33 Amendments of Lucy ANDERSON related to 2017/0353(COD)
Amendment 134 #
Proposal for a regulation
Recital 2
Recital 2
(2) Strengthening the Single Market for goods through further enhancing efforts to keep non-compliant products from being placed on the Union market was identified as a priority in the Communication from the Commission ‘Upgrading the Single Market: more opportunities for people and businesses’24 . This should be achieved by strengthening market surveillance, providing the right incclear, transparent and comprehentsive rules to economic operators, intensifying compliance controls and promoting closer cross-border cooperation among enforcement authorities, including through cooperation with customs authorities. _________________ 24 COM(2015) 550 final of 28 October 2015.
Amendment 150 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) While this Regulation does not deal with the protection of intellectual property rights, it should nevertheless be borne in mind that often counterfeit products do not comply with the requirements set out in the Union harmonisation legislation, pose serious risks to health and safety of end-users, distort competition, endanger public interests and support other illegal activities. Therefore Member States should continue taking effective measures in preventing the entry of counterfeit products to the Union’s market pursuant to Regulation (EU) 608/2013. In the interest of efficiency, customs authorities should be able to use their expertise and relevant information on risks, related to products infringing an intellectual property rights, also for the purpose of effective market surveillance of products entering the Union’s market pursuant to this Regulation.
Amendment 155 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Special attention should be given to a proliferation of 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. The Union regulatory framework should address the current security threats of such devices which can be hacked and therefore present new risks remotely. In the IoT and AI area, both the safety and security of the products are key to ensuring the safety of their users. In this regard, this Regulation should be fully consistent with the ENISA Regulation [2017/0225(COD)] and the Communication on Artificial Intelligence for Europe COM(2018)237.
Amendment 161 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Stricter traceability rules should be ensured to guarantee that products can be traced along the whole supply chain and unambiguously linked to the responsible person.
Amendment 171 #
Proposal for a regulation
Recital 42
Recital 42
(42) The Commission should carry out an evaluation of this Regulation against the objectives it pursues, also taking into consideration new technological, economic, commercial and legal developments and paying special attention to IoT and AI-enabled devices. Pursuant to point 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law Making59 , the evaluation, based on efficiency, effectiveness, relevance, coherence and value added, should provide the basis for impact assessments of options for further action. _________________ 59, including broadening a scope of this Regulation to non-harmonised products. _________________ 59 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 184 #
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’)consumer products.
Amendment 242 #
Information to economic operators and end users
Amendment 243 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
The Product Contact Points referred to in [Regulation (EC) No 764/2008 of the European Parliament and the Council / Regulation (EU)…. of the European Parliament and the Council] shall provide economic operators and end users, at their request and free of charge, with information with respect to the Union harmonisation legislation applicable to a product.
Amendment 268 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end-users for the carrying out, or financing, of joint activities aimed at identifying non-compliance or promoting compliance in specific geographical areas or with respect to specific categories of product. The possibility to enter into memoranda of understanding shall not lead to a shift in responsibilities as regards the duties of the person responsible for compliance under the meaning of article 4.
Amendment 275 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Market surveillance authorities shall establish appropriate communication and coordination mechanisms with other market surveillance authorities, such as customs authorities, in particular with regard to counterfeit products.
Amendment 286 #
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
Amendment 301 #
1a. Market surveillance authorities shall establish appropriate and effective communication and cooperation mechanisms with other market surveillance authorities and other relevant authorities within the Union. In particular, market surveillance authorities shall also develop appropriate and effective communication and cooperation mechanisms with customs authorities for the identification and examination of potential counterfeit products.
Amendment 317 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b a (new)
Article 12 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) the product does not conform to applicable requirements as regards the declaration of performance.
Amendment 320 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b b (new)
Article 12 – paragraph 3 – subparagraph 1 – point b b (new)
(ba) the product is a counterfeit.
Amendment 323 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
Amendment 443 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall ensure that administrative fees referred to in paragraph 2, charged by the market surveillance authorities, are used for financing further market surveillance activities of these authorities.
Amendment 462 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Products deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to be non-compliant by market surveillance authorities in another Member State, unless economic operators can provide clear evidence to the contrary. However, this shall not prevent relevant market surveillance authority of that Member State from starting its own investigation with regard to the product in question and adopt, if supported by clear evidence, adequate decisions. The Network, established under Article 31, shall discuss, without delay, diverging interpretations of the different Member States with regard to the same product.
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 518 #
Proposal for a regulation
Article 33 – paragraph –1 (new)
Article 33 – paragraph –1 (new)
-1. The Network shall have the following tasks: (a) to adopt a biennial work programme, which, inter alia, defines the priorities for common market surveillance actions, including the common actions with regard to the online market surveillance, and priority areas or categories of products; (b) to adopt rules of procedure for itself and for the functioning of the administrative coordination groups; (c) to update and regularly review a general risk assessment methodology and ensure a uniform application of that methodology; (d) to adopt sectorial guidelines for checks on the characteristic of products subject to this Regulation; (e) to define the uniform conditions of checks, criteria for determination of the frequency of checks or amount of samples to be checked in relation to certain products, as referred to in Article 15(1), in accordance with the priorities laid down in paragraph -1(a); (f) to facilitate the exchange of information on non-compliant products, recent scientific developments and new technologies, emerging risks and other aspects relevant to control activities; (g) to ensure the coordination and monitoring of the administrative coordination groups and their activities; (h) to assist, by request of a Member State, in the drawing up and implementation of the memoranda of understanding referred to in Article 8; (i) to facilitate an effective functioning of a peer evaluation system between market surveillance authorities and the Commission, as referred to in Article 12b, and to examine and monitor the results of those evaluations; (j) to analyse disputes between market surveillance authorities on the application of this Regulation, examine any other question in this regard and adopt guidelines, recommendations and best practices in order to encourage consistent application and uniform interpretation of this Regulation, including by creating a common methodology for defining and setting penalties; (k) to discuss how to ensure adequate ways of financing and recovery of costs of market surveillance in the Union and to propose the financing of activities provided for in Article 36; (l) to promote and facilitate collaboration with other relevant networks and groups, notably EU blockchain Observatory and Forum, with a view to explore possibilities on using new technologies, especially blockchain, for the purposes of market surveillance and traceability of products.
Amendment 526 #
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. This system should have a public interface with key information in all EU languages to inform consumers about the outcome of market surveillance. The Commission, single liaison offices, and authorities designated in accordance with Article 26(1) shall have access to that system.
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 538 #
Proposal for a regulation
Article 35 – paragraph 5 – introductory part
Article 35 – paragraph 5 – introductory part
5. Approval may only be granted to a third country under paragraph 3 following an audits within the Union and the relevant third country demonstrating that the following conditions are satisfied:
Amendment 539 #
Proposal for a regulation
Article 35 – paragraph 5 – point –a (new)
Article 35 – paragraph 5 – point –a (new)
(-a) the third country possesses an efficient verification system of the compliance of the products exported to the Union;
Amendment 541 #
Proposal for a regulation
Article 35 – paragraph 9
Article 35 – paragraph 9
9. The Commission shall regularly monitor the correct functioning of the approval and shall withdraw an approval granted under paragraph 3 where it is revealed that the products entering the Union market do not comply with Union harmonisation legislation in a significant number of instances. The Commission shall inform Member States and the affected third country.
Amendment 547 #
Proposal for a regulation
Article 61 – paragraph 2 – point a
Article 61 – paragraph 2 – point a
Amendment 552 #
Proposal for a regulation
Article 61 – paragraph 2 – point e
Article 61 – paragraph 2 – point e
(e) any relevant similar infringements previously committed by the economic operator.;
Amendment 553 #
Proposal for a regulation
Article 61 – paragraph 2 – point e a (new)
Article 61 – paragraph 2 – point e a (new)
(ea) the financial situation of small and medium-sized enterprises.
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 561 #
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 addtion, tThe evaluation shall be carried out, in particular, with a view to assessing the scope of this Regulation, as well as the effectiveness of the provisions of this Regulation with regard to Internet of Things and Artificial Intelligence enabled devices and in light of technological, economic and legal developments. 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.