17 Amendments of Ivan ŠTEFANEC related to 2017/0354(COD)
Amendment 65 #
Proposal for a regulation
Recital 16
Recital 16
(16) The producer, or the producer's representative, should be responsible for filling in the information in the mutual recognition declaration as the producer knows the goods best. However, the information that the goods are being made available to end users in the relevant Member State may be in the possession of an importer or a distributor, rather than the actual producer. It should therefore be permissible for another economic operator to fill in this information in place of the producer., provided that the economic operator takes the responsibility for the information filled into the mutual recognition declaration
Amendment 78 #
Proposal for a regulation
Recital 22
Recital 22
(22) Where produceeconomic operators decide not to make use of the mutual recognition declaration mechanism, it should be for the Member State to request the information that it considers necessary for the assessment of the goods, taking due account of the principle of proportionality.
Amendment 92 #
Proposal for a regulation
Recital 30
Recital 30
(30) Any administrative decision taken by competent authorities of Member States pursuant to this Regulation should specify the remedies available so that an economic operator can appeal the decision or bring proceedings before the competent national court or tribunal. The decision should also refer to the problem- solving procedure provided for in this Regulation.
Amendment 93 #
Proposal for a regulation
Recital 32
Recital 32
(32) The Internal Market Problem Solving Network (SOLVIT) is a service provided by the national administration in each Member State aiming to find solutions for citizens and businesses when their rights are breached by public authorities in another Member State. The principles governing the functioning of SOLVIT are set out in the Commission Recommendation 2013/461/EU27. Each Member State must ensure that a national SOLVIT centre is established and that adequate human and financial resources are available to guarantee that the SOLVIT centre takes part in the European SOLVIT network on the basis of the principles set out in the Recommendation 2013/461/EU. _________________ 27 Commission Recommendation 2013/461/EU of 17 September 2013 on the principles governing SOLVIT (OJ L 249, 19.9.2013, p. 10).
Amendment 99 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Where the Commission assesses an administrative decision, it is important for economic operators to be able to use such assessment if they bring proceedings before a national court or tribunal. Therefore, in the particular case of administrative decisions subject to this Regulation, bringing proceedings before a national court or tribunal should not prevent the economic operator from using SOLVIT.
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) 'legitimate public interest ground' means any of the grounds set out in Article 36 of the Treaty or any other overriding reasons of public interest as defined by the European Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty.
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Amendment 159 #
Proposal for a regulation
Article 4 – paragraph 8 – introductory part
Article 4 – paragraph 8 – introductory part
8. If a mutual recognition declaration is not supplied to a competent authority of the Member State of destination in accordance with the requirements of this Article, the competent authority may request any of thethe relevant economic operators to provide the following documentation and information in order to demonstrate for the purposes of an assessment under Article 5 that the goods are lawfully marketed in another Member State:
Amendment 163 #
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevant information concerning the characteristics of the goods or type of goods in question;
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevant information on the lawful marketing of the goods in another Member State;
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) any other information the competent authority considers useful for the purposes of its assessment.
Amendment 232 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission's opinion shall be consideredmmunicated to all parties involved in the case as well as to the Member States’ competent authorities responsible for market control activities by means of the system referred to in Article 11. The opinion shall be taken into account during the SOLVIT procedure referred to in paragraph 1.
Amendment 236 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 247 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. For the purpose of paragraph 1, the Commission shall establish a Coordination Group (the ‘Group’). The Group shall be composed of representatives from the competent authorities and the Product Contact Points of the Member States. Competent authorities shall be represented on the basis of the particular knowledge and experience required in accordance with the subject matter in question.
Amendment 258 #
Proposal for a regulation
Annex I – paragraph 1 – point 1 a (new)
Annex I – paragraph 1 – point 1 a (new)
1a. Name and address of the economic operator drawing up the mutual recognition declaration:
Amendment 260 #
Proposal for a regulation
Annex I – paragraph 1 – point 7 – paragraph 4
Annex I – paragraph 1 – point 7 – paragraph 4
And if another economic operator fills in point 5 :