20 Amendments of Jordi CAÑAS related to 2019/2190(INI)
Amendment 2 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act),
Amendment 45 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update and establish aligned market surveillance rules, including those for for offline and online, for both harmonized and non-harmoniszed products, and make them fit for purpose in the digital age;
Amendment 52 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital worldnew market realities and the imperatives of the green and digital transition; asks the Commission to address the challenges of emerging technologies such as 3D-printingartificial intelligence (AI), the internet of things (IoT) and, robotics and others in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation;
Amendment 58 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD in coordination with potential revision of other legislative frameworks such as the Product Liability Directive (PLD), so that it reflects the complexity of emerging technologies, including stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
Amendment 76 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the Commission should screen the existing AI standards in place and consult with businesses and other stakeholders to understand which new standards are needed, should carry out a periodic assessment of the European regulatory framework related to AI in order to ensure the product safety, consumer and data protection;
Amendment 86 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. EncourageAsks the Commission to assess the feasibility of developing measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, tothat ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can creat; underlines that products with embedded emerging technologies such as AI may evolve with the time via updates and self- learning processes and that these measures that apply only at the time of the placing of the product on the market may therefore not be fit for purpose;
Amendment 94 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. underlines that European SMEs must not be adversely affected by obligations and rules on product safety that may entail a disproportionate burden, and calls the Commission to support them and to explore solutions that ensure a stable, predictable and properly regulated environment in which SMEs can conduct their businesses and keep their competitiveness in the European Single Market;
Amendment 95 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the fact that the connectivity of products can lead to new safety and security risks; urges the Commission to thoroughly reassess the potential risks of connected products and adapt the application of conformity assessment modules for those products with a substantially increased risk level;
Amendment 100 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to evaluate, in case of a necessary reassessment of products, whether more flexibility could be considered for low-risk products for the purposes oftake into account the 'think small first' principle when assessing the feasibility of such measures; considers that such measures should take due account of the need to provide support to SMEs to reduce the burden these measures can create; urges the Commission to use the existing legal framework for low-risk products and allow for the least stringent conformity assessment schemes to be used in order to reduce the administrative burden and facilitate product refurbishment;
Amendment 115 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure and improve safety throughout their lifecycle;
Amendment 123 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights that the risks derived from software updates, faulty data and loss of connectivity of emerging digital technologies can result in risks safety and health damages and urges the Commission to update the current legislation in order to address those risks;
Amendment 147 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market; calls on the Commission and Market Surveillance authorities (MSAs) to specifically identify unsafe products as also including counterfeit products in the RAPEX system, in order to help get a better and clearer picture of this concerning counterfeiting phenomenon and consequently better protect the health and safety of EU consumers, in particular the categories of consumers which can be particularly vulnerable, such as children and the elderly;
Amendment 159 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that the introduction of counterfeit products resulting from failures in market surveillance has also negative implications for many other policy areas that are important for EU citizens, such as intellectual property protection, which are of great economic and cultural value, and urges the Commission to effectively enforce the implementation of the customs legislation and harmonise customs controls throughout the EU;
Amendment 162 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Stresses that the large amount of divergences in the level and quality of controls of products from third countries, and differences in customs procedures and sanctions policies at the EU’s points of entry into the Customs Union often result, not only in trade flows’ distortions, but also in large health and safety risks for consumers in the European single market; underlines that a coordinated and harmonised approach is of vital importance in view of ensuring an uninterrupted flow of supplies of goods in all Member States, in order to address any possible shortages in an efficient and speedy manner, whilst respecting a high standard of security checks that can detect and prevent sanitary, phytosanitary and biologic risks from third country imports; insists that the Commission ensures that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity;
Amendment 189 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to cooperate with the regulatory authorities of third countries, to exchange market surveillance- related information on dangerous products with them, and to include market surveillance in all bilateralFree trade agreements;
Amendment 190 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Asks the Commission to explore the option, that suppliers, which are established in a third country, have to designate a legal representative, established in the Union, who can beheld accountable for the selling of products, to European consumers, which do not comply with Union rules of safety;
Amendment 208 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges the Commission to further harmonise the methodology and criteria for assessing risks in all Member States in order to ensure a level playing field for all economic operators;
Amendment 219 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. EncouragesNotes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, an increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market, therefore urges the Commission to establish regulations in order to ensure the cooperation of the online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
Amendment 228 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks onlinStresses that the Commission should establish clear guide lines for the marketplaces to enhance their cooperation, consult Rapex before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible tool for consumers to report unsafe products;
Amendment 283 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Urges the Commission to develop legislation obliging online marketplaces, given their direct communication with consumers, to inform consumers in case they bought an unsafe or otherwise non- compliant product from their online marketplace;