BETA

Activities of Daniel DALTON related to 2017/0353(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products and amending Regulations (EU) No 305/2011, (EU) No 528/2012, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426 and (EU) 2017/1369 of the European Parliament and of the Council, and Directives 2004/42/EC, 2009/48/EC, 2010/35/EU, 2013/29/EU, 2013/53/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, 2014/68/EU and 2014/90/EU of the European Parliament and of the Council PDF (1 MB) DOC (220 KB)

2016/11/22
Committee: IMCO
Dossiers: 2017/0353(COD)
Documents: PDF(1 MB) DOC(220 KB)

Amendments (29)

Proposal for a regulation
Article 4

~~[...]~~deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)

The making available of a Declaration of Conformity in accordance with the first subparagraph shall be deemed sufficient in cases where the manufacturer is obliged to provide the Declaration of Conformity with the product under Union legislation.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 5 a (new)

Article 5 a Electronic labelling Where a product is able to display information electronically through either an integral screen, via connection to an external screen or via a machine-readable code or where the product has a function allowing the end-user to select the display of the relevant information, the following requirements shall be deemed fulfilled where such information is provided electronically: (a) requirement to affix the CE marking and (where obligatory) the identification number of the notified body visibly, legibly and indelibly on the product or onto its data plate; (b) requirement to indicate the product type, batch or serial number or other element allowing for their identification; (c) requirement to indicate the manufacturer's name, registered trade name or registered trade mark and the address at which they can be contacted; and (d) requirement to indicate the importer’s name, registered trade name or registered trade mark and the address at which they can be contacted.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 7 – paragraph 4

4. A market surveillance authority that enters into a partnership arrangement under paragraph 1 ~~may charge the economic operator fees representing the costs reasonably incurred by the authority in the exercise of its functions under paragraphs 1 and 2~~shall not provide such services on a commercial or competitive basis.

2018/05/24
Committee: IMCO

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

Market surveillance authorities may enter into memoranda of understanding with ~~businesse~~economic operations or organisations representing ~~businesse~~economic operators or end- users for the carrying out, or financing, of joint activities aimed at identifying non- compliance or promoting compliance in specific geographical areas or with respect to specific categories of product. Where a memorandum of understanding is concluded with economic operators directly, other economic operators who make available products in the same category of products may request to participate under the memorandum of understanding agreed.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – introductory part

Market surveillance authorities shall ensure that a product is withdrawn or recalled from the market or that the making available of the product on the market is prohibited or restricted if, when it is being used either in accordance with its intended purpose or under conditions that can be reasonably foreseen and it is properly installed and maintained, eithe~~r of the following conditions would be met:~~ product is liable to compromise the health or safety of end-users.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b

~~(b) the product does not conform to applicable requirements under Union harmonisation legislation.~~deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3a. Where a market surveillance authority makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned: (a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of relevant Articles of the applicable Union harmonisation legislation; (b) the CE marking has not been affixed; (c) the identification number of the notified body involved in the production control phase has been affixed in violation of relevant Articles of the applicable Union harmonisation legislation or has not been affixed; (d) the EU declaration of conformity has not been drawn up or has not been drawn up correctly; (e) the technical documentation is either not available or not complete; (f) any other administrative requirement provided for in relevant Articles of the applicable Union harmonisation legislation is not fulfilled.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 3 b (new)

3b. Where the non-compliance referred to in paragraph 3a persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 4 – introductory part

4. Market surveillance authorities shall ~~perform their activities with a high level of transparency 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:

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 5

5. Market surveillance authorities shall exercise their powers and carry out their duties independently, impartially and without bias. They shall observe confidentiality in order to protect commercial secrets, subject to any obligations laid down in applicable Union legislation to make information available to the Commission and to other applicable disclosure requirements laid down in Union law in order to protect the interests of users in the Union.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 3 – point b

