Activities of Pascal DURAND related to 2017/0354(COD)
Legal basis opinions (0)
Amendments (18)
Amendment 50 #
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the health and lives of persons, animals and plants, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision possible. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective.
Amendment 62 #
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a voluntary process of self- declaration, which should provide competent authorities with all necessaryessential information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent nationalshall not be a substitute for the competent authorities from' taking a decision restricting market access, on the condition that such a decision is proportionate and respects the mutual recognition principle and this Regulation.
Amendment 84 #
Proposal for a regulation
Recital 25
Recital 25
(25) While a competent authority is assessing goods before deciding whether or not it should deny or restrict market access, it should not be able to take decisions suspending market access, except where rapid intervention is requirin application of the precautionary principle. The power temporarily to suspend the placing of goods on the market should be used to prevent harm to the safety and health of users or, to prevent the goods being made available where the making available of such goods is generally prohibited on grounds of public morality or public security, including for example the prevention of crime, or for any other overriding reason of public interest.
Amendment 125 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The producer of goods, or goods of a given type, that are being or are to be made available on the domestic market in a Member State ('the Member State of destination') may draw up a non-binding declaration (a 'mutual recognition declaration') in order to demonstrate tonotify the competent authorities of the Member State of destination that the goods, or goods of that type, are lawfully marketed in another Member State.
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The mutual recognition declaration shall in no way constitute authorisation for the goods concerned to be made available on the market. The Member State's competent authority may proceed with an assessment of the goods in accordance with Article 5 of this Regulation.
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Economic operators shall be responsible for the content and accuracy of the information, including translated information, that they themselves provide in the mutual recognition declaration.
Amendment 149 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevantnecessary information concerning the characteristics of the goods or type of goods in question;
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevantnecessary information on the lawful marketing of the goods in another Member State;
Amendment 184 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, on completion of an assessment under paragraph 1, the competent authority of a Member State takes an administrative decision with respect to the goods, it shall communicate its decision within 20at the earliest possible date, and within no more than 15 working days, to the relevant economic operator referred to in paragraph 1, to the Commission and to the other Member States. Notification to the Commission and to the other Member States shall be done by means of the system referred to in Article 11.
Amendment 201 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. While the competent authority of a Member State is carrying out an assessment of goods pursuant to Article 5, it shall notmay temporarily suspend the making available of those goods on the domestic market in that Member State, exceptin application of the precautionary principle, in one or the other of the following situations:
Amendment 208 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the making available of the goods, or goods of that type, on the domestic market in that Member State is generally prohibited in that Member State on grounds of public morality or public security or for any other overriding reason of public interest.
Amendment 223 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall, within three months ofon receipt of the request referred to in paragraph 1, enter into communication at the earliest possible date with the relevant economic operator or operators and the competent authorities who took the administrative decision in order to assess the compatibility of the administrative decision with the principle of mutual recognition and this Regulation.
Amendment 228 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Following completion of its assessment, the Commission mayshall, within no more than 10 weeks, issue an opinion identifying concerns that should, in its view, be addressed in the SOLVIT case and, where appropriate, making recommendations to assist in solving the case.
Amendment 237 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
Member States shall notify the Commission of the designated Product Contact Points on their territory.
Amendment 248 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For the purposes of Articles 5, 6, and 10, the Union information and communication support system set out in [Regulation on compliance and enforcement] shall be used, except as provided in Article 7. The decisions taken pursuant to Article 6 shall be publicised.
Amendment 252 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Union mayshall finance the following activities in support of this Regulation:
Amendment 255 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By (…), and every fivthree years thereafter, the Commission shall carry out an evaluation of this Regulation against the objectives it pursues and shall submit a report thereon to the European Parliament, to the Council and to the European Economic and Social Committee.