Activities of Ulla TØRNÆS related to 2014/0108(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on personal protective equipment
Amendments (9)
Amendment 140 #
Proposal for a regulation
Recital 4
Recital 4
(4) Since the scope, the essential health and safety requirements and conformity assessment procedures are to be identical in all the Member States there is almost no flexibility in transposing Directives based on the New Approach principles into national law. Directive 89/686/EEC should therefore be replaced by a Regulation, which is the appropriate legal instrument for imposing clear and detailed rules which do not give room for divergent transposition by Member States this should be done by applying a clear and target- based approach with the aim of improving safety at work and ensuring user protection.
Amendment 144 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to facilitate the understanding and uniform application of this Regulation, new definitions for ‘individually adapted PPE’ and ‘made-to-measure PPE’ should be introduced including clear definitions of the end-user of PPE and the conformity assessment procedures for these kinds of PPE should be adapted to the specific conditions of their manufacture. In the definition of "individually adapted PPE" and "made-to-measure PE" it should be clearly stated that the individualisation of PPE must have a material impact on the working environment and safety at work.
Amendment 153 #
Proposal for a regulation
Recital 16
Recital 16
(16) When placing PPE on the market, importers should indicate on the product their name and the address at which they can be contacted as well as indications of webpages on which the end-user of the PPE can access additional information on how to correctly use the PPE. Exceptions should be provided for in cases where the size or nature of the PPE does not allow for such an indication. This includes cases where the importer would have to open the packaging to put his name and address on the product.
Amendment 154 #
Proposal for a regulation
Recital 17
Recital 17
(17) Any economic operator that either places PPE on the market under its own name or trademark or modifies a product in such a way that compliance with the requirements of this Regulation may be affected ishould be considered to be the manufacturer and should assume the obligations of the manufacturer.
Amendment 157 #
Proposal for a regulation
Recital 18
Recital 18
(18) Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by competent national authorities, and shouldmust be prepared to participate actively, providing those authorities with all necessary information relating to the PPE concerned.
Amendment 167 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to take into account the progress of technical knowledge and new scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the list of PPE included in each category. It is of particular importance that the Commission carries out appropriate consultations and assesses the impact of its proposals during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 168 #
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should lay down rules on guidance, control and penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented bearing in mind that guidance is the best tool to avoid unintended mistakes by employers, manufacturers of PPE and end-users. Those penalties should be effective, proportionate and dissuasive.
Amendment 171 #
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Member States should establish, preferably through cooperation between the surveillance authorities and the social partners, a single point of contact in which the end-users of the PPE can report flaws and errors concerning the PPE. The surveillance authorities are obliged to react to the report from the end-users in a fast and efficient manner.
Amendment 236 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member States shall lay down the rules on guidance, control and penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. To avoid inaccurate use of the PPE and unintended flaws, Member States shall provide guidance on how to meet the requirements of this Regulation. Member States shall first and foremost provide the necessary guidance on how to meet the requirements of this Regulation. If, however, after receiving the necessary guidance the requirements are still not met, penalties shall be the next step. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [3 months prior to the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them.