20 Amendments of Adam BIELAN related to 2021/2040(INI)
Amendment 1 #
Motion for a resolution
Recital A
Recital A
A. whereas the Toy Safety Directive (TSD) was adopted in 2009 to ensure a high level of health and safety for children and guaranteimprove the functioning of the internal market for toys, and in particular to facilitate the exchange of goods between Member States by removing barriers to trade;
Amendment 16 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the rules and requirements for toys remain, in many cases, stricter than the rules for other products used by children on a daily basis;
Amendment 24 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that the implementation of and preparation for the proper application of the TSD was a laborious process extending over many years and requiring significant financial investment by European toy manufacturers; stresses the importance of legal stability for the stable development of domestic businesses, especially small and medium-sized family enterprises;
Amendment 31 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that despite the implementation of the directive’s ambitious provisions, the internal market and consumers still face a significant number of dangerous toys; believes that the key to improving child protection is better enforcement of the current rules, in particular through market surveillance and a tightening of borders by the customs services;
Amendment 32 #
5. Recognises the flexibility and durability of the TSD, given that in the period 2012- 2019, the Directive has been it was amended 14 times to adapt to the new scientific evidence pointing out previously unknown risks for children, especially in the area of chemicals; is concerned, however, that problems remain that cannot be solved through implementing aattempts to solve some of the problems by means of implementing acts may have limited effects;
Amendment 63 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned that the stricter provisions for chemicals in toys intended for children aged under 36 months do not take into account the fact that older children remain vulnerable to dangerous substances; notes that this distinction can result in manufacturers circumventing the provisions by indicating that the toy is intended for children above 36 months even when it is clearly not the case; stresses that several stakeholders and Member States have indicated that this distinction is clearly inadequate and asked for it to be eliminated; calls on the Commission, therefore, to do so in its revision of the TSD and after analysing the margin of safety for the level of chemicals, to decide whether this distinction needs to be abolished; is of the opinion that when a given chemical is deemed to be dangerous for children, its use should be restricted in all children’s products;
Amendment 71 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that effective market surveillance by the relevant services is essential for the application of the provisions of the TSD to be effective and to ensure that consumers in the internal market can choose only safe and compliant products which guarantee a high level of protection for children; urges the Member States, together with the Commission, to work continuously to improve the organisation and effectiveness of the relevant public authorities, including by allocating sufficient funding;
Amendment 73 #
12. Notes that the TSD contains an obligation for Member States to perform market surveillance under the precautionary principle, test toys on the market and verify manufacturers’ documentation with a view to withdrawing unsafe toys and taking action against those responsible for placing them on the market; is concerned that the effectiveness of market surveillance under the TSD is limited, put, which is key to protecting the health and safety of children at risk and, is limited, undermining the level playing field forcompetitiveness of economic operators that comply with the legislation, to the benefit of rogue traders, who do not apply European rules and operate mainly outside the common market;
Amendment 83 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the adoption of Regulation (EU) 2019/1020, which aims to improve market surveillance by strengthening controls by national authorities to ensure that products entering the single market, including toys, are safe and comply with the rules, and calls on the Member States to implement it fully and as quickly as possible;
Amendment 85 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to assess the Member States’ implementation and application of Regulation (EU) 2019/1020 as a matter of urgency, taking particular account of national market protection strategies and obligations under Article 25; calls on the Commission to provide active support to Member States in the enforcement and assessment of national market protection strategies;
Amendment 89 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to explore possibilities for using new technologies, including conducting pilot programmes to research the toy market in Europe, such as blockchain and artificial intelligence to facilitate the work of market surveillance authorities by providing easily accessible and structured information on products and their traceability;
Amendment 94 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. WDraws attention to the limited funding and human resources, which in recent years has reduced the effectiveness and reach of many market surveillance authorities; in this connection, welcomes the adoption of the Single Market Programme and the introduction of a specific objective and dedicated resources for market surveillance, which will contribute to ensuring that only safe and compliant toys enter the EU market;
Amendment 97 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to step up coordination of their market surveillance activities and actively share experiences, including on the methods and technologies used in customs controls to effectively stop the import of unsafe toys; stresses that maintaining a constant level of effective controls throughout the Union on toys coming from outside the internal market remains essential in order to ensure that they comply with European legal requirements;
Amendment 110 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is concerned by the new vulnerabilities and risks posed by connected toys; calls on the Commission to explore different optionsNotes that some of today’s connected toys have limited safeguards or a complete lack of safeguards against cyber threats; calls on toy manufacturers, where appropriate, to take cybersecurity into account in toy design and manufacture; calls on the Commission to assess, based on an approach which takes into account risk and the proportionality principle, the need for action, such as extending the scope of the TSD to include provisions on information security or reinforcing the relevant horizontal legislation, such as the Radio Equipment Directive and the Cybersecurity Act, as well as the GDPR, while keeping Parliament informed of its choices;
Amendment 121 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that the development of e-commerce poses challenges for market surveillance authorities in ensuring the compliance of products sold online; notes that many products bought online fail to conform to EU safety requirements and is concerned byat the high number ofuse of online sales platforms by rogue sellers or manufacturers to sell dangerous toys sold online;
Amendment 123 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recognises the positive role of e- commerce, including the role of online marketplaces, which have enabled the development of European toy manufacturers; stresses, in this context, the growth in these businesses’ activities both inside and outside the European Union;
Amendment 131 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that online marketplaces should take additional steps, in keeping with their role in the supply chain, to ensure the safety and compliance of toys sold on their platforms; insists in the strongest termwelcomes the voluntary commitments by online marketplaces to ensure product safety, such as the Product Safety Pledge, which served as an inspiration for the provisions proposed in the revision of the General Product Safety Directive; insists, in this sense, that it is fundamental to ensure consistency between different instruments such as the Digital Services Act and the future legislative act revising the GPSD when it comes to the responsibilityobligations of online marketplaces, under and the proper application of the principle ‘what is illegal offline is illegal online’;
Amendment 140 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the added value of the ‘know your business customer’ principle to increase compliance and traceability of toys sold online; regrets that the product safety pledge has shown limited effects so far; callwelcomes, therefore, for increased responsibilities for online marketplaces to detect and remove unsafe and non- complithe new provisions in the Digital Services Act, complemented by solutions allowing for the notification of illegal toys by consumers antd toys from their platforms and preventrusted flaggers and the obligations arising from their reappearancevision of the GPSD;
Amendment 147 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Considers it essential to provideassess the need for a broader scope for amendments in the future revision, including mechanical and physical requirements in particular for children under 36 months, limit values for nitrosamines, labelling provisions for allergenic fragrances and CMRs;
Amendment 157 #
Motion for a resolution
Paragraph 27
Paragraph 27