[ParlTrack]

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Citation 21 a (new)

– having regard to the Eurofound's last esurvey, Living and Working in Europe, of Spring 2023,

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Citation 21 b (new)

– having regard the research from the World Economic Forum of 20231a, _________________ 1a https://www.weforum.org/agenda/2023/01 /cost-of-living-crisis-women-gender-gap/

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Recital A

A. whereas, since 2021, inflation has increased sharply, driven primarily by high energy and food costs, and exacerbated by the unjustified war of aggression against Ukraine; whereas wages are not projected to increase as fast as inflation, thus creating a cost of living crisis; whereas this crisis acutely threatens women’s livelihoods, health, well-being and access to housing, while limiting their purchasing power and ability to provide food, as well as decent standard of living;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Recital A a (new)

Aa. whereas crises and energy poverty disproportionately affect women due to structural inequalities related to income distribution, including lower levels of savings and wealth and more debt, as well as lack of social security and public services; whereas women are over- represented in low paying sectors and more likely to work in public services, rely on public services, and become the providers of last resort when public services are withdrawn, due to disproportionate burden of unpaid care work; whereas the impact of high inflation and energy costs is leaving public services with few options; 1a _________________ 1a https://wbg.org.uk/wp- content/uploads/2022/03/The-gendered- impact-of-the-cost-of-living-crisis.pdf

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Recital C

C. whereas women in all their diversity are disproportionately affected by the consequences of the cost of living crisis, as they tend to be among the poorest part of the population, are highly represented in precarious jobs~~, have lower incomes as a result of the pay and pension gaps, and are still expected to carry out the bulk~~ amongst temporary or part-time workers or informal jobs, overrepresented among minimum wage workers, have lower incomes as a result of the pay and pension gaps, are more likely to report difficulties in making ends meet (particularly if they work in blue collar occupations or are working single mothers) and still bear a disproportionate burden of unpaid care work, leaving them with fewer resources to protect themselves against the negative impact of the crisis;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Recital F

F. whereas women, particularly single parents and those experiencing intersectional discrimination on grounds of ethnicity, race, migration status, sexual orientation, disability or age, are more likely to fall into energy poverty; whereas this means that the ongoing cost of living crisis will exacerbate gendered energy poverty in the EU; whereas gender disaggregated data are needed; where, according the UN, we are facing the largest cost of living crisis for a generation;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Recital F a (new)

Fa. whereas according to Eurofound’s reporting on minimum wages, the high increases in nominal wage rates in many countries for 2023 was in many cases not enough to maintain workers’ purchasing power; whereas women are overrepresented among minimum wage workers;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Subheading 1 a (new)

Gender sensitive solutions to the rising cost of living

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Paragraph -1 (new)

-1 Recalls on the Commission to develop an ambitious 2030 European anti-poverty strategy, including time poverty, with concrete targets for reducing poverty and a focus on ending women’s poverty and breaking the intergenerational cycle of poverty risks;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Motion for a resolution
Paragraph 1 a (new)

1a. Calls on the Union to promote an extraordinary package to support people struggling with skyrocketing costs of living, including €100 billion for families, especially the ones with single persons with dependant children -which the vast majority are mothers- most affected by energy poverty and at least €20 billion to sted up European Child Guarantee scheme;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Maria-Manuel LEITÃO-MARQUES, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 1 b (new)

1b. Points out that an EU’s fiscal capacity requires a revision of the current economic and social governance, an adequate harmonised EU fiscal policy, including the extension of the clause allowing the maximum flexibility of the fiscal rules and the exemption of targeted measures related to the energy crisis from the calculation of the deficit within the fiscal rules;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Motion for a resolution
Paragraph 1 c (new)

1c. Calls for an extension of the solidarity contribution required only from energy sector to all sectors benefiting from windfall profits and at least to banking, food distribution and pharmaceutical sectors;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Paragraph 1 d (new)

1d. Calls on the Member States to take gender sensitive approach when reforming pension systems and adapting the retirement age, taking into account women’s underrepresentation in the labour market, as well as labour market segregation and gender based discrimination;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Paragraph 1 e (new)

1e. Calls to ensure an adequate minimum income, following the European recommendations of a minimum income scheme above the poverty line and with a wiew to promote gender equality, income security and economic independence of women;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Motion for a resolution
Paragraph 1 f (new)

1f. Recalls for fair and adequate minimum wages in the Member States as a necessary safeguard to ensure fairer wage distribution and to guarantee a basic wage floor protecting women according to the new European law;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Paragraph 1 g (new)

1g. Calls on the Commission and the Member States to mainstream gender equality into all policies in order to achieve the best response to energy crisis, which disproportionately affects women, taking into account that the impact of high inflation and energy costs are undermining public services, in which women are more likely to work, to rely on and to replace when these public services are cancelled;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Paragraph 2

2. Calls for the Member States and the EU to urgently guarantee affordable utilities and food for low-income households such as single mothers households and, in particular, for those facing intersectional discrimination; stresses that no one should have to freeze in the height of winter or overheat in the scorching summer months and calls for the Member States and the EU to ban energy disconnections;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES, Carina OHLSSON

Motion for a resolution
Paragraph 3

3. Calls on the Member States to increase public investment in policies that, directly or indirectly, aim to counteract the negative effects of the cost of living crisis on women in all their diversity, to guarantee access to high-quality public services for care, education, health, including sexual and reproductive health and rights, and housing, to the decent employment and to protect victims of gender-based violence;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Motion for a resolution
Paragraph 5

5. Highlights that access to electricity plays a fundamental role in poverty reduction and in ensuring full and equal participation in society; calls for the EU and the Member States to recognise the right to affordable energy;

2023/10/09
Committee: FEMM

2023/2115(INI)

Lina GÁLVEZ, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Motion for a resolution
Paragraph 10

10. Recalls that ~~the~~a just green transition is necessary to avoid severe future crises and increased poverty; recalls, furthermore, that the green transition will only be socially fair if it includes a gender perspective and guarantees equal opportunities for women and those experiencing intersectional discrimination; calls, therefore, on the Commission to appoint an EU gender and climate coordinator with sufficient staff and funding, and to introduce gender impact assessments in all EU policies and legislation, in particular in European Green Deal initiatives;

2023/10/09
Committee: FEMM

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Citation 13 a (new)

– having regard to Article 24 of the EU Charter of Fundamental Rights and the United Nations Convention on the Rights of the Child as elaborated in the UNCRC General Comment No. 25 as regards the digital environment,

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital A

A. whereas in today’s attention-based economy, technology companies use design and system functionalities to take advantage of users’ and consumers' vulnerabilities in order to capture their attention and increase the amount of time they spend on digital platforms; whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops and dating apps are designed to keep users on the platform for as long as possible so as to maximise the data collected and the time and money they spend there; whereas consequently many online services are designed to be as addictive as possible; whereas the terms ‘manipulative design’, ‘addictive design’ or ‘behavioural design’ of online services describe features that lead to behaviour- related risks and harms, including forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas there is a growing consensus among academics that phenomena, such as ‘social media addiction’ exist;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital A a (new)

Aa. whereas with all the improvements that technology has brought into the lives of individuals, sophisticated use of data and AI technologies and the continuous exposure to monetisation-driven algorithms have already been seen to have harmful consequences affecting consumers’ online behaviour, exposing their ever-weaker position and reducing consumers and citizens’ trust in markets and democratic societies; whereas social media platforms must take steps to give back autonomy to the users, respecting their wellbeing regardless of profitability considerations, and give regulators and researchers the necessary tools to analyse the effects of using these platforms;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

B. whereas 16-24 year-olds spend an average of over seven hours a day on the internet; whereas one in four children and young people display ‘problematic’ or ‘dysfunctional’ smartphone use, meaning behavioural patterns mirroring addiction; whereas research suggests that problematic smartphone use continues to rise~~; whereas research also suggests that the rise in mental health problems in adolescents might be related to excessive social media u~~ and that many children rarely disconnect from social media and use it constantly throughout the day feeling insecure without their mobile phone; whereas research also suggests that the rise in mental health problems in adolescents might be related to excessive social media use and that social media pressure has been identified as one of the top five causes of mental health difficulties for children; whereas younger populations are more vulnerable to psychopathological developments, and harmful behaviours and mental health conditions established in childhood can shape the subsequent life course;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital C

C. whereas internet-use-related addiction displays similar side effects to substance-related addictions, including evidence of tolerance and relapse; whereas strict regulation exists for addictive products, such as drugs, alcohol, tobacco and gambling to prevent addiction and protect consumers from harm; whereas problematic smartphone or internet use has been linked to lower life satisfaction and mental health symptoms such as depression, low self-esteem, body-image disorders, eating disorders, anxiety, high levels of perceived stress, neglect of family and friends, loss of self-control, lack of sleep and obsessive-compulsive symptoms, such as compulsive buying among young adults; whereas heavy users of digital media are twice as likely to have mental- health issues, including risk factors for suicide and self-harm; whereas children and young people are more vulnerable to these symptoms; whereas mental-health conditions established in childhood can shape an individual’s subsequent life course; whereas excessive internet use is associated with problems with daily obligations, declining grades, poor school and academic performance or poor job performance; whereas the prevalence of digital addictions and its association with symptoms of common mental disorders is a growing public health problem and as such, it should be a concern to policy makers; whereas further research should develop a consensus regarding the most appropriate diagnostic criteria and determine risk factors for different digital addictions.

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital C a (new)

Ca. whereas all online services and products that are likely to be accessed by children should be designed with the best interests of the child as a primary consideration; whereas certain online addictive services and products can be highly risky, addictive, or otherwise harmful for children, including due to the combined impact of several features or their cumulative impact over time;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital E

E. whereas addictive design can be seen to have a negative impact on everyone, not just individuals showing problematic usage patterns; whereas addictive design, especially of smartphones and social media, makes it hard to focus on the task in hand owing to distractions such as messages and notifications constantly disrupting peoples’ concentration, even at school or while driving; whereas the addictive design of online services leads to increased pressure to perform and social pressure to be permanently online and connected, increasing the risk of stress and burnout; whereas consumers online are increasingly confronted with an information overload and excessive sensorial stimuli throughout the day, constraining their cognitive ability, and user interfaces offer only limited control over their data; whereas the time people spend behind screens is time not spent being active, moving, being outside, or shutting down and relaxing, all of which are associated with physical and mental well-being and which are especially crucial for children’s development; whereas adolescents who spend a small amount of time on electronic communication are generally the happiest; whereas people that stop using social media for a week experience significant improvements in well-being;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital H

H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted (endless scrolling, ~~taking a number of seconds to load your~~flashes of high-relevance content that are immediately hidden as the newsfeed reloads) and loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital H a (new)

Ha. whereas modern-day data driven services place the consumer in a weaker position creating power imbalances and digital asymmetry resulting in a universal state of digital vulnerability that results from internal and external factors beyond the control of the consumer; whereas consumers are constantly facing AI that can easily detect and exploit their vulnerabilities and services regularly changing their choice architectures to maximise conversion rates and engagement; whereas this demonstrates that vulnerability must not be restricted to 'traditionally protected' groups but must include all consumers;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital K

K. whereas the addictive design features outlined above cannot be solved simply by imposing time-limits on online services, as this approach shifts the burden onto the individual instead of addressing the core issue of the intentionally addictive design of online services for profit; whereas none of the ‘solutions’ platforms have implemented have led to a serious change or decrease in usage of online services; whereas teenagers do not readily accept parental regulation of their social media use and often find it easy to bypass any technical constraints imposed; whereas providers must have a direct responsibility to respect children’s rights in the digital environment through safety-by-design approaches, and ensuring that products and services are designed taking the best interest of the child and do not cause negative outcomes for children.

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital K a (new)

Ka. whereas the use of persuasive design strategies is linked to the prevalence of digital addiction and Very Large Online Platforms (VLOPs) often rely on persuasive design strategies to influence users and maximise the time they spend on the platform; whereas despite recent advances in European regulation of the digital sphere, existing legislation does not sufficiently address persuasive and addictive design practices.

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L

L. whereas the Digital Services Act (DSA) introduces provisions against the use of ‘dark patterns’ but these are limited to choice architecture and influences choices and do not address behavioural design that is addictive per se, moreover ~~they are limited in~~while these provisions only apply to cases not covered by the General Data Protection Regulation and the Unfair Commercial Practices Directive, they are also limited scope as they only apply to online platforms, not to all online services; whereas the AI Act4 seeks to ban AI systems that deploy subliminal features but is limited to systems that ‘are purposefully manipulative or deploy deceptive techniques’; _________________ 4 Proposal for a regulation laying down harmonised rules on artificial intelligence (artificial intelligence act) (COM(2021)0206).

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L a (new)

La. whereas the Digital Services Act (DSA) foresees more transparency for the main parameters of recommender systems, including the ability to modify or select the parameters of recommender systems; whereas Digital Services Act (DSA) introduces an obligation for Very Large Online Platforms (VLOPs) to provide users with at least one option of their recommender systems that is not based on profiling;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L b (new)

Lb. whereas the Digital Services Act (DSA) introduces an obligation for online platforms used by platforms to take appropriate and proportionate measures to protect minors, for example by designing their online interfaces or parts thereof with the highest level of privacy, safety and security for minors by default where appropriate or adopting standards for protection of minors, or participating in codes of conduct for protecting minors; whereas online platforms should not present advertisements on their interface based on profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679 using personal data of the recipient of the service when they are aware with reasonable certainty that the recipient of the service is a minor;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Recital L c (new)

Lc. whereas Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) have an obligation to conduct risk assessments under the Digital Services Act (DSA); whereas Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) should analyse how minors can be exposed through their service to content that may impair their health, physical, mental or moral development, taking into account risks that may arise, for example, in relation to the design of online interfaces which intentionally, or unintentionally exploit the weaknesses and inexperience of minors or which may cause addictive behaviour; whereas in the context of the broader concerns about the protection of children in the digital environment, there is a clear need to assess the aspects related to the commercial exploitation and the effects of commercial practices on children and young consumers;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph -1 (new)

-1. Welcomes the European Commission's 'digital fairness' fitness check of consumer law, as a unique opportunity to pave the way for a new generation of consumer protection legislation that will reverse the negative trends, which have been weakening consumers’ position and reducing consumers’ rights in a world dominated by digital technologies; to this end, calls on the European Commission for its fitness check to review the concepts and definitions in consumer law such as definition of “consumer”, “vulnerable consumer” and “trader” in order to protect consumers from harms and respond to the challenges brought about by the age of data;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph -1 a (new)

-1a. Believes that digital addiction and persuasive technologies are problems that require a comprehensive regulatory response from the EU, with a series of supportive policy initiatives, to meaningfully address digital addiction and empower citizens with the ability to determine how they use digital service and products to further their own goals and be protected against new forms of addiction and problematic uses of the internet;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 2

2. Stresses that despite its legislative efforts in the digital field, such as the Digital Services Act (DSA) or the AI Act, the issue of addictive design is not sufficiently covered in existing EU legislation, and if unaddressed could lead to further deterioration in the area of public health, especially affecting minors; considers that if the topic gets further delayed, Parliament should use its right of legislative initiative; calls on the Commission to ensure robust enforcement of all existing legislation on the matter with the highest possible degree of transparency, notably the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA);

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 3

3. Calls on the Commission to present legislation against addictive design; urges the Commission in its review of the Unfair Commercial Practices Directive5 (UCPD), Consumer Rights Directive6 and Unfair Contract Terms Directive7 (Fitness check) to pay particular attention to and tackle the growing issues around the addictive, behavioural and manipulative design of online services; _________________ 5 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22). 6 Directive 2011/83/EU of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p. 64). 7 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 3 a (new)

3a. Is of the opinion that the Unfair Commercial Practices Directive (UCPD) should integrate the concept of digital asymmetry and recognise that consumer digital vulnerability is the universal state of susceptibility and ensure that the definition of 'transactional decision' in the UCPD includes transactions where the behaviour of the consumer is connected to the revenue-earning model of the trader to captures services which monetise the attention and engagement of consumers, where the consumer pays the trader by spending their time and interacting with the service;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 3 b (new)

3b. Reiterates that horizontal consumer law must respond to the fact that digital asymmetry also affects enforcers and to this end strengthening the institutional pillars of cross-border consumer law enforcement focusing on the review and improvements to the regime governed by the Consumer Protection Cooperation Regulation is needed;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 6

6. Demands that a revision of the Unfair Commercial Practices Directive should take into account consumers’ susceptibility to the exploitation of the unequal power in the trader-consumer relationship resulting from internal and external factors beyond the consumer’s control; stresses that the autonomy of consumers should not be undermined by traders’ commercial practices, in particular the design and operation of the interface, to this end is of the opinion that Unfair Commercial Practices Directive (UCPD) should also mandate the reversal of the burden of proof placed on the trader to demonstrate compliance in cases of power asymmetries and a duty of care on the part of the trader to ensure a high level of consumer protection and a horizontal principle of fairness by design of digital products and services;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 7 a (new)

7a. Believes that consumers should be granted the right to meaningful personalisation that would afford them effective control over the recommendations they are shown by content recommender systems and the right to receive non-personalised offers, and to receive only such product and service offers and content recommendations which are not based on algorithmic personalisation techniques;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 7 b (new)

7b. Believes that any response at the EU level should aim to create meaningful consultation, cooperation, and collaboration with and between stakeholders, particularly lawmakers, public health bodies, and media regulators, companies, consumer organisations and NGOs; Stresses that stakeholders must work collaboratively to develop, assess and take regulative actions to prevent and minimize the harm associated with problematic online behaviours; Furthermore, believes that the broad use of educational guidelines and prevention plans, as well as awareness-raising campaigns, should promote self-control strategies to help individuals develop safer online behaviours and new healthy habits;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 9 a (new)

9a. Strongly believes that providers should move away from platform features that encourage a focus on monopolising users’ attention, including personalised advertising and continuous streams of content to help users autonomously choose what content they wish to engage with, and limit the ability of social media platforms; support developing, implementing and evaluating in-app functions that might support users’ self- control, such as warning messages or developing, implementing, and evaluating awareness campaigns concerning potential risks resulting from problematic online behaviours;

2023/09/22
Committee: IMCO

2023/2043(INI)

Alex AGIUS SALIBA, Maria-Manuel LEITÃO-MARQUES, René REPASI, Marc ANGEL, Laura BALLARÍN CEREZA

Motion for a resolution
Paragraph 10

10. Stresses the significant impact of addictive design on children and youngsters and calls on the Commission to make additional international efforts to regulate addictive design online in this regard; and the need to develop and implement regulatory instruments and industry standards on safety by design digital services and products for children which can foster compliance with children’s rights;

2023/09/22
Committee: IMCO

2023/0373(COD)

Miapetra KUMPULA-NATRI, Laura BALLARÍN CEREZA, Andris AMERIKS

Proposal for a regulation
Recital 32

(32) MAs micro, small and medium-sized enterprises (SMEs) inaccount for an important share of the pellet supply chain, they should comply with the relevant obligations laid down in this Regulation, ~~however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commission~~while taking into consideration the possible different challenges in compliance and the possible proportionally higher costs. The Commission and the competent authorities should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission and the competent authorities should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to to all personnel handling pellets in the SMEs. Member States actions should be taken in respect of applicable State aid rules.

2023/12/12
Committee: ITRE

2023/0373(COD)

Miapetra KUMPULA-NATRI, Laura BALLARÍN CEREZA, Andris AMERIKS

Proposal for a regulation
Article 12 – paragraph 1

1. ~~The Commission~~By 6 months after the entry into force of this Regulation the Commission and the competent authorities shall develop awareness raising and training material on the sound implementation of the obligations laid down in this Regulation. This shall be done based on the non-binding Recommendation adopted by the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) in consultation with representatives of economic operators, carriers, and certifiers, including micro, small and medium-sized enterprises ~~and in collaboration with competent authoritie~~, social partners, civil society representatives and non-governmental organisations.

2023/12/12
Committee: ITRE

2023/0373(COD)

Miapetra KUMPULA-NATRI, Laura BALLARÍN CEREZA, Andris AMERIKS

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 – point a

(a) financial support including through fiscal incentives;

2023/12/12
Committee: ITRE

2023/0373(COD)

Miapetra KUMPULA-NATRI, Laura BALLARÍN CEREZA, Andris AMERIKS

Proposal for a regulation
Article 12 – paragraph 3

3. Member States shall strongly encourage training programmes for the qualification of certifiers’ personnel.

2023/12/12
Committee: ITRE

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Recital 11

(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 ~~calendar~~working days both in B2B transactions and G2B transactions, where the public authority is the debtor. Electronic invoicing can be a helpful tool in this regard, as it would help creditors prove the date of receipt of the invoice in case of doubt or dispute.

2023/12/18
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Recital 11

(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 ~~calendar~~working days both in B2B transactions and G2B transactions, where the public authority is the debtor. Electronic invoicing can be a helpful tool in this regard, as it would help creditors prove the date of receipt of the invoice in case of doubt or dispute.

2023/12/18
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Recital 11 a (new)

(11a) Public authorities in particular should set an example of due payments for the rest of economic actors.

2023/12/18
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Recital 11 a (new)

(11a) Public authorities in particular should set an example of due payments for the rest of economic actors.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA

Proposal for a regulation
Recital 12

(12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 . It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in national law where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In those cases where the date of receipt of the invoice is difficult to prove by one of the parties, the debtor shall make the payment for the goods or services within 30 days upon reception from the creditor of the goods and/or services that are object of the commercial transaction. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification. __________________ 43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA

Proposal for a regulation
Recital 12

(12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 . It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in national law where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In those cases where the date of receipt of the invoice is difficult to prove by one of the parties, the debtor shall make the payment for the goods or services within 30 days upon reception from the creditor of the goods and/or services that are object of the commercial transaction. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification. __________________ 43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Recital 14

(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives~~. Particularly~~ introducing effective measures to discourage not only late payment by public authorities, but also the awarding of contracts to companies that do not pay on time and in the manner prescribed by this Regulation. Furthermore, in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Recital 14

(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives~~. Particularly~~ introducing effective measures to discourage not only late payment by public authorities, but also the awarding of contracts to companies that do not pay on time and in the manner prescribed by this Regulation. Furthermore, in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Recital 23

(23) To guarantee full payment of the amount due, ~~it is important to ensure that~~retention of title can be agreed for specific goods such as slow moving or seasonal goods. In such agreements, the seller retains the title to goods until they are fully paid for, if a retention of title has been expressly agreed between the buyer and the seller before the delivery of the goods.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Recital 23

(23) To guarantee full payment of the amount due, ~~it is important to ensure that~~retention of title can be agreed for specific goods such as slow moving or seasonal goods. In such agreements, the seller retains the title to goods until they are fully paid for, if a retention of title has been expressly agreed between the buyer and the seller before the delivery of the goods.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1a. This Regulation shall not apply to consignment agreements.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1a. This Regulation shall not apply to consignment agreements.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 2 – paragraph 1 – point 3

(3) ‘late payment’ means payment not made within the contractual or statutory payment period as set out in Article 3 or a delay as set out in Article 5(1);

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 2 – paragraph 1 – point 3

(3) ‘late payment’ means payment not made within the contractual or statutory payment period as set out in Article 3 or a delay as set out in Article 5(1);

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)

(9a) ‘means of payment’ means the instrument used to settle the invoice, which will not entail a cost to the creditor as set out in Article 3(2).

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)

(9a) ‘means of payment’ means the instrument used to settle the invoice, which will not entail a cost to the creditor as set out in Article 3(2).

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA

Proposal for a regulation
Article 3 – paragraph 1

1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. Where the date of the receipt of the invoice or the equivalent request for payment is uncertain, the payment period shall be 30 calendar days after the date of receipt of the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA

Proposal for a regulation
Article 3 – paragraph 1

1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. Where the date of the receipt of the invoice or the equivalent request for payment is uncertain, the payment period shall be 30 calendar days after the date of receipt of the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.

2023/12/18
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Notwithstanding the rights and obligations conferred by this Regulation, the provisions of this Article shall not apply to contracts of consignment where a consignment contract refers to an agreement wherein a seller (consignor) entrusts goods to an individual or entity (consignee) for the purpose of selling them. The consignee, upon selling the goods, shall remit the agreed-upon price to the consignor, deducting an agreed-upon commission. Any unsold goods may be returned to the consignor, as stipulated in the consignment agreement. This exemption from this Regulation is specific to contracts of consignment and does not affect the applicability of other relevant laws or regulations.

2023/12/18
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Notwithstanding the rights and obligations conferred by this Regulation, the provisions of this Article shall not apply to contracts of consignment where a consignment contract refers to an agreement wherein a seller (consignor) entrusts goods to an individual or entity (consignee) for the purpose of selling them. The consignee, upon selling the goods, shall remit the agreed-upon price to the consignor, deducting an agreed-upon commission. Any unsold goods may be returned to the consignor, as stipulated in the consignment agreement. This exemption from this Regulation is specific to contracts of consignment and does not affect the applicability of other relevant laws or regulations.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. No means of payment for goods or services shall be used to alter the payment period.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. No means of payment for goods or services shall be used to alter the payment period.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 3 – paragraph 2

2. A procedure of acceptance or verification may be ~~exceptionally~~ provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 3 – paragraph 2

2. A procedure of acceptance or verification may be ~~exceptionally~~ provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 4 – paragraph 1

1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that~~, where applicable,~~ they have paid their direct subcontractors involved in the execution of the contract within the deadlines ~~and under the conditions set out in~~set out in Article 3 of this Regulation. The evidence ~~may~~shall take the form of a written declaration, which will include a certificate stating the date of receipt of payment by the subcontractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.

2023/12/18
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 4 – paragraph 1

1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that~~, where applicable,~~ they have paid their direct subcontractors involved in the execution of the contract within the deadlines ~~and under the conditions set out in~~set out in Article 3 of this Regulation. The evidence ~~may~~shall take the form of a written declaration, which will include a certificate stating the date of receipt of payment by the subcontractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.

2023/12/18
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. The following contractual terms and practices shall be prohibited. Any such terms and practices shall be null and void:

2023/12/15
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 10 – paragraph 1

A ~~credito~~seller shall retain title to goods until they are fully paid for if a retention of title such as consignment agreements or deposit of goods has been expressly agreed between the ~~debto~~buyer and the ~~credito~~seller before the delivery of the goods. Pursuant to Article 1(5), contracts in which a retention of title has been expressly agreed are not subject to the payment terms established under Article 3 of this Regulation.

2023/12/15
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 13 – paragraph 1

1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’). Member States shall provide this authority with appropriate human, technical and financial resources to carry out its tasks and enforce its powers efficiently.

2023/12/15
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 13 – paragraph 3

3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension. The Commission shall oversee the effective cooperation of the enforcement authorities.

2023/12/15
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 13 – paragraph 4

4. Enforcement authorities shall coordinate their activities including through exchange of information with other authorities responsible for enforcing other Union or national legislation ~~including through exchange of information obligations~~as well as with those authorities responsible for the allocation of public funds, in order not to grant such funds to undertakings which are not in conformity with the payment terms set out in Article 3.

2023/12/15
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 15 – paragraph 1

1. Creditors may address complaints either to the enforcement authority of the Member State in which they are established or to the enforcement authority of the Member States in which the debtor is established. The enforcement authority to which the complaint is addressed shall be competent to enforce this Regulation. The enforcement authority shall notify the creditor filing a complaint within 60 calendar days how it intends to follow up on the complaint.

2023/12/15
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 15 – paragraph 3

3. ~~Where the complainant so requests, t~~The enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant shall identify any information for which it requests confidentiality.

2023/12/15
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 15 – paragraph 7 a (new)

7a. European Commission shall design, through an implementing act, a standard complaint form available in all EU languages that shall be available on the website or otherwise provided by the enforcement authority in every Member State.

2023/12/15
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 17 – paragraph 2

2. Member States shall ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.

2023/12/15
Committee: IMCO

2023/0323(COD)

Tsvetelina PENKOVA, Maria GRAPINI, Brando BENIFEI, René REPASI, Laura BALLARÍN CEREZA

Proposal for a regulation
Article 17 a (new)

Article 17a European Observatory of late payment 1. The Commission shall set up an Observatory of Late Payment (The Observatory) by ... [OP: date of application of this Regulation]. 2. The Observatory shall monitor payment as well as late payment practices within the Union in order to collect and share expertise, best practices and identify potential harmful practices with a view to provide the Commission with advice and expertise on the evolution of payment and late payment practices. 3. The Observatory shall be able to issue opinions or written contributions related to the implementation of this Regulation. 4. The Observatory shall be chaired by the Commission and shall be composed of representatives of relevant experts and stakeholders. The composition of the board shall ensure a balanced representation of all interested stakeholders.

2023/12/15
Committee: IMCO

2023/0323(COD)

Laura BALLARÍN CEREZA, Tsvetelina PENKOVA

Proposal for a regulation
Article 18 – paragraph 1

By [OP: please insert the date = 43 years after the entry into force of this Regulation], ~~the Commission~~and 2 years thereafter, the Commission, with the input of the EU Payment Observatory, shall submit a report on the implementation of this Regulation to the European Parliament and the Council.

2023/12/15
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 2

(2) Children are a particularly vulnerable group. ~~It is~~The UN Convention on the Rights of the Child recognises the right of all children to have the best possible start in life, to grow up healthy, and to develop to their full potential. Such a right should be enjoyed by all children, without the risk of being exposed to harmful substances while using toys. It is therefore essential to ensure a high level of safety of children when playing with toys. Children should be adequately protected from possible risks stemming from toys, ~~in particular~~such as those stemming from the chemical substances that toys may contain. At the same time, compliant toys should be able to move freely across the internal market without additional requirements.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 6

(6) Toys are also subject to Regulation (EU) 2023/988 on general product safety25 , which applies in a complementary manner in matters not covered by specific sectoral legislation on consumer products. In particular, Section 2 of Chapter III and Chapter IV in relation to online sales, Chapter VI on the Safety Gate Rapid Alert System and Safety Business Gateway and Chapter VIII on the right of information and remedy also apply to toys. Therefore, this Regulation does not include specific provisions on ~~distance and online sales,~~ accident reporting by economic operators and the right of information and remedy but rather requires economic operators providing information on safety issues concerning toys to inform authorities and consumers in accordance with the procedures set out in Regulation (EU) 2023/988. _________________ 25 OJ L 11, 15.1.2002, p. 4.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 13

(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity to ensure that the safety of children is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use and misuse, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 14

(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 and Regulation [insert serial number for Regulation on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020]. Toys which include artificial intelligence as a safety component are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation and insert the number, date, title and OJ reference of that Regulation in the footnote.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 15

(15) Toys should comply with physical and mechanical requirements that prevent children from getting physically injured when playing with toys and should not pose a risk of choking or suffocation to children. In order to protect children from the risk of impaired hearing, maximum values should be set out for both impulse noise and continuous noise emitted by toys. Toys or their parts and their packaging which can be reasonably expected to be brought into contact with food or to transfer their constituents to food under normal or foreseeable conditions of use and misuse are subject to Regulation (EC) No 1935/2004 of the European Parliament and of the Council32 . In addition, it is appropriate to lay down specific safety requirements to cover the potential specific hazard presented by toys in food, since the association of a toy and food could cause a risk of choking which is distinct from the risks presented by the toy alone and which is, therefore, not covered by any specific measure at Union level. Toys should also ensure sufficient protection as regards flammability or electric properties, in particular to prevent burns or electric shocks. Moreover, toys should meet certain hygiene standards to avoid microbiological risks or other risks of infection or contamination. _________________ 32 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 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).

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 19

(19) The use of nickel in stainless steel and in components that transmit electric current has been considered safe in toys by the Scientific Committee on Health, Environment and Emerging risks and should be allowed. Other substances that are necessary to transmit electric current should be permitted in toys to allow for the making available of electric toys only if such substances are completely inaccessible for a child playing with the toy and therefore ~~do not present a~~are presumed as not presenting a substantial risk.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 21

(21) Existing limit values for certain chemical substances and their corresponding test methods have proven to be appropriate for the protection of children as regards those substances and should be maintained. In order to adapt to new scientific knowledge, the Commission should be empowered to revise those limit values where necessary. Limit values for arsenic, cadmium, chromium VI, lead, mercury and organic tin, which are particularly toxic and which should therefore not be ~~intentionally~~ used in toys, should be set out at half the values that are considered safe by the relevant scientific body, in order to ensure that only traces that are compatible with good manufacturing practice and with the health and safety of the child throughout his or her development are present in the toy.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 25

(25) To prevent misuse of warnings to circumvent the applicable safety requirements, the warnings provided for certain categories of toy should not be allowed if they conflict with the intended use of the toy. To ensure that supervisors are aware of any risks associated with the toy, it is necessary to ensure that the warnings are ~~legible and visible~~clearly intelligible, legible and visible. Minimum requirements on important parameters such as font size, distance and contrast should therefore be laid down.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 25

(25) To prevent misuse of warnings to circumvent the applicable safety requirements, the warnings provided for certain categories of toy should not be allowed if they conflict with the intended use of the toy. To ensure that supervisors are aware of any risks associated with the toy, it is necessary to ensure that the warnings are clearly intelligible, legible and visible.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 31

(31) To facilitate compliance of the manufacturers with their obligations under this Regulation~~, manufacturers should be allowed to appoint an authorised representativ~~ and to make sure they are always traceable, manufacturers established outside the Union should always appoint an authorised representative, and manufacturers established in the Union should be allowed to appoint one to carry out specific tasks on their behalf. Moreover, to ensure a clear and proportionate distribution of tasks between the manufacturer and the authorised representative, it is necessary to set out a list of tasks that manufacturers should be allowed to entrust the authorised representative with. Further, to ensure the enforceability and compliance with this Regulation, where a manufacturer established outside the Union appoints an authorised representative, the mandate should include the tasks set out in Article 4 of Regulation (EU) 2019/1020.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 32

(32) Economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that the toys they place on the market do not ~~jeopardise~~pose risks to the safety and health of children under normal and reasonably foreseeable conditions of use and misuse, and that they make available on the market only toys which comply with the relevant Union legislation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 33

(33) It is necessary to ensure that toys from third countries entering the Union market comply with all applicable Union requirements, and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those toys. Importers should therefore ensure that the toys they place on the market comply with the applicable requirements, that conformity assessment procedures have been carried out and that ~~product~~CE marking and technical documentation drawn up by manufacturers are available for inspection by the competent market surveillance authorities.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 34 a (new)

(34 a) With regard to distance and online sales, this Regulation complements Regulation (EU) 2023/988 and Regulation (EU) No 2019/1020. Where there is no economic operator in the Union within the meaning of Article 4(1) of Regulation (EU) No 2019/1020, the online marketplace shall be considered to be the importer responsible for the conformity of the toys sold to consumers located in the Union, and thereby take on the importer’s responsibilities for the purposes of this Regulation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 35

(35) As the distributor makes a toy available on the market after the toy has been placed on the market by the manufacturer or the importer, the distributor should ~~act with due care to~~ ensure that the handling of the toy does not adversely affect the compliance of that toy with this Regulation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 37

(37) Economic operators that either place a toy on the market under their own name or trademark or modify a toy in such a way that compliance with applicable requirements of this Regulation may be affected, should be considered to be manufacturers for the purposes of this Regulation and should assume the obligations of manufacturers.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 39

(39) In order to facilitate the assessment of conformity with the requirements of this Regulation it is necessary to provide for a presumption of conformity for toys which are in conformity with the applicable harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council36 and published in the Official Journal of the European Union. _________________ 36 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 40

(40) In the absence of relevant harmonised standards, the Commission should be empowered to adopt implementing acts setting out common specifications for the essential requirements of this Regulation, provided that in doing so it duly respects the standardisation organisations’ role and functions, as an exceptional fall back solution to facilitate the manufacturer’s obligation to comply with the essential requirements, when the standardisation process is blocked, when the standards are insufficient or when there are delays in the establishment of appropriate harmonised standards.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 42

(42) Manufacturers should create a digital product passport to provide information on the compliance of toys with this Regulation and with any other Union legislation applicable to toys. The product passport should replace the EU declaration of conformity under Directive 2009/48/EC and include the elements necessary to assess the conformity of the toy with the applicable requirements and harmonised standards or other specifications. In order to facilitate checks on toys by market surveillance authorities and to allow the actors in the supply chain and consumers to access information on the toy, the information on the product passport should be provided digitally and in a directly accessible manner, through a data carrier affixed to the toy, its packaging or the accompanying documentation. Market surveillance authorities, customs authorities, economic operators and consumers should have immediate access to the information on the toy through the data carrier.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 56

(56) To ensure that toys comply with the essential requirements, it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer. Internal production control based on the manufacturer’s own responsibility for the conformity assessment is adequate where it has followed the harmonised standards, the reference of which has been published in the Official Journal of the European Union, or common specifications covering all the particular safety requirements for the toy. In cases where such harmonised standards or common specifications do not exist, the toy should be submitted to third party verification, in this case EU-type examination. The same should apply if one or more such standards has been published with a restriction in the Official Journal of the European Union, or if the manufacturer has not followed such standards or specifications completely, or only in part. TIn addition, the manufacturer should submit the toy to EU-type examination in cases where it considers that the nature, design, construction or purpose of the toy necessitates third party verification.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 60

(60) Conformity assessment bodies frequently subcontract parts of their activities linked to the assessment of conformity or have recourse to a subsidiary. In order to safeguard the level of protection required for toys to be placed on the market, it is essential that conformity assessment subcontractors and subsidiaries fulfil the same requirements as notified bodies in relation to the performance of conformity assessment tasks. Therefore, it is important that the assessment of the competence and the performance of bodies to be notified, and the monitoring of bodies already notified, cover also activities carried out by subcontractors and subsidiaries. In particular, Member States should take appropriate corrective measures as provided for in Regulation (EC) No 765/2008 in cases where a conformity assessment body would have excessive recourse to subsidiaries and subcontractors, in a manner that would call into question the competence of the notified body or its supervision by the notifying authority ~~should be avoided~~.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 68

(68) In order to take into account technical and scientific progress or new scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Regulation by adapting the specific warnings to be affixed on toys, adopting specific requirements concerning chemical substances in toys and granting or removing derogations to include specific uses allowed in toys of substances subject to generic prohibitions.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 71

(71) When adopting delegated acts under this Regulation, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert and stakeholder level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making40 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 40 OJ L 123, 12.5.2016, p. 1.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Recital 72

(72) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to establish the detailed technical requirements for the product passport for toys, and to determine whether a specific product or group of products is to be considered a toy for the purposes of this Regulation. In exceptional cases where it is necessary in order to address new emerging risks that are not appropriately addressed by the particular safety requirements, the Commission should be empowered to adopt ~~implementing~~delegated acts setting out specific measures against toys or categories of toys made available on the market which present a risk for children. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council41 . _________________ 41 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 1 – paragraph 1 a (new)

This Regulation shall be applied taking due account of the precautionary principle.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 2 – paragraph 3

3. The Commission shall be empowered to adopt ~~implementing~~delegated acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those ~~implementing~~delegated acts shall be adopted in accordance with the procedure set out in Article ~~50(2)~~47.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 3 – paragraph 1 – point 8

(8) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor ~~and~~, the fulfilment service provider and the online marketplace;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 3 – paragraph 1 – point 23 a (new)

(23 a) ‘harm’ means physical injury or any other damage to health, including mental health or long-term health effects;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 3 – paragraph 1 – point 32

(32) ‘chemical toy’ means a toy intended for the direct handling of chemical substances and mixtures and which is used in a manner appropriate to a given age-group and under the supervision of an adult;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 4 – paragraph 2

2. At trade fairs, exhibitions and demonstrations or similar events, Member States shall not prevent the display of a toy which does not comply with this Regulation, provided that a visible sign clearly indicates that the toy does not comply with this Regulation and will not be available on the market until it has been brought into conformity. During fairs, exhibitions and demonstrations, adequate measures shall be taken by economic operators to ensure the protection of persons.deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1

At trade fairs, exhibitions and demonstrations or similar events, Member States shall not prevent the display of a toy which does not comply with this Regulation, provided that a visible sign clearly indicates that the toy does not comply with this Regulation and will not be available on the market until it has been brought into conformity.deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2

~~During fairs, exhibitions and demonstrations, adequate measures shall be taken by economic operators to ensure the protection of persons.~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

Warnings shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance sales. Warnings shall be of sufficient size to ensure their visibility and legibility. In particular, warnings shall have the following characteristics: a) they shall stand out clearly from the background; b) a single font shall be used that is easily legible and without serifs; c) the x-height of the font size shall be equal to or greater than 1,4 mm; d) the distance between two lines shall be appropriate for the selected font size to be easily legible; e) the letter spacing shall be appropriate for the selected font to be easily legible.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 3

3. Manufacturers shall keep the technical documentation and the product passport for a period of at least 10 years after the last model of toy covered by that documentation and product passport has been placed on the market.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

When ~~manufacturers,~~deemed appropriate with regard to the risks presented by a toy, ~~consider it necessary~~ for the protection of health and safety of consumers, manufacturers shall, carry out sample testing of marketed toys.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 5

5. Manufacturers shall ensure that toys bear a type, batch, serial or model number or other element allowing their identification, and which is easily visible and legible for consumers or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1

Where manufacturers consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with th~~is Regu~~e applicable Union harmonisation legislation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – point a

(a) the market surveillance authorities of the Member States in which they have made the toy available, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988, giving details, in particular, of ~~any non- compliance~~the risks to the health and safety to consumers and of any corrective measures taken; and

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 8 – paragraph 1

1. ~~A manufacturer may appoint an authorised representative by written mandat~~Prior to making a toy available on the Union market, manufacturers established outside the Union shall appoint an authorised representative by written mandate. A manufacturer established in the Union may also appoint one.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 8 – paragraph 3 – point -a (new)

(-a) verify that the product passport and the technical documentation have been drawn up and that an appropriate conformity assessment procedure has been carried out by the manufacturer;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 8 – paragraph 3 – point a

(a) keep the technical documentation at the disposal of national surveillance authorities and ensure that the product passport is available, in accordance with Article 17(2), for a period of at least 10 years after the last model of the toy covered by those documents has been placed on the market;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 8 – paragraph 3 – point b

(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy in an official language which can be easily understood by that authority;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 8 – paragraph 3 – point b a (new)

(b a) where the authorised representative considers or has reason to believe that a toy poses risks to the health and safety or is otherwise non-compliant with this Regulation, inform the manufacturer thereof;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2

Where importers consider, or have reason to believe, that a toy is not in conformity with the essential safety requirements, they shall ~~not~~inform the manufacturer and refrain from placeing the toy on the market until it has been brought into conformity by the manufacturer.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2

Where importers consider, or have reason to believe, that a toy that they have placed on the market presents a risk to health and safety of consumers and other end-users, they shall immediately inform the manufacturer, the competent national authorities of the Member States in which they made the toy available to that effect, the online matrkeplace, giving details, in particular, of the ~~non-compliance~~risk to health and safety of consumers and of any corrective measures taken.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 9 – paragraph 7

7. Importers shall, for a period of at least 10 years after the last model of the toy has been placed on the market, keep the unique product identifier of the toy at the disposal of the market surveillance authorities and ensure that the technical documentation referred to in Article 23 can be made available to those authorities, upon request.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 9 – paragraph 11 a (new)

11 a. Where no importer, distributor or authorised representative can be identified and the toy is made available through an online marketplace, the provider of that online marketplace shall be considered the importer for the purposes of this Regulation and therefore be subject to the same obligations as the importer as set out in this article.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 10 – paragraph 1

1. ~~When making a toy available on the market, distributors shall act with due care in relation to the requirements of~~Distributors shall only make available on the market toys complying with this Regulation.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2

Where distributors consider, or have reason to believe, that a toy is not in conformity with the essential safety requirements, they shall ~~not make~~inform the manufacturer and refrain from making the toy available on the market until it has been brought into conformity by the manufacturer.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 11 – title

Cases in which obligations of manufacturers apply to ~~importers and distribu~~other economic operators

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 11 – paragraph 1

An importer or, a distributor or a provider of an online marketplace shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 7, where such importer or, distributor or provider of an online marketplace places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 2 – point b

(b) state that compliance of the toy with the requirements set out in Union legislation applicable to toys and in particular this Regulation and, in particular, the essential safety requirements, has been demonstrated;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 2 – point b

(b) state that compliance of the toy with the requirements set out in Union legislation applicable to toys and in particular this Regulation and, in particular, the essential safety requirements, has been demonstrated;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 2 – point d

(d) be kept up to date;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 2 – point d

(d) be kept up to date;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 2 – point g

(g) be available for a period of at least 10 years after the ~~toy~~last toy model is placed on the market, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 2 – point g

(g) be available for a period of at least 10 years after the ~~toy~~last toy model is placed on the market, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 5

5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier ~~may alternatively~~shall be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. It shall also be accompanied by the statement “More information on the product is available on the website of the manufacturer” or by a similar statement.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 17 – paragraph 5

5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier ~~may alternatively~~shall be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. It shall also be accompanied by the statement “More information on the product is available on the website of the manufacturer” or by a similar statement.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 18 – paragraph 2

2. All information included in the product passport shall be based on open standards developed with an interoperable format and shall be machine readable, structured and searchable. The product passport shall be designed and operated in an accessible manner, and incorporate the principle of security and privacy by design.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 18 – paragraph 2

2. All information included in the product passport shall be based on open standards developed with an interoperable format and shall be machine readable, structured and searchable. The product passport shall be designed and operated in an accessible manner, and incorporate the principle of security and privacy by design.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 18 – paragraph 3 a (new)

3 a. Consumers shall not be requested to register, download, or to provide a password to access the product passport. A functionality shall allow consumers to place alerts about toys that present a risk to their health and safety through a separate section of the Safety Gate Portal pursuant to Article 34(3) of Regulation EU/2023/988.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 18 – paragraph 3 a (new)

3 a. Consumers shall not be requested to register, download, or to provide a password to access the product passport. A functionality shall allow consumers to place alerts about toys that present a risk to their health and safety through a separate section of the Safety Gate Portal pursuant to Article 34(3) of Regulation EU/2023/988.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 18 – paragraph 6

6. Economic operators ~~may~~shall not track, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the product passport online. End-users shall not be required to install any software, register or otherwise process personal data to access the digital product passport online.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 18 – paragraph 6

6. Economic operators ~~may~~shall not track, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the product passport online. End-users shall not be required to install any software, register or otherwise process personal data to access the digital product passport online.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point c a (new)

(c a) assess the risks, including to mental health, that may emerge when the toy is used in accordance with its intended purpose and under conditions of reasonably foreseeable misuse.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point c a (new)

(c a) assess the risks, including to mental health, that may emerge when the toy is used in accordance with its intended purpose and under conditions of reasonably foreseeable misuse.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 22 – paragraph 3 – point d a (new)

(d a) toys for children under 36 months which contain chemical mixtures;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 22 – paragraph 3 – point d a (new)

(d a) toys for children under 36 months which contain chemical mixtures;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 22 – paragraph 3 – point d b (new)

(d b) connected toys or toys that make use of artificial intelligence systems as defined in Regulation xxx.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 22 – paragraph 3 – point d b (new)

(d b) connected toys or toys that make use of artificial intelligence systems as defined in Regulation xxx.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 41 – paragraph -1 (new)

-1. Market surveillance authorities of the Member States shall perform their activities taking due account of the precautionary principle.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 41 – paragraph -1 (new)

-1. Market surveillance authorities of the Member States shall perform their activities taking due account of the precautionary principle.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 46 – paragraph 5

5. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Annex I and III in order to adapt it to technical and scientific progress.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 46 – paragraph 5

5. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Annex I and III in order to adapt it to technical and scientific progress.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 47 – paragraph 2

2. The power to adopt delegated acts referred to in Article 46 shall be conferred on the Commission for ~~an indeterminate~~five years from … [the date of entry into force of the Regulation].The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of ~~time~~an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 47 – paragraph 2

2. The power to adopt delegated acts referred to in Article 46 shall be conferred on the Commission for ~~an indeterminate~~five years from … [the date of entry into force of the Regulation].The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of ~~time~~an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 47 – paragraph 6

6. Delegated acts adopted pursuant to Article 46 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by twohree months at the initiative of the European Parliament or of the Council.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 47 – paragraph 6

6. Delegated acts adopted pursuant to Article 46 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by twohree months at the initiative of the European Parliament or of the Council.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 51 – paragraph 1 – point b a (new)

(b a) the effective implementation of this Regulation, in particular for the purpose of inspections, investigations or audits;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 51 – paragraph 1 – point b a (new)

(b a) the effective implementation of this Regulation, in particular for the purpose of inspections, investigations or audits;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 54 – paragraph 1

1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 4230 months after the date of entry into force of this Regulation].

