155 Amendments of Kim VAN SPARRENTAK related to 2021/0170(COD)
Amendment 169 #
Proposal for a regulation
Recital 6
Recital 6
(6) Despite the development of sector- specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a broad-based legislative framework of a horizontal nature to fill gaps and, in particular pending revision of the existing sector-specific Union harmonisation legislation, and to complement provisions in existing or forthcoming existing sector-specific Union harmonisation legislation, to ensure consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the Treaty.
Amendment 171 #
Proposal for a regulation
Recital 8
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not coverspecifically regulated by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of distant sales and accidents, the right of information and remedy for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 174 #
Proposal for a regulation
Recital 9
Recital 9
(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should limitfocus their controls ton the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls.
Amendment 179 #
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers, but also in a risk to the health and safety of the public. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 180 #
Proposal for a regulation
Recital 13
Recital 13
(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation with the excep. The regulation of materials and articles intended to come into contact with food insofar as riskare covered by this Regulation where aspects are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks. __________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).
Amendment 183 #
Proposal for a regulation
Recital 16
Recital 16
(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented asintended to be repaired or to be refurbished.
Amendment 184 #
Proposal for a regulation
Recital 18
Recital 18
(18) Services should not be covered by this Regulation. However, in order to secure the attainment of the protection of health and safety of consumers, products that are supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during a service provision, should fall within the scope of this Regulation. Equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this Regulation since it has to be dealt with in conjunction with the safety of the service provided.
Amendment 185 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Free and open source software, where the source code is openly shared and users can freely access, use, modify and redistribute the software or modified versions thereof, can contribute to research and innovation. In order to avoid imposing obstacles to such market developments, this Regulation should also not apply to free and open source software, provided that it is not supplied in exchange for a price and that the consumer's personal data are exclusively used for improving the security, com-patibility or interoperability of the software.
Amendment 186 #
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18 b) The software embedded in a product, either preinstalled or installed subsequently within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, should be part of the risk assessment pertaining to the product safety, in due consideration of the technical and contractual conditions concerning the software at stake. Due account should be taken of the possibility for the free software community, large parts of it are volunteer-based, to produce software for the general public to use which can be integrated, in whole or in part, to products, including in view of improving the functioning of existing software, without automatically becoming subject to obligations designed for businesses providing digital content in a professional capacity.
Amendment 190 #
Proposal for a regulation
Recital 20
Recital 20
(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics. Where software updates may substantially modify the original product, a new risk assessment should be conducted.
Amendment 194 #
Proposal for a regulation
Recital 21
Recital 21
(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. Therefore, these aspects need to be taken into account when assessing whether a product is safe, notably in view of assessing the evolution of immaterial harm related to connected products.
Amendment 199 #
Proposal for a regulation
Recital 23
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
Amendment 201 #
Proposal for a regulation
Recital 24
Recital 24
(24) Economic operators and online marketplaces should have obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers. All economic operators and online marketplaces intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process.
Amendment 207 #
Proposal for a regulation
Recital 25
Recital 25
(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling has grown consistently and steadily, creating new business models and new actors in the market such as the online marketplaces. This Regulation must foresee further obligations in order to ensure the safety of products and the right to access to adequate remedies for consumers.
Amendment 209 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 is not always available in the Union. This situation concerns, in particular, products that have been traded via online marketplaces and sent directly to consumers in the Union, without going through fulfilment centers. In such cases, market surveillance authorities cannot enforce measures against economic operators that have placed or made available unsafe products in the internal market. As a consequence, consumers do not always have the possibility to seek redress. In order to give consumers the possibility to exercise their right to access to remedies, online marketplaces that fail to comply with the obligations laid down in this Article or in Article 22 of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC should ensure adequate and proportionate remedies to consumers if the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 does not fulfil its obligations to provide such remedies.
Amendment 210 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25 b) If online marketplaces have complied with all the requirements laid down in this Regulation, they should not be required to provide remedies to consumers. However, if no economic operator is available for consumer redress, consumers can still seek compensation through ad-hoc national funds. Member States should allocate to their respective funds a proportion of each penalty collected pursuant to Article 40 of this Regulation to finance this fund.
