37 Amendments of Kim VAN SPARRENTAK related to 2019/2190(INI)
Amendment 20 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the precautionary principle should remain the guiding principle of the EU product safety legislation allowing competent authorities to take appropriate precautionary measures in case of serious doubt;
Amendment 26 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the General Safety Product directive was adopted back in 2001 and consumers’ purchasing habits changed consequently since according to the growing e-commerce sales rates;
Amendment 28 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas according to evidence gathered by consumer organisations further to a mystery -shopping performed in 2019 on online marketplaces, about two-third of the products purchased online were non-compliant or unsafe;
Amendment 46 #
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 market surveillance rules, including those for and uniformize market surveillance requirements for both harmonised and non-harmonised products, and make them fit for purpose in the digital age;
Amendment 49 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world to tackle emerging risks and threats for the safety to consumers and protect their financial interests, such as privacy and security, including cybersecurity; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and, robotics and 3D-printing 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 and other product- specific legislations such as the Toys Directive, while avoiding duplicating legislation and ensuring a consistent approach towards product safety;
Amendment 57 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that consumers' health and safety is put at risk through a very high number of dangerous products that freely circulate in the EU as safety rules on chemicals and other toxic substances in products are missing, not properly enforced ,or need to be reviewed for a stricter framework; therefore calls on the Commission to take additional regulatory measures to eliminate toxic chemicals and substances from consumer products which is a pre-condition for a safe circular economy;
Amendment 66 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is convinced that AI embedded into products can modify the naturpurpose of products throughout its life-cycle, and have an impact on their safety after they have been placed on the market, in particular as a result of updates or in the case of self-learning technology ; urges the Commission to consider whether ‘placing on the market’ as the decisive moment for the economic operator to guarantee the safety of the product is an approach still fit for purpose while continuous compliance along the lifespan of the product should be at the core of safety requirements for digital goods;
Amendment 72 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; is convinced that an EU-wide approach to AI, including a common definition but also quality-, transparency- and debiasing requirements, especially on the data sets used, is needed to avoid fragmentation of the internal market, which would undermine the trust of citizens and businesses, create legal uncertainty and weaken the EU’s economic competitiveness;
Amendment 82 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. EncouraUrges the Commission to develop measures, such as risk-basedmandatory assessment schemes and conformity assessment mechanisms as well as re-assessment procedures throughout the life-cycle of products, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can createensure compliance with safety rules as well as adequate support to market surveillances authorities to perform their duties;
Amendment 97 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 101 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime and set up mechanisms such as re-evaluation procedures to demonstrate continuous compliance with product safety rules in light of possible emerging risks; calls for human oversight and effective checks on high-risk AI products to ensure product safety;
Amendment 108 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that a regulatory framework on AI should follow a risk- based approach designed on clear and transparent criteria and set-up legal obligations according to the categories of products, based on the potential harm for the individual as well as for society at large, with increased obligations for high- risk products such as mandatory third- party conformity assessment schemes; Adds furthermore that human oversight should be the by-default option for such products;
Amendment 114 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operators to integrate safety and security mechanisms in emerging technologies, including self- repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products and patching, and ensure safety throughout their lifecycle, including end-of-life;
Amendment 117 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 125 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the lack of cybersecurity of connected devices can compromise product safety, and that this needs to be addressed in the revision of the relevant ruleby defining minimum mandatory requirements addressing privacy and security threats, including against cyberattacks, from design stage in the revision of the relevant rules, both at horizontal and sectoral levels;
Amendment 136 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed upHighlights that the EU Cybersecurity Act is one of the main tools to enhance cyber security at EU level but its efforts to develop a European cybersecurity certification schemebased on a voluntary certification scheme only; Calls on the Commission to come-up with a regulatory framework setting mandatory cybersecurity requirements for AI, IoT and robotics products , ands well as to create corresponding mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 144 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the use of third-party conformity assessment improves the safety and compliance of products with EU standards by providing independent, reliable and impartial procedures that should be reinforced, also through mandatory obligations, when reviewing the product safety legislation;
Amendment 146 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that market surveillance activities are central in making sure that only safe products are placed on the market and that discrepancies among Member States in implementing EU market surveillance legislation are disadvantageous for consumers and businesses, resulting in an unequal playing field and different level of product safety across the internal market; Calls therefore for specific measures such as uniform rules on checks and penalties;
Amendment 156 #
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 and develop joint actions among them, including at cross- border level, improve the efficiency and effectiveness of checks, and properly staff custom and market surveillance authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market;
