25 Amendments of Karima DELLI related to 2014/0108(COD)
Amendment 136 #
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The right to health and safety is a fundamental right and all workers enjoy a legal guarantee of working conditions which respect their health, safety and dignity. Considering that the cost to enterprises and social security systems of occupational accidents and diseases is estimated at 5,9 % of GDP and that adequate worker prevention promotes wellbeing, quality of work and productivity, risk prevention, in particular through the use of quality personal protective equipment, is essential to reducing the rate of work-related accidents and sickness.
Amendment 137 #
Proposal for a regulation
Recital 3
Recital 3
(3) However, experience with its application has shown inadequacies and inconsistencies in the product coverage and conformity assessment procedures. In order to take account of this experience and to provide clarification in relation to the framework within which products covered by this Regulation may be marketed, certain aspects of Directive 89/686/EEC should be revised and enhanced while maintaining the overarching principle of health and safety protection.
Amendment 139 #
Proposal for a regulation
Recital 4
Recital 4
(4) Since the scope, the essential health and safety requirements and conformity assessment procedures are to be identical in all the Member States there is almost no flexibility in transposing Directives based on the New Approach principles into national law. Directive 89/686/EEC should therefore be replaced by a Regulation, which is the appropriate legal instrument for imposing clear and detailed rules which do not give room for divergent transposition by Member States. with a view, in particular, to safeguarding public health, improving safety at work, and ensuring user protection.
Amendment 142 #
Proposal for a regulation
Recital 9
Recital 9
(9) Some products on the market that provide a protective function to the user are excluded from the scope of Directive 89/686/EEC. Any such exclusion should only be allowed if an equivalent level of health and safety protection to this Regulation or Directive 89/3921/EC is provided for. In order to ensure as high level of protection for the user of those products as for the PPE covered by Directive 89/686/EEC, the scope of this Regulation should include PPE for private use against damp, water and heat (e.g. dish-washing gloves, oven gloves), in line with similar PPE for professional use which is already covered by Directive 89/686/EEC. Artisanal products, such as handmade gloves, for which the manufacturer does not explicitly claim a protective function are not personal protective equipment; they are therefore not concerned by this inclusion. It is also appropriate to clarify the exclusion list set out in Annex I to Directive 89/686/EEC by adding a reference to products covered by other legislation and therefore are excluded from the PPE Regulation.
Amendment 146 #
Proposal for a regulation
Recital 11
Recital 11
(11) Economic operators should be responsible for the compliance of products, in relation to their respective roles in the whole supply chain, so as to ensure a high level of protection of public interests, such as health and safety, and the proper information and protection of users and to guarantee fair competition on the Union market.
Amendment 156 #
Proposal for a regulation
Recital 18
Recital 18
(18) Distributors and importers, being close to the market place, should only be involved in market surveillance tasks carried out by competent national authorities when any conflict of interest can be avoided, and should be prepared to participate actively, providing those authorities with all necessary information relating to the PPE concerned.
Amendment 159 #
Proposal for a regulation
Recital 19
Recital 19
(19) Ensuring traceability of PPE throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities' task of tracing economic operators who made non-compliant product available on the market.
Amendment 169 #
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should lay down rules on surveillance, control, sanctions and penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties and sanctions should be effective, proportionate and dissuasive.
Amendment 173 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) Special attention should be drawn to the field of undeclared work as, due to the impossibility of checking compliance with health and safety at work provisions, the conditions in the field of undeclared work allow workers to be exposed to high health risks and employers to escape liability. Domestic work, mainly performed by women, poses a particular challenge, as the work is in the informal sector, singularised and, by its nature, invisible.
Amendment 174 #
Proposal for a regulation
Recital 35 b (new)
Recital 35 b (new)
(35b) Raising awareness about health and safety, including PPE, should be included in education curricula from an early age so as to bring down accident rates and increase health and safety; training on health and safety and PPE should be integrated especially into vocational training, fully recognised and attested by a diploma. Efforts should be made to substantially improve information and training for entrepreneurs. The results of research for new PPE, as the consequence of technology advances and new challenges, should be better disseminated.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
In that event, the health and safety of users shall be ensured as far as possible in the light of the objectives of this Regulation and in accordance with the European Framework Directive on Safety and Health at Work 89/391/EC.
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. 'individually adapted PPE' means PPE produced in series where each item is manufactured to fit an individual user in accordance with his or her special needs and characteristics;
Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. 'made-to-measure PPE' means PPE produced as a single unit to accommodate the special needs of an individual user according to a basic model, following the instructions of the designmanufacturer of that basic model and respecting the range of permissible variations;
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall take all appropriate and necessary measures to ensure and enforce that PPE is made available on the market only if, where properly maintained, its functioning clearly explained and used for its intended purpose, it complies with this Regulation.
Amendment 192 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
PPE shall fulfil the applicable essential health and safety requirements set out in Annex II and in full compliance with Directive 89/391/EC.
Amendment 193 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
This Regulation shall not affect Member States' entitlement, in particular when implementing Directive 89/656/EEC, to lay down requirements concerning the use of PPE provided that these requirements do not affect the design of PPE which is placed on the market in accordance with this Regulationare justified by an added value in terms of health and safety of the user.
Amendment 198 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
During demonstrations and field tests, adequate measures shall be taken to ensure the protection of persons and to raise their awareness. Field tests shall not only be designed to test the protection performance of the PPE, but to evaluate for instance comfort, ergonomics and design. All concerned parties (e.g. the employer as well as the wearer or end- user) shall be formally informed in advance concerning the scope and the purpose of this test. A 'for field test only' marking shall be clearly and indelibly affixed to the PPE.
Amendment 203 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall ensure that the PPE is accompanied by the instructions set out in point 1.4 of Annex II in a language which can be easily understood by end- users, as determined by the Member State concerned as well as, where possible, by pictograms.
Amendment 204 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that PPE which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary corrective measures to bring it into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where the PPE presents a risk, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the PPE available on the market to that effect, giving details, in particular, of the non- conformity and of any corrective measures taken. The market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place.
Amendment 218 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Importers who consider or have reason to believe that PPE which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring the PPE into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where the PPE presents a risk, importers shall immediately inform the market surveillance authorities of the Member States in which they made the PPE available on the market to that effect, giving details, in particular, of the non- conformity and of any corrective measures taken. The market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place.
Amendment 223 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Where a distributor considers or has reason to believe that PPE is not in conformity with the applicable essential health and safety requirements set out in Annex II, he shall not make the PPE available on the market until it has been brought into conformity. Furthermore, where the PPE presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities. Thereafter, the manufacturer shall immediately recall the EPP from the market. The market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place.
Amendment 224 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Distributors who consider or have reason to believe that PPE which they have made available on the market is not in conformity with the requirements of this Regulation shall make sure that the necessary corrective measures are taken to bring it into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where the PPE presents a risk, distributors shall immediately inform the market surveillance authorities of the Member States in which they have made the PPE available on the market to that effect, giving details, in particular, of the non- conformity and of any corrective measures taken. The market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place.
Amendment 234 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractors or the subsidiaryies along the full compliance chain meets the requirements set out in Article 23 and shall inform the notifying authority accordingly.
Amendment 235 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Amendment 237 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member States shall lay down the rules on surveillance, control, sanctions and penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties or sanctions provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [3 months prior to the date of application of this Regulation] at the latest and shall notify it without delay of any subsequent amendment affecting them.