Amendment 222 #
Proposal for a regulation
Recital 30
Recital 30
(30) Moreover, for the purposes of effective market surveillance, online marketplaces should register in the Safety Gate portal and indicate, in the same portal, the information concerning their single contact points for the facilitation of communication of information on product safety issues. The single point of contact under this Regulation might be the same as the point of contact under [Article 10] of Regulation (EU) …/…[the Digital Services Act], without endangering the objective of treating issues linked to product safety in a swift and specific manner. Online marketplaces should check barcodes of new products offered for sale online through their services against the information on dangerous products notified by the market surveillance authorities in Safety Gate portal.
Amendment 226 #
Proposal for a regulation
Recital 32
Recital 32
(32) The obligations imposed by this Regulation on online marketplaces should neither de jure or de facto amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
Amendment 232 #
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act] concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation, and unless the online marketplace has checked the barcode of the product against the information on dangerous products in the Safety Gate portal to ensure that the product offered for sale complies with this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader. The online platform should make best efforts to assess whether the information provided is reliable and complete and check the information provided by the trader through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
Amendment 237 #
Proposal for a regulation
Recital 38
Recital 38
(38) Direct selling by economic operators established outside the Union through online channels hinders the work of market surveillance authorities when tackling dangerous products in the Union, as in many instances economic operators may not be established nor have a legal representative in the Union. It is therefore necessary to ensure that market surveillance authorities have adequate powers and means to effectively tackle the sale of dangerous products online. In order to ensure an effective enforcement of this Regulation, the obligation set out in Article 4(1), (2) and (3) of Regulation 2019/1020 should be extended also to all products falling under the scope of the Union harmonisation legislation and to products falling outside the scope of the Union harmonisation legislation to ensure that there is always a responsible economic operator established in the Union, which is entrusted with tasks regarding such products, providing market surveillance authorities and consumers with an interlocutor and performing specific tasks in a timely manner.
Amendment 239 #
Proposal for a regulation
Recital 42
Recital 42
(42) Internal conformity procedures through which economic operators ensure, internally, the effective and swift performance of their obligation as well as the conditions to react timely in case of a dangerous product, should be put in place by the economic operators themselves. However, these procedures should be regularly audited by market surveillance authorities and, when necessary, by independent auditors, in order to ensure a level playing on the internal market.
Amendment 240 #
Proposal for a regulation
Recital 44
Recital 44
(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer or of the authorised representative. Such traceability requirements could be made stricter for certain kinds of products. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.
Amendment 242 #
Proposal for a regulation
Recital 47
Recital 47
(47) National authorities should be enabled to complement the traditional market surveillance activities focused on safety of products with market surveillance activities focusing on the internal conformity procedures set up by economic operators to ensure product safety. Market surveillance authorities should be able to define standard procedures that would reduce potential disparities between internal conformity procedures set up by companies. Market surveillance authorities should be also able to require the manufacturer to indicate which other products - produced with the same procedure, or containing the same components considered to present a risk or that are part of the same production batch - are affected by the same risk.
Amendment 246 #
Proposal for a regulation
Recital 51
Recital 51
(51) Member States should notify in the Safety Gate both compulsory and voluntary corrective measures that prevent, restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers or, in case of products covered by Regulation (EU) No 2019/1020, also, to the protection of the environment and public security and to other relevant public interests of the end- users.
Amendment 249 #
Proposal for a regulation
Recital 52
Recital 52
(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers, to the protection of the environment and public security and to other relevant public interests of the end-users. The database and website of the Safety Gate should be accessible to persons with disabilities.
Amendment 254 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should maintain and further develop the Safety Business Gateway web portal, enabling economic operators and online marketplaces to comply with their obligations to inform market surveillance authorities and consumers of dangerous products they have placed or made available on the market. This tool should also enable economic operators to inform market surveillance authorities of accidents caused by products they have placed or made available on the market. It should enable quick and efficient information exchange between economic operators and national authorities, and facilitate information to consumers from economic operators.
