12 Amendments of Vicente Miguel GARCÉS RAMÓN related to 2013/0048(COD)
Amendment 93 #
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) This Regulation should comply with the precautionary principle in order to ensure a high level of human health, consumer and environmental protection.
Amendment 128 #
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, more generally, 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 147 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of products, irrespective of the distribution channels and selling techniques, on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. They shall record these checks in the information and communication system for market surveillance referred to in Article 21.
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 3 c (new)
Article 6 – paragraph 3 c (new)
3c. Market surveillance authorities shall act taking due account of the seriousness of the risk and of the precautionary principle.
Amendment 165 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where it is necessary and justified for carrying out their duties, market surveillance authorities may enter the premises of economic operators, carry out appropriate documentary checks, make copies of relevant documents and take any necessary samples of products.
Amendment 209 #
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, they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in Article 13 of this Regulation and in Article 6 of the Regulation on Consumer Product Safety.
Amendment 212 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Market surveillance authorities shall take due consideration of any readily available and comprehensible test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other Member States.
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 4 – point b – point iii
Article 9 – paragraph 4 – point b – point iii
(iii) alerting the persons at risk to the risk, in good timemmediately and in an appropriate form, including by publication of special warnings;
Amendment 242 #
Proposal for a regulation
Article 9 – paragraph 4 – point d – point i
Article 9 – paragraph 4 – point d – point i
(i) preventing immediately the product from being placed or made available on the market;
Amendment 260 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. MIn the case of products found to present a risk, market surveillance authorities shall publish information about product identification, the nature of a risk and the measures taken to prevent, reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the Union. This information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets, preserve personal data pursuant to national and Union legislation or avoid undermining monitoring and investigation activities.
Amendment 268 #
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. If an objection is raised in accordance with paragraph 1 by the Commission or a Member State, the Commission shall inform all the Member States through the RAPEX contact points.
Amendment 290 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Compliance with the criteria referred to in points (a), (b) and (c) of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate. However, this shall not prevent market surveillance authorities from taking action under this Regulation where there is new evidence that, despite such conformity or compliance, the product presents a risk.