17 Amendments of Pablo ARIAS ECHEVERRÍA related to 2013/0049(COD)
Amendment 79 #
Proposal for a regulation
Recital 10
Recital 10
(10) The scope of this Regulation should not be limited to any selling technique of consumer products, and thus also cover distance selling, such as electronic selling, online sales and sales platforms, ...
Amendment 113 #
Proposal for a regulation
Article 1
Article 1
This Regulation lays down rules on the safety of consumer products placed or made available on the Union market and its main aim is to ensure that products available on the market are safe for consumers.
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Chapters II to IV of this RegulationI shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to it and Chapter II shall apply in a supplementary manner to aspects not covered by said legislation.
Amendment 151 #
Proposal for a regulation
Article 5 - paragraph 1 a (new)
Article 5 - paragraph 1 a (new)
The presumption of safety does not exonerate the market surveillance authorities from carrying out actions pursuant to the Regulation on market surveillance in cases where new evidence arises of risks posed by a product, even though it meets or complies with the requirements.
Amendment 152 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a When assessing the safety of a product, the precautionary principle shall in all cases be taken into account.
Amendment 156 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
In order to assess whether absence of product is safe, account shall be taken of the following aspects where they are not included in Union harmonisation legislation, in European standards or in the health and safety requirements laid down in the law of the Member State wherein which the product is made available on the market as referred to in points (a), (b) and (c) of Article 5, the following aspects shall be taken into account when assessing whether a product is safe, in particular:
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point e
Article 6 – paragraph 1 – subparagraph 1 – point e
(e) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics, or where a product is attractive to children because of its characteristics: form, decoration, odour,, sound, movement, etc.
Amendment 176 #
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) standards of other Member States
Amendment 177 #
Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(cb) basic requirements published by the Commission in order to comply with the provisions of Article 4.1(a) of the GPSD
Amendment 201 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Manufacturers shall provide consumers with sufficient information allowing them to assess the risks inherent to a product in the course of its normal or foreseeable use, where such risks are not immediately evident without proper warning, so that they can take precautions against such risks. Manufacturers shall assess the risks posed by products before placing them on the market.
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 4. Manufacturers shall keep a register of checks carried out on batches and be available to the surveillance authorities when required
Amendment 209 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of a product, mManufacturers shall, to protect the health and safety of consumers, 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. This information shall be made available to the surveillance authorities on request.
Amendment 214 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Amendment 216 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point a
Article 8 – paragraph 4 – subparagraph 1 – point a
(a) a general description of the product andwhich enables the product information file to be clearly attributed to the product, and of its essential properties relevant for assessing the product'’s safety;
Amendment 217 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point a a (new)
Article 8 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) Name and address of manufacturer. The technical documentation shall be provided in the language of the Member State in which the product is marketed or in one acceptable to the market surveillance authorities by which it is requested.
Amendment 227 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of ten years after the product has last been placed on the market, the technical documentation and make it available to the market surveillance authorities, upon request.
Amendment 241 #
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information addressed to the consumer in a clear and comprehensible manner and in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.