good~~ and all other information regarding traceability, as laid down in this Regulation. This information should be communicated in the manner most appropriate to the medium and to the goods. It should be accessible and understandable to all consumers. _________________ 31 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

Amendment 190 #

Proposal for a regulation
Recital 44

(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. The traceability of products is essential for consumers to be able to make free and informed choices about the origin of products. Traceability is particularly important in combating counterfeit products. In addition to infringing intellectual property, they are mostly dangerous to consumer health. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.

Amendment 191 #

Proposal for a regulation
Recital 44

(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and ~~to take effectiv~~, where applicable, to take effective and proportionate corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products that pose imminent risks. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.

Amendment 192 #

(44a) Counterfeit products pose a significant threat to the safety and health of consumers. The penetration of these products onto the market is largely being facilitated by the development of e- commerce. Counterfeiting is a scourge for European businesses, producers and designers, and a serious danger to consumer safety, and it must be tackled effectively.

Amendment 193 #

Proposal for a regulation
Recital 45

(45) The legal framework for market surveillance of products covered by Union harmonisation legislation and set out in Regulation (EU) 2019/1020 and the legal framework for market surveillance of products covered by this Regulation should be ~~as coherent as possible~~fully harmonised. It is therefore necessary, as far as market surveillance activities, obligations, powers, measures, and cooperation among market surveillance authorities are concerned, to close the gap between the two sets of provisions. For that purpose Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 should be applicable also to products covered by this Regulation.

Amendment 194 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 47

(47) National authorities should be enabled to complement the traditional market surveillance activities focused on safety of products with market surveillance activities focusing on the internal conformity procedures set up by economic operators to ensure product safety. Market surveillance authorities ~~should~~must be able to require the manufacturer to indicate which other products - produced with the same procedure, or in the same place or containing the same components considered to present a risk or that are part of the same production batch - are affected by the same risk.

Amendment 195 #

Proposal for a regulation
Recital 47 a (new)

(47a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular on products that have been mostly listed on the Safety Gate.

Amendment 196 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 50

(50) The Union rapid information system (RAPEX) ~~has proved its effectiveness and efficiency. It enables~~needs to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.

Amendment 197 #

Proposal for a regulation
Recital 51

(51) Member States should notify in the Safety Gate both compulsory and voluntary corrective measures that prevent, restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers or, in case of products covered by Regulation (EU) No 2019/1020, also to other relevant public interests of the end- users. To inform other stakeholders about the origins of previous incidents, notifications in the Safety Gate should explain how a serious risk occurred and include more detailed information where possible, such as an European Article Number.

Amendment 198 #

Proposal for a regulation
Recital 52

(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. It is important to ensure that all of this information is available in the official language(s) of the consumer’s country of residence and that it is written in clear and understandable language. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be accessible to persons with disabilities.

Amendment 199 #

Proposal for a regulation
Recital 52

(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be easily findable and accessible for all consumers.

Amendment 200 #

Proposal for a regulation
Recital 52

(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be accessible for persons with disabilities.

Amendment 201 #

Proposal for a regulation
Recital 55

(55) There might be cases where it is necessary to deal with a serious risk at the Union level where the risk cannot be contained satisfactorily by means of measures taken by the Member State concerned or by any other procedure under Union legislation. This could notably be the case of new emerging risks or those impacting vulnerable consumers. For that reason the Commission can adopt measures either on its own initiative or upon request of the Member States. Such measures ~~should be adap~~must be proportionated to the gravity and urgency of the situation. It is furthermore necessary to provide for an adequate mechanism whereby the Commission could adopt immediately applicable, proportionate interim measures.

Amendment 202 #

Proposal for a regulation
Recital 56

(56) The determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. Member States, in performing risk assessment, might reach different results as far as the presence of a risk or its level is concerned. This could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. An arbitration mechanism should therefore be made available to Member States, on a voluntary basis, which would allow the Commission, to provide an opinion on the issue in dispute and prevent the asymmetry in legislation from creating loopholes that would undermine consumer safety.

Amendment 203 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 58

(58) Market surveillance authorities might carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create a situation which might distort competition or affect the objectivity, independence and impartiality of the parties. To this end, market surveillance authorities may call upon consumer organisations, in particular.

Amendment 204 #

Proposal for a regulation
Recital 58

(58) Market surveillance authorities ~~might~~should carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity, independence and impartiality of the parties.

Amendment 205 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Recital 59

(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety~~. In particular~~ and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.

Amendment 206 #

Proposal for a regulation
Recital 60

(60) The public interface of the Safety Gate, the Safety Gate portal, allows the general public, including consumers, economic operators and online marketplaces, to be informed about corrective measures taken against dangerous products present on the Union market. A separate section of the Safety Gate portal enables consumers to inform the Commission, in a researched and documented manner, of products presenting a risk to consumer health and safety found in the market. Where relevant, the Commission should provide adequate follow-up, notably by transmitting such information to the concerned national authorities.

Amendment 207 #

Proposal for a regulation
Recital 61

(61) The product safety information available to the authorities should be accessible by the public. In making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures. Under no circumstances may it be used to conceal information that is important for the health and safety of consumers. The criterion of consumer safety shall in all circumstances prevail over that of professional interest.

Amendment 208 #

Proposal for a regulation
Recital 61

(61) In making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected ~~in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures~~.

Amendment 209 #

Proposal for a regulation
Recital 61

(61) IPublic access to the information available to the authorities on product safety should be ensured. When making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.

Amendment 210 #

Proposal for a regulation
Recital 62

(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick ~~and~~, reliable and complete way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators, including online marketplaces, will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number. Consumers should be able to provide their contact details such that they only receive information about recalls and product safety. Economic operators must not be able to force consumers to agree to receive marketing communications in order to receive information on recalls and product safety, too.

Amendment 211 #

Proposal for a regulation
Recital 62

(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number. While economic operators are primarily responsible for executing recalls, online marketplaces should at least provide information to economic operators and market surveillance authorities and support in the communication to consumers.

Amendment 212 #

Proposal for a regulation
Recital 62

(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use ~~any~~the customer data already at their disposal that is necessary to inform consumers of recalls and safety warnings. In this respect, economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number.

Amendment 213 #

Proposal for a regulation
Recital 64 a (new)

(64a) The Commission shall publish guidance to market surveillance authorities to ensure more uniform enforcement and legally certain communication when dealing with recall notifications and respective requests by competent authorities. Member States should also ensure that the authorities have sufficient expertise and resources to ensure effective enforcement.

Amendment 214 #

Proposal for a regulation
Recital 69 a (new)

(69a) Directive 2020/1828/EU on Representative Actions for the Protection of the Collective Interests of Consumers underlines that globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice and that infringements of Union law can cause consumer detriment. Without effective means to bring unlawful practices to an end and to obtain redress for consumers, consumer confidence in the internal market is reduced. As consumers’ interests are heavily affected by unsafe products which are circulating in the internal market it is justified to include the GPSR to annex I of Directive 2020/1828/EC.

Amendment 215 #

Proposal for a regulation
Recital 71

(71) In order to play a significant deterrent effect for economic operators ~~and online marketplaces~~ to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator ~~or online marketplace~~ and to the type and gravity of the injury suffered by the consumer. Furthermore an homogeneous yet proportionate level of penalties is important to ensure a level playing field, avoiding that economic operators ~~or online marketplaces~~ concentrate their activities in territories where the level of penalties is lower.

Amendment 216 #

Proposal for a regulation
Recital 73

(73) In order to facilitate the more consistent application of penalties, common non-exhaustive and indicative criteria for the application of the types of penalties should be included. Those criteria should include the duration or temporal effects of the infringement, as well as its nature and gravity, in particular the level of risk incurred by the consumer. Repeated infringement by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and, accordingly, of the need to increase the level of the types of penalty to achieve effective deterrence. The financial benefits gained, or losses avoided, because of the infringement should be taken into account, if the relevant data are available. Other aggravating or mitigating factors applicable to the circumstances of the case should also be taken into account.

Amendment 217 #

Proposal for a regulation
Recital 74

(74) In order to ensure more consistency, a list of those types of infringements that ~~should~~may be subject to penalties should be included. These should be based on internal market assessments, and seek to strike a balance between the protection of consumers, on the one hand, and the commercial activities of economic operators, on the other.

Amendment 218 #

Proposal for a regulation
Recital 80

(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 ~~and~~, (EU) 2018/1725 and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.

Amendment 219 #

Proposal for a regulation
Article 1 – title

Subject matter and objectives

Amendment 220 #

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down essential rules on the safety of consumer products placed or made available on the market in order to ensure that they are safe for the health and safety of consumers.

Amendment 221 #

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

Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements and posing a threat to consumers’ health and safety or other relevant public interests.

Amendment 222 #

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

Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not satisfactorily covered by those requirements.

Amendment 223 #

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

(a) Chapter II shall not apply insofar as the risks or categories of risks covered by Union harmonisation legislation are concerned. When assessing if the risks are adequately covered, the aspects for assessing the safety of products outlined in Article 7 shall be considered;

Amendment 224 #

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

~~(g) equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers;~~deleted

Amendment 225 #

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

(g) equipment on which consumers ride or travel which is not driven by the consumer themselves but operated by a service provider within the context of a service provided to consumers;

Amendment 226 #

Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 (new)

(j) consumer to consumer activities, in which the consumers are selling used or self-made products to other consumers and therefore not fulfil the commercial activity requirement;

Amendment 227 #

Proposal for a regulation
Article 2 – paragraph 5

~~5. This Regulation shall be applied taking due account of the precautionary principle.~~deleted

Amendment 228 #

Proposal for a regulation
Article 2 – paragraph 5 a (new)

5a. This Regulation is in line with the provisions of Regulations (EU) 2016/679 and (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data.

Amendment 229 #

Proposal for a regulation
Article 3 – paragraph 1 – point 1

1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them; When a product contains embedded software, the latter shall be considered as an integrated part of the product, within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, while taking due account of the different levels of obligations of businesses on the one hand, and of the free software community on the other hand;

Amendment 230 #

Proposal for a regulation
Article 3 – paragraph 1 – point 1

1. ‘product’ means any item, including software, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them. For connected products, programs that operate or enhance the product are deemed to be a part of the product;

Amendment 231 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 1 – point 1

1. ‘product’ means any item, including software or products embedded with software, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;

Amendment 232 #

Proposal for a regulation
Article 3 – paragraph 1 – point 1

1. ‘product’ means any tangible or intangible item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;

Amendment 233 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2

2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers, based on the following considerations: (i) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, for installation and maintenance; (ii) the effect on other products, where it is reasonably foreseeable that it will be used with other products; (iii) the presentation of the product, the labelling, any warnings and instructions for its use and disposal, and any other indication or information regarding the product; (iv) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people and persons with disabilities. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product to be ‘dangerous’;

Amendment 234 #

2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks, including those related to cybersecurity, compatible with the product’s use, considered acceptable and consistent with a high level of protection of health and safety of consumers and compliant with the precautionary principle laid down in Article 2(5);

Amendment 235 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2

Amendment 236 #

Proposal for a regulation
Article 3 – paragraph 1 – point 2

2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use ~~or misuse~~, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;

Amendment 237 #

Proposal for a regulation
Article 3 – paragraph 1 – point 3

3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’, as defined in Article 3(2);

Amendment 238 #

Proposal for a regulation
Article 3 – paragraph 1 – point 10

10. ‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market; online marketplaces are considered to be importers even when they are not established in the Union;

Amendment 239 #

Proposal for a regulation
Article 3 – paragraph 1 – point 12

12. ‘fulfilment service provider’ means any natural or legal person offering, in the course of commercial activity, at least ~~two~~one of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved, excluding postal services as defined in Article 2, point 1 of Directive 97/67/EC of the European Parliament and of the Council39, parcel delivery services as defined in Article 2, point 2 of Regulation (EU) 2018/644 of the European Parliament and of the Council40, and any other postal services or freight transport services; _________________ 39 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 15, 21.1.1998, p. 14). 40 Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services (OJ L 112, 2.5.2018, p. 19).

