35 Amendments of Laura AGEA related to 2017/0353(COD)
Amendment 138 #
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. 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 legislationall products marketed in the Union. This will ensure a uniform framework for market surveillance of those products at Union level.
Amendment 153 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Ensuring product identification and traceability throughout the entire supply chain will help to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability will thus ensure that consumers and economic operators obtain accurate information regarding unsafe products, which will enhance confidence in the market and avoid disrupting trade unnecessarily. Products should therefore bear information enabling them, their manufacturer and, where applicable, their importer to be identified. Manufacturers should also produce technical documentation regarding their products, for which they may choose the most appropriate and cost-efficient form, for example electronic form. Moreover, economic operators must be able to identify the operators who supplied them with a product and those to whom one of their products has been supplied.
Amendment 154 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) The indication of origin is additional to 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 if the manufacturer cannot be traced or if the address supplied is different from that of the actual place of manufacture. This information can facilitate the task of the market surveillance authorities in identifying the actual place of manufacture and makes it possible to contact the authorities of the country of origin in the framework of bilateral or multilateral cooperation on consumer product safety with a view to appropriate subsequent monitoring.
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules and procedures for the provision of compliance information about certain products that are the subject of Union acts harmonising the conditions for the marketing of those productson the compliance of products marketed in the European Union. It establishes a framework for cooperation with economic operators in relation to such products.
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It is intended to ensure that only safe and compliant products are placed on the market and also provides a framework for the market surveillance of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, protection of the environment and security.
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all products that are subject to the Union harmonisation legislation set out in the Annex to this Regulation (‘Union harmonisation legislation’)marketed in the European Union.
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The identity and contact details of the manufacturer and the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product, its packaging, the parcel or an accompanying document.
Amendment 231 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Traceability of products 1. The Commission may stipulate that economic operators should establish, or join, a traceability system for certain products, product groups and product categories they have placed on the market or made available there which may pose a serious risk to the safety and health of persons due to their specific characteristics or specific conditions of distribution or use. 2. The traceability system shall entail the collection and storage of electronic data enabling a product and the economic operators in the supply chain to be identified, as well as the placing on the product, its packaging or its accompanying documents of a unique barcode, hologram, chip or other data carrier enabling access to that data.
Amendment 234 #
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4b Indication of origin 1. Manufacturers and importers shall ensure that products 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. 2. For the purpose of identifying the country of origin referred to in paragraph 1, the non-preferential origin rules set out in Articles 60 to 63 of Regulation (EEC) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code shall apply. 3. Where the country of origin referred to in paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State.
Amendment 249 #
Proposal for a regulation
Article 7
Article 7
Amendment 274 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Consumers must be informed, through an online portal, of rights relating to non-compliant products which they have acquired, such as the right to obtain a replacement for a product or to receive compensation, the right of recourse and contacts from which all appropriate information can be obtained.
Amendment 280 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) procedures for monitoring any accidents or any harm to the health or safety of end-users which are suspected of having been caused by such products. The data collected on such accidents or harm should be stored in a European database developed by the Commission;
Amendment 293 #
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 and other resources, such as staffing resources, expertise, procedures and other arrangements for the proper performance of their duties.
Amendment 305 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Market surveillance authorities shall perform controls as part of their activities set out in paragraph 1, on a risk- based approach, taking into account the precautionary principle and, as a minimum, the following factors:
Amendment 341 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall 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, including market surveillance of products sold on line, and shall include all sectors and stages of the product supply chain, including imports and digital supply chains.
Amendment 346 #
Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ba) the sectors prioritised for the surveillance of products sold online, such as training of staff in online investigations, the establishment of contact points for cooperation with the largest sales platforms and social media, and cooperation with providers of services in return for payment;
Amendment 354 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall confer on their market surveillance authorities the powers of market surveillance, including the market surveillance of products sold online, investigation and enforcement necessary for the application of this Regulation and for the application of the Union harmonisation legislation set out in the Annex to this Regulation.
Amendment 375 #
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
(g) the power to purchase products as test purchases, including on line and under a cover identity, in order to detect non- compliance and obtain evidence;
Amendment 400 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory controls on the basis of a representative sample that takes due account of the priorities set by the Union Product Compliance Network .
Amendment 420 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Market surveillance authorities shall take measures without delay to recall or withdraw products which present a serious risk or to prohibit the making available of them on the market. They shall inform the Commission of such measures without delay, in accordance with Article 19.
Amendment 447 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. At the request of an applicant authority, the requested authority shall supply within 30 days any information that the requested authority deems relevant to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 451 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 453 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 470 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2 a (new)
Article 26 – paragraph 1 – subparagraph 2 a (new)
The Commission must ensure that the number of checks carried out and the checking techniques used in the Union are uniform at every customs office.
Amendment 472 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Products subject to Union harmonisation legislation that are to be placed under the customs procedure ‘release for free circulation’ shall be subject to controls performed by the authorities designated under paragraph 1. They shall perform those controls in a uniform manner at every point of entry into the Union on the basis of risk analysis in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.
Amendment 477 #
Proposal for a regulation
Article 26 – paragraph 7 – subparagraph 1 – point a a (new)
Article 26 – paragraph 7 – subparagraph 1 – point a a (new)
(aa) type of check carried out;
Amendment 479 #
Proposal for a regulation
Article 26 – paragraph 7 – subparagraph 2
Article 26 – paragraph 7 – subparagraph 2
The Commission shall draw up a report each year by 30 June, containing the information submitted by the Member States for the previous calendar year, including a comparative analysis of customs operations and enforcement procedures in force in the Member States. The report shall be published in the system referred to in Article 34.
Amendment 486 #
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) the identityname, registered trade name or registered trade mark and the contact details, including the postal address, of a person responsible for compliance information with respect to the product is not indicated or identifiable in accordance with Article 4(5);
Amendment 502 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Market surveillance authorities and the customs authorities shall exchange information on the type of customs checks performed, the status of the authorised economic operators and their record of compliance related to product safety. The information exchanged shall also be communicated, where appropriate, to the European Anti-Fraud Office (OLAF).
Amendment 514 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. The Commission mayust attend the meetings of the administrative coordination groups.
Amendment 515 #
Proposal for a regulation
Article 32 – paragraph 5 a (new)
Article 32 – paragraph 5 a (new)
5a. The Commission shall ensure that requirements relating to cooperation between surveillance authorities are complied with and that authorities take account of reports from stakeholders concerning cases of non- compliance.
Amendment 525 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Commission shall develop and maintain an information and communication system for the collection and storage of information, in a structured form, on issues relating to the enforcement of Union harmonisation legislation. The Commission, single liaison offices, and authorities designated in accordance with Article 26(1) shall have access to that system. The results of market surveillance checks, including detailed information on non-compliant products, the economic operators responsible and the penalties imposed, shall be published in a European database developed by the Commission.
Amendment 549 #
Proposal for a regulation
Article 61 – paragraph 2 – point a
Article 61 – paragraph 2 – point a
Amendment 560 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
By [31 December 2024] and every fivthree 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..
Amendment 563 #
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
The report shall assess whether this Regulation achieved its objectives, in particular with regard to reducing the number of non-compliant products on the Union market, ensuring effective and efficient enforcement of Union harmonisation legislation within the Union, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, whilst taking into account the impact on business and in particular on small and medium-sized enterprises. In addition, the evaluation should also assess the effectiveness of the market surveillance activities that receive Union financing in the light of the requirements of Union policies and legislation and the ability to ensure a high level of compliance and safety of related products and of products with integrated artificial intelligence systems.