Amendment 167 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping on a regular basis at leasf products representing significant percentages of each type of products placed on the market once a year, in particular for theregular basis; Adds that particular attention should be given to product categories most notified on the Safety Gate (Rapex) and take appropriate restrictive measures in case of risk;
Amendment 170 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that environmental and sustainability requirements in product- specific legislation are also part of the EU safety framework in order to avoid that consumers are exposed to harmful and toxic substances; Calls on the Member States to dedicate additional resources to implementation and enforcement of these requirements with the support from the Commission;
Amendment 182 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls; calls on market surveillance and customs authorities to undertake adequate checks on these products;
Amendment 188 #
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-related provisions in all bilateral trade agreements;
Amendment 193 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, market surveillance and, customs authorities so as to enable the swift transfer of information on unsafe products;and other relevant authorities dealing with safety aspects raised by emerging technologies, such as data protection and privacy, cybersecurity so as to enable the swift transfer of information on unsafe products and coordination of enforcement measures, such as checks and penalties; `
Amendment 203 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines that access to the relevant documentation is key for market surveillances activities to perform their activities and assess the compliance of products with relevant safety rules; Stresses that for AI-embedded products and connected devices, it is essential to provide access to market surveillance authorities to software documentation, data sets and algorithmic-decision making;
Amendment 204 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Reiterates its call for funding under the MFF Single Market Programme of activities to support and strengthen market surveillance authorities in their tasks across the internal market and ensure uniform enforcement of the rules;
Amendment 212 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. WelcoStresses that consumers should be offered equally safe products whether buying online or offline and while welcoming the Product Safety Pledge7 for online marketplaces, but highlights its voluntary character that demonstrated to be not sufficient in making sure that only safe products are placed on the market; calls on the Commission to evaluate the role marketplaces could play in limproviting the detecistribution of unsafe products, and to propose mandatory rules on their responsibility, taking into account the special role of SMEsobligations and responsibility as part of the Digital Services Act, the revision of GPSD and any other relevant legislation; __________________ 7Product Safety Pledge is a voluntary commitment made by online marketplaces with respect to the safety of non-food consumer products sold online by third party sellers from June 2018.
Amendment 220 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. EncouragesCalls on online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities a well as with consumer organisations when contacted by them to alert about a risk posed by a product by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines forestablish obligations requiring online marketplaces on how to react effectively to unsafe products and withdraw them within the 24 hours of a notification;
Amendment 227 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Asks online marketplaces tothe Commission and Member States to step up market surveillance for online marketplaces by developing and putting in place appropriate tools to do so, as well as enhance their cooperation via joint activities, 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 EU-wide tool for consumers to report unsafe products;
Amendment 232 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission and the Member States to oblige online marketplaces to create an interface with Rapex alerting them that a product has been notified in the system in order to ensure that products offered for sale are safe, and to introduce a link to Rapex on their websites so as to raise awareness about this platform;
Amendment 245 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackleban the appearance of advertisements for unsafe products;
Amendment 255 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers that standardisation work should take into consideration sustainability aspects when developing product standards in order to prevent the use of harmful and toxic substances posing a serious risk from the design stage to maintain a high-level of safety for consumers;
Amendment 270 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Asks the Commission to evaluate how distributed ledger technology and blockchain could enhance the safety of products by improving product traceability throughout the supply chain, including through their standardisation;
Amendment 272 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Highlights that many standards do not address how men and women may be impacted in different ways by standards which might lead for certain categories of products, such as protective equipment, to discrepancies in terms of safety; Welcomes the signature by over 50 standardisation bodies of the Declaration on Gender Responsive Standards and standards development to address this gender gap; and urges the Commission to include gender-mainstreaming aspects in its standardisation work;
Amendment 275 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that consumers respond poorly to recalls, and that unsafe products continue to be used even though they have been recalled; asks the Commission to publish guidelines on recall procedures, including a check list with concrete requirements, in order to increase the number of consumers reached, while taking into account that recalls can create considerable challenges for SMEs;
Amendment 280 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumersthat products are withdrawn swiftly from the online marketplace, at the latest within 24 hours, and recalled from consumers through legal obligations on adequate information and targeted contacts ;
Amendment 284 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the Commission and the Member States to enhance cross-border exchange of best practices on recalls, to increase product registration rates so that consumers affected can be more easily identified, even for cross-border purchases, and to enable economic operators to use data - such as loyalty schemes - to reach consumers without infringing GDPR rules;