36 Amendments of Josef WEIDENHOLZER related to 2013/0049(COD)
Amendment 80 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 89 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Product safety also comprises protection of personal data and associated aspects (e.g. privacy by design).
Amendment 97 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential that all products made available on the European internal market should be safe in order to guarantee a high level of consumer protection. Ensuring product identification, indication of origin 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 thus 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. In this context, the Commission should establish a public product safety database, with due regard for the necessary confidentiality, in order to cultivate awareness of dangerous products internationally in the internal market. The Commission should make all relevant information available to consumer protection organisations, other experts and national authorities. 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 data is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 103 #
Proposal for a regulation
Recital 21
Recital 21
(21) Ensuring the traceability of a product throughout its life cycle and the use of tracking labels to determine the country of origin and the manufacturer responsible are very important and necessary. At the same time, the measures concerned should not result in a disproportionate administrative burden. The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, 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 or its given address is different from the actual place of manufacture. At the same time the indication of origin can help consumers to obtain information about the sustainability of a product with reference to social and ecological standards, as well as about general safety and quality. Such information 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. The Commission should therefore also play a more active role in coordinating the activities of European market surveillance authorities, customs authorities and other competent authorities of the Member States and third countries.
Amendment 110 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to maintain a high level of health and safety of consumers, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of products for which the name and address of the manufacturer and of the importer does not need to be indicated on the product itself due to the low level of risk related to such products, and in respect of the identification and traceability of products bearing a potential serious risk to health and safety. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, particularly involving consumer protection organisations. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 137 #
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 market in the course of a commercial activity, whether in return for payment or free of charge; it also includes all forms of distance selling;
Amendment 138 #
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 market; it also includes all forms of distance selling;
Amendment 155 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
In the absence of Union harmonisation legislation, European standards or health and safety requirements laid down in the law of the Member State where the product is made available on the market as referred to in points (a), (b) and (c) of Article 5, the following aspects shall be taken into account when assessing whether a product is safe, in particulara safety assessment shall be performed before the product is made available on the market, in accordance with the following criteria:
Amendment 157 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
These criteria should be taken into account by all economic operators during the whole production and value chain.
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute sufficient grounds for considering a product not to be safe.
Amendment 173 #
Proposal for a regulation
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) the requirements imposed pursuant to Article 16(1) in connection with a standardisation request;
Amendment 194 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers must indicate the country of origin of a product to ensure the traceability of a product within the supply chain. Manufacturers and importers shall ensure that all products – irrespective of whether they originate in the EU or in a third country – bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. Distributors must ensure that the country of origin has been indicated appropriately by the manufacturer or importer before they make a product available on the European internal market.
Amendment 197 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State on the 'made in …’ label. The name and address of the manufacturer should likewise be indicated on all products which are made available on the EU internal market.
Amendment 200 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. WhenBefore placing their products on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the general safety requirement laid down in Article 4.
Amendment 202 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 4, the relevant health and safety requirements of the harmonisation provisions of the Union and European standards and the health and safety requirements laid down in the legislation of the Member States where it is intended to make the product available.
Amendment 204 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. In order to identify the risks which may possibly be presented by a product, manufacturers shall perform appropriate procedures and shall ascertain the safety of the product and its compliance with the standards referred to in paragraph 2; the Commission shall be empowered to adopt delegated acts in accordance with Article 20 specifying the aspects to be examined by the manufacturer when analysing the possible risks, including the format of the analysis.
Amendment 213 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Proportionate to the possible risks of a product, manufacturers shall draw up a technical documentation. The technical documentation shall contain, as appropriate:
Amendment 219 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point b
Article 8 – paragraph 4 – subparagraph 1 – point b
(b) an analysis of the possible risks related to the product pursuant to [paragraph 2a]*and the solutions adopted to eliminate or mitigate such risks, including the outcome of any tests conducted by the manufacturer or by another party on his behalf; __________________ * Please insert the paragraph which corresponds to Amendment 16 concerning Article 8, paragraph 2a (new), by Josef Weidenholzer.
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 6
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 document accompanying the product. In this case, it should be recommended that consumers keep the information indicated on the packaging or on the document accompanying the product.
Amendment 245 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. In urgent cases or where the manufacturer fails to comply with this obligation, Member States shall require the manufacturer to take corrective measures pursuant to Article 9(3) of Regulation (EU) No [.../… of the European Parliament and of the Council of … concerning market surveillance of products]*. __________________ * Note to OJ: please insert the number, date and reference of the Regulation on MSP (COD 2013/0048).
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9a. As appropriate in the light of the potential risk posed by a product, manufacturers shall regularly obtain information both about the state of the art and technology and about rules and standards to be applied pursuant to Article 6(2).
Amendment 271 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Importers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, importers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. In urgent cases or where the manufacturer fails to comply with this obligation, Member States shall require the importer to take corrective measures pursuant to Article 9(3) of Regulation (EU) No [.../… of the European Parliament and of the Council of … concerning market surveillance of products]*. __________________ * Note to OJ: please insert the number, date and reference of the Regulation on MSP (COD 2013/0048).
Amendment 279 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. WhenBefore making a product available on the market, a distributor shall act with due care in relation to the requirements of this Regulation.
Amendment 295 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall make sure that the corrective action necessary to bring that product into conformity is taken, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or importer, as applicable as well as market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken. In urgent cases or where the distributor fails to comply with this obligation, Member States shall require the distributor to take corrective measures pursuant to Article 9(3) of Regulation (EU) No [.../… of the European Parliament and of the Council of … concerning market surveillance of products]*. __________________ * Note to OJ: please insert the number, date and reference of the Regulation on MSP (COD 2013/0048).
Amendment 303 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 305 #
Proposal for a regulation
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
At the request of the competent authority of a Member State concerning the conformity of a particular product, economic operators shall designate a person to act as a contact. This person may be identical to the person referred to in paragraph 1.
Amendment 306 #
Proposal for a regulation
Article 12 – paragraph -1 a (new)
Article 12 – paragraph -1 a (new)
Economic operators shall designate a general product safety officer and shall inform the competent authority of a Member State of the officer’s identity. Member States may adopt further provisions on this subject.
Amendment 308 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 317 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 323 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) any economic operator who has supplied them with the product; the nature and number of the products supplied and all traceability indications;
Amendment 325 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) any economic operator to whom they have supplied the producta product; the nature and number of the products supplied and all traceability indications.
Amendment 338 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
The Commission may request one or several European standardisation organisations to draft or identify a European standard, which aims at ensuring that products that conform to such standard or parts thereof comply with the general safety requirement laid down in Article 4. The Commission shall determine the requirements as to the content to be met by the requested European standard and a deadline for its adoption in accordance with a recommendation by the committee referred to in Article 19(1), first subparagraph.
Amendment 340 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The relevant European standardisation organisation shall indicate, within one month following receipt of the request referred to in paragraph 1, if it accepts it. If the standardisation organisation does not accept the request referred to in paragraph 1, the Commission may entrust the task to other appropriate operators.
Amendment 341 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Where the European standard satisfies both the requirements it aims to cover and the general safety requirement laid down in Article 4, and this is confirmed by the committee referred to in Article 19(1), first subparagraph, in accordance with Article 19(3), the Commission shall publish a reference to such European standard without delay in the Official Journal of the European Union.
Amendment 345 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the size of the undertakings and in particular to the situation of small and medium-sized enterprises. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. The penalties may also be increased in proportion to number and value and to the period for which a product has been made available on the market.
Amendment 352 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
However, for the purposes of Articles 16 and 17 of this Regulation the Commission shall be assisted by the Committee established by Regulation (EU) No 1025/2012. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. This shall be without prejudice to the competences referred to in Article 16(1) and (5).