15 Amendments of Andreas SCHWAB related to 2013/0048(COD)
Amendment 66 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to guarantee the free movement of products within the Union, it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, protection of consumers, protection of the environment, intellectual property rights and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union goods market can thrive. Rules are therefore necessary on market surveillance and on controls of products entering the Union from third countries.
Amendment 110 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a safety risk’' means a product havingwhich has the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 113 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13 a
Article 3 – paragraph 1 – point 13 a
(13a) 'product presenting a regulatory risk' means a product which fails to comply with applicable Union legislation;
Amendment 116 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13 d (new)
Article 3 – paragraph 1 – point 13 d (new)
(13d) 'product presenting an emerging risk' means a product which is not subject to EU harmonised legislation and on which there is solid scientific evidence that it presents a newly developing risk or a known risk if it is sold for use in new or unfamiliar conditions not foreseen by the manufacturer.
Amendment 125 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk, and products that are not compliant with the applicable Union legislation are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product. and to put an end to its non-compliance
Amendment 185 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. OnFollowing a reasoned request, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities any documentation and information that those authorities require for the purpose of carrying out their activities, in a language which can be easily understood by them. Where an economic operator has previously received the documentation and information concerned from another economic operator, and where it is classified as confidential under EU and Member State trade secrecy rules, confidentiality shall be ensured when that documentation and information is made available.
Amendment 193 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 195 #
Proposal for a regulation
Article 8 c (new)
Article 8 c (new)
Article 8c General Obligations of the single authorised representatives For the purposes of market surveillance, the single authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The obligations laid down in Article [8a first paragraph – General Obligations of the Manufacturer] and the drawing up of technical documentation shall not form part of the single authorised representative’s mandate. The mandate shall allow the single authorised representative to do at least the following: (a) keep the EC declaration of conformity and the technical documentation at the disposal of national surveillance authorities. (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 product subject to Union harmonisation legislation; (c) cooperate with the competent national authorities at their request, on any action taken to eliminate the risks posed by the products covered by their mandate.
Amendment 197 #
Proposal for a regulation
Article 8 e (new)
Article 8 e (new)
Article 8e General Obligations of importers 1. Importers shall place on the market only compliant and safe products. 2. Before placing a product on the market, importers shall ensure that the manufacturer has drawn up the technical documentation, that the product bears the required marking and is accompanied by the required documents. 3. Where importers consider or have reason to believe that a product is not in conformity with relevant EU legislation, they shall not place it on the market. Furthermore, where they consider or have reason to believe that the product presents a serious risk, they shall inform the manufacturer and the market surveillance authorities. For type-approved products, they shall also inform the approval authority that has granted the approval to that effect.
Amendment 199 #
Proposal for a regulation
Article 8 g (new)
Article 8 g (new)
Article 8g General Obligations of distributors 1. When making a product available on the market, distributors shall act with due care in relation to the requirements set out in the Union legislation. Before making a product available on the market, distributors shall verify that it bears the required statutory marking or type-approval mark, where applicable, and that it is accompanied by the required documents demonstrating compliance, including labelling information where applicable, and by instructions and safety information in the official language or languages of the Member State in which the product is to be made available on the market. 2. Distributors shall provide all necessary information to market surveillance authorities including information that enables the precise identification of the product and facilitates the tracing of the product.
Amendment 206 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk and may be non-compliant with the applicable Union legislation, they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in Article 13.
Amendment 275 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. For products and risks subject to Regulation (EC) No 1907/2006, athe Commission may take a decision, pursuant to paragraph 1 of this Article, only if it has justifiable grounds for believing that urgent action is essential to protect human health or the environment. A decision taken by the Commission pursuant to paragraph 1 of this Article shall be valid for up to two years and may be extended for additional periods of up to two years. Such a decision shall be without prejudice to procedures provided in that Regulation. The Commission shall immediately inform the Member States and the European Chemicals Agency thereof, giving reasons for its decision and submitting the scientific or technical information on which the provisional measure is based. If the provisional measure adopted by the Commission involves restricting the placing on the market or use of a substance, the Commission shall initiate a Community restrictions procedure by submitting to European Chemicals Agency a dossier, in accordance with Annex XV to Regulation (EC) No 1907/2006, within three months of the date of the Commission decision.
Amendment 285 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) any requirements laid down in or pursuant to Union harmonisation legislation that apply to the product and relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body, including assessments drawn up pursuant to Regulation (EC) No 1907/2006, e.g. in connection with registration, authorisation, restrictions or reporting;
Amendment 347 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. On receiving a notification, the Commission shall communicate it to the relevant economic operator and the other Member States. If the notification does not satisfy the requirements set out in paragraphs 1, 2 and 3, the Commission may suspend it.
Amendment 350 #
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Where appropriate, information on a product in a RAPEX notification shall be updated.