(b) the power to perform system audits of economic operators’ organisations, including audits of any procedures that they have in place to ensure compliance with this Regulation and with applicable Union harmonisation legislation;deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 3 – point c

(c) the power to ~~have access to any relevant document, data or information related to an instance of non-compliance,~~ require economic operators to make available to them such documentation, information and other technical specifications, including a~~ny form or format and irrespective of its storage medium or the place where it is stored~~ccess to software and algorithms, that the authorities consider necessary for the purpose of carrying out the market surveillance activities;

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 3 – point d

(d) the power to require any public authority, body or agency within the market surveillance authority's Member State, or any natural or legal person, to provide any information, data or document, in any form or format and irrespective of its storage medium or the place where it is stored, for the purposes of enabling the market surveillance authority to investigate whether any non- compliance has occurred or is occurring and to establish the details of that non- compliance, including in particular information, data or documents required for the purposes of identifying and tracing financial and data flows, ascertaining the identity and contact details of persons involved in financial and data flows and ascertaining bank account information and the ownership of websites;deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 3 – point e – introductory part

(e) the power to do any of the following, or to request another public authority to do any of the following on the basis of a duly justified and reasonable suspicion, for the purposes of an investigation by the market surveillance authority or at the request of an applicant authority:

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 3 – point f

(f) the power to take samples of products ~~free of charge~~, in return for fair compensation, in order to detect non-compliance and obtain evidence;

2018/05/24
Committee: IMCO

Proposal for a regulation
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;deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 25 – paragraph 3

3. Products deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to be non-compliant by market surveillance authorities in another Member State, unless economic operators can provide evidence to the contrary.deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 25 – paragraph 4

~~4. The decisions of a market surveillance authority referred to in paragraph 3 shall be published in the information and communication system referred to in Article 34.~~deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

1. AMarket surveillance authorities and authorities designated under Article 26(1) shall suspend the release of a product for free circulation if, in the course of controls referred to in Article 26, it is established that: there is cause to believe that the product will pose a serious risk.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 – point a

~~(a) the product is not accompanied by the documentation required by the Union harmonisation legislation applicable to it;~~deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 – point b

~~(b) the product is not marked or labelled in accordance with that Union harmonisation legislation;~~deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 – point c

~~(c) the product bears a CE marking or other marking required by that Union harmonisation legislation which has been affixed in a false or misleading manner;~~deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 – point d

~~(d) the identity and contact details of a person responsible for compliance information with respect to the product is not indicated or identifiable in accordance with Article 4(5);~~deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 – point e

(e) for any other reason, there is cause to believe that the product will not comply with the requirements set out in the Union harmonisation legislation applicable to it when it is placed on the market or that it will pose a serious risk.deleted

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 a (new)

1a. Where in the course of controls under Article 26(1) a market surveillance authority or an authority designated under Article 26(1) makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned: (a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of relevant Articles of the applicable Union harmonisation legislation; (b) the CE marking has not been affixed; (c) the identification number of the notified body involved in the production control phase has been affixed in violation of relevant Articles of the applicable Union harmonisation legislation or has not been affixed; (d) the EU declaration of conformity has not been drawn up or has not been drawn up correctly; (e) the technical documentation is either not available or not complete; (f) any other administrative requirement provided for in relevant Articles of the applicable Union harmonisation legislation is not fulfilled.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 1 b (new)

1b. Where the non-compliance referred to in paragraph 1a persists, the relevant authority shall suspend the release of a product for free circulation.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 2

2. AMarket surveillance authorities or authorities designated under Article 26(1) shall immediately notify the market surveillance authorities of any suspension of release referred to in paragraph 1 or 1b.

2018/05/24
Committee: IMCO

Proposal for a regulation
Article 27 – paragraph 3

3. Where the market surveillance authorities have reason to believe that a product will not comply with the Union harmonisation legislation applicable to it or will pose a serious risk, they shall require the authorities designated under Article 26(1) to suspend the process for its release for free circulation.deleted

2018/05/24
Committee: IMCO