34 Amendments of Biljana BORZAN related to 2019/2190(INI)
Amendment 1 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State,
Amendment 12 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the General Product Safety Directive dates back from 2001 when e-commerce, business models and consumers’ purchase habits were very different;
Amendment 13 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas a previous reform attempt of the General Product Safety Directive, presented by the European Commission in 2012 could not be successfully concluded so far;
Amendment 22 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas product safety by design and by default is fundamental because safety in the design phase can hugely impact the safety of products on the market;
Amendment 23 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the number of dangerous products notified through the European Safety Gate remains too high as do the sales of dangerous and non-compliant products in brick-and-mortar shops and on online market places, according to the evidence obtained by consumer organizations, to keep consumers safe in the EU internal market;
Amendment 29 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in the EU a high number of counterfeit goods were reported as dangerous and posed a serious risk to consumers health and safety;
Amendment 32 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas it is unacceptable that Union consumers are exposed to illegal and unsafe products, that go from containing dangerous chemicals to unsafe software and to other safety hazards;
Amendment 33 #
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas it is essential to ensure that consumers can really benefit from the internal market;
Amendment 34 #
Motion for a resolution
Recital B f (new)
Recital B f (new)
Bf. whereas the precautionary principle, as laid down in Article 191(2) TFEU and outlined inter alia in the Commission Communication of 2 February 2000entitled "On the precautionary principle", is important for the safety of products and consumers and should be taken into due account when laying down the criteria for assessing the safety of a product;
Amendment 35 #
Motion for a resolution
Recital B g (new)
Recital B g (new)
Bg. whereas applying the precautionary principle means that consumers will be given the benefit of the doubt and products, which might jeopardize their safety will be removed from the market faster;
Amendment 36 #
Motion for a resolution
Recital B h (new)
Recital B h (new)
Bh. whereas it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed, and therefore there is a need for a legislative framework of a horizontal nature to act as a safety net and ensure consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of health and safety of consumers, as required by Articles 114, 169 and 191 TFEU;
Amendment 42 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the precautionary principle should be the cornerstone of the GPSD revision;
Amendment 63 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD so that it reflects the complexity of emerging technologies, including AI, IoT and robotics embedded products, stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
Amendment 67 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is convinced that AI embedded into products can modify the nature of products, and have an impact on their safety after they have been placed on the market, in particular as a result of software updates or in the case of self-learning technology ; urges the Commission to consider whether ‘placing on the market’ as the decisive moment for the economic operator to guarantee the safety of the product is an approach still fit for purpose; , outlines that continued conformity, also after the installation of software updates, could be more fit for purpose in the digital age;
Amendment 77 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that AI systems, whether stand alone or embedded in the product, should use high quality and unbiased data sets, as well as explainable, unbiased, transparent and auditable algorithms, in order to be trustworthy and promote consumer protection;
Amendment 81 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. EStresses that an harmonised and commensurate risk-based assessment framework will not only be efficient from an administrative burdens point of view, but also in terms of enhancing consumer safety; encourages the Commission to develop measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, to ensure the safety and security by design or default of products with embedded emerging technologies,; and to provide support to SMEs to reduce the burdlso encourages the Commission to develop the risk-based assessment schemes in a way that ensures a consistent approach to the enforcement of product safety legislation; emphasizes that Member States must develop harmonised risk management such measures can createtrategies for AI in the context of their national market surveillance strategies;
Amendment 103 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effectivefor the development of effective and periodic checks on high- risk AI products to ensure product safety, by independent third parties, to ensure product safety and continued conformity with the Union’s Law;
Amendment 110 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software,software that can potentially endanger the safety of consumers, to raise awareness of safety problems of their products, and to ensure safety throughout their lifecycle;
Amendment 116 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Asks the Commission that in its efforts to develop a framework that promotes the decrease of planned obsolescence, takes into account how it can affect the compliance with product safety rules;
Amendment 118 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to enhancsure connectivity infrastructure, including 5G and/or IPV6, embeds security and privacy by design and by default, in order to improve the safety of connected products and consumers;
Amendment 140 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Asks the Commission to include in the review of the GPSD the clarification on how it is decided whether a consumer product which, although not foodstuff, resembles foodstuff and is likely to be confused with it, especially by young children, is safe or presents a risk; urges the Commission, by appropriately reviewing the GPSD, to repeal Council Directive 87/357/EEC, of 25 June 1987, on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers;