Amendment 240 #

13. ‘economic operator’ means the manufacturer, the authorized representative, the importer, the distributor, the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products, making them available on the market in accordance with this Regulation;. Online marketplaces can be considered economic operator, when they fulfil the role of a fulfilment service provider.

Amendment 241 #

Proposal for a regulation
Article 3 – paragraph 1 – point 13

Amendment 242 #

Proposal for a regulation
Article 3 – paragraph 1 – point 14

14. ‘online marketplace’ means a provider of a~~n intermediary~~ service using software, including a website, part of a website or an application or part of an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumers ~~for the sale of products covered by this Regulation~~; any software, website, part of a website, application or part of an application that enables consumers to conclude distance contracts with other traders or consumers shall be deemed to be an online marketplace even if its principal or intended use was not for the conclusion of a distance contract;

Amendment 243 #

Proposal for a regulation
Article 3 – paragraph 1 – point 15

15. ‘online interface’ means any software, including a website, part of a website or an application or part of an application, that is operated by or on behalf of an economic operator, and which serves to give end users access to the ~~economic operator’s~~purchase of products;

Amendment 244 #

Proposal for a regulation
Article 3 – paragraph 1 – point 21

21. ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in this Regulation, in Union law and in the applicable national law;

Amendment 245 #

Proposal for a regulation
Article 3 – paragraph 1 – point 23

23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;

Amendment 246 #

Proposal for a regulation
Article 4 – paragraph 1

1. Products offered for sale online or through other means of distance sales shall be deemed to be made available on the market if the offer is targeted at consumers in the Union or is accessible to those consumers. An offer for sale shall be considered to be targeted at consumers in the Union if the relevant economic operator directs, by any means, its activities to one or several Member State(s), or when European consumers are able to purchase these products from within a Member State.

Amendment 247 #

Proposal for a regulation
Article 4 – paragraph 2 – point a

(a) the use of an official language or ~~currency of the Member States~~the possibility of using an automatic translation tool enabling access to offers in one of the languages of the Union;

Amendment 248 #

Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)

(aa) the possibility of using a currency of the Union, an application available in the Union or a means of payment issued in the Union to pay for the purchase;

Amendment 249 #

Proposal for a regulation
Article 5 – paragraph 1

Economic operators, including online marketplaces, shall place or make available on the Union market only safe products.

Amendment 250 #

Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)

(aa) if it conforms to the criteria set out in Article 7;

Amendment 251 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements., including those laid down by [ the Cyber Resilience Act and the expected renewed standards on children’s products ];

Amendment 252 #

Proposal for a regulation
Article 6 – paragraph 1 – point b

(b) in the absence of European standards referred to in point (a), ~~as regards the risks covered by health and safety~~if it conforms to the requirements laid down in the law of the Member State where the product is made available on the market~~, if it conforms to such national requirements~~ as regards the risks covered by health and safety, such national standards being established in accordance with European law.

Amendment 253 #

Proposal for a regulation
Article 6 – paragraph 2

2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5 and are in compliance with the aspects for assessing the safety of products of Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Amendment 254 #

Proposal for a regulation
Article 6 – paragraph 2

2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5, taking into account the criteria listed in Article 7(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Amendment 255 #

Proposal for a regulation
Article 6 – paragraph 2

2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5 and Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Amendment 256 #

Proposal for a regulation
Article 6 – paragraph 3

3. However, presumption of safety under paragraph 1 shall not prevent market surveillance authorities, the competent authorities as well as the Commission from taking action under this Regulation where there is evidence that, despite such conformity, the product is dangerous.

Amendment 257 #

Proposal for a regulation
Article 7 – title

As~~pects for assessing~~sessment of the safety of products

Amendment 258 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. ~~Where the presumption of safety laid down in Article 5 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is~~ The following aspects shall be evaluated during each assessment to determine the safety of a product. These conditions must be met for a product to be presumed ‘safe’:

Amendment 259 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:

Amendment 260 #

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

(a) the characteristics of the product, including its design, technical features, composition and chemical components, packaging, and instructions for assembly ~~and, where applicable, for~~, installation ~~and~~, use, maintenance, recycling and repair;

Amendment 261 #

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

(a) the characteristics of the product, including its design, technical features, composition and chemical components, packaging, instructions for assembly and, where applicable, for installation, use and maintenance;

Amendment 262 #

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

(b) the effect on other products and on its users, where it is reasonably foreseeable that it will be used with other products, including the options of interconnection ofamong products, a~~mong them~~s well as the possible loss of interconnection;

Amendment 263 #

Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)

(ba) The security features of a product containing embedded software, including connection and disconnection issues, as well as the reliability of data;

Amendment 264 #

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

(d) the presentation of the product, the labelling, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product. All of this information shall be available in the official language(s) of the consumer’s country of residence, in clear and accessible language;

Amendment 265 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

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

(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, including the age labelling of products regarding their suitability of legality for children, and older people and persons with disabilities;

Amendment 266 #

(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;

Amendment 267 #

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

Amendment 268 #

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

(h) the appropriate cybersecurity features that cover the entire lifecycle necessary to protect the product against external influences, including malicious third parties, when such an influence might have an impact on the safety of the product;

Amendment 269 #

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

(i) the evolving, learning and predictive functionalities of a product.;

Amendment 270 #

Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)

(ia) the risk a product poses throughout its life cycle (from design through production, use and repair to disposal) given that it may have adverse effects for the environment and the health and safety of consumers. This risk should be taken into consideration not only for the product but also for the parts of the product that could be recycled or reused;

Amendment 271 #

Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)

(ia) the physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the product might present to the health and safety of consumers;

Amendment 272 #

Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)

(ia) the connectivity of a product.

Amendment 273 #

Proposal for a regulation
Article 7 – paragraph 1 – point i b (new)

(ib) the chemical risks the product could pose to the health and safety of consumers, including cumulative and low-dose effects resulting from exposure to chemicals present in the product and in other products. The cumulative effects should also be considered in relation to the conditions of use and maintenance of the products;

Amendment 274 #

Proposal for a regulation
Article 7 – paragraph 1 – point i b (new)

(ib) Risks are further specified in the Commission Implementing Decision (EU) 2019/417 of 8 November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on general product safety and its notification system;

Amendment 275 #

Proposal for a regulation
Article 7 – paragraph 1 – point i b (new)

(ib) the environmental risk posed by a product inasmuch it is likely to result in a risk to the health and safety of consumers;

Amendment 276 #

Proposal for a regulation
Article 7 – paragraph 1 – point i c (new)

(ic) the chemical risks the product might present to the health and safety of consumers, including cumulative and low-dose effects resulting from exposure to chemicals present in the product and from other products;

Amendment 277 #

Proposal for a regulation
Article 7 – paragraph 1 – point i c (new)

(ic) the mental health risk posed by connected products, including their cumulative and long-term health effects, particularly on children;

Amendment 278 #

Proposal for a regulation
Article 7 – paragraph 1 – point i d (new)

(id) The mental health risk posed by connected products, including its accumulative and long-term health effects;

Amendment 279 #

Proposal for a regulation
Article 7 – paragraph 2

2. TWhen a product safety assessment has taken into consideration the elements laid down in paragraph 1 of this article, and has demonstrated the product’s safety with regard to these elements, the feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe.

Amendment 280 #

Proposal for a regulation
Article 7 – paragraph 3 – point j a (new)

(ja) if the product, categories or groups of products have caused injuries notified in the Safety Gate for Accidents as established in Article 25(1) of this Regulation;

Amendment 281 #

Proposal for a regulation
Article 7 – paragraph 3 a (new)

3a. The European Commission, through delegated acts, shall introduce the requirement of an EC-type approval (certification of products by an independent third party) to guarantee the safety of certain products, when these products have been subject to a significant number of alerts to national market surveillance authorities, the Safety Gate, or when the products, due to their nature or the category to which they belong, pose significant risks that justify an examination. This requirement may also be applied to a manufacturer when several of its products have been recalled.

Amendment 282 #

Proposal for a regulation
Article 8 – paragraph 1

1. When placing their products on the market, manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in Article 5. and the precautionary principle laid down in Article 2(5). In particular, manufacturers shall provide appropriate safeguards to prevent software from being downloaded that might compromise the safety of products during their lifetime, including software that might allow access to personal data by malicious third parties or without the user’s consent. Manufacturers shall provide these guarantees without prejudice to the possibility of the user using software other than that supplied by the manufacturer and without prejudice to free and fair competition.

Amendment 283 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 8 – paragraph 1

Amendment 284 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. For digital connected products likely to impact children, manufacturers shall conduct a child risk assessment ensuring their products meet the highest standards of safety, security and privacy by design.

Amendment 285 #

Amendment 286 #

Proposal for a regulation
Article 8 – paragraph 2 – introductory part

Amendment 287 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Manufacturers shall make publicly available to consumers, the following communication channels ~~such~~: as telephone number, electronic address orand dedicated section of their website~~, allowing~~. These communication channels should enable the consumers to file complaints and to inform ~~them~~manufacturers of any accident or safety issue they have experienced with the product. Consumers must be able to communicate with manufacturers in their national language. They must be easily contactable by all consumers, including appropriate means of communication for disabled persons, and it must be possible to contact the manufacturer directly, without an intermediary.

Amendment 288 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, like a customer service, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.

Amendment 289 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address orand dedicated section of their website, allowing the consumers to file complaints in an accessible way and to inform them of any accident or safety issue they have experienced with the product.

Amendment 290 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1

Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to easily file complaints and to inform them of any accident or safety issue they have experienced with the product.

Amendment 291 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)

Under the mechanism laid down in Article 33, consumers have the option of leaving their contact details (telephone number, electronic address, postal address) when purchasing a product, in order to receive an alert if the product’s safety is called into question as a result of a large number of notifications, a notification from the market surveillance authorities or a product recall. Manufacturers should inform consumers in a clear and comprehensible manner that they have the possibility of receiving an alert if the safety of a product is called into question. Providing personal information to receive an alert if the safety of a product is called into question is never consent to receive advertising or enrol in a loyalty programme.

Amendment 292 #

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2

Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded. Under the consumer alert mechanism laid down in Article 33, the manufacturer shall inform consumers of the conditions under which their personal data will be stored and used.

Amendment 293 #

Proposal for a regulation
Article 8 – paragraph 3

3. Manufacturers or, where applicable, their authorised representatives shall keep distributors, and importers ~~and~~, including online marketplaces, in the concerned supply chain informed of any safety issue that they have identified. They shall also inform the market surveillance authorities and all competent authorities, as appropriate.

Amendment 294 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 8 – paragraph 3

3. Manufacturers or the person responsible for making a product available on the Union market as referred to in Article 15 shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.