Amendment 267 #
Proposal for a regulation
Recital 60
Recital 60
(60) The public interface of the Safety Gate, the Safety Gate portal, allows the general public, including consumers, economic operators and online marketplaces, to be informed about corrective measures taken against dangerous products present on the Union market. A separate section of the Safety Gate portal enables consumers to inform the Commission of products presenting a risk to consumer health and safety found in the market. Where relevant, the Commission should provide adequate follow-up, notably by transmitting such information to the concerned national authorities. The database and website of the Safety Gate should be accessible to persons with disabilities.
Amendment 268 #
Proposal for a regulation
Recital 61
Recital 61
(61) IPublic access to the information available to the authorities on product safety should be ensured. However, in making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.
Amendment 270 #
Proposal for a regulation
Recital 62
Recital 62
(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators and online marketplaces should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators and online marketplaces to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators and online marketplaces will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number.
Amendment 271 #
Proposal for a regulation
Recital 64
Recital 64
(64) To encourage consumer response to recalls it is also important that the action required from consumers be as simple as possible and that the remedies offered be effective, cost-free and timely. Directive (EU) 2019/771 of the European Parliament and of the Council32 provides the consumers with the contractual remedies for a lack of conformity of goods that existed at the time of delivery and became apparent within the liability period. The economic operator responsible for the recall, and, where appropriate, the online marketplace should provide similar remedies to the consumer. __________________ 32 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22. 5. 2019, p. 28).
Amendment 272 #
Proposal for a regulation
Recital 64 a (new)
Recital 64 a (new)
(64 a) Directive 2020/1828/EU on Representative Actions for the Protection of the Collective Interests of Consumers underlines that globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice and that infringements of Union law can cause consumer detriment. Without effective means to bring unlawful practices to an end and to obtain redress for consumers, consumer confidence in the internal market is reduced. As consumers’ interests are heavily affected by unsafe products which are circulating in the internal market it is justified to include this Regulation to Annex I of Directive 2020/1828/EC.
Amendment 273 #
Proposal for a regulation
Recital 66 a (new)
Recital 66 a (new)
(66 a) Highlights that products can present different risks for different genders and that standards often do not take this into account, which leads to discrepancies in terms of safety and therefore a gender safety gap; Stresses that the Gender Responsive Standards Declaration outlines several actions that national standards bodies and standards developing organisations should include in their gender action plan for gender responsive standards and standards development, in order to achieve gender balanced, representative and inclusive standards.
Amendment 275 #
Proposal for a regulation
Recital 71
Recital 71
(71) In order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or online marketplace and to the type and gravity of the risk incurred by the consumer and of the injury suffered by the consumer. Furthermore an homogenous level of penalties is important to ensure a level playing field, avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.
Amendment 278 #
Proposal for a regulation
Recital 74
Recital 74
(74) In order to ensure more consistency, a non-exhaustive list of those types of infringements that should be subject to penalties should be included.
Amendment 279 #
Proposal for a regulation
Recital 77
Recital 77
(77) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the health and safety of consumers, imperative grounds of urgency so require. The decision may be renewed insofar this is necessary and appropriate.
Amendment 281 #
Proposal for a regulation
Recital 80
Recital 80
(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 and, (EU) 2018/1725 and Directive (EU) 2002/58. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.
Amendment 282 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Subject matter and objective
Amendment 284 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down essential rules on the safety of consumer productse purpose of this Regulation is to ensure that products placed or made available on the market are safe. In this regard this Regulation lays down essential rules on the safety of consumer products with a view to ensuring that only products that fulfil requirements providing a high level of protection of public interests, such as health and safety in general, health and safety in the workplace, the protection of consumers, the protection of the environment and public security and any other public interests, are placed or made available on the market.
Amendment 289 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements thereby posing a threat to consumers' health and safety or other public interests.
Amendment 291 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2 – point a
Article 2 – paragraph 1 – subparagraph 2 – point a
(a) Chapter II shall not apply insofar as the risks or categories of risks are adequately covered by Union harmonisation legislation are concern. Therefore, when assessing if the risk is adequately covered, the aspects for assessing the safety of products defined in Article 5a must be considered;
Amendment 293 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2 – point b
Article 2 – paragraph 1 – subparagraph 2 – point b
(b) Chapter III, Section 1, Chapters V and VII, Chapters IX to XI shall not apply.
Amendment 295 #
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
Amendment 298 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall apply to products placed or made available on the market whether new, used, repaired or reconditioned. It shall not apply to products intended to be repaired or reconditioned prior to being used where those products are made available on the market as such.
Amendment 302 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, including software other than those offered under a free and open-source licence, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them. For the purposes of this Regulation ‘product' does not mean free of charge open-source software;
Amendment 308 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1 a. When a product contains embedded software, preinstalled or installed subsequently, the latter shall be considered as an integrated part of the product, within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, while taking due account of the different levels of obligations of businesses on the one hand, and of the free software community on the other hand;
Amendment 310 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers and taking due account of the precautionary principle;
Amendment 319 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his or hetheir behalf in relation to specified tasks;
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
15. ‘online interface’ means any software, including a website, part of a website or an application, including a mobile application, that is operated by or on behalf of an economic operator, and which serves to give end users access to the economic operator's products;
Amendment 338 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 341 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Presumption of safetyconformity with safety requirements
Amendment 343 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, such laws being drawn up in conformity with the Treaties, if it conforms to such national requirements.
Amendment 347 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5, taking into account the aspects for assessing the safety of products laid down in Article 5a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 350 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. However, presumption of safetyconformity with the safety requirements under paragraph 1 shall not prevent market surveillance authorities from taking actionppropriate measures under this Regulation, in particular to impose restrictions on products being placed on the market or to require products withdrawal from the market or recall where there is evidence that, despite such conformity, the product is dangerous.
Amendment 353 #
Proposal for a regulation
Article 7
Article 7
Amendment 392 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The assessment referred to in paragraph 1 shall be performed by taking into consideration the elements referred to in Article 5a(3) or through a voluntary third-party assessment. In particular, third-party conformity assessment may be imposed by the Commission or the Member States for products which present a serious risk according to Article 1(20) of Regulation (EU) 2019/1020 and to Article 26 of this Regulation.
Amendment 400 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints in an easy and accessible way and to inform them of any accident or safety issue they have experienced with the product.
Amendment 412 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers or, where applicable, their authorised representatives, shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.
Amendment 416 #
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product. The technical documentation before placing it or making it available on the market. The technical documentation shall be easily accessible to consumers and shall contain, as appropriate:
Amendment 420 #
Proposal for a regulation
Article 8 – paragraph 4 – point c
Article 8 – paragraph 4 – point c
(c) the list of the European standards referred to in Article 6(1) point a, or the other elements referred to in Article 7(3), applied to meet the general safety requirement laid down in Article 5a (1) and (3), 6(1) point b and 6(2).
Amendment 423 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4 a. Manufacturers not established in the Union shall ensure that the authorised representative has the technical documentation permanently available.
Amendment 424 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation for the lifespan of the product that the consumer may reasonably expect, and, in any case, for a period of at least ten years after the last batch of the product has been placed on the market and make it available to the market surveillance authorities, upon request.
Amendment 433 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and, the postal and electronic address and the telephone number at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted.
Amendment 441 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 5, 5a and 6.
Amendment 443 #
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9 a. For connected products, manufacturers shall make reasonable efforts to establish a risk-management system including a robust post-marketing monitoring system and record keeping of the performance of connected products to ensure the continued safe functioning of products over their entire life time.
Amendment 445 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, as appropriate. They shall inform the distributors of the product in question and, where applicable, the authorised representatives and the importers accordingly.
Amendment 452 #
Proposal for a regulation
Article 8 – paragraph 11
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. In accordance with Article 33, manufacturers shall immediately alert consumers of the risk to their health and safety, presented by a product they manufacture, through clear and targeted information in their national languages, including but not exclusively using digital means.
Amendment 456 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A manufacturer maynot established in the Union shall, by a written mandate, appoint an authorised representative.
Amendment 457 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. This Article shall also apply to products covered by Regulation (EU) 2019/1020.
Amendment 458 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1 b. Where the manufacturer is not established in the Union and has not complied with the obligations laid down in Article 8, the authorised representative shall be responsible for non-compliance with this Regulation on the same basis as, and jointly and severally with, the manufacturer.
