11 Amendments of Yannick JADOT related to 2013/0049(COD)
Amendment 12 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In the case of products that are not subject to Union harmonisation legislation, EU standards or national legislation on health and safety requirements, economic operators will assess the safety of products according to specific criteria, on which basis they will define the level of risk associated to a product. Market surveillance authorities may assist economic operators in carrying out the safety assessment.
Amendment 13 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) 'risk' means a risk that has the potential to affect adversely health and safety of persons in general, health and safety in the work place, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of the use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 31 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. For the purpose of paragraphs 1 and 2, economic operators shall make available to national market surveillance authorities a checklist explaining how the parameters as per paragraphs 1 and 2 have been assessed, and how the possible risk of a product has been estimated on the basis of such checklist. Market surveillance authorities will support economic operators in carrying out the assessment upon request.
Amendment 49 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of a product as assessed on the basis of Article 6, manufacturers shall, to protect the health and safety of consumers, entrust an independent third body with the task of carrying out conformity checks, carry out sample testing of products made available on the market, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring.
Amendment 50 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Proportionate to the possible risks of a product as assessed on the basis of Article 6, manufacturers shall draw up a technical documentation. The technical documentation shall contain, as appropriate:
Amendment 52 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Since obligations as per Article 8(4) are based on the risk evaluation of a product, which could be based on different criteria and parameters in third countries, it is the responsibility of the importer to ensure that the foreign manufacturer has taken into account the same EU parameters as per Article 6 and which will be reported in the technical documentation it will have provided to the importer.
Amendment 55 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Proportionate to the possible risks presented by a product as assessed on the basis of Article 6, importers shall, to protect the health and safety of persons, carry out sample testing of marketed products, 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.
Amendment 59 #
Proposal for a regulation
Article 13
Article 13
Amendment 60 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For certainall products, categories or groups of products which, due to their specific characteristics or specific conditions of distribution or usage, susceptible to bear a serious risk to health and safety of persons, the Commission mayshall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.
Amendment 61 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The system of traceability shall consist of the collection and storage of data by electronic means enabling the identification of the product and of the economic operators involved in its supply chain, including EU and foreign manufacturers, as well as of the placement of a data carrier on the product, its packaging or accompanying documents enabling access to that data. The system of traceability shall apply to both domestically produced and imported products.
Amendment 62 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) determining the products, categories or groups of products susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1;