Activities of Amelia ANDERSDOTTER related to 2013/0049(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC
Amendments (12)
Amendment 26 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should apply to second hand products that re-enter the supply chain in the course of a commercial activity, except for those. It should not apply to second- hand products for which the consumer cannot reasonably expect that they fulfil state-of- the art safety standards, such as antique or resulting from transactions between private individuals.
Amendment 28 #
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics, composition and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled. The assessment shall take into account the precautionary principle.
Amendment 31 #
Proposal for a regulation
Recital 20
Recital 20
(20) 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 unsafe products, such as targeted recalls. Product identification and traceability thusfor the manufacturer, may ensure that consumers and economic operators obtain accurate information regarding unsafe 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. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 40 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such. This regulation shall not apply to private individuals' transactions.
Amendment 44 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘distributor’ means any natural or legal accountable person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market; it does not include private individuals transactions, acting on a non- business capacity;
Amendment 46 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Presumption of safetycompliance with general safety requirements
Amendment 51 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the characteristics of the product, including its composition, packaging, instructions for assembly and disassembly, where applicable, for installation and maintenance;
Amendment 58 #
Proposal for a regulation
Article 6 – paragraph 2 – point h a (new)
Article 6 – paragraph 2 – point h a (new)
(ha) the precautionary principle.
Amendment 89 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
(3a) The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the requirements of Article 8, Article 10, Article 11 and Article 14 of this regulation from which distributors of second-hand goods may be exempted, based on the low level of risk involved or the excessive burden they create on the economic activity of those smaller-scale operators.
Amendment 97 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For certain products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability for the manufacturer.
Amendment 98 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The system of traceability shall consist of the collection and storage of data by electronic means enabling the identification of the products and of the economic operators involved in its supply chain as well as of the placement of a data carrierappropriate means on the product, its packaging or accompanying documents for enabling access to that data.
Amendment 99 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) specifying the data which economic operators shall collect and store by means of the traceability system referred to in paragraph 2 and are necessary for ensuring product safety.