Amendment 295 #

Proposal for a regulation
Article 8 – paragraph 3

3. Manufacturers shall ~~keep~~inform distributors, importers ~~and~~, online marketplaces and fulfilment service providers in the concerned supply chain ~~informed~~without undue delay of any safety issue that they have identified.

Amendment 296 #

Proposal for a regulation
Article 8 – paragraph 3

3. Manufacturers, or where applicable their authorised representatives, shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.

Amendment 297 #

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. Manufacturers shall draw up technical documentation of the product before placing it on the market or putting it into service, and ensure that the documentation is kept up to date and is made easily accessible to users. The technical documentation shall contain, as appropriate:

Amendment 298 #

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. Manufacturers or the person responsible for making a product available on the Union market as referred to in Article 15 shall draw up technical documentation of the product. The technical documentation shall contain, as appropriate:

Amendment 299 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. Manufacturers shall draw up technical documentation of the product before a product is made available on the Union market. The technical documentation shall contain~~, as appropriat~~ at least, where applicable:

Amendment 300 #

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. Manufacturers shall draw up technical documentation of the product that might present a serious risk. The technical documentation shall contain, as appropriate:

Amendment 301 #

Proposal for a regulation
Article 8 – paragraph 4 – introductory part

4. Manufacturers shall draw up technical documentation of the product and shall continuously update it, as needed. The technical documentation shall contain, as appropriate:

Amendment 302 #

Proposal for a regulation
Article 8 – paragraph 4 – point c a (new)

(ca) where relevant, (CE) certifications and the European Article Number.

Amendment 303 #

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 a (new)

This technical documentation shall be forwarded to the supervisory authorities, and must be accessible to all actors in the supply chain, consumers and all interested parties.

Amendment 304 #

Proposal for a regulation
Article 8 – paragraph 5

5. Manufacturers shall keep the technical documentation, for a period of at least ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request. For a product whose lifespan is longer than ten years this period shall be extended to cover the lifetime of the product.

Amendment 305 #

Proposal for a regulation
Article 8 – paragraph 5

5. Manufacturers shall keep the technical documentation according to paragraph 4, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.

Amendment 306 #

Proposal for a regulation
Article 8 – paragraph 5

5. Manufacturers shall keep the technical documentation, f~~or a period of ten years after~~rom the date on which the last batch of the product has been placed on the market and make it available to the market surveillance authorities~~, upon request~~.

Amendment 307 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 8 – paragraph 6

6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible ~~and legi~~, legible and understandable for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product. This information shall be accessible to all consumers in a language they can understand and adapted for people with disabilities.

Amendment 308 #

Proposal for a regulation
Article 8 – paragraph 6

6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a digital document accompanying the product. Upon request of the consumer, it should be made available on paper and free of charge.

Amendment 309 #

Proposal for a regulation
Article 8 – paragraph 7

7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address and telephone number at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point ~~at which the manufacturer can be contacted~~, an electronic address and a freephone telephone number at which the manufacturer can be contacted without an intermediary and in the national language of the consumer’s country.

Amendment 310 #

Proposal for a regulation
Article 8 – paragraph 9 a (new)

9a. Manufacturers of products to which software updates or other digital alterations may change the product throughout its lifecycle, posing new risks to the safety of users, shall provide specific safeguards to mitigate these risks.

Amendment 311 #

Proposal for a regulation
Article 8 – paragraph 9 a (new)

9a. Manufacturers shall ensure the continued safe functioning of connected products over their entire lifetime, notably via the regular risk assessment over the need to update their software components.

Amendment 312 #

Proposal for a regulation
Article 8 – paragraph 10

Amendment 313 #

Proposal for a regulation
Article 8 – paragraph 10

Amendment 314 #

Proposal for a regulation
Article 8 – paragraph 10

Amendment 315 #

Proposal for a regulation
Article 8 – paragraph 11

11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert ~~consumers of the risk to their health and safety presented by a product they m~~the market surveillance authorities of the Member States in which they made the product available, giving details, in particular, of the risk to consumers’ health and safety and of any corrective measure already taken. Manufacture ~~and~~rs shall immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already takenalert consumers of the risk to their health and safety presented by a product they manufacture. In accordance with Article 33, consumers shall be immediately alerted by means of clear and targeted information, in the official languages of their country of residence as a minimum through all means made available by the consumer.

Amendment 316 #

11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert ~~consumers of the risk to their health and safety presented by a product they manufacture and immediately inform~~ the market surveillance authorities of the Member States in which ~~the~~a dangerous product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. Manufacturers shall immediately alert consumers of the risk to their health and safety presented by a product they manufacture. In accordance with Article 33, consumers shall be alerted immediately through clear and targeted information at least in the official languages of their country of residence, including but not exclusively using digital means.

Amendment 317 #

Proposal for a regulation
Article 9 – paragraph 1

1. AWhere a manufacturer ~~may~~is established outside the European Union, it shall, by a written mandate, appoint an authorised representative. It shall provide the name, address, telephone number and electronic address of this person to the market surveillance authorities of the Member States of the Union.

Amendment 318 #

Proposal for a regulation
Article 9 – paragraph 1

1. AWhere a manufacturer ~~may~~is established outside of the European Union, it shall, by a written mandate, appoint an authorised representative.

Amendment 319 #

Proposal for a regulation
Article 9 – paragraph 1

1. A European or non-European manufacturer may, by a written mandate, appoint an authorised representative.

Amendment 320 #

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

(a) provide a market surveillance authority, upon its ~~reasoned~~ request, with all information and documentation necessary to demonstrate the safety of the product in an official language which can be understood by that authority;

Amendment 321 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

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

(b) where they have a reason to believe that a product ~~in question presents a risk, inform the manufacturer~~poses a risk, inform the manufacturer and notify the product through the Safety Business Gateway, and inform the market surveillance authorities of the EU Member States and all competent national authorities;

Amendment 322 #

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

(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer and additionally, if necessary, the importer, the distributor and the fulfilment service provider without undue delay;

Amendment 323 #

(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer and notify the product via the Safety Business Gateway;

Amendment 324 #

Proposal for a regulation
Article 10 – paragraph 1

1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 6, Article 7 and Article 8 (4), (6), (7) and (7)8), as well as the precautionary principle.

Amendment 325 #

Proposal for a regulation
Article 10 – paragraph 2

2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6), (7) and (78), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the importer considers or has reason to believe that a product is not safe, the importer shall inform the manufacturer and ~~ensure that~~ the market surveillance authorities ~~are informed~~.

Amendment 326 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 10 – paragraph 2

Amendment 327 #

Proposal for a regulation
Article 10 – paragraph 2

Amendment 328 #

Proposal for a regulation
Article 10 – paragraph 3

3. Importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address and telephone number at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.

Amendment 329 #

Proposal for a regulation
Article 10 – paragraph 4

4. ~~Import~~Manufacturers shall ensure that the product they imported is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available~~, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information~~.

Amendment 330 #

Proposal for a regulation
Article 10 – paragraph 5

5. Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Article ~~8 (6) and (7)~~6, Article 7 and Article 8(6) and (7), as well as the precautionary principle.

Amendment 331 #

Proposal for a regulation
Article 10 – paragraph 6 – introductory part

6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the public register referred to in Article 8(2), first subparagraph~~, or~~ and in their own register. Importers shall keep the manufacturer ~~and distrib~~, distributors and national market surveillance authorities informed of the investigation performed and of the results of the investigation.

Amendment 332 #

6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the register referred to in Article 8(2), first subparagraph, orand in their own register. Importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation.

Amendment 333 #

Proposal for a regulation
Article 10 – paragraph 6 – point 1

Importers shall ensure that the communication channels referred to in Article 8(2), second subparagraph, are available to consumers allowing them to present complaints and communicate any accident or safety issue they have experienced with the product. If such channels are not available the importer shall provide for them without delay.

Amendment 334 #

Proposal for a regulation
Article 10 – paragraph 7

7. Importers shall cooperate with market surveillance authorities ~~and the manufacturer~~, the competent national authorities and any other relevant economic operators to ensure that a product is safe.

Amendment 335 #

Proposal for a regulation
Article 10 – paragraph 8

8. Importers who consider or have reason to believe~~, on the basis of the information in their possession,~~ that a product which they have placed on the market is not safe shall immediately inform the manufacturer and any other relevant economic operators, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them without delay. Importers shall sen~~sure tha~~d an immediate alert, through the Safety Business Gateway referred to in Article 25, to ensure that consumers are immediately and effectively alerted of the risk in a notification that must be easily accessible, clear and understandable, in accordance with the mechanism laid down in Article 33 where applicable and to ensure that market surveillance authorities of the Member States in which they made the product available to that effect bare immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. These enforcement measures must be listed and communicated via the Safety Business Gateway so that consumers can easily access them.

Amendment 336 #

Proposal for a regulation
Article 10 – paragraph 8

8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, ~~consumers are immediately and effectively alerted of the risk where applicable and that~~immediately alert the market surveillance authorities of the Member States in which they made the product available ~~to that effect be immediately informed~~, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. Importers shall immediately alert consumers of the risk to their health and safety presented by a product they made available. In accordance with Article33, consumers shall be alerted immediately through clear and targeted information at least in the official languages of their country of residence, including but not exclusively using digital means.

Amendment 337 #

Proposal for a regulation
Article 10 – paragraph 8

Amendment 338 #

Proposal for a regulation
Article 10 – paragraph 9

9. Importers shall keep the technical documentation referred to in Article 8(4) for a period ofat least 10 years after they have placed the product on the market and make it available to the market surveillance authorities, upon request. For a product whose lifespan is longer than ten years, this period shall be extended to cover the lifetime of the product.

Amendment 339 #

Proposal for a regulation
Article 10 – paragraph 9

9. Importers shall keep the technical documentation referred to in Article 8(4) ~~for a period of 10 years~~ after they have placed the product on the market and make it available to the market surveillance authorities~~, upon request~~.

Amendment 340 #

Proposal for a regulation
Article 11 – paragraph 1

1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 5, Article 6, Article 7, Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, as well as the precautionary principle.

Amendment 341 #

Proposal for a regulation
Article 11 – paragraph 1

1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) ~~and (8)~~ and Article 10(3) and (4), as applicable.

Amendment 342 #

Proposal for a regulation
Article 11 – paragraph 2

2. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Article 6, Article 7, Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable. They shall apply the precautionary principle.

Amendment 343 #

Proposal for a regulation
Article 11 – paragraph 3

3. Distributors who consider or have reason to believe~~, on the basis of the information in their possession,~~ that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer orand the importer, as applicable, to that effect and ~~shall make sure that~~, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities ~~are informed~~.

Amendment 344 #

Proposal for a regulation
Article 11 – paragraph 4

4. Distributors who consider or have reason to believe~~, on the basis of the information in their possession,~~ that a product which they have made available on the market is not safe or is not in conformity with Article 5, Article 6, Article 7, Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer orand the importer, and any other relevant economic operator, as applicable, to that effect and shall ~~make sure tha~~immediately alert, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect ~~are informed~~, giving details, in particular, of the risk to health and safety and of any corrective measure taken. The information concerning the corrective measures must be detailed and complete. This notification through the Safety Business Gateway should enable consumers to be alerted immediately and effectively to the risk in a notification that should be easily accessible, clear and understandable, in accordance with the mechanism laid down in Article 33 of this Regulation.

