22 Amendments of Stanislav POLČÁK related to 2023/0124(COD)
Amendment 133 #
Proposal for a regulation
Recital 55
Recital 55
(55) Regulation (EC) No 648/2004 provided for a safeguard procedure allowing the Commission to examine the justification for a measure taken by a Member State against detergents and surfactants considered to constitute a risk or liable to constitute a risk. In order to increase transparency and to reduce processing time, it is necessary to improve the previous safeguard procedure, with the view to making it more efficient and drawing on the expertise available in Member States. The previous system should be replaced by a procedure under which interested parties are informed of measures intended to be taken with regard to detergents and surfactants presenting a risk to health or the environment. Market surveillance authorities should be allowed, in cooperation with the relevant economic operators, to act at an early stage in respect of such detergents and surfactants. The Commission should, by means of implementing acts and, given their special and technical nature, acting without the application of Regulation (EU) No 182/2011, determine whether a national measure in respect of a detergent or surfactant presenting a risk is justified, including in the light of the precautionary principle.
Amendment 134 #
Proposal for a regulation
Recital 56
Recital 56
(56) Experience with Regulation (EC) No 648/2004 has shown that detergents and surfactants which were compliant with the applicable requirements have in specific cases posed a risk to health or the environment. Provisions should be made to ensure that market surveillance authorities take action against any detergent or surfactant presenting a risk or liable to present a risk to health or the environment, even when compliant with the legal requirements. The Commission should, by means of implementing acts and, given their special and technical nature, acting without the application of Regulation (EU) No 182/2011, determine whether a national measure in respect of compliant detergents or surfactants which a Member State finds to pose a risk or liable to pose a risk to health and safety of persons or the environment is justified, including in the light of the precautionary principle.
Amendment 218 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Manufacturers that consider or have reason to believe that a detergent or surfactant which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where manufacturers consider or have reason to believe that a detergent or surfactant which they have placed on the market presents a risk or is liable to present a risk to health or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the detergent or surfactant available on the market to that effect, giving details, in particular, of any non- compliance and of any corrective measures taken.
Amendment 228 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where an importer considers or has reason to believe that a detergent or surfactant is not in conformity with this Regulation, the importer shall not place the detergent or surfactant on the market until it has been brought into conformity. Furthermore, where the detergent or surfactant presents a risk or is liable to present a risk to health or to the environment, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 230 #
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 232 #
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. Importers that consider or have reason to believe that a detergent or surfactant which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where importers consider or have reason to believe that a detergent or surfactant which they have placed on the market presents a risk or is liable to present a risk to health or the environment, they shall immediately inform the competent national authorities of the Member States in which they made the detergent or surfactant available on the market to that effect, giving details, in particular, of any non-compliance and of any corrective measures taken.
Amendment 238 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where a distributor considers or has reason to believe that a detergent or surfactant is not in conformity with this Regulation, the distributor shall not make the detergent or surfactant available on the market until it has been brought into conformity. Furthermore, where the detergent or surfactant presents a risk or is liable to present a risk to health or the environment, the distributor shall inform the manufacturer and, where relevant, the authorised representative or the importer to that effect as well as the market surveillance authorities.
Amendment 240 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 243 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Distributors that consider or have reason to believe that a detergent or a surfactant which they have made available on the market is not in conformity with this Regulation shall make sure that the corrective measures necessary to bring that detergent or surfactant into conformity, to withdraw it or to recall it, as appropriate, are taken. Furthermore, where distributors consider or have reason to believe that a detergent or surfactant which they have made available on the market presents a risk or is liable to present a risk to health or to the environment, they shall immediately inform the competent national authorities of the Member States in which they made the detergent or surfactant available on the market to that effect, giving details, in particular, of any non- compliance and of any corrective measures taken.
Amendment 248 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 262 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) on a physical label; and/or
Amendment 275 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the information on the digital label shall be easily searchable;
Amendment 278 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable,even in cases where the detergent or surfactant is made available through distance sales.
Amendment 282 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1 – introductory part
Article 17 – paragraph 5 – subparagraph 1 – introductory part
Economic operators providing a digital label shall provide the information exclusively present in the digital label by other means in any of the following cases:
Amendment 305 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The data carrier shall be clearly visible to the end-user before any purchase and to market surveillance authorities, including, where applicable,even in cases where the detergent or surfactant is made available through distance sales.
Amendment 317 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a detergent or surfactant presents a risk or is liable to present a risk to health or the environment, they shall carry out an evaluation in relation to the detergent or surfactant concerned covering all relevant requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 319 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where, in the course of the controls referred to in paragraph 1 or paragraph 2, the market surveillance authorities find that the detergent or surfactant does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operators to take all appropriate corrective action to bring the detergent or surfactant into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period which is commensurate with the nature of the risk referred to in paragraph 1, while taking into account the precautionary principle.
Amendment 320 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where the market surveillance authorities consider or have cause to consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the market surveillance authorities of other Member States of the results of the evaluation and of the actions which they have required the economic operator to take.
Amendment 321 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
Amendment 322 #
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
Amendment 323 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 22(3), (4), (5) and (5),6) objections are raised against a measure taken by a market surveillance authority, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the market surveillance authorities and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified or not.
Amendment 324 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where, having carried out an evaluation under Article 22(1), a market surveillance authority finds that although a detergent or surfactant is in compliance with this Regulation, it presents a risk or is liable to present a risk to health or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the detergent or surfactant concerned, when placed on the market, no longer presents that risk, to withdraw the detergent or surfactant from the market or to recall it, within a reasonable period which is commensurate with the nature of that risk, while taking into account the precautionary principle.