Amendment 460 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) provide a market surveillance authority, upon its reasoned request, with all information and documentation necessary to demonstrate the safety of the product, including the mandate agreed with the manufacturer, in an official language which can be understood by that authority;
Amendment 461 #
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(a a) verify that the technical documentation has been drawn up and keep it for the lifespan of the product that the consumer may reasonably expect, and, in any case, for a period of at least ten years after the last batch of the product has been placed on the market and make it available to the market surveillance authorities, upon request;
Amendment 462 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer without undue delay, notify the product via the Safety Business Gateway and make reasonable efforts to mitigate the risk;
Amendment 465 #
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) carry out, at least once a year, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated, in accordance with Article 15(2) of this Regulation. Findings about non-compliances and safety risks shall proactively be communicated to the market surveillance authorities via the Safety Business Gateway;
Amendment 466 #
Proposal for a regulation
Article 9 – paragraph 2 – point c b (new)
Article 9 – paragraph 2 – point c b (new)
(c b) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and immediately inform the market surveillance authority of the Member State in which is established;
Amendment 467 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Change of authorised representative The detailed arrangements for a change of authorised representative shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the following aspects: (a) the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative; (b) the transfer of documents, including confidentiality aspects and property rights;
Amendment 469 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 5(a), 6, 8 (4), (6), (7) and (78).
Amendment 472 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5, 5a and 6 and Article 8(4), (6), (7) and (78), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and the manufacturer’s authorised representative, and ensure that the market surveillance authorities are informed.
Amendment 475 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address and the telephone number at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.
Amendment 477 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5, 5(a) and 6 and its conformity with Article 8 (6) and (7).
Amendment 480 #
Proposal for a regulation
Article 10 – paragraph 6 – introductory part
Article 10 – paragraph 6 – introductory part
6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the register referred to in Article 8(2), first subparagraph, or and in their own register. Importers shall keep the manufacturer, the authorised representative and distributors informed of the investigation performed and of the results of the investigation.
Amendment 484 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Importers shall cooperate with market surveillance authorities and, the manufacturer and other relevant economic operators to ensure that a product is safe.
Amendment 488 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and the manufacturer’s authorised representative, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and thaimmediately alert market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. In accordance with Article 33, importers shall immediately alert consumers of the risk to their health and safety, presented by a product they made available, through clear and targeted information in their national languages, including but not exclusively using digital means.
Amendment 490 #
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. Importers shall keep the technical documentation referred to in Article 8(4) for the lifespan of the product that consumers may reasonably expect and, in any case, for a period of at least 10 years after they have placed the last batch of the product on the market and make it available to the market surveillance authorities, upon request.
Amendment 492 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 5, 5 (a), 6, 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 495 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Article 5 (a), 6, 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
Amendment 497 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer or the importer, the importer, and the authorised representative, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.
Amendment 500 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 5, 5(a), 6, 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or the importer, the importer and the authorised representative, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed giving details, in particular, of the risk to health and safety and of any corrective measure taken.
Amendment 506 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. The safety of a product that has been substantially modified within the meaning of paragraph 2 has to be analysed through a new risk assessment in compliance with Article 5, 5a and 6.
Amendment 508 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5. These internal processes shall be regularly audited by market surveillance authorities and, when appropriate, by independent auditors.
Amendment 509 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Economic operators shall cooperate with market surveillance authorities and, where relevant, with other authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.
Amendment 515 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by the Union harmonisation legislation and by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 516 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Where the manufacturer is not established in the Union and has not complied with the obligations laid down in Article 8, the responsible person shall be responsible for non-compliance with this Regulation and with Regulation (EU) 1019/1020 on the same basis as, and jointly and severally with, the manufacturer.
Amendment 521 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out: (a) carry out at least once a year sample testing of randomly chosen products made available on the market under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a yearevery six months, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated. (b) verify that the technical documentation has been drawn up and keep it for the lifespan of the product that the consumer may reasonably expect, and, in any case, for a period of at least ten years after the last batch of the product has been placed on the market and make it available to the market surveillance authorities, upon request. (c) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
Amendment 532 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the European Injury Database, Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission mayshall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability or require independent third-party conformity assessment, when necessary.
Amendment 536 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to allow public access to that data, including placement of a data carrier on the product, its packaging or accompanying documents.
Amendment 542 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) the modalities to display and to allow public access to data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2.