Amendment 345 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. When a product has been substantially modified within the meaning of this Article, that product shall be submitted for a new risk assessment pursuant to Articles 5, 6 and 7 of this Regulation.

Amendment 346 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. Where a product has been substantially modified in the meaning of this Article, that product shall be submitted to a new risk assessment pursuant to Articles 5, 6 and 7 of this Regulation.

Amendment 347 #

Proposal for a regulation
Article 13 – paragraph 1

The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect ~~the general safety requirement laid down in Article 5~~all the obligations laid down in this legislation, including the general safety requirement laid down in Article 5. The product safety and compliance program should include at least accident recording and investigation processes, a compliance verification process and risk assessment with protective measures to reduce risk. This program should be audited by a third party auditor. This obligation shall apply to operators of harmonised and non-harmonised products.

Amendment 348 #

Proposal for a regulation
Article 13 – paragraph 1

The economic operators shall ~~ensure that they~~ have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5 and apply the precautionary principle. These internal processes shall be independently audited as necessary. The economic operators shall make this audit report publicly available and shall send it to the market surveillance authorities without delay.

Amendment 349 #

Proposal for a regulation
Article 13 – paragraph 1

The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5. These internal processes shall be subject of independent audit reports, which shall be made publicly available by the economic operators.

Amendment 350 #

Proposal for a regulation
Article 14 – paragraph 1

1. Economic operators shall cooperate with market surveillance authorities , and where relevant with other authorities, regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.

Amendment 351 #

Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)

(ba) a trail of the information gathered about the risk, details of the risk assessment measures and justification of the corrective measures taken.

Amendment 352 #

Proposal for a regulation
Article 14 – paragraph 4

4. Economic operators shall be able to present the information referred to in paragraph 2 ~~for a period of ten years after they have been supplied with the product and for a period of ten years~~throughout the whole life of the product after they have supplied the product, where relevant.

Amendment 353 #

Proposal for a regulation
Article 14 – paragraph 5

5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks in such a way as to make the product safe within the meaning of Articles 5, 6 and 7. Market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.

Amendment 354 #

Proposal for a regulation
Article 14 – paragraph 5

5. Economic operators shall ensure that the corrective measure undertaken is proportionate as well as effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.

Amendment 355 #

Proposal for a regulation
Article 15 – paragraph 1

1. Economic operators shall be established in the EU or have a representative person in the EU in order to place a product covered by this Regulation on the single market, therefore the Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 applicable to harmonised products shall also apply to products covered by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.

Amendment 356 #

Proposal for a regulation
Article 15 – paragraph 1

1. Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by this Regulation, meaning that any product subject to this legislation may only be made available on the EU market if there is an economic operator established in the Union. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.

Amendment 357 #

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1a. The responsible person should be able to handle consumer complaints regarding product safety.

Amendment 358 #

Proposal for a regulation
Article 15 – paragraph 2

2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of ~~randomly chosen~~ products made available on the market. These products shall be randomly chosen and must include products whose sales volumes are significant in relation to the average sales volume of products in the same category. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated. This sample testing shall be sent to the market surveillance authorities and to the competent authorities, as appropriate.

Amendment 359 #

Proposal for a regulation
Article 15 – paragraph 2

2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 as well as economic operators of harmonised products, shall periodically carry out sample testing of randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.

Amendment 360 #

Proposal for a regulation
Article 15 – paragraph 2

2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of ~~randomly chosen products~~categories of products listed most frequently on the Safety Gate made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.

Amendment 361 #

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2a. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be obliged to proactively share evidence of dangerous and non-compliant products with the authorities, through the Business Safety Gate.

Amendment 362 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 15 – paragraph 3

3. The name, registered trade name or registered trade mark, and contact details, including the postal and electronic address and telephone number, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document.

Amendment 363 #

Proposal for a regulation
Article 15 a (new)

Article 15a Small, medium and micro-enterprises 1. In order for economic operators that are SMEs and micro-businesses to be able to fulfil the new obligations according to Art. 8, 9, 10, 11, 12, 13, 14 and 15 of this Regulation, the Commission shall provide them with practical guidelines and tailored guidance which include practical simplifications from the new obligations, where possible, in order to limit their administrative burden. At the same time financial support shall be provided. 2. The Commission is empowered to adopt delegated acts in accordance with Article 41 in order to guarantee support for SMEs and micro-enterprises according to paragraph 1.

Amendment 364 #

Proposal for a regulation
Article 16 – paragraph 1

Member States shall put in place procedures for providing economic operators, within a reasonable time frame, at their request and free of charge, with information with respect to the implementation of this Regulation that is accessible, easily understood, clear, intelligible and unambiguous.

Amendment 365 #

Proposal for a regulation
Article 16 – paragraph 1

Member States shall put in place procedures for providing economic operators~~, at their request and~~ free of charge, with information with respect to the implementation of this Regulation. Consumers, and any interested party, must be able to access this information.

Amendment 366 #

Proposal for a regulation
Article 17 – paragraph 1

1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Gate for Accidents Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission ~~may~~shall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability or require independent third-party conformity assessment.

Amendment 367 #

Proposal for a regulation
Article 17 – paragraph 1

1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, 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.

Amendment 368 #

Proposal for a regulation
Article 17 – paragraph 2

2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components ~~or of~~and their country of production, and the economic operators involved in its supply chain, as well as in modalities to display and to access that data, including placement of a data carrier on the product, its packaging or accompanying documents. The display modalities shall ensure traceability by making available information that is clear, legible and understandable.

Amendment 369 #

Proposal for a regulation
Article 17 – paragraph 3 – introductory part

3. TIn cooperation with relevant stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 41 six months after the entry into force of this Regulation at the latest to supplement this Regulation by:

Amendment 370 #

Proposal for a regulation
Article 17 – paragraph 3 – point b a (new)

(ba) specifying the period for retaining the data that economic operators collect and store by means of the traceability system referred to in paragraph 2. The retention period and modalities must ensure respect for Regulation (EU) 2016/679 of the European Parliament and of the Council;

Amendment 371 #

Proposal for a regulation
Article 17 – paragraph 4 – point a

(a) the cost-effectiveness of the measures, including their impact on ~~businesses, in particular~~ small and medium-sized enterprises; The effectiveness of the measures must be assessed in light of the improvement in consumer information that they entail and their effects on consumer safety and health;

Amendment 372 #

Proposal for a regulation
Article 17 – paragraph 4 a (new)

4a. Economic operators who make available certain products, categories or groups of products, which bear a very serious risk to the safety of consumers, on the market, are required to register with their EU contact details with the market surveillance authority in the Member State where the product is offered.

Amendment 373 #

Proposal for a regulation
Article 17 a (new)

Article 17a Traceability of products for consumers Consumers shall be informed of the different countries in which a product and its components are produced by means of information on the label. This information shall be indicated in the description for sales carried out online, particularly on marketplaces. Consumers shall have access to the following information: (a) place of product design; (b) place of origin of the various product components; (c) composition of the product; (d) transit locations of the product and its components; (e) place of product assembly. This information shall be easily accessible to consumers, understandable, legible and available in the consumer’s language, both on the product and in the online description.

Amendment 374 #

Proposal for a regulation
Article 18 – paragraph 1 – introductory part

Where products are made available on the market online or through other means of distance sales by the ~~relevant~~ economic operators, the relevant offer of the product shall clearly and visibly indicate at least the following information:

Amendment 375 #

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address and telephone number at which they can be contacted;

Amendment 376 #

Proposal for a regulation
Article 18 – paragraph 1 – point c

(c) information to identify the product, including its type ~~and, when available, batch or serial number~~ and any other product identifier;

Amendment 377 #

Proposal for a regulation
Article 18 – paragraph 1 – point c

(c) information to identify the product, including its type and~~, when available,~~ batch or serial number and any other product identifier;

Amendment 378 #

Proposal for a regulation
Article 19 – paragraph 1

1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident resulting in the risk to or actual damage of the health or safety of a consumer caused by a product placed or made available on the market is notified, within two working days at the latest from the moment it ~~knows~~has been notified about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.

Amendment 379 #

Proposal for a regulation
Article 19 – paragraph 1

1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident ~~caused by a~~resulting in severe injuries or serious danger to life which was caused by a defect of the product placed or made available on the market is notified, with~~in two working d~~out undue delays from the moment it knows about the facts of the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.

Amendment 380 #

Proposal for a regulation
Article 19 – paragraph 1

1. The manufacturer shall ~~ensure that~~notify, through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market ~~is notified, within two working day~~within 12 hours from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information as soon as possible.

Amendment 381 #

Proposal for a regulation
Article 19 – paragraph 1

1. The manufacturer shall ~~ensure that~~notify, through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market ~~is notified, within two working day~~, within 24 hours from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.

Amendment 382 #

Proposal for a regulation
Article 19 – paragraph 2

2. The importers ~~and~~, the distributors and the online marketplaces which have knowledge of an accident caused by a product that they placed or made available on the market shall ~~inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification~~notify this information via the Safety Business Gateway within 12 hours from the moment they know about the accident and shall inform the manufacturer without delay.

Amendment 383 #

Proposal for a regulation
Article 19 – paragraph 2

2. The importers and the distributors which have knowledge of an accident according to paragraph 1 caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification, without undue delay.

Amendment 384 #

Proposal for a regulation
Article 19 – paragraph 2

2. The importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall ~~inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification~~notify this information to the Safety Business Gateway within 24 hours and inform the manufacturer thereof.

Amendment 385 #

Proposal for a regulation
Article 19 – paragraph 2 a (new)

2a. Online market places which have knowledge of an accident caused by a product or a safety related issue caused by a dangerous product made available on the market through their marketplace shall notify this within 24 hours to the Safety Business Gateway and inform the manufacturer thereof.

Amendment 386 #

IV ~~Online marketplaces~~

Amendment 387 #

Proposal for a regulation
Article 20 – title

~~Specific o~~Obligations of online marketplaces related to product safety

Amendment 388 #

Proposal for a regulation
Article 20 – paragraph -1 (new)

-1. Online marketplaces shall ensure the identification of professional traders and take the measures necessary to enable the identification of non professional traders, according to the provisions on the traceability of traders laid down in the Digital Services Act, as well as the traceability of the products offered to consumers via their online interfaces.

Amendment 389 #

Proposal for a regulation
Article 20 – paragraph -1 a (new)

-1a. The obligations of online marketplaces related to product safety shall be determined according to the provisions of the Digital Services Act on the liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.

Amendment 390 #

Proposal for a regulation
Article 20 – paragraph -1 b (new)

-1b. The information listed under paragraph 2 of this Article shall be displayed alongside the digital product listing in a clear, intelligible and unambiguous language and in a way that is easily accessible and understandable for all consumers.

Amendment 391 #

Proposal for a regulation
Article 20 – paragraph -1 c (new)

-1c. Online marketplaces shall ensure that the information listed in paragraph 5 provided by the trader is accurate before products are allowed to be offered on the market through their online interfaces.

Amendment 392 #

Proposal for a regulation
Article 20 – paragraph -1 d (new)

-1d. The Online Marketplace shall, upon receiving the information in paragraph 5 and until the end of the contractual relationship with the trader, make reasonable efforts to assess whether the information referred to in points (a) to (d) of paragraph 5 is reliable and up-to- date through the use of any freely accessible official online database or online interface made available by a Member State or the Union or through requests to the business user to provide supporting documents from reliable sources.