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 54 – paragraph 1

1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 4230 months after the date of entry into force of this Regulation].

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 54 – paragraph 2

2. Chapter VII and 5.1 of this Regulation shall apply mutatis mutandis instead of Article 42, 43 and 45 of Directive 2009/48/EC to toys which were placed on the market in conformity with that Directive before … [PO insert date: the first day of the month following 3012 months after the date of entry into force of this Regulation], including toys for which a procedure has already been initiated under Article 42 or 43 of Directive 2009/48/EC before … [PO insert date: the first day of the month following 3012 months after the date of entry into force of this Regulation].

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 54 – paragraph 2

2. Chapter VII and 5.1 of this Regulation shall apply mutatis mutandis instead of Article 42, 43 and 45 of Directive 2009/48/EC to toys which were placed on the market in conformity with that Directive before … [PO insert date: the first day of the month following 3012 months after the date of entry into force of this Regulation], including toys for which a procedure has already been initiated under Article 42 or 43 of Directive 2009/48/EC before … [PO insert date: the first day of the month following 3012 months after the date of entry into force of this Regulation].

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 54 – paragraph 3

3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 4230 months after the date of entry into force of this Regulation], unless they expire before that date.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 54 – paragraph 3

3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 4230 months after the date of entry into force of this Regulation], unless they expire before that date.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 55 – paragraph 1

1. By … [OP please insert the date = the first day of the month following 360 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 55 – paragraph 1

1. By … [OP please insert the date = the first day of the month following 360 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 56 – paragraph 2

It shall apply from … [OP please insert the date = the first day of the month following 3024 months after the date of entry into force of this Regulation].

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Article 56 – paragraph 2

It shall apply from … [OP please insert the date = the first day of the month following 3024 months after the date of entry into force of this Regulation].

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 3

3. sports equipment, including roller skates, inline skates, ~~and~~ skateboards, scooters and other means of transport intended for children with a body mass of more than 20 kg;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 3

3. sports equipment, including roller skates, inline skates, ~~and~~ skateboards, scooters and other means of transport intended for children with a body mass of more than 20 kg;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 5

~~5. scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways;~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 5

~~5. scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways;~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 8

~~8. puzzles with more than 500 pieces;~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 8

~~8. puzzles with more than 500 pieces;~~deleted

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 15

15. interactive software, intended for leisure and entertainment, ~~such as computer games, and their storage media~~and their storage media, unless the interactive software is either specifically designed for and targeted at children or can be reasonably expected to be played by children, such as computer and smartphone games;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex I – Part II – point 15

15. interactive software, intended for leisure and entertainment, ~~such as computer games, and their storage media~~and their storage media, unless the interactive software is either specifically designed for and targeted at children or can be reasonably expected to be played by children, such as computer and smartphone games;

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part I – point 9

9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing. The maximum values shall not exceed half of those set in Directive 2003/10/ EEC.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part I – point 9

9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing. The maximum values shall not exceed half of those set in Directive 2003/10/ EEC.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part III – point 2

2. Toys that are themselves substances or mixtures, such as fingerpaint or modeling clay, shall comply also with Regulation (EC) No 1272/2008 as well as with the labelling requirements laid down in Regulation (EC) No 1223/2009.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part III – point 2

2. Toys that are themselves substances or mixtures, such as fingerpaint or modeling clay, shall comply also with Regulation (EC) No 1272/2008 as well as with the labelling requirements laid down in Regulation (EC) No 1223/2009.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part III – point 8

8. Cosmetic toys, such as play cosmetics for dolls or children, shall comply with the compositional and labelling requirements laid down in Regulation (EC) No 1223/2009 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part III – point 8

8. Cosmetic toys, such as play cosmetics for dolls or children, shall comply with the compositional and labelling requirements laid down in Regulation (EC) No 1223/2009 of the European Parliament and of the Council43 . _________________ 43 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part V – point 2

2. A toy intended for use by children under 36 months or intended to be put in the mouth shall be designed and manufactured in such a way that it can be cleaned. A textile toy shall, to this end, be washable, except if it contains a mechanism that may be damaged if soak washed. The toy shall fulfil the safety requirements also after having been cleaned in accordance with this point and the manufacturer’s instructions.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part V – point 2

2. A toy intended for use by children under 36 months or intended to be put in the mouth shall be designed and manufactured in such a way that it can be cleaned. A textile toy shall, to this end, be washable, except if it contains a mechanism that may be damaged if soak washed. The toy shall fulfil the safety requirements also after having been cleaned in accordance with this point and the manufacturer’s instructions.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part A – point 2 a (new)

2 a. Toys shall not contain per- and polyfluorinated alkyl substances (PFASs) and bisphenols, unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed the limit of detection in the homogeneous material.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part A – point 2 a (new)

2 a. Toys shall not contain per- and polyfluorinated alkyl substances (PFASs) and bisphenols, unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed the limit of detection in the homogeneous material.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part A – point 3 a (new)

3 a. Toys intended for use by children under 36 months or toys intended to be placed in the mouth shall not contain any fragrances.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part A – point 3 a (new)

3 a. Toys intended for use by children under 36 months or toys intended to be placed in the mouth shall not contain any fragrances.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part A – point 4 – introductory part

4. Toys shall not contain the following fragrance allergens unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed ~~100 mg/kg:~~the limit of detection.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part A – point 4 – introductory part

4. Toys shall not contain the following fragrance allergens unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed ~~100 mg/kg:~~the limit of detection.

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part B – point 1 – introductory part

1. The names of the following fragrance allergens shall be listed on the toy, on an affixed label, on the packaging or in an accompanying leaflet, as well as in the product passport, if those allergens are added to a toy, where they are present in the toy or any component thereof at concentrations exceeding 100 mg/kg:

2023/12/05
Committee: IMCO

2023/0290(COD)

Brando BENIFEI, Christel SCHALDEMOSE, Laura BALLARÍN CEREZA, Maria-Manuel LEITÃO-MARQUES

Proposal for a regulation
Annex II – Part B – point 1 – introductory part

1. The names of the following fragrance allergens shall be listed on the toy, on an affixed label, on the packaging or in an accompanying leaflet, as well as in the product passport, if those allergens are added to a toy, where they are present in the toy or any component thereof at concentrations exceeding 100 mg/kg:

2023/12/05
Committee: IMCO