17 Amendments of Jürgen CREUTZMANN related to 2013/0048(COD)
Amendment 66 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to guarantee the free movement of products within the Union, it is necessary to ensure that they fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, protection of consumers, protection of the environment, intellectual property rights and public security. Robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the Union goods market can thrive. Rules are therefore necessary on market surveillance and on controls of products entering the Union from third countries.
Amendment 68 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore integrate the provisions of Regulation 765/2008, Directive 2001/95/EC and several sector-specific acts of Union harmonisation legislation relating to market surveillance into a single regulation which covers products in both the harmonised and non-harmonised areas of the Union legislation, regardless whether they are intended for use, or are likely to be used, by consumers or professionals and whether they are sold offline or online.
Amendment 82 #
Proposal for a regulation
Recital 23
Recital 23
(23) There should be effective, speedy and accurate exchange of information among the Member States and between the Member States and the Commission. It is therefore necessary to provide for effective tools for such exchange. The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. RAPEX enables measures to be taken across the Union in relation to products that present a serious risk beyond the territory of a single Member State. To avoid unnecessary duplication, this system should be used for all alert notifications required by this Regulation relating to products presenting a serious risk.
Amendment 86 #
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. The level thereof should be set as a proportion of the value of sales of the products concerned during the last full year of the infringement, depending on its seriousness, duration and intentional or recurring character of the infringement. In any case, penalties should not exceed 10% of the company's total turnover in the preceding accounting year. Where possible under national law, Member States should be encouraged to allocate the revenue from such penalties to market surveillance activities.
Amendment 102 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'intermediary service providers' means any natural or legal person who enables the placing or making available on the market of a product via electronic means, such as by operating e-commerce platforms or hosting websites;
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘'economic operators’' means the manufacturer, the authorised representative, the importer and the distributo, the distributor and the intermediary service provider;
Amendment 112 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a risk’ means a product having the potential to affect adversely health and safety of persons in general, health and safety in the workplace, 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 use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. OnFurther to a reasoned request, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities anyll the documentation and information that those authorities require for the purpose of carrying out their activities, in electronic or physical format and in a language which can be easily understood by them. Such information shall include information that enables the precise identification of the product and facilitates the tracing of the product, as appropriate.
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Economic operators shall provide all necessary information to market surveillance authorities including information that enables the precise identification of the product and facilitates the tracingcooperate with market surveillance authorities at their request, on any action taken to eliminate the risks presented by products that they have placed or made available ofn the producmarket.
Amendment 201 #
Proposal for a regulation
Article 8 i (new)
Article 8 i (new)
Amendment 215 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 288 #
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.
Amendment 304 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Where products are not intended to be placed on the market in the Member State in which they are released for free circulation, the language in which the information set out in points (a), (b) and (c) of paragraph 3 is presented shall not give the authorities in charge of external border controls sufficient reason to believe that the product may present a risk.
Amendment 308 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Compliance with the requirements of any Union harmonisation legislation that apply to the product upon its release which relate to the potential risk under consideration, taking full account of test reports or certificates attesting conformity and issued by a conformity assessment body, shall raise a presumption on the part of market surveillance authorities that the product does not present a risk. However, this shall not prevent those authorities from instructing the authorities in charge of external border controls not to release the product where there is evidence that, despite such compliance, the product does in fact present a risk.
Amendment 320 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a serious risk in accordance with this Regulation.
Amendment 327 #
Proposal for a regulation
Article 20 – title
Article 20 – title
Notification through RAPEX of products presenting a serious risk
Amendment 386 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
The level of the penalties referred to in the first subparagraph shall have regard to the size of the undertakings and in particulbe established as a proportion of the value of sales of the products concerned during the last full year tof the situation of small and medium-sizeinfringement, depending on its seriousness, duration and einterprisesntional character. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. In any case, the penalties shall not exceed 10% of the company's total turnover in the preceding business year.