Amendment 393 #

-1e. Online marketplaces shall periodically carry out visual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews and potential risks and harms towards consumers.

Amendment 394 #

Proposal for a regulation
Article 20 – paragraph -1 f (new)

-1f. Where the online marketplace obtains undoubtful indications that information under paragraph 3 is inaccurate or incorrect, it shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete in 24 hours in order to allow the offering of the product on its interface in accordance with the present Regulation. If the information is not corrected in 24 hours, the online marketplace should coordinate without delay with the Member State competent authorities, to the relevant Digital Services Coordinator and to the European Commission through the Business Safety Gateway, to assess about the impact on the safety of the product. The online marketplace shall then decide to temporarily remove the product from its online platform and/or to disable the access of the trader to its online platform.

Amendment 395 #

Proposal for a regulation
Article 20 – paragraph -1 g (new)

-1g. Online marketplaces shall report dangerous products to Business Safety Gateway and to the relevant Digital Services Coordinator. The application of this paragraph shall not oblige online marketplaces to use automated tools for content moderation, and shall not lead to any general monitoring obligation, and shall be subject to human review.

Amendment 396 #

Proposal for a regulation
Article 20 – paragraph 1 – introductory part

1. Online marketplaces shall establish a single contact point a~~llowing for direct communication with Member States’ market surveillance authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.~~ imed at guaranteeing rapid and direct communication with all competent authorities, including Member States’ market surveillance authorities and customs authorities, as well as the Commission where appropriate, in relation to product safety issues, in particular for orders concerning offers of dangerous products. The single contact point designated by online marketplaces must be established in a Member State. In addition, online marketplaces that do not have an establishment within the Union but that offer services within the Union shall designate, in writing, a legal or natural person as their legal representative in one of the Member States in which the provider offers its services, in accordance with [Article 11] of Regulation (EU) [.../...] on an internal market for digital services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment 397 #

Proposal for a regulation
Article 20 – paragraph 1 – introductory part

1. Online marketplaces shall establish a single contact point ~~allowing for~~for the purpose of ensuring a swift and direct communication with all competent Member States’ authorities, including market surveillance and customs authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.

Amendment 398 #

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

Online marketplaces shall register with the Safety Gate portal and indicate on the portal the information concerning their single contact point. This information shall include the name, postal and electronic address and telephone number of their single contact point. Online marketplaces shall ensure that information regarding their contact point is up-to-date and shall update information without delay, if necessary.

Amendment 399 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)

Online marketplaces shall make public the information necessary to facilitate the identification of, and communication with, their single contact points. This information must be easily accessible to consumers from the online marketplace interface. Full information regarding product traceability shall be easily accessible to consumers from the online marketplace interface. This information shall be understandable, legible and available in the consumer’s language. Consumers shall have access to the following information: (a) place of product design; (b) place of origin of the various product components; (c) composition of the product; (d) transit locations of the product and its components; (e) place of product assembly.

Amendment 400 #

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 b (new)

Online marketplaces shall ensure that traders are identified and guarantee the traceability of products offered to consumers via their online interfaces.

Amendment 401 #

Proposal for a regulation
Article 20 – paragraph 1 a (new)

1a. Online marketplaces shall design their online interfaces in such a way as to allow the traders using them to comply with consumer protection legislation, including product safety and market surveillance legislation, enabling them to provide all the information and documentation required by such legislation. Online marketplaces shall meet the demands of traders and be available to them to facilitate compliance with consumer protection legislation.

Amendment 402 #

Proposal for a regulation
Article 20 – paragraph 1 b (new)

1b. Before allowing a product to be made available on the market through their online interfaces, marketplaces shall ensure that the following information is provided by the traders using them: (a) the name, registered trade name and/or registered trade mark of the manufacturer, as well as the postal and electronic address and telephone number at which they can be contacted; (b) where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the responsible person within the meaning of Article 15(1) of this Regulation; (c) the information necessary to identify the product, including its type, batch or serial number and any other product identifier; (d) any warning or safety information to be affixed on the product or accompany it in accordance with this Regulation or the applicable Union harmonisation legislation, in language that can be easily understood by all consumers.

Amendment 403 #

Proposal for a regulation
Article 20 – paragraph 1 c (new)

1c. The information given under paragraph 1b of this Regulation shall be displayed alongside the digital product listing in clear, intelligible and unambiguous language, and in a way that is easily accessible and understandable for all consumers. The consumer shall have access to all this information in a national language of one of the Member States.

Amendment 404 #

Proposal for a regulation
Article 20 – paragraph 1 d (new)

1d. Online marketplaces shall ensure, from the outset of the contractual relationship and throughout the duration thereof, that the information referred to in points (a) to (d) of paragraph 3 is reliable and complete. They shall ask business users to provide documents attesting to the veracity of the information. They shall verify the information provided by traders and ask for any information or further documentation necessary in line with points (a) to (d) of paragraph 3. They shall conduct regular and random checks throughout the duration of the contractual relationship to ensure the conformity of the information provided by the traders.

Amendment 405 #

Proposal for a regulation
Article 20 – paragraph 1 e (new)

1e. Online marketplaces shall periodically conduct visual inspections and sample testing of randomly selected products, taking into consideration previous reports, databases and examinations, as well as potential risks and harm to consumers. The products subject to these tests must include those made available on the market through the intermediary of their service and must include products that have a particularly high sales volume in relation to the average sales volume of products in the same category.

Amendment 406 #

Proposal for a regulation
Article 20 – paragraph 1 f (new)

1f. The online marketplaces shall immediately suspend from their online interfaces offers from traders who provide incomplete or incorrect information and traders who do not comply with the rules set out in this Regulation. Traders shall be informed of the suspension by a notification that includes all information justifying the suspension. They shall correct this information and, where appropriate, request an end to the suspension of their offers.

Amendment 407 #

Proposal for a regulation
Article 20 – paragraph 1 g (new)

1g. In the event of a proven and repeated breach of any of the obligations laid down in this Regulation or in European or national legislation on consumer safety, the online marketplace shall permanently exclude the trader. It shall establish and maintain an internal database of dangerous products that have been made available through its services. It shall enter all relevant information and provide the authorities with access to this database. This exclusion shall also apply to new accounts that the trader may create, including through a third party. Such repeated violations may be detected as a result of a notification from a competent national authority, the market surveillance authorities of the Member States, the Commission, a consumer association or any interested party. The online marketplace shall perform such detection work itself. It shall ensure human checks if automatic monitoring by digital means is used. The online marketplace shall notify the national market surveillance authorities and the competent national authorities, in particular the competition authorities, of any wrongful notifications by a natural or legal person. A legal or natural person who is guilty of wrongful notification may have his or her ability to issue notifications suspended for a period proportionate to the number of wrongful notifications he or she has sent.

Amendment 408 #

Proposal for a regulation
Article 20 – paragraph 1 h (new)

1h. Online marketplaces shall cooperate with the market surveillance and other consumer protection authorities, relevant economic operators, consumer organisations and other civil society organisations to facilitate all action taken to eliminate or mitigate the risks posed by a product that is or has been offered for sale online through their services. This cooperation shall include in particular: (a) cooperating to ensure the effectiveness of product recalls, including by carrying out recalls directly and providing remedy to consumers if the responsible economic operator fails to take adequate and timely action; (b) informing the competent authorities, on a regular and timely basis, of any measures taken to eliminate or mitigate the risks posed by a product that is or has been offered for sale online through their services; (c) cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed or suspended by online marketplaces on the basis of this article; (d) providing the competent authorities with access to all relevant data on traders and products and their interfaces in order to deploy online tools to identify and remove dangerous products; (e) upon request of the competent authorities or any other authority, where online marketplaces or operators active on their online interfaces have put in place technical barriers to prevent the extraction of data from their online interfaces, permitting the extraction of data for product safety purposes on the basis of identification parameters provided by market surveillance authorities and other competent authorities requesting it.

Amendment 409 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 20 – paragraph 2 – introductory part

2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to ~~it or to display an explicit warning to end users when they access~~ it. Such orders shall contain a statement of reasons and specify one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the illegal content concerned. They may be transmitted by means of the Safety Gate portal.

Amendment 410 #

Proposal for a regulation
Article 20 – paragraph 2 – introductory part

2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it and to avoid its reappearance. Such orders shall contain a clear statement of reasons and specify one or more exact uniform resource locators and~~, where necessary,~~ all available additional information enabling the identification of the ~~illegal content concerned~~dangerous product concerned ideally without further research. They may be transmitted by means of the Safety Gate portal.

Amendment 411 #

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

Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate. , or whether more information is needed to give effect to that notice. In cases where an European Article Number or another identification number is communicated to the online marketplace, it shall ensure that all identical products that are offered under that code are removed from their platform and shall not reappear.

Amendment 412 #

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

Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay~~, and in any even~~. If the information provided by the market surveillance authorities contains enough details to identify the dangerous product immediately, the online marketplaces shall act within 24 hours. If online marketplaces have to carry out additional research in order to identify the product, then it shall act within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.

Amendment 413 #

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

Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within ~~two working day~~24 hours in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.

Amendment 414 #

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

Online marketplaces shall take the necessary measures to receive and process without delay the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued ~~without undue delay,~~ and in any event within ~~two working day~~12 hours in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.

Amendment 415 #

Proposal for a regulation
Article 20 – paragraph 2 a (new)

2a. Orders from the market surveillance authorities shall also apply to mirror advertisements, i.e. to specific illegal advertisements or content that refer to a dangerous product referring to products that are equivalent or identical to products that have already been the subject of orders. The similarity of the products shall be established according to the manufacturer, the composition and the characteristics of the product. Online marketplaces shall take all necessary measures to prevent the reappearance of specific illegal advertisements or content referring to a dangerous product on their platform.

Amendment 416 #

Proposal for a regulation
Article 20 – paragraph 3

Amendment 417 #

Proposal for a regulation
Article 20 – paragraph 3

3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gatecreate a connection to the Safety Gate, through for example an application programme interface, that enables them to quickly and efficiently check the Safety Gate before placing products on their websites and to receive alerts that a product has been notified in the system and therefore ensures that products offered for sale are safe. They shall inform the authority of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.

Amendment 418 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 20 – paragraph 4

4. Online marketplaces shall give an appropriate answer ~~without undue delay~~, and in any event within ~~five working days, in the Member State where the online marketplace operates, to~~24 hours, to all notices related to product safety issues and dangerous products particularly those received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

Amendment 419 #

Proposal for a regulation
Article 20 – paragraph 4

4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within ~~five~~two working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

Amendment 420 #

Proposal for a regulation
Article 20 – paragraph 4

4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within ~~five working day~~48 hours, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

Amendment 421 #

Gilles LEBRETON

Proposal for a regulation
Article 20 – paragraph 4

4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within ~~five working day~~72 hours, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

Amendment 422 #

Proposal for a regulation
Article 20 – paragraph 5

5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address at which they can be contacted; (b) where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the responsible person within the meaning of Article 15 (1); (c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier; (d) any warning or safety information that is to be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers.deleted

Amendment 423 #

Proposal for a regulation
Article 20 – paragraph 5 – introductory part

Amendment 424 #

Proposal for a regulation
Article 20 – paragraph 5 – point a

(a) name, registered trade name and/or registered trade mark of the manufacturer, as well as the postal or electronic address at which they manufacturer and the traders can be contacted;

Amendment 425 #

Proposal for a regulation
Article 20 – paragraph 5 – point a

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address and telephone number at which they can be contacted;

Amendment 426 #

(ba) where the trader is registered in a trade register or similar public register, the trade register in which the trader is registered and its registration number or equivalent means of identification in that register;

Amendment 427 #

Proposal for a regulation
Article 20 – paragraph 5 – point b b (new)

(bb) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council;

Amendment 428 #

Proposal for a regulation
Article 20 – paragraph 5 – point d a (new)

(da) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law and where applicable confirming that all products have been checked against the Safety Gate;

Amendment 429 #

Proposal for a regulation
Article 20 – paragraph 5 a (new)

5a. The online marketplace allowing consumers to conclude distance contracts with traders shall, upon receiving that information before allowing the display of the product or service on its online interface, and until the end of the contractual relationship, make best efforts to assess whether the information referred to paragraph 5 is reliable and complete, by checking the information provided by the trader through the use of Safety Gate or through direct requests to the trader to provide supporting documents from reliable sources.

Amendment 430 #

Proposal for a regulation
Article 20 – paragraph 5 b (new)

5b. The online marketplace shall make best efforts to identify and prevent the dissemination, by traders using its service, of offers for products or services which do not comply with this Regulation through measures such as: a) random checks on the products and services offered to consumers in addition to the obligations referred to in paragraph 1 and 2 of this Article. b) regularly checking and delisting products that have been reported in the Safety Gate portal or by the national market surveillance authorities. c) using state-of-the-art technology to prevent products which have been previously reported as unsafe from reappearing on their marketplace.

Amendment 431 #

Proposal for a regulation
Article 20 – paragraph 5 c (new)

5c. The interface of online marketplaces should allow consumers to easily: a. Notify where they can report product safety issues in accordance with [Article 14] of Regulation (EU) ../..[the Digital Services Act]. Online marketplaces should share product safety notices they receive with market surveillance authorities; b. Understand the role of the online marketplace in the supply chain regarding a specific product; c. Understand which rights the consumer therefore has in case of an issue relating to product safety.

Amendment 432 #

Proposal for a regulation
Article 20 – paragraph 6

6. Online marketplaces shall cooperate with the market surveillance authorities and with relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services. This cooperation shall include in particular: (a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls; (b) informing the market surveillance authorities of any action taken; (c) cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed on the basis of this Article by online marketplaces; (d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products; (e) upon request of the market surveillance authorities, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.deleted

Amendment 433 #

Proposal for a regulation
Article 20 – paragraph 6 – point a

(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and publishing the recall notice on their website;

Amendment 434 #

Proposal for a regulation
Article 20 – paragraph 6 – point a

(a) cooperating to ensure effective product recalls, ~~including by abstaining from putting obstacles to product recalls;~~such as by informing consumers and providing contact details to market surveillance authorities

Amendment 435 #

Proposal for a regulation
Article 20 – paragraph 6 – point d

(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products while respecting sensitive business information;

Amendment 436 #

Proposal for a regulation
Article 20 – paragraph 6 – point e

(e) upon request of the market surveillance authorities, when the data is not available through the responsible economic operator, online marketplace~~s or online seller~~s have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape such data based on a targeted request for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.

Amendment 437 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 21 – paragraph 3

3. Where a dangerous product has been identified, the manufacturer shall indicate~~, upon request by~~ to the market surveillance authorities, and other relevant authorities which other products, produced with the same procedure, containing the same components or being part of the same production batch, are affected by the same risk.

Amendment 438 #

Proposal for a regulation
Article 21 – paragraph 4 a (new)

4a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;

Amendment 439 #

Proposal for a regulation
Article 22 – paragraph 1

1. Member States shall communicate to the Commission, once a year, data concerning the implementation of this Regulation. A summary report shall be made available to the public.

Amendment 440 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 22 a (new)

Article 22a States shall ensure that any measure taken by the competent authorities involving restrictions on the placing of a product on the market or requiring its withdrawal or recall can be challenged before the competent courts.

Amendment 441 #

Proposal for a regulation
Article 23 – paragraph 1

1. The Commission shall further develop and m~~aintain a~~odernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’), as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories.

Amendment 442 #

Proposal for a regulation
Article 23 – paragraph 1

1. The Commission shall further develop and maintain a rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’) and economic operators that have repeatedly impeded this regulation.

Amendment 443 #

Proposal for a regulation
Article 23 – paragraph 2 a (new)

2a. Consumers shall have access to the Safety Gate under the conditions laid down in Article 32. They shall have access to information on products that may pose a risk to health and to a separate area in the portal where they can inform the Commission of products that pose a risk to their health.

Amendment 444 #

Proposal for a regulation
Article 23 – paragraph 2 a (new)

2a. The Commission shall adopt implementing acts specifying the interoperable interface on the Safety Gate according to Art. 23 para. 1, in particular concerning the access to the system and its operation. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Amendment 445 #

Proposal for a regulation
Article 24 – paragraph 2 – introductory part

2. Member States ~~may~~shall notify in the Safety Gate corrective measures taken by their authorities or by economic operators on the basis of provisions of Union harmonisation legislation and Regulation (EU) 2019/1020 in relation to products presenting a less than serious risk.

Amendment 446 #

Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1

The notification shall be submitted in the Safety Gate within ~~two~~four working days from the adoption of the corrective measure.

Amendment 447 #

6. If the Commission identifies products which are likely to present a serious risk and for which Member States have not submitted a notification in the Safety Gate, it shall inform the Member States. and the economic operators concerned. The latter must remove the products until Member States shallve undertaken the appropriate verifications ~~and, if they~~. If Member States adopt measures, they shall notify them in the Safety Gate and in the Safety Business Gate in accordance with paragraph 1.

Amendment 448 #

Proposal for a regulation
Article 24 – paragraph 6 a (new)

6a. The Commission shall make a separate overview of the manufacturers and traders whose products were notified and found to be unsafe in the Safe Gate more than three times, and the manufacturers that have been deleted from online marketplaces as a result of repeated infringements.

Amendment 449 #

Proposal for a regulation
Article 24 – paragraph 8 a (new)

8a. Economic operators should be informed about the decision to include their product in the Safety Gate with undue delay. Where an economic operator believes that his product has been wrongly included in the Safety Gate, he should be able to provide comments to the relevant market surveillance authority. The recall procedure would not be stopped until the claim of the economic operator has been found legitimate.

Amendment 450 #

Proposal for a regulation
Article 24 – paragraph 8 b (new)

8b. The Commission shall publish guidance to market surveillance authorities to ensure more uniform enforcement and legally certain communication when dealing with recall notifications and respective requests by competent authorities.

Amendment 451 #

Proposal for a regulation
Article 25 – paragraph 1

1. The Commission shall maintain a 1. web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19, which must be accessible for consumers with disabilities.

Amendment 452 #

Proposal for a regulation
Article 25 – paragraph 1

1. The Commission shall maintain an easy-accessible web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.

Amendment 453 #

Proposal for a regulation
Article 25 a (new)

Article 25a Safety Gate for accidents 1. The market surveillance authorities of Member States shall register the information received pursuant to Article 25(1) in a pan-European database with due respect to Union and national rules on data protection. 2. This pan-European database will be part of the Safety Business Gateway. 3. The Commission shall support the coordination of data collection from market surveillance authorities and maintain this pan-European database.

Amendment 454 #

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or, upon request of Member States, or upon request of consumer organisations, by means of implementing acts, adapted to the gravity and urgency of the situation if~~, at one and the same time~~:

Amendment 455 #

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate and proportionate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:

Amendment 456 #

Proposal for a regulation
Article 26 – paragraph 1 – point a

(a) it emerges from prior consultations with the Member States that they differ significantly on the approach adopted or to be adopted to deal with the risk; ~~and~~or;

Amendment 457 #

Proposal for a regulation
Article 26 – paragraph 1 – point b

(b) the risk cannot be dealt with, in view of the nature of the safety issue posed by the product, category or group of products, in a manner compatible with the degree of gravity or urgency of the case, under other procedures laid down by the specific Union legislation applicable to the products concerned; ~~and~~or

Amendment 458 #

(c) the risk can be eliminated effectively only by adopting appropriate and proportionate measures applicable at Union level, in order to ensure a consistent and high level of protection of the health and safety of consumers and the proper functioning of the internal market.

Amendment 459 #

Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1

Those measures may include measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their conformity assessment, going beyond those for self-assessment and marketing, in order to ensure a high level of consumer safety protection.

Amendment 460 #

Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 a (new)

It may also be an EC type-examination (testing and certification by an independent third party) for some products or categories or a specific group of products that pose a serious risk to the health and safety of consumers and that have caused serious accidents in the past, or products intended for vulnerable consumers.

Amendment 461 #

Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 b (new)

EC Certification must be subject to product analysis and control at the production sites.

Amendment 462 #

Proposal for a regulation
Article 26 – paragraph 5

5. Any Member State or consumer organisation may submit a substantiated request to the Commission to examine the need for the adoption of a measure referred to in paragraph 1 or 3.

Amendment 463 #

Proposal for a regulation
Article 27 – paragraph 2

2. Where market surveillance authorities in other Member States reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment, the Member States concerned may request the Commission to arbitrate. In that case, the Commission shall invite all Member States to express a recommendation. It shall also request a third-party evaluation and invite consumer organisations to make a recommendation.

Amendment 464 #

Proposal for a regulation
Article 28 – paragraph 1

1. A European network of the authorities of the Member States competent for product safety (‘Consumer Safety Network’) shall be established. Consumer organisations shall be observers to the Safety Network.

Amendment 465 #

Proposal for a regulation
Article 28 – paragraph 3 – point b

(b) the establishment and execution of joint surveillance and testing projects, such as consideration of European Standards providing presumption of conformity with this Regulation;

Amendment 466 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 29 – paragraph 3

3. A market surveillance authority may use any information resulting from the activities carried out as part of any investigation regarding the safety of products that it undertakes, with the exception of professional secrecy or confidential manufacturer information.

Amendment 467 #

Proposal for a regulation
Article 30 – paragraph 1

1. Market surveillance authorities ~~may decide to~~shall conduct simultaneous coordinated control actions (“sweeps”) o~~f particular product categories to~~n a regular basis, at least once a year, in which they check compliance with or to detect online and offline infringements to this Regulation.

Amendment 468 #

Proposal for a regulation
Article 30 – paragraph 2

2. Unless otherwise agreed upon by the market surveillance authorities concerned, sweeps shall be coordinated by the Commission. The coordinator of the sweep ~~may, where appropriate,~~shall make the aggregated results publicly available.

Amendment 469 #

Proposal for a regulation
Article 31 – paragraph 1

1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting risks to consumer health and safety, or information that is considered relevant in order to protect the interests of end users, shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.

Amendment 470 #

Proposal for a regulation
Article 31 – paragraph 1

1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting risks to consumer health and safety ~~shall in genera~~, or information that is considered relevant to protect the interests of end users, shall be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.

Amendment 471 #

Proposal for a regulation
Article 31 – paragraph 3

3. Protection of professional secrecy is key. Nevertheless, in exceptional and justified cases, it shall not prevent the dissemination to the competent authorities of Member States of information relevant for ensuring the effectiveness of market monitoring and surveillance activities. The authorities, which in exceptional and justified cases must receiv~~ing~~e information covered by professional secrecy, shall ensure its protection.

Amendment 472 #

Proposal for a regulation
Article 31 – paragraph 4

4. Member States shall give consumers, or organisations representing consumers and other interested parties, the opportunity to submit complaints to the competent authorities on product safety and on surveillance and control activities and these complaints shall be followed up as appropriate. The authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and of the decision taken, and shall inform the complainant of the right to an effective judicial remedy provided for in Article 35 a.

Amendment 473 #

Proposal for a regulation
Article 32 – paragraph 1

1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24. The Commission shall ensure that this website is easily findable and accessible for the general public.

Amendment 474 #

Proposal for a regulation
Article 32 – paragraph 1

Amendment 475 #

Proposal for a regulation
Article 32 – paragraph 2

2. Consumers or other interested parties shall have the possibility to inform the Commission of products presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received ~~and ensure follow up, where appropriate~~shall inform consumers or other interested parties of its decision.

Amendment 476 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 32 – paragraph 2 a (new)

2a. Consumers and consumer organisations may submit different complaints through an allocated section of this portal, which the Commission will transmit to the competent authorities for product safety and surveillance and enforcement activities, and these complaints shall be followed up accordingly. The authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and the decision taken, and shall inform the complainant of the right to an effective judicial remedy as provided for in Article 35a.

Amendment 477 #

Proposal for a regulation
Article 33 – paragraph 1

1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.

Amendment 478 #

Proposal for a regulation
Article 33 – paragraph 1

Amendment 479 #

Proposal for a regulation
Article 33 – paragraph 1 – point 1 (new)

(1) When purchasing a product, economic operators shall give consumers the opportunity to leave their contact details (telephone number, electronic address, postal address) in order to receive an alert if the safety of a product is called into question. Economic operators shall respect this obligation for both online and offline sales. Economic operators shall provide consumers with the possibility of receiving a clear and comprehensible alert if the safety of a product is called into question.

Amendment 480 #

Marion WALSMANN, Esteban GONZÁLEZ PONS, Pascal ARIMONT

Proposal for a regulation
Article 33 – paragraph 2 a (new)

2a. The market surveillance authorities shall also require online marketplaces to issue recalls, including for products sold by third parties on their platforms.

Amendment 481 #

Proposal for a regulation
Article 33 – paragraph 4

4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces according to paragraph 1 of this Article, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.

Amendment 482 #

Proposal for a regulation
Article 33 – paragraph 4

4. ~~If not all affected consumers can be contacted directly, e~~Economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities. Consumer organisations shall also be informed to support the dissemination of the information.

Amendment 483 #

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. ~~That remedy shall consist of~~In order to have the goods brought into conformity with this Regulation, the consumer may choose between at least one of the following means of remedy:

Amendment 484 #

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

Amendment 485 #

Proposal for a regulation
Article 35 – paragraph 1 – point c

Amendment 486 #

Proposal for a regulation
Article 35 – paragraph 2 a (new)

2a. The right to remedy laid down in this Article is without prejudice to Directive (EU) 85/374/EEC on Product Liability.

Amendment 487 #

Proposal for a regulation
Article 35 – paragraph 3 a (new)

3a. Where no economic operator offers a remedy to the consumer, the consumer shall be entitled to submit a complaint to the competent authority in accordance with Article 31(4).

Amendment 488 #

Proposal for a regulation
Article 35 a (new)

Article 35a Right to an effective judicial remedy Notwithstanding any administrative or other non-judicial remedies, any affected consumer or organisation representing consumers and other interested parties shall have the right to an effective judicial remedy with regard to the failure of economic operators to comply with their obligations under this Regulation.

Amendment 489 #

Proposal for a regulation
Article 36 – paragraph 1 a (new)

1a. The Consumer Safety Network shall cooperate with other existing European networks, such as the Consumer Protection Cooperation Network, the European Data Protection Committee and other European organisations, in particular to assess the safety of products or to decide on remedies under Article 35.

Amendment 490 #

Proposal for a regulation
Article 36 a (new)

Article 36a Amendments to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC: Article 5, 6, 7, 15, 18, 20, 26, 31, 33, 35 of the Regulation of the European Parliament and of the Council on a General Product Safety Regulation

Amendment 491 #

Proposal for a regulation
Article 36 a (new)

Article 36a Amendments to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC:“(X) Regulation of the European Parliament and of the Council on a General Product Safety Regulation”

Amendment 492 #

Proposal for a regulation
Article 37 – paragraph 1 – point c a (new)

(ca) the development and management of a unit to carry out ‘sweeps’, as specified in Article 30;

Amendment 493 #

Proposal for a regulation
Article 40 – paragraph 4

4. In the case of fines, the maximum amount of penalties shall be at least 4 8% of the economic operator’s or, where applicable, online marketplace’s annual turnover in the Member State or Member States concerned.

Amendment 494 #

Proposal for a regulation
Article 40 – paragraph 8 – point b

~~(b) where publication would cause disproportionate damage to the economic operator or online marketplace;~~deleted

Amendment 495 #

Proposal for a regulation
Article 40 – paragraph 8 a (new)

8a. where the penalties cover only a low amount.

Amendment 496 #

Proposal for a regulation
Article 43 – paragraph 1

1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products ~~while taking into account its impact on businesses and in particular on small and medium-sized enterprises~~, in particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate, the challenges posed by new technologies and by online marketplaces, and an evaluation of the number of accidents since implementing the Regulation.

Amendment 497 #

Proposal for a regulation
Article 43 – paragraph 1

1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products, in particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate, challenges posed by new technologies and by online marketplaces, while taking into account its impact on businesses and in particular on small and medium-sized enterprises.

Amendment 498 #

Proposal for a regulation
Article 43 – paragraph 1

Amendment 499 #

Maria-Manuel LEITÃO-MARQUES, Marc ANGEL, Adriana MALDONADO LÓPEZ, Maria GRAPINI

Proposal for a regulation
Article 47 – paragraph 2

It shall apply from [612 months after the entry into force of this Regulation].

source: 703.003

2022/01/19 IMCO 619 amendments...

Amendment 168 #

Proposal for a regulation
Recital 5

(5) This Regulation should aim at protecting consumers and their safety as one of the fundamental principle of the EU legal framework, enshrined in the EU Charter of fundamental rights. Dangerous products can have very negative consequences on consumers and citizens. All consumers, including the most vulnerable, such as children, older persons or, persons with disabilities, or those consumers in a state of transitory vulnerability, have the right to safe products. Consumers should have at their disposal sufficient means to enforce such rights, and Member States adequate instruments and measures at their disposal to enforce this Regulation.

Amendment 169 #

Evelyne GEBHARDT, Andreas SCHIEDER, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Alex AGIUS SALIBA, Marc ANGEL, Biljana BORZAN

Proposal for a regulation
Recital 6

(6) 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 broad-based legislative framework of a horizontal nature to fill gaps ~~and~~, in particular pending revision of the existing sector-specific Union harmonisation legislation, and to complement provisions in existing or forthcoming existing sector-specific Union harmonisation legislation, to ensure consumer protection not otherwise ensured, 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 Treaty.

Amendment 170 #

Proposal for a regulation
Recital 6

(6) 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 broad based legislative framework of a horizontal nature to fill gaps ~~and~~, in particular pending revision of the existing specific legislation, and to complement provisions in existing or forthcoming specific legislation to ensure consumer protection not otherwise ensured, 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 Treaty.

Amendment 171 #

Evelyne GEBHARDT, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Alex AGIUS SALIBA, Andreas SCHIEDER, Marc ANGEL, Biljana BORZAN

Proposal for a regulation
Recital 8

(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not ~~cover~~specifically regulated by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of distant sales and accidents, the right of information and remedy for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

Amendment 172 #

Proposal for a regulation
Recital 8

(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not ~~cover~~specifically regulated by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

Amendment 173 #

Beata MAZUREK, Kosma ZŁOTOWSKI, Adam BIELAN, Eugen JURZYCA, Carlo FIDANZA

Proposal for a regulation
Recital 8

(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation ~~when~~to the extent that there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

Amendment 174 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 9

(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should ~~limit~~focus their controls ton the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls.

Amendment 175 #

Beata MAZUREK, Kosma ZŁOTOWSKI, Adam BIELAN, Eugen JURZYCA, Carlo FIDANZA

Proposal for a regulation
Recital 10

(10) The ~~precautionary principle is a fundamental principle for ensuring the safety of products and consumer~~risk-based approach is a proportionate way to ensure a high level of safety of products and consumers, while guaranteeing that efforts are focused on the products possessing realistic hazards and should therefore be taken into due account by all relevant actors when applying this Regulation.

Amendment 176 #

Proposal for a regulation
Recital 10

(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this RegulationSince the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products entering the single market, more financial and human resources for these authorities are needed in order to properly fulfil their tasks.

Amendment 177 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 11

(11) Considering also the broad scope given to the concept of ~~health26 , the environmental risk posed by a product~~safety, hazards associated with the product, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity, should be taken into consideration in the application of this Regulation in as much ~~as it can~~such hazards also ultimately result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

Amendment 178 #

Beata MAZUREK, Kosma ZŁOTOWSKI, Adam BIELAN, Eugen JURZYCA, Carlo FIDANZA

Proposal for a regulation
Recital 11

(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation ~~inasmuch as it can also ultimately~~to the extent that it can reasonably be expected to result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

Amendment 179 #

Proposal for a regulation
Recital 11

(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can ~~also~~ ultimately result in a risk to the health and safety of consumers, but also in a risk to the health and safety of the public. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

Amendment 180 #

Evelyne GEBHARDT, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Andreas SCHIEDER, Alex AGIUS SALIBA, Marc ANGEL, Biljana BORZAN

Proposal for a regulation
Recital 13

(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation ~~with the excep~~. The regulation of materials and articles intended to come into contact with food ~~insofar as risk~~are covered by this Regulation where aspects are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks. __________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

Amendment 181 #

Proposal for a regulation
Recital 13

(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation ~~with the excep~~. The regulation of materials and articles intended to come into contact with food i~~nsofar as risk~~s covered by the GPSR where aspects are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food- related risks. __________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

Amendment 182 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Barbara THALER, Ivan ŠTEFANEC

Proposal for a regulation
Recital 16

(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities like a garage sale do not fulfil the commercial activity requirement and should therefore be excluded from this legislation;

Amendment 183 #

Proposal for a regulation
Recital 16

(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are ~~presented as~~intended to be repaired or to be refurbished.

Amendment 184 #

Proposal for a regulation
Recital 18

(18) Services should not be covered by this Regulation. However, in order to secure the attainment of the protection of health and safety of consumers, products that are supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during a service provision, should fall within the scope of this Regulation. Equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this Regulation since it has to be dealt with in conjunction with the safety of the service provided.

Amendment 185 #

Proposal for a regulation
Recital 18 a (new)

(18 a) Free and open source software, where the source code is openly shared and users can freely access, use, modify and redistribute the software or modified versions thereof, can contribute to research and innovation. In order to avoid imposing obstacles to such market developments, this Regulation should also not apply to free and open source software, provided that it is not supplied in exchange for a price and that the consumer's personal data are exclusively used for improving the security, com-patibility or interoperability of the software.