Amendment 544 #
Proposal for a regulation
Article 17 – paragraph 4 – point b
Article 17 – paragraph 4 – point b
(b) the compatibility withand interoperability with other traceability systems available at Union or at international level.
Amendment 546 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address and the telephone number at which they can be contacted;
Amendment 551 #
Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
Article 18 – paragraph 1 – point d a (new)
(d a) any certification label information, including the CE mark.
Amendment 557 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that,notify through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market is notified, within two working daywithin 24 hours from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 560 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The importers and, the distributors and the authorised representatives which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notificationnotify the Safety Business Gateway within 24 hours and inform the manufacturer thereof.
Amendment 572 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Online marketplaces shall establish a single contact point allowing for direct communication withthe purpose of ensuring a swift and direct communication with all competent authorities and customs authorities, including Member States’ market surveillance authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.
Amendment 578 #
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working daysexpeditiously in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 583 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information oncheck barcodes of new products offered for sale through their services against dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of app. Online marketplaces shall expeditiously ing their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referringform the authority that made the notification to the Safety Gate portal of any action taken if the barcode of a product corresponds to a dangerous products offer listed oin their marketplace, w Safety Gate portal and of any othere applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by usingction taken. To inform the market surveillance authority of any action taken under this Regulation, online marketplaces shall use the contacts of the market surveillance authority published in the Safety Gate.
Amendment 587 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. Online marketplaces which have actual knowledge of an accident caused by a product or a safety related issue caused by a dangerous product made available on the market through their marketplace shall notify this expeditiously in the Safety Business Gateway and inform the manufacturer thereof.
Amendment 589 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days,expeditiously in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 593 #
Proposal for a regulation
Article 20 – paragraph 5 – introductory part
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders tousing their services to comply with this Regulation. Online marketplaces shall ensure that the traders provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
Amendment 596 #
Proposal for a regulation
Article 20 – paragraph 5 – point a
Article 20 – paragraph 5 – point a
(a) name, registered trade name or registered trade mark and the telephone number of the manufacturer, as well as the postal or electronic address at which they manufacturer and trader can be contacted;
Amendment 599 #
Proposal for a regulation
Article 20 – paragraph 5 – point c
Article 20 – paragraph 5 – point c
(c) information to identify the product, including its type and, when available, batch ornumber, serial number or barcode and any other product identifier;
Amendment 602 #
Proposal for a regulation
Article 20 – paragraph 5 – point d
Article 20 – paragraph 5 – point d
(d) any warning or safety information that is to be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation or the relevant technical standards in a language which can be easily understood by consumers.
Amendment 605 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5 a. The information listed under paragraph 5 of this Article shall be displayed alongside the digital product listing in a clear, intelligible and unambiguous language and in a way that is easily accessible and understandable for all consumers.
Amendment 607 #
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5 b. Without prejudice to the prohibition to a general obligation to monitor the information which online marketplaces transmit or store in accordance with Regulation (EU)[…/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall periodically carry out sample testing of randomly chosen products made available on their interface.
Amendment 617 #
Proposal for a regulation
Article 20 – paragraph 6 – point b
Article 20 – paragraph 6 – point b
(b) expeditiously informing the market surveillance authorities of any action taken;
Amendment 625 #
Proposal for a regulation
Article 20 – paragraph 6 – point e
Article 20 – paragraph 6 – point e
(e) upon request of the market surveillance authorities, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data related to product safety from their online interfaces (data scraping), allowing to scrape such data for product safety purposes based on the identification parameters providedto permit scraping for product safety purposes by the requesting market surveillance authorities.
Amendment 630 #
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
6 a. Member States shall impose effective, proportionate and dissuasive penalties on online marketplaces failing to comply with the obligations laid down in the Article, in accordance with Article 40 of this Regulation.
Amendment 631 #
Proposal for a regulation
Article 20 – paragraph 6 b (new)
Article 20 – paragraph 6 b (new)
6 b. Member States shall make available ad-hoc national funds. If online marketplaces have fulfilled all of their obligations and no economic operator is liable for or capable of ensuring adequate and proportionate remedies for consumers, consumers shall still be able to seek compensation through ad-hoc national funds. Member States shall allocate to their respective funds a proportion of each penalty collected pursuant to Article 40 of this Regulation to finance this fund.
