20 Amendments of Constance LE GRIP related to 2013/0048(COD)
Amendment 67 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to guarantee the free movement of products within the Union, it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, fair trading practices, protection of consumers, protection of the environment, protection of intellectual property rights and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union goods market, both offline and online, can thrive. Rules are therefore necessary on physical and digital market surveillance and on controls of products entering the Union from third countries.
Amendment 69 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore integrate the provisions of Regulation 765/2008, Directive 2001/95/EC and several sector-specific acts of Union harmonisation legislation relating to market surveillance into a single regulation which covers products in both the harmonised and non-harmonised areas of the Union legislation, regardless whether they are traded online or offline and are intended for use, or are likely to be used, by consumers or professionals.
Amendment 70 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should establish a comprehensive framework for market surveillance in the Union. It should define the scope of the products covered and those excluded, impose an obligation on Member States to organise and carry out market surveillance, require Member States to appoint market surveillance authorities and to specify their powers and duties, and make Member States responsible for setting up general and sector-specific physical and digital market surveillance programmes.
Amendment 72 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order to make the entire market surveillance process transparent and easy to follow for both market surveillance authorities and economic operators, the Regulation should clearly set out the chronological steps of that process, from the moment when market surveillance authorities identify a product which they believe may present a risk, to the assessment of the risk presented, the corrective action to be taken by the relevant economic operator in the physical and digital markets within a specified period and the measures to be taken by market surveillance authorities themselves if economic operators do not comply or in cases of urgency.
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
(15) Market surveillance should be based on the assessment of the risk presented by a product taking all relevant data into account, and on a duty of care for all relevant economic operators, regardless of whether the products are traded online or offline. A product that is subject to Union harmonisation legislation which lays down essential requirements relating to protection of certain public interests should be presumed not to present a risk to those public interests if it complies with those essential requirements.
Amendment 79 #
Proposal for a regulation
Recital 18
Recital 18
(18) For the purposes of this Regulation risk assessment should be carried out to identify products which have the potential to affect adversely the public interests protected by [Regulation (EU) No xxxx (on consumer product safety)], sector- specific Union harmonisation legislation and other Union legislation on products that are subject to this Regulation. It should include, where available, data on risks that have materialised previously with respect to the product in question. Account should also be taken of any measures that may have been taken by the economic operators concerned, in keeping with their duty of care, to alleviate the risks. The particular potential vulnerability of consumers, as opposed to professional users, should be taken into account as should the increased vulnerability of certain categories of consumer such as children, the elderly or the disabled.
Amendment 80 #
Proposal for a regulation
Recital 21
Recital 21
(21) Market surveillance authorities should be given the power to destroy products, render them inoperable or order their destruction by the relevant economic operator, regardless of whether that operator trades online or offline, if they deem it necessary and proportionate to ensure that such goods cannot pose any further threats.
Amendment 91 #
Proposal for a regulation
Recital 41
Recital 41
(41) Since the objective of this Regulation, namely to ensure that products on the physical and digital markets covered by Union legislation fulfil the requirements providing a high level of protection of health and safety and other public interests while guaranteeing the functioning of the physical and digital internal markets by providing a framework for coherent market surveillance in the Union, cannot be sufficiently achieved by the Member States as the attainment of this objective requires a very high degree of cooperation, interaction and uniformity of operation among all of the competent authorities of all Member States, and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products available online or offline meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, fair trading practices, consumer protection, the environment, intellectual property rights, public security and other public interests.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union’s physical and digital markets in the course of a commercial activity, whether in return for payment or free of charge;
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘placing on the market’ means the first making available of a product on the Union’s physical and digital markets;
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘market surveillance’ means the activities carried out and measures taken by public authorities to ensure that products available online or offline do not endanger health, safety or any other aspect of public interest protection and, in the case of products falling within the scope of Union harmonisation legislation, that they comply with the requirements set out in that legislation;
Amendment 105 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘market surveillance authority’ means an authority of a Member State responsible for carrying out physical and digital market surveillance on its territory;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘Union harmonisation legislation’ means Union legislation harmonising the conditions for the marketing of producmaking products available on the online and offline markets;
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The implementation of market surveillance activities and external border controls shall be monitored by the Member States which shall report to the Commission every year on these activities and controls to the Commission every yearand on the control methods used. The information reported shall include statistics regarding the number of controls carried out and shall be communicated to all Member States. Member States may make a summary of the results accessible to the public.
Amendment 192 #
Proposal for a regulation
Article 8 – paragraph 2 c (new)
Article 8 – paragraph 2 c (new)
2c. All information supplied or made available to market surveillance authorities under this article shall be presented in a clear and legible manner.
Amendment 219 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – point b a (new)
Article 9 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the product or any presentation of the product bears, without authorisation, a trade mark that is identical or similar to the registered trade mark for this product, thereby preventing its authenticity or origin from being firmly established;
Amendment 245 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the identity of the relevant economic operator cannot be ascertained by the market surveillance authorities or where an economic operator has failed in its duty of care or has not taken the necessary corrective action pursuant to Article 9(3) within the period specified, market surveillance authorities shall take all necessary measures to deal with the risk presented by the product.
Amendment 252 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Prior to taking any measure under paragraph 1 in relation to an economic operator who has failed in his duty of care or has noto taken the necessary corrective action, market surveillance authorities shall allow him at least 10 days within which to be heard.
Amendment 302 #
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 2 – point b a (new)
Article 14 – paragraph 3 – subparagraph 2 – point b a (new)
(ba) the product or any presentation of the product bears, without authorisation, a trade mark that is identical or similar to the registered trade mark for this product, thereby preventing its authenticity or origin from being firmly established;