REPORT on the proposal for a regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

24.6.2022 - (COM(2021)0346 – C9‑0245/2021 – 2021/0170(COD)) - ***I

Committee on the Internal Market and Consumer Protection
Rapporteur: Dita Charanzová


Procedure : 2021/0170(COD)
Document stages in plenary
Document selected :  
A9-0191/2022
Texts tabled :
A9-0191/2022
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

(COM(2021)0346 – C9‑0245/2021 – 2021/0170(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2021)0346),

 having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0245/2021),

 having regard to the opinion of the European Economic and Social Committee of 20 October 2021[1],

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to Rules 59 and 40 of its Rules of Procedure,

 having regard to the opinion of the Committee on Legal Affairs,

 having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0191/2022),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 

 

 

 

Amendment  1

 

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) Despite the development of sector-specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a legislative framework of a horizontal nature to fill gaps and ensure consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the Treaty.

(6) Despite the development of sector-specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore a need for a broad-based legislative framework of a horizontal nature to fill gaps and therefore to complement provisions in existing or forthcoming sector-specific Union harmonisation legislation and ensure consumer protection not otherwise ensured by that legislation, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the Treaty.

Amendment  2

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation.

(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information and remedy for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation to the extent that there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council 25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation.

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25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

Amendment  3

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should limit their controls to the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls.

(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation. The authorities in charge of these controls should perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This Regulation therefore does not modify in any way Chapter VII of Regulation 2019/1020 and the way the authorities in charge of controls on products entering the Union market organise themselves and perform their activities.

Amendment  4

 

Proposal for a regulation

Recital 9 a (new)

 

Text proposed by the Commission

Amendment

 

(9a) The legal framework for market surveillance of products covered by Union harmonisation legislation and set out in Regulation (EU) 2019/1020 and the legal framework for market surveillance of products covered by this Regulation should be as coherent as possible. It is therefore necessary, as far as market surveillance activities, obligations, powers, measures, and cooperation among market surveillance authorities are concerned, to align the two sets of provisions. For that purpose Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 should be applicable also to products covered by this Regulation.

Amendment  5

 

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this Regulation.

deleted

Amendment  6

 

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers.

deleted

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26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

 

Amendment  7

 

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished.

(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are explicitly presented as to be repaired or to be refurbished, or which are made available as collectible items of historical significance.

Amendment  8

 

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) Services should not be covered by this Regulation. However, in order to secure the attainment of the protection of health and safety of consumers, products that are supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during a service provision, should fall within the scope of this Regulation. Equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this Regulation since it has to be dealt with in conjunction with the safety of the service provided.

(18) Services should not be covered by this Regulation. However, in order to secure the attainment of the protection of health and safety of consumers, products that are supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during a service provision, should fall within the scope of this Regulation. However, equipment on which consumers ride or travel, when it is directly operated by a service provider within the context of a transport service, should be excluded from the scope of this Regulation since it has to be dealt with in conjunction with the safety of the service provided.

Amendment  9

 

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics.

(20) New technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics. New technologies, such as through software updates, may substantially modify the original product, which could then be submitted to a new risk assessment if that substantial modification has an impact on the safety of the product.

Amendment  10

 

Proposal for a regulation

Recital 21

 

Text proposed by the Commission

Amendment

(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function.

(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.

Amendment  11

 

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured, in case of gaps in the sectorial legislation, that the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.

(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured that, in cases where the sectorial legislation cannot be applied, the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.

Amendment  12

 

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.

(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics, such as physical, mechanical and chemical characteristics, and presentation as well as the specific needs and risks, which may also include environmental risk inasmuch as it poses a risk to the health and safety of consumers, for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. That assessment should take into account the health risk posed by digital connected products, including on mental health, especially on vulnerable consumers such as children. Therefore, when assessing the safety of digital connected products likely to have an impact on children, manufacturers should ensure that the products they make available on the market meet the highest standards of safety, security and privacy by design in the best interests of children. Furthermore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of all products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.

Amendment  13

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(24) Economic operators should have obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers. All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process.

(24) Economic operators should have proportionate obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers, while also ensuring efficient functioning of the internal market. All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. In order to balance administrative burdens, digital consumer information tools should be allowed to provide information in a sustainable and accessible way over time. Within that context, it is important to ensure that the contact information of all economic operators intervening in the supply and distribution chain is easily accessible to consumers and market surveillance authorities and that products are accompanied with the relevant documentation. That information could be additionally provided by the economic operators in a digital form by means of electronic solutions, such as a QR or data matrix code.

Amendment  14

 

Proposal for a regulation

Recital 24 a (new)

 

Text proposed by the Commission

Amendment

 

(24a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example, a direct channel to connect to experts in case of questions, taking into account the need to simplify and limit the administrative burdens.

Amendment  15

 

Proposal for a regulation

Recital 25

 

Text proposed by the Commission

Amendment

(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling has grown consistently and steadily, creating new business models and new actors in the market such as the online marketplaces.

(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling has grown consistently and steadily, creating new business models, new challenges regarding product safety and new actors in the market such as the online marketplaces.

Amendment  16

 

Proposal for a regulation

Recital 25 a (new)

 

Text proposed by the Commission

Amendment

 

(25a) In the case of a product offered for sale through distance sales, