Activities of Matteo SALVINI related to 2013/0049(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC PDF (690 KB) DOC (867 KB)
Amendments (16)
Amendment 85 #
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics, composition and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled.
Amendment 96 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The distributor should ensure that the manufacturer and the importer have complied with their obligations, that is to say, in so far as this is not objectively impossible or does not incur unreasonable cost, verifying the indication on the product or on its packaging of the name, brand name or address at which the manufacturer and the importer can be contacted and the affixing of the manufacturer's batch number, serial number or other element on the product for the identification purposes. The distributor should not check each product individually, unless he believes that the manufacturer or importer have not fulfilled their requirements.
Amendment 134 #
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) 'dangerous product' means any product which is not a safe product within the meaning of point 1;
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
Article 3 – paragraph 1 – point 1 b (new)
(1b) ´product model' means products that are considered to be distinct as presenting identical or similar essential characteristics, with differences, if any, having no impact on their safety level unless otherwise proven by the manufacturer or the importer.
Amendment 160 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point c
Article 6 – paragraph 1 – subparagraph 1 – point c
(c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product, which may also take the form of illustrations or pictograms alone;
Amendment 195 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product and its constituent materials or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product.
Amendment 198 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers mayust refer to the Union or to a particular Member State.
Amendment 207 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the marketat least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring. In particular, manufacturers shall carry out, under the same conditions, testing of products that are or have been the subject of a decision by the Commission on the basis of Article 12 of the Regulation on the market surveillance of products
Amendment 248 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safand adequately and effectively warning consumers who are at risk caused by the non-conformity of the product. Furthermore, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 259 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 4 and, that the manufacturer has complied with the requirements set out in Article 8(4), (6) and (7) and that the technical documentation drawn up by the manufacturer in application of Article 8(4) is in conformity with the possible risks related to the product.
Amendment 263 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Importers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or that the required information is provided on the packaging or in a document accompanying the product.
Amendment 266 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Proportionate to the possible risks presented by a product, importers shall, to protect the health and safety of persons, carry out sample testing of marketed products, at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints, and keep a register of complaints, of non- conforming products and of product recalls, and shall keep the manufacturer and distributors informed of such monitoring. In particular, importers shall carry out, under the same conditions, testing of products that are or have been the subject of a decision by the Commission on the basis of Article 12 of the Regulation on the market surveillance of products.
Amendment 284 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have product bears the markings set out in Articles 8(6), (7) and 10(3) and is accomplanied with the requirelements set out in Articles 8(6), (7) and (8) and Article 10(3) and (4), as applicable8) and 10 (4).
Amendment 304 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Cases in which obligations of manufacturers apply to importers and distributors and vice versa
Amendment 307 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Manufacturers marketing under their own name or trademark a product previous placed on the EU market by another economic operator shall be considered as importers and hence subject to the relevant obligations under Article 10.
Amendment 348 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the gravity of the infringement, to the size of the undertakings and in particular to the situation of small and medium-sized enterprises, as well as the actual operations carried out by economic operators as part of the production process and the extent to which they are in a position ot affect product safety. The penalties may be increased if the relevant economic operator responsible for first placing the product on the market has previously committed a similar infringement and may include criminal sanctions for serious infringements.