Activities of Josef WEIDENHOLZER related to 2013/0048(COD)
Plenary speeches (2)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Amendments (20)
Amendment 84 #
Proposal for a regulation
Recital 27
Recital 27
(27) A European Market Surveillance Forum composed of representatives from market surveillance authorities should be established. The Forum should provide a means of involving all stakeholders concerned, including professional organisations and, above all, consumer organisations, in order to take advantage of available information relevant for market surveillance when establishing, implementing and updating market surveillance programmes.
Amendment 154 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. WThere appropriate, competent market surveillance authorities shall alert users in their territories within an adequate timeframe ofand, where appropriate, economic operators shall alert users as quickly as possible to products thatwhich those authorities or operators have identified as presenting a risk. ;
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 166 #
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) provide consumers and other interested parties with the opportunity to submit complaints on issues relating to product safety, market surveillance activities and risks arising in connection with products and follow up those complaints as appropriate and within a reasonable time frame;
Amendment 176 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Each Member State shall draw up a general market surveillance programme and shall review that programme, and update it if necessary, at least every four years. The programme shall cover market surveillance organisation and related activities and take into account the specific needs of business generally, and SMEs in particular,consumers when implementing Union harmonisation legislation and Regulation (EU) No […/…] [on consumer product safety], and provide for guidance and assistance for relevant operators. It shall include the following:
Amendment 207 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities learn or have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk, they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in Article 13.
Amendment 213 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Market surveillance authorities shall take due consideration of any readily available and objective test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other Member States.
Amendment 243 #
Proposal for a regulation
Article 9 – paragraph 4 – point d – point ii
Article 9 – paragraph 4 – point d – point ii
(ii) withdrawing or recalling the product and immediately alerting the public, in an appropriate form, to the risk presented;
Amendment 247 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Market surveillance authorities may destroy or otherwise render inoperable a product presenting a risk where they deem it necessary and proportionate. They may require the relevant economic operator to bear the cost of such ac cost of action taken by market surveillance authorities shall be borne by the relevant economic operator unless the market surveillance concerned regards that as disproportionate.
Amendment 258 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Market surveillance authorities shall publish information about product identification, the nature of a risk and the measures taken to prevent, reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the Union. This information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets, preserve personal data pursuant to national and Union legislation or avoid undermining monitoring and investigation activities.
Amendment 272 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 32(2) and with the recommendations of the committee referred to in Article 19(1), first paragraph, of Regulation (EU) No. ... of the European Parliament and of the Council of ... on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC*. __________________ * OJ: Please insert the number, date and reference details for the Consumer Product Safety Regulation (2013/0049(COD)).
Amendment 293 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The feasibility of obtaining higher levels of protection of the public interest concerned and the availability of other products presenting a lesser risk shall not be asufficient reason to consider that a product presents a risk.
Amendment 298 #
Proposal for a regulation
Article 13 – paragraph 4 e (new)
Article 13 – paragraph 4 e (new)
4e. At the request of a market surveillance authority or on its own initiative, the Commission may have risk assessments carried out by reference laboratories in accordance with Article 28. Those risk assessments shall be binding on all parties.
Amendment 322 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Participation in RAPEX shall be open to applicant countries, third countries or international organisations within the framework of and in accordance with agreements between the Union and those countries or organisations. Any such agreements shall be based on reciprocity and include provisions on confidentiality and personal-data protection corresponding to those applicable in the Union.
Amendment 337 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 – point c
Article 20 – paragraph 2 – subparagraph 1 – point c
(c) the data necessary to identify the productfor product identification and traceability;
Amendment 358 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission and Member States may exchange confidential information, including information exchanged through RAPEX, with regulatory authorities of third countries or international organisations with which the Commission and the Member State or group of Member States have concluded bilateral or multilateral confidentiality arrangements based on reciprocity. Where an exchange of information concerns personal data, Directive 95/46/EC shall apply.
Amendment 364 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Where, in an exchange of information, personal data are exchanged, Directive 95/46/EC shall apply.
Amendment 370 #
Proposal for a regulation
Article 27 – paragraph 1 – point j
Article 27 – paragraph 1 – point j
(j) to contribute to the development of guidance to ensure the effective and uniform implementation of this Regulation, taking due account of the interests of business, in particular small and medium- sized enterprises,consumers and other stakeholders;
Amendment 372 #
Proposal for a regulation
Article 27 – paragraph 1 – point k
Article 27 – paragraph 1 – point k
(k) to provide advice and assist the Commission, at itsMember States and the European Parliament, at their request, in itstheir assessment of any issue relating to the implementation of this Regulation;
Amendment 380 #
Proposal for a regulation
Article 28 – paragraph 2 – point -a (new)
Article 28 – paragraph 2 – point -a (new)
(-a) It shall be accredited and inspected by the Commission.