41 Amendments of Nicola CAPUTO related to 2017/0353(COD)
Amendment 37 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products and Member States’ legislation on products, and amending Regulations (EU) No 305/2011, (EU) No 528/2012, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426 and (EU) 2017/1369 of the European Parliament and of the Council, and Directives 2004/42/EC, 2009/48/EC, 2010/35/EU, 2013/29/EU, 2013/53/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, 2014/68/EU and 2014/90/EU of the European Parliament and of the Council (Text with EEA relevance) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes.)
Amendment 40 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should cover all products that are subject to the Union harmonisation legislation listed in the Annex. The legislation listed in the Annex should cover all Union harmonisationas well as to Member States’ 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 dir products. Therefore, this Regulation should cover all products subjectly to their future reproduction. This will ensure a uniform framework for market surveillance of those products at Union levelharmonised and non-harmonised areas of Union legislation. 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.(This amendment applies throughout the text. Adopting it will necessitate corresponding changes.)
Amendment 43 #
Proposal for a regulation
Recital 7
Recital 7
(7) Safety of consumers largely depends on the active enforcement of Union harmonisation legislation on products providing for safety requirements. It is therefore necessary to strengthen enforcement measures, including with regard to the products that are offered for sale online to end-users within the Union. These measures should be continuously improved and increasingly effective with a view to meeting the current challenges of a global market and an increasingly complex supply chain.
Amendment 44 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Special attention should be given to Internet of Things (IoT) and the increasing number of Artificial Intelligence (AI) enabled devices, taking into account that consumers are increasingly using connected devices in their daily lives without knowing the security threats these devices can represent and the remote risks that exist. The Union regulatory framework should therefore address these issues to ensure a better protection of consumers.
Amendment 56 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) The level of penalties applicable to infringements of the provisions of this Regulation that impose obligations on economic operators and to infringements of provisions of any Union and Member States’ legislation on products that impose obligations on economic operators should be stepped up in order to efficiently deter the placement of non-compliant products on the market.
Amendment 57 #
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 certainaims to protect the health, safety and security of European consumers as well as the environment, and provides procedures to ensure that only safe and compliant products shall be made available to European consumers. This Regulation applies to all products that are the subject ofto the Union acts harmonising the conditions for the marketingation legislation and to all products subject to Member States’ legislation which are made available ofn those products.e Union market; It establishes a framework for cooperation with economic operators in relation to such products. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes.)
Amendment 58 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 60 #
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’).and to all products subject to Member States’ legislation which are made available on the Union market. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes.)
Amendment 68 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements under Union harmonisation legislation and do not endanger health, and safety in general, health and safety in the workplace, the protection of consumers, public safety or any other aspect of public interest protection;
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘non-compliance’ means any failure to comply with any of the requirements under the Union harmonisation legislation or to Member States ‘ legislation applicable to the product in question; (This amendments applies throughout the text. Adopting it will necessitate corresponding changes.)
Amendment 74 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘serious risk’ means any serious risk, including a serious risk where the effects are not immediate, requiring rapid intervention by the market surveillance authorities, in accordance with the precautionary principle;
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 100 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Where Union harmonisation legislation provides for the drawing up of an EU declaration of conformity, manufacturers including those from third countries, or importers, shall make the declaration publicly available on their website or, in the absence of a website, by any other means that allows the declaration to be readily accessed by the general public in the Union free of charge.
Amendment 102 #
Proposal for a regulation
Article 7
Article 7
Amendment 107 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A market surveillance authority may use any information resulting from activities carried out or financed by other parties to a memorandum of understanding entered into by it under paragraph 1 as part of any investigation undertaken by it into non-compliance, but only if the activity in question was carried out independently, impartially and without bias. Information on how products have been tested and the results of such tests shall be made publicly available.
Amendment 111 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Market surveillance authorities shall establish the following procedures in connection with products subject to the Union harmonisation legislation set out in the Annexis Regulation:
Amendment 113 #
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 or security of end-users which are suspected of having been caused by such products;
Amendment 114 #
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
(d a) procedures for collecting and exploring scientific and technical knowledge concerning safety issues, impacting in particular health and environmental protection.
Amendment 115 #
4. The Commission shall adopt in cooperation with the Member states, operational rules, including regarding human and financial resources, expertise and procedures, for the Member States to set up effective liaison offices. Member States shall ensure accordingly that their market surveillance authorities and single liaison office have the necessary resources, including sufficient budgetary and other resources, expertise, procedures and other arrangements for the proper performance of their duties.