Amendment 145 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Asks the Commission to consider “child-appealing products", whose design, packaging and characteristics in any way resemble a toy or an object appealing to or intended for use by children, in order to assess their levels of risk and determine appropriate action to mitigate risk, in the context of the revision of the GPSD;
Amendment 160 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Encourages the enhancement of the cooperation among national authorities with powers related to product safety such as consumer protection authorities, data protection authorities, cybersecurity authorities, telecoms, market surveillance, and customs authorities to ensure proper enforcement of all consumer relevant aspects related to product safety and consumer rights;
Amendment 175 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls; calls on customs and market surveillance authorities to undertake adequate checks on these products; calls for an obligation for non- EU economic operators to establish an authorised representative in the EU internal market for all consumer products to facilitate accountability and enhance product safety and consumer protection; furthermore calls for online marketplaces to complementarily check whether their traders from outside the EU, which target European consumers, either have appointed an authorised representative or set up a branch in the EU; urges the Commission to consider online marketplaces liable for damages and guarantees, without prejudice to seek redress to the trader a posteriori, if it’s proven they failed to verify that obligation;
Amendment 187 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to cooperate with the regulatory authorities of third countries, to exchange market surveillance- related information on dangerous products with them, and to include provisions on market surveillance in all bilateraland enforcement in all EU trade agreements;
Amendment 210 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks for the Commission to apply to online marketplaces rules that cover all entities that offer products to consumers in the Union, including if they are established outside the Union in order to better tackle the sale of unsafe products;
Amendment 222 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. EncouragesCalls on online marketplaces to react as quickly as possible to notifications from Rapex, as well as to alerts from consumers and consumers' organisations, and to cooperate effectively and proactively with the Member States’ competent authorities by immediately withdrawing unsafe products, sharing relevant information about them and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
Amendment 225 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks the Commission to ensure that online marketplaces to enhance their cooperation between themselves and competent authorities, consult Rapex before placing products on their websites, remove products identified as unsafe by Rapex swiftly, exchange information on sellers that break the rules, take effective and dissuasive measures against them and their supply chain, andput in place a robust business user authentication in line with the “know your business customer” principle and product verification processes, and also develop an easily accessible tool for consumers to report unsafe products;
Amendment 243 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiringe online platforms to put in place effective and appropriate safeguards to tackle the appearance ofand promotion of unsafe products, including via advertisements for unsafe productmisleading guarantees and statements made by the suppliers or by customers;
Amendment 251 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the fact that the European standardisation programme for 2020 addresses the challenges emerging within the Digital Single Market, such as AI, IoT, protection of data, including health data, cybersecurity and automated mobility; asks the Commission to definerequest standards allowing the deployment ofto ensure the safe use of new and interoperable digital technologies to provide for safe EU-wide emerging technologon a uniform basis throughout the EU; calls on the Commission to request harmonised standards for those associated with legislation such as the Machinery Directive, the Radio Equipment Directive, the Toy Directive, when they are updated; also calls on the Commission and Member States to support the systematic participation of consumer associations in standardisation bodies;
Amendment 274 #
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 279 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Asks retailers, and online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumersthat products are withdrawn swiftly from online listings and from the shelve and oblige retailers and online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; also asks the Commission and Member States to require online marketplaces to verify the identity of their users, buyers and sellers, individuals and businesses, in order to be able to reach then, when recalls are necessary, as quickly as possible;
Amendment 285 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the Commission and the Member States to enhance cross-border exchange of best practices on recalls, to increase product registration rates so that consumers affected can be more easily identified, even for cross-border purchases, and to enable economic operators to use data - such as loyalty schemes - to reach consumers without infringing GDPR rules; calls on consumer associations to strengthen their cooperation with market surveillance authorities on recall procedures by showing the products identified as unsafe in Rapex on their websites;
Amendment 287 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission and the Member States to foresee a non-burdensomesimple and harmonised feedback report on recalls by economic operators to be submitted to the market surveillance authorities in order to assess the effectiveness of the recall;