Amendment 186 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Barbara THALER, Ivan ŠTEFANEC

Proposal for a regulation
Recital 18 b (new)

(18 b) The software embedded in a product, either preinstalled or installed subsequently within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, should be part of the risk assessment pertaining to the product safety, in due consideration of the technical and contractual conditions concerning the software at stake. Due account should be taken of the possibility for the free software community, large parts of it are volunteer-based, to produce software for the general public to use which can be integrated, in whole or in part, to products, including in view of improving the functioning of existing software, without automatically becoming subject to obligations designed for businesses providing digital content in a professional capacity.

Amendment 187 #

Proposal for a regulation
Recital 20

Amendment 188 #

Evelyne GEBHARDT, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Alex AGIUS SALIBA, Andreas SCHIEDER, Brando BENIFEI, Biljana BORZAN

Proposal for a regulation
Recital 20

(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or, changing its characteristics or causing software errors in programs. New technologies, such as through software updates, may substantially modify the original product, which should then be submitted to a new risk assessment.

Amendment 189 #

Maria-Manuel LEITÃO-MARQUES, Marc ANGEL, Adriana MALDONADO LÓPEZ

Proposal for a regulation
Recital 20

(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics. Dynamic products, such as those which learn from their interaction with the surrounding environment and change and adapt their behaviour, also should be taken into consideration.

Amendment 190 #

Marion WALSMANN, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 20

(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics. Where software updates may substantially modify the original product, a new risk assessment should be conducted.

Amendment 191 #

Proposal for a regulation
Recital 21

Amendment 192 #

Beata MAZUREK, Kosma ZŁOTOWSKI, Adam BIELAN, Eugen JURZYCA, Carlo FIDANZA

Proposal for a regulation
Recital 21

Amendment 193 #

Proposal for a regulation
Recital 21

(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. In order to protect consumers against these risks, these aspects should be included in the risk assessment made by manufacturers and market surveillance authorities before a product is placed on the market.

Amendment 194 #

Evelyne GEBHARDT, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Alex AGIUS SALIBA, Andreas SCHIEDER, Marc ANGEL, Biljana BORZAN

Proposal for a regulation
Recital 21

Amendment 195 #

Proposal for a regulation
Recital 21

Amendment 196 #

Beata MAZUREK, Kosma ZŁOTOWSKI, Adam BIELAN, Eugen JURZYCA, Carlo FIDANZA

Proposal for a regulation
Recital 22

(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. ~~However, it should be ensured, in case of gaps in~~Products which are complaint with [Regulation (EU) No 2022/30], or other Union legal acts applicable to the product in question, should be considered as being in compliance with this Regulation in regard to the cybersecurity requirements. However, it should be ensured that, in exceptional cases where the sectorial legislation~~, that~~ cannot be applied, the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.

Amendment 197 #

Beata MAZUREK, Kosma ZŁOTOWSKI, Adam BIELAN, Eugen JURZYCA, Carlo FIDANZA

Proposal for a regulation
Recital 23

(23) The safety of products should be assessed taking into account ~~all the relevant aspects, notably their characteristics and presentation as well as~~the characteristics of the product, including its composition, packaging, instructions, taking into account the nature of the product, for assembly, maintenance or commissioning; product appearance, labelling; warnings and instructions for its use and any other information made available to the consumer with regard to the product. Furthermore, the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.

Amendment 198 #

Evelyne GEBHARDT, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Andreas SCHIEDER, Alex AGIUS SALIBA, Marc ANGEL, Brando BENIFEI, Biljana BORZAN

Proposal for a regulation
Recital 23

(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities as well as gender specificities. Economic operators should avoid bias when assessing the safety of a product in order to reach a high level of safety for all consumer groups. This is why testing should be carried out with an equal involvement of all genders. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.

Amendment 199 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 23

(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.

Amendment 200 #

Proposal for a regulation
Recital 23 a (new)

(23 a) Digital items that are linked to a product are also products, even if they are not a tangible item and they should therefore fall under the scope of application of this Regulation.

Amendment 201 #

Proposal for a regulation
Recital 24

(24) Economic operators and online marketplaces should have obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers. All economic operators and online marketplaces intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process.

Amendment 202 #

Alessandra BASSO, Marco CAMPOMENOSI, Antonio Maria RINALDI, Markus BUCHHEIT, Jean-Lin LACAPELLE, Virginie JORON, Isabella TOVAGLIERI

Proposal for a regulation
Recital 24

(24) Economic operators should have obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers. All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. It should always be possible to hold an economic operator liable in the EU, even if the product is sold from a third-country seller.

Amendment 203 #

Proposal for a regulation
Recital 24 a (new)

(24 a) The indication of origin is a necessary supplement to the basic traceability requirements laid down in this Regulation concerning the name and address of the manufacturer. Furthermore, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted, in particular where its given address is different from the actual place of manufacture, where the name and address of the manufacturer is missing altogether or where the address was on the packaging that has been lost. Suchinformation can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow-up actions.

Amendment 204 #

Vlad-Marius BOTOŞ

Proposal for a regulation
Recital 24 a (new)

(24 a) It is important to ensure that the contact information of all economic operators intervening in the supply and distribution chain is easily accessible to consumers and market surveillance authorities and that products are accompanied with the relevant documentation. This Regulation should allow for the possibility to provide relevant information on the product in a paper or in a digital form, depending of the choice of the consumer, by means of electronic solutions, such as a QR or data matrix code, which could ensure that this information is available and accessible over time.

Amendment 205 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Barbara THALER, Ivan ŠTEFANEC

Proposal for a regulation
Recital 24 a (new)

(24 a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example, a direct channel to connect to experts in case of questions. The Commission might also consider simplifications in order to limit their administrative burden.

Amendment 206 #

Marion WALSMANN, Maria da Graça CARVALHO, Ivan ŠTEFANEC

Proposal for a regulation
Recital 24 b (new)

(24 b) The obligations of economic operators should be as less of an administrative burden as possible and some of the obligations should be limited to products with a potential serious risk. If digital consumer information tools are available, the economic operators should be allowed to make use of them to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.

Amendment 207 #

Proposal for a regulation
Recital 25

Amendment 208 #

Proposal for a regulation
Recital 25

Amendment 209 #

Proposal for a regulation
Recital 25 a (new)

(25 a) The economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 is not always available in the Union. This situation concerns, in particular, products that have been traded via online marketplaces and sent directly to consumers in the Union, without going through fulfilment centers. In such cases, market surveillance authorities cannot enforce measures against economic operators that have placed or made available unsafe products in the internal market. As a consequence, consumers do not always have the possibility to seek redress. In order to give consumers the possibility to exercise their right to access to remedies, online marketplaces that fail to comply with the obligations laid down in this Article or in Article 22 of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC should ensure adequate and proportionate remedies to consumers if the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 does not fulfil its obligations to provide such remedies.

Amendment 210 #

Evelyne GEBHARDT, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Andreas SCHIEDER, Alex AGIUS SALIBA, Marc ANGEL

Proposal for a regulation
Recital 25 b (new)

(25 b) If online marketplaces have complied with all the requirements laid down in this Regulation, they should not be required to provide remedies to consumers. However, if no economic operator is available for consumer redress, consumers can still seek compensation through ad-hoc national funds. Member States should allocate to their respective funds a proportion of each penalty collected pursuant to Article 40 of this Regulation to finance this fund.

Amendment 211 #

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They do not only facilitate transactions neutrally. Online marketplaces offer the placement of advertisements, comparison, advisory or reputational services. They act as a gateway: consumers would not have access to such products, services or traders without online marketplaces. For this reason, they must be given greater responsibility for the safety of products and consumers, including cases where other economic actors in the supply chain do not act. Depending on the concrete action they can act as manufacturer, authorized representative, importer, distributor or fulfilment service provider.

Amendment 212 #

Jordi CAÑAS

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. Online marketplaces may also enable the sale of products on the EU market for which no EU manufacturer, no importer or no other party based in the EU takes responsibility for the safety. For products sold by third-party sellers based outside the Union, through online intermediary service providers (such as online marketplaces), the online intermediaries enable targeting EU consumers.

Amendment 213 #

Christel SCHALDEMOSE

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. Online marketplaces may also enable the sale of products on the EU market for which no EU manufacturer, no importer or no other party based in the EU is liable for the safety of the product.

Amendment 214 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 26

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. They could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.

Amendment 215 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 27

(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the ~~responsibility and accountability~~duties of providers of intermediary services online with regard to illegal contents~~, including unsafe products. That~~. Lex specialis Article 20 of this Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation.in the Digital Services Act in order to effectively tackle the sale of dangerous products online __________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment 216 #

Evelyne GEBHARDT, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Andreas SCHIEDER, Alex AGIUS SALIBA, Marc ANGEL, Biljana BORZAN

Proposal for a regulation
Recital 27

(27) Given the important role played by online marketplaces when ~~intermediat~~enabling the sale and/or the promotion of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e- commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents, including unsafe products. That Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation. __________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment 217 #

Proposal for a regulation
Recital 27

(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility, liability and accountability of providers of intermediary services online with regard to illegal contents, including unsafe products. That Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation. __________________ 29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16. 30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment 218 #

Marion WALSMANN, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 28

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces ~~reduces its effectivenes~~has proven insufficient to effectively protect consumers and cannot ensure a level-playing field.

Amendment 219 #

Proposal for a regulation
Recital 28

Amendment 220 #

Evelyne GEBHARDT, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Andreas SCHIEDER, Alex AGIUS SALIBA, Marc ANGEL, Brando BENIFEI, Biljana BORZAN

Proposal for a regulation
Recital 28

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has prove~~d its rationale in enhancing~~n insufficient for the protection of consumers against dangerous products sold online. ~~Nonetheless, i~~Its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level- playing field..

Amendment 221 #

Marion WALSMANN, Maria da Graça CARVALHO, Arba KOKALARI, Ivan ŠTEFANEC

Proposal for a regulation
Recital 29

Amendment 222 #

Proposal for a regulation
Recital 30

(30) Moreover, for the purposes of effective market surveillance, online marketplaces should register in the Safety Gate portal and indicate, in the same portal, the information concerning their single contact points for the facilitation of communication of information on product safety issues. The single point of contact under this Regulation might be the same as the point of contact under [Article 10] of Regulation (EU) …/…[the Digital Services Act], without endangering the objective of treating issues linked to product safety in a swift and specific manner. Online marketplaces should check barcodes of new products offered for sale online through their services against the information on dangerous products notified by the market surveillance authorities in Safety Gate portal.

Amendment 223 #

Evelyne GEBHARDT, Andreas SCHIEDER, Maria-Manuel LEITÃO-MARQUES, Maria GRAPINI, Adriana MALDONADO LÓPEZ, Sylvie GUILLAUME, Alex AGIUS SALIBA, Marc ANGEL, Biljana BORZAN

Proposal for a regulation
Recital 32

(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, ensure to effectively prevent any manifestation of illegal activities on their marketplaces. Effective prevention should be reached by requiring marketplaces to conduct regular random check verifications on trader accounts and the products they offer, including visual inspections and mystery shopping exercises, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

Amendment 224 #

Christel SCHALDEMOSE

Proposal for a regulation
Recital 32

(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should~~, nonetheless,~~ expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

Amendment 225 #

Proposal for a regulation
Recital 32

(32) The obligations imposed by this Regulation on online marketplaces, including App stores, should n~~either~~ot amount to a general obligation to monitor the information which they transmit or store~~, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless,~~. Online marketplaces, should, nonetheless, be required to comply with specific obligations to effectively prevent the sale of dangerous products online. This includes an obligation to expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

Amendment 226 #