Amendment 118 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the effective surveillance of the market within their territory with respect to any products that are subject to the Union harmonisation legislation set out in the AnnexUnion legislation on products;
Amendment 122 #
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 126 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point a
Article 12 – paragraph 3 – subparagraph 1 – point a
(a) the product is liable to compromise the health or safe, safety or security of end-users;
Amendment 127 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point a a (new)
Article 12 – paragraph 3 – subparagraph 1 – point a a (new)
(a a) the product is liable to pollute or endanger the environment;
Amendment 133 #
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, in view of the rapid market evolutions and new emerging risks. 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 137 #
Proposal for a regulation
Article 13 – paragraph 2 – point f a (new)
Article 13 – paragraph 2 – point f a (new)
(f a) an assessment of new risks for consumers related to products which can connect to the internet and endanger consumers security;
Amendment 139 #
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the power to take temporary measureand/or final measures regarding unsafe or non- compliant products, where there are no other effective means available to prevent a serious risk, including in particular temporary measures requiring hosting service providers to remove, disable or restrict access to content or to suspend or restrict access to a website, service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time;
Amendment 145 #
Proposal for a regulation
Article 14 – paragraph 3 – point n
Article 14 – paragraph 3 – point n
(n) the power to publish any final decisions, final measures, commitments given by the economic operator or decisions taken or made pursuant to this Regulation, including the publication of the identity of the economic operator who was responsible for the non-compliance and the terms stating how the economic operator will have to compensate the loss or damage endured by consumers.
Amendment 150 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Market surveillance authorities shall exercise their powers in accordance with the precautionary principle and the principle of proportionality.
Amendment 151 #
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, with a minimum of 20% checks performed on products placed on the market, in accordance with the priorities determined by the compliance network and the common methodology defined by the Commission, by means of documentary checks and, where appropriate, physical and laboratory controls on the basis of a representative sample.
Amendment 153 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The decision whether or not a product presents a serious risk shall be based on an appropriate risk assessment which takes account of the nature of the hazard and, the likelihood of its occurrence and the precautionary principle. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk.
Amendment 156 #
Proposal for a regulation
Article 20 – paragraph 4 – point e a (new)
Article 20 – paragraph 4 – point e a (new)
(e a) act as a knowledge hub on risks and emerging risks for consumers and the environment stemming from harmful chemicals;
Amendment 157 #
Proposal for a regulation
Article 20 – paragraph 4 – point e b (new)
Article 20 – paragraph 4 – point e b (new)
(e b) act as a knowledge hub on new risks for consumers related to products which can connect to the internet;
Amendment 162 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Market surveillance authorities mayshall charge economic operators administrative fees in relation to instances of non- compliance by that economic operator in order to enable the authorities to recover the costs of their activities with respect to these instances of non- compliance. Those costs may include the costs of carrying out testing for the purposes of a risk assessment, the costs of taking measures in accordance with Article 30(1) and (2) and the costs of their activities relating to products that are found to be non- compliant and subject to corrective action prior to their release for free circulation.
Amendment 167 #
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(a a) to monitor the activities of market surveillance and customs authorities in order to ensure that there is an equal and stringent level of controls of harmonised and non-harmonised products in the different Member States;
Amendment 168 #
Proposal for a regulation
Article 33 – paragraph 1 – point a b (new)
Article 33 – paragraph 1 – point a b (new)
(a b) to define a common testing methodology in order to ensure there is uniformity in the controls carried out by Member States;
Amendment 169 #
Proposal for a regulation
Article 33 – paragraph 1 – point f
Article 33 – paragraph 1 – point f
(f) to organise cooperation and facilitate the effective and regular exchange of information and best practices between market surveillance authoritieMember States as well as between market surveillance authorities, and between Member States and relevant stakeholders;
Amendment 170 #
Proposal for a regulation
Article 33 – paragraph 1 – point m a (new)
Article 33 – paragraph 1 – point m a (new)
(m a) to set up procedures for the provision of a pan-European database for the collection of data regarding accidents, harm or damages caused to the health, safety and/or security of end-users or to the environment, and to make the information provided in that database readily accessible to all relevant stakeholders;
Amendment 173 #
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
Article 61 – paragraph 1 – subparagraph 1
The Commission, together with Member States, shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation that impose obligations on economic operators and to infringements of provisions of any Union harmonisation legislation on products covered by this Regulation that impose obligations on economic operators where that legislation does not provide for penalties, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The Commission shall also lay down the operational rules for Member States to take temporary measures and corrective actions regarding non-compliant products and/or non compliant economic operators in order to speedily protect consumers when facing a risk.
Amendment 174 #
Proposal for a regulation
Article 61 – paragraph 2 – point a
Article 61 – paragraph 2 – point a
Amendment 175 #
Proposal for a regulation
Article 61 – paragraph 2 – point b
Article 61 – paragraph 2 – point b
(b) the nature, gravity and duration of the non-compliance taking into account the harm caused to end-users, to the environment, to social and economic interests;
Amendment 176 #
Proposal for a regulation
Article 61 – paragraph 2 – point e a (new)
Article 61 – paragraph 2 – point e a (new)
(e a) the financial situation of small and medium-sized enterprises;