11 Amendments of Frédérique RIES related to 2008/0035(COD)
Amendment 37 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 38 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'subcontractor' means any natural or legal person who designs, manufactures or packages products on behalf of another natural or legal person who is the main contractor. The main contractor is bound to the subcontractor by specifications and a contract.
Amendment 39 #
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) 'distributor' means any natural or legal person who purchases and resells a product unaltered and has no property rights in relation to the trademark.
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 1 – point n a (new)
Article 2 – paragraph 1 – point n a (new)
(na) 'counterfeit cosmetic product' means any cosmetic product, including the packaging and labelling thereof, bearing a trademark, a marketing name or any other form of trademark identification, a stamp or emblem or any marking of this type, belonging to a manufacturer of cosmetic products other than the person who actually manufactured the product and which thus falsely claims to be the product of another manufacturer of cosmetic products or is depicted as such.
Amendment 47 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. In view of the various definitions of nanomaterials published by different bodies and the constant technical and scientific developments in the field of nanotechnologies, the Commission should: a) propose a definition to be accepted at European Community and, if possible, international level, by the competent international fora, no later than 18 months after the adoption of this regulation. Once such an agreement has been reached, paragraph 1(a) shall be adapted; b) adjust and adapt the definition in paragraph 1(a) to ensure that it is in keeping with scientific and technological progress and with definitions subsequently agreed at international level. The measures referred to in points (a) and (b) amending the non-essential elements of this regulation, including by complementing them, shall be adopted in compliance with the regulatory procedure with scrutiny referred to in Article 27(3).
Amendment 50 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Obligations of distributors, importers and retailers Where a distributor, importer or retailer considers or has reason to believe that a product is a counterfeit good and therefore does not comply with the rules laid down in this regulation, he shall not place the product on the market. Where a distributor, importer or retailer places or has already placed a product on the market and subsequently learns that the product is a counterfeit good and therefore does not comply with this regulation, he shall immediately withdraw it from the market and recall any products already sold. Moreover, where a counterfeit product has been placed on the market, the distributor shall duly warn the competent national authorities of the Member State where the product has been placed on the market.
Amendment 58 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The responsible person shall keep a product information file for the cosmetic product for which he is the responsible person. Should the development and/or production activities be subcontracted, responsibilities relating to preservation of the information file may be shared between the person responsible for placing the product on the market and the subcontractors, by written contract.
Amendment 90 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 a (new)
Article 16 – paragraph 1 – subparagraph 2 a (new)
These signs shall not contain false information and/or in any way, including overall presentation, deceive or be likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional decision that he would not otherwise have taken: (a) the existence or nature of the cosmetic product; (b) the main characteristics of the cosmetic product, such as its availability, benefits, risks, execution, composition, accessories, after-sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.
Amendment 91 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
Two years after …*, the Commission shall submit a report to the European Parliament and the Council on the claims used for cosmetic products and on the proof provided in accordance with Article 8(2)(d). The Commission shall focus first and foremost on claims as to the natural or organic nature of cosmetic products, on quality labels and on the relevant justification. * Date of entry into force of the Regulation.
Amendment 92 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Member States shall also use in-market controls as a means of identifying products that are counterfeit and therefore do not comply with the requirements set out in Article 21.
Amendment 114 #
Proposal for a regulation
Annex I – part A – point 8 – subparagraph 1
Annex I – part A – point 8 – subparagraph 1
Without prejudice to Article 14, description of the toxicological profile of all relevant toxicological endpoints identified as relevant in the SCCP guidance document for the testing of cosmetics ingredients and their safety evaluation in particular for the product in which the substance is used. A particular focus on local toxicity evaluation (skin and eye irritation), skin sensitisation, and in the case of UV absorption photo- induced toxicity shall be made.