Amendment 632 #
Proposal for a regulation
Article 20 – paragraph 6 b (new)
Article 20 – paragraph 6 b (new)
6 b. Online marketplaces that fail to comply with the obligations laid down in this Article or in Article 22 of Regulation (EU)[…/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC shall be required to provide adequate and proportionate remedies to consumers if the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 does not fulfil its obligations to provide such remedies.
Amendment 640 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Market surveillance authorities mayshall set up schemtandard procedures focusing on control of internal processes for product safety set up by economic operators according to Article 13.
Amendment 642 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall communicate to the Commission, once a year, data concerning the implementation of this Regulation. A summary report shall be made available to the public.
Amendment 648 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) on the basis of provisions of this Regulation in relation to products presenting a risk to the health and safety of consumers, a risk for the protection of the environment and public security and a risk to any other relevant public interests of the end-users;
Amendment 654 #
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
The notification shall be submitted in the Safety Gate within two working day48 hours from the adoption of the corrective measure.
Amendment 657 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Where a Member State notifies corrective measures taken in relation to products presenting a serious risk, the other Member States shall notify in the Safety Gate the measures and actions taken subsequently in relation to the same products and any other relevant information, including the results of any tests or analyses carried out, withiout undue delay and in any case no later than two working days from the adoption of the measures or actions.
Amendment 659 #
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The Commission shall develop an interfaceimplement the interface established in Article 20(5) of Regulation (EU) 2019/1020 between the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and the Safety Gate, in order to avoid double data entry and enable a draft Safety Gate notification to be triggered from that information and communication system.
Amendment 661 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall maintain a web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19, which must be accessible to consumers with disabilities.
Amendment 668 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25 a EUROPEAN INJURY DATABASE 1. The Commission shall establish and coordinate a European Injury Database, that covers all type of injuries caused by products placed or made available on the Union market. 2. The market surveillance authorities of Member States shall register the injury data to the database, in compliance with Union and national rules on data protection. 3. The Commission shall establish a common methodology for data collection and oversight the registration of data made by market surveillance authorities.
Amendment 673 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
Amendment 675 #
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) it emerges from prior consultations with the Member States that they differ significantly on the approach adopted or to be adopted to deal with the risk; and or;
Amendment 676 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) the risk cannot be dealt with, in view of the nature of the safety issue posed by the product, category or group of products, in a manner compatible with the degree of gravity or urgency of the case, under other procedures laid down by the specific Union legislation applicable to the products concerned; andor
Amendment 679 #
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
Those measures may include measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their conformity assessment, including third-party assessment, and marketing, in order to ensure a high level of consumer safety protection.
Amendment 680 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. On duly justified imperative grounds of urgency relating to the health and safety of consumers the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(4). The decision may be renewed insofar this is necessary and appropriate.
Amendment 685 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where market surveillance authorities in other Member States reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment, the Member States concerned may request the Commission to arbitrate. In that case, the Commission shall invite all Member States to express a recommendation.
Amendment 688 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A European network of the authorities of the Member States competent for product safety (‘Consumer Safety Network’) shall be established. Consumer organisations shall be observers to the Network.
Amendment 690 #
Proposal for a regulation
Article 28 – paragraph 3 – point a
Article 28 – paragraph 3 – point a
(a) the exchange of information on risk assessments, dangerous products, test methods and results, recent scientific developments as well as other aspects relevant for control activities, such as consideration of European Standards providing presumption of conformity with this legislation;
Amendment 692 #
Proposal for a regulation
Article 28 – paragraph 3 – point b
Article 28 – paragraph 3 – point b
(b) the establishment and execution of joint surveillance and testing projects the establishment and execution of joint surveillance and testing projects, including in the context of e-commerce;
Amendment 694 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Consumer Safety Network shall coordinate its action and exchange information with the other existing Union activitiesbodies, including the Consumer Protection Coordination network and the European Data Protection Board, in particular when assessing the safety of products or deciding on the remedies to consumers pursuant to Article 35.
Amendment 706 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Unless otherwise agreed upon by the market surveillance authorities concerned, sweeps shall be coordinated by the Commission. The coordinator of the sweep may, where appropriate,shall make the aggregated results publicly available.
Amendment 711 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Protection of professional secrecy shall not prevent the dissemination to the competent authorities of Member States and the Commission of information relevant for ensuring the effectiveness of market monitoring and surveillance activities. The authorities receiving information covered by professional secrecy shall, in duly justified cases, ensure its protection.
Amendment 715 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24. This information shall be provided in accessible formats to persons with disabilities.
Amendment 723 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators and online marketplaces, in accordance with their respective obligations as provided for in Articles 8, 9, 10, 11 and 1120, shall directly notify all affected consumers that they can identify. Economic operator wihtout undue delay. Economic operators and online marketplaces who collect their customers’ personal data shall make use of this information for recalls and safety warnings.
Amendment 727 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where economic operators and online marketplaces have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shall offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and mayshall only be used to contact consumers in case of a recall or safety warning.
Amendment 732 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly, economic operators and online marketplaces, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities. Consumer organisations shall also be informed in order to support the dissemination of the information.
Amendment 735 #
Proposal for a regulation
Article 34 – paragraph 2 – point c
Article 34 – paragraph 2 – point c
(c) clear description of the hazard associated with the recalled product, avoidwithout using any elements that may decrease consumers’ perception of risk, including terms and expressions such as “voluntary”, “precautionary”, “discretionary”, “in rare/specific situations” as well as indicating that there have been no reported accidents;
Amendment 738 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. The Commission, by means of implementing acts, shall set out the template for a recall notice, taking into account scientific and market developments. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42(2). Accessibility features and alternative formats must be provided by the templates.
Amendment 740 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771 and Directive (EU) 85/374 , in the case of a recall, the economic operator responsible for the recall or, in accordance with Article 20 of this Regulation, the online marketplace shall offer to the consumer an effective, cost- free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 750 #
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) refund of the valuinitial purchase price of the recalled product.
Amendment 752 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. Without prejudice to Directive (EU) 2019/771, the economic operator responsible for recall shall prioritise the repair of the product, unless it is disproportionate or it does not result in a lesser level or safety.
Amendment 757 #
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3 a. Where no economic operator offers a remedy to the consumer, the consumer shall be entitled to submit a complaint to the competent authority in accordance with Article 31(4).
Amendment 759 #
Proposal for a regulation
Article 35 a (new)
Article 35 a (new)
Article 35 a Right to an effective judicial remedy Notwithstanding any administrative or other non-judicial remedies, any affected consumer or organisation representing consumers and other interested parties shall have the right to an effective judicial remedy with regard to the failure of economic operators to comply with their obligations under this Regulation.
Amendment 760 #
Proposal for a regulation
Article 35 b (new)
Article 35 b (new)
Article 35 b Amendments to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC: “(X) Regulation of the European Parliament and of the Council on a General Product Safety Regulation”
Amendment 761 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The Commission mayshall cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
Amendment 762 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Commission mayshall provide third countries or international organisations with selected information from its Safety Gate system and receive relevant information on the safety of consumer products and on preventive, restrictive and corrective measures taken by those third countries or international organisations. The Commission shall share such information with national authorities, where relevant.
Amendment 765 #
Proposal for a regulation
Article 37 – paragraph 1 – point c a (new)
Article 37 – paragraph 1 – point c a (new)
(c a) activities carried out by consumer organisations for the enhancement of market surveillance policies and systems as well as to consumer information which contribute to a higher level of safety in the EU.
Amendment 768 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. The types of infringements by economic operators or online marketplaces, where applicable, subject to penalties shall be at least any of the following:
Amendment 781 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products, in particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate and challenges posted by new technologies and by online marketplaces, while taking into account its impact on businesses and in particular on small and medium-sized enterprises.
Amendment 783 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
1025/2012
Article 10
Article 10
7. Where a European standard drafted in support of Regulation (EU) …/… of the European Parliament and of the Council48 [this Regulation (GPSR)] satisfies the general safety requirement laid down in Article 5 of that Regulation and the specific safety requirements referred to in [Article [6] and [5a] of that Regulation], the Commission shall publish a reference of such European standard without delay in the Official Journal of the European Union. __________________ 48 Regulation (EU) …/… of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council (OJ …)’