17 Amendments of Maria GRAPINI related to 2017/0353(COD)
Amendment 137 #
Proposal for a regulation
Recital 4
Recital 4
(4) Directive 2001/95/EC of the European Parliament and of the Council25 lays down the general safety requirements for all consumer products and provides for specific obligations and powers of the Member States in relation to dangerous products as well as for the exchange of information to that effect through the Union Rapid Alert System for dangerous non-food products (RAPEX). Market surveillance authorities should have the possibility of taking the more specific measures available to them under that Directive. In order to achieve a higher level of safety, quality and reliability for consumer products, the mechanisms for exchanges of information and rapid intervention situations provided for in Directive 2001/95/EC and reinforced by Regulation (EC) No 765/2008 of the European Parliament and of the Council26 should be complemented to make them more effective. _________________ 25 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4). 26 Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 139 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should cover products that are subject to the Union harmonisation legislation listed in the Annex. The legislation listed in the Annex should cover all Union harmonisation legislation concerning manufactured products other than food, feed, medicinal products for human and veterinary use, living plants and animals, products of human origin and products of plants and animals relating directly to their future reproduction. This will ensure a uniform framework for market surveillance of those products at Union level and will increase consumer confidence in products on the market. Several instruments of Union harmonisation legislation on products need to be amended in consequence, in particular to remove references to certain provisions of Regulation (EC) No 765/2008. If new Union harmonisation legislation is adopted in the future, it will be for that legislation to provide whether this Regulation is also to apply to that legislation.
Amendment 149 #
Proposal for a regulation
Recital 13
Recital 13
(13) The development of e-commerce is also due to a great extent to the proliferation of information society service providers, normally through platforms and for remuneration, which offer intermediary services by storing third party content, but without exercising any control over such content, thus not acting on behalf of an economic operator. Removal of content regarding non-compliant products or where it is not feasible blocking access to non- compliant products offered through their services should be without prejudice to the rules laid down in Directive 2000/31/EC of the European Parliament and of the Council55. In particular, no general obligation should be imposed on service providers to monitor the information which they transmit or store, nor should a general obligation be imposed upon them to actively seek facts or circumstances indicating illegal activity. Furthermore, hosting service providers should not be held liable as long as they do not have actual knowledge of illegal activity or information and are not aware of the facts or circumstances from which the illegal activity or information is apparent, but do have a responsibility to take action on and report activities they know to be illegal. _________________ 55 Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.07.2000, p. 1).
Amendment 163 #
Proposal for a regulation
Recital 23
Recital 23
(23) Market surveillance authorities should be able to carry out the necessary on-site inspections, and should have the power to enter any premises, land or means of transport, that the economic operator uses for purposes relating to his trade, business, craft or profession, but must not do so wantonly and only when irregularities have been clearly identified.
Amendment 164 #
Proposal for a regulation
Recital 24
Recital 24
(24) Market surveillance authorities should be able to require any representative or member of staff of the economic operator concerned to give explanations or provide facts, information or documents relating to the subject matter of the on-site inspection, and to record the answers given by that representative or staff member, but only if the economic operator agrees to this and only in his presence.
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on the website or identifiable from information indicated on the product, its packaging, the parcel or an accompanying document.
Amendment 260 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 292 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that their market surveillance authorities and single liaison office have the necessary resources, including sufficient budgetary, financial and other resources, qualified staff and expertise, procedures and other arrangements for the proper performance of their duties.
Amendment 342 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall have the option to draw up a national market surveillance strategy, as a minimum, every 3 years. The strategy shall promote a consistent, comprehensive and integrated approach to market surveillance and enforcement of Union harmonisation legislation within the territory of the Member State and shall include all sectors and stages of the product supply chain, including imports and digital supply chains.
Amendment 407 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the market surveillance authorities of one Member State decide to withdraw a product manufactured in another Member State, they shall inform the economic operator concerned without dand end users immediatelay.
Amendment 474 #
Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Where, in relation to products subject to Union harmonisation legislation that are either in temporary storage or placed under a customs procedure other than release for free circulation, customs authorities at the first point of entry have reason to believe that those products are not compliant with applicable Union legislation or present a risk, they shall transmit all relevant information to the competent customs office of destination.
Amendment 475 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Where customs authorities of one Member State have reason to believe that potentially non-compliant product might be entering Union’s market in another Member State, they shall transmit, without delay, all relevant information to the competent customs offices of other Member States.
Amendment 491 #
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
(e) for any other reason, there is cause to believe that the product willdoes not comply with the requirements set out in the Union harmonisation legislation applicable to it when it is placed on the market or that it will poses a serious risk.
Amendment 504 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Where any non-compliance is identified in the course of controls described in the second subparagraph of paragraph 2, the market surveillance authorities shall suspend the favourable treatment provided for in paragraph 1 and the first subparagraph of paragraph 2. They shall inform the relevant customs authorities about the identified non- compliance and shall enter details of the non-compliance in the system referred to in Article 34.
Amendment 533 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. TIn order to improve the efficiency of market surveillance in the Union, the Commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations.
Amendment 556 #
Proposal for a regulation
Article 61 – paragraph 5 a (new)
Article 61 – paragraph 5 a (new)
5a. Member States shall ensure, also, that financial penalties imposed for infringements of Union harmonisation legislation are used for financing further market surveillance activities.
Amendment 559 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
By [31 December 20246] and every five years thereafter, the Commission shall shall carry out an evaluation of this Regulation against the objectives it pursues and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee..