18 Amendments of Andreas SCHWAB related to 2017/0353(COD)
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all products that are subject to the Union harmonisation legislation set out in the Annex to this Regulation (‘Union harmonisation legislation’).
Amendment 233 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Responsibility of the distributor A distributor who becomes aware of the non-conformity or a product shall inform the manufacturer or importer, as well as the market surveillance authority of the non-conformity.
Amendment 253 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A market surveillance authority may enter into a partnership arrangement with an economic operator established in its territory under which the authority agrees to provide the economic operator with advice and guidance in relation to the Union harmonisation legislation applicable to the products for which the economic operator is responsible. These arrangements shall not preclude an independent and unbiased assessment through market surveillance authorities and shall not result in unfair competition between economic operators within the European Union and within the European Union and third countries.
Amendment 264 #
Proposal for a regulation
Article 8
Article 8
Amendment 304 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Market surveillance authorities shall perform controls as part of their activities set out in paragraph 1, on a risk- based approach, takingprioritise actions for the largest risk-reduction and take into account, as a minimum, the following factors:
Amendment 310 #
Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) market surveillance authorities shall work together in order to harmonise the methodology and criteria for assessing risks in all Member States in order to ensure a level playing field for all economic operators.
Amendment 329 #
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Market surveillance authorities shall perform their activities with a high level of transparency while taking into account the principles of confidentiality and of professional and commercial secrecy, and shall make available to the general public any information that they deem relevant for the general public. They shall also ensure that the following information is entered in the system referred to in Article 34:
Amendment 357 #
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. The powers conferred on market surveillance authorities under paragraph 1 shall include the following powers as a minimum, to the extent that these relate to the subject- matter and the purpose of the inspection:
Amendment 359 #
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
Amendment 362 #
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
(c) the power to have access to any relevant documents, data or information related to an instance of non-compliance, in any form or format and irrespective of its storage medium or the place where it is stored;
Amendment 368 #
Proposal for a regulation
Article 14 – paragraph 3 – point e – point 3
Article 14 – paragraph 3 – point e – point 3
(3) to request any representative or member of staff ofdesignated to represent the economic operator to give explanations of facts, information or documents relating to the subject-matter of the inspection and to record their answers;
Amendment 380 #
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the power to take temporary measures, where there are no other effective means available to prevent a serious risk, including in particular temporary measures requiring hosting service providers to remove, disable or restrict access to content or to suspend or restrict access to a website, service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time until the operator has made the necessary corrections according to the comments given by the authority;
Amendment 388 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Market surveillance authorities shall publish any commitments given to them by economic operators, details of any corrective action taken by economic operators in their territory, and details of any temporary measures taken by the relevant market surveillance authority pursuant to this Regulation. Market surveillance authorities shall ensure that this information is regularly updated and that the economic operator shall be given the opportunity to comment on the information that the competent authority intends to publish or make otherwise available to the public, prior to its publication or release.
Amendment 442 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Market surveillance authorities may charge economic operators administrative fees in relation to instances of non- compliance by that economic operator in order to enable the authorities to recover the costs of their activities with respect to these instances of non-compliance. Those costs shall be proportionate in relation to the non-compliance. The costs may include the costs of carrying out testing for the purposes of a risk assessment, the costs of taking measures in accordance with Article 30(1) and (2) and the costs of their activities relating to products that are found to be non- compliant and subject to corrective action prior to their release for free circulation.
Amendment 480 #
Proposal for a regulation
Article 26 – paragraph 8
Article 26 – paragraph 8
8. Where the Commission becomes aware of a serious risk posed in a Member State by products subject to Union harmonisation legislation that are imported from a third country, it shall recommend toquest the Member State concerned that it takes appropriate market surveillance measures.
Amendment 544 #
Proposal for a regulation
Article 38 – title
Article 38 – title
Applicability of Regulation (EC) 765/2008 and amendments to Union harmonisation legislation
Amendment 546 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Articles 15 to 29 of Regulation (EC) 765/2008 shall not apply to Union harmonisation legislation set out in the Annexare deleted.
Amendment 557 #
Proposal for a regulation
Article 61 – paragraph 5 a (new)
Article 61 – paragraph 5 a (new)
5a. Member States have the possibility not to apply any penalties in cases of minor formal infringements and where the non-compliance is corrected by the operator in a timely manner.