5 Amendments of Jiří POSPÍŠIL related to 2017/0354(COD)
Amendment 51 #
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions always need to be duly justified, and respect the principle of proportionality must always be respected, regard being had to whether, and the competent authority has in fact madmust use the least restrictive decisionmeasures possible. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective.
Amendment 98 #
Proposal for a regulation
Recital 34
Recital 34
(34) However, where the SOLVIT's informal approach fails, and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle, the Commission should be empowered to look into the matter and provide an assessment to be taken into account byprovide an assessment that the competent national authorities shall take into account at the request of the SOLVIT centre. The Commission's opintervention should be subject toinclude a reasonable time-limit for the adoption of the recommended measures, in compliance with the European Code of Good Administrative Behaviour.
Amendment 112 #
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) the provision either prohibits the making available of goods, or a type of goods, on the domestic market in that Member State, or else it makes compliance with the provision compulsit leads or is likely to lead to similar effects if compliance is mandatory, de facto or de jure, whenever goods, or goods of a given type, are being made available on that market;
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 3 – point c – point i
Article 2 – paragraph 3 – point c – point i
(i) it lays down the characteristics required of those goods, or goods of that type, such as their levels of quality, performance or safety, or dimensions, including the requirements applicable to the goods or type of goods as regards the name under which they are sold, terminology, symbols, testing and test methods, packaging, marking or labelling, shape, size, weight, composition, presentation, language and conformity assessment procedures;
Amendment 230 #
Proposal for a regulation
Article 8 – paragraph 3 – point a (new)
Article 8 – paragraph 3 – point a (new)
(a) If, during the assessment referred to in paragraph 2, the Commission is informed by the relevant economic operator or competent authorities that the case has been resolved, it shall decide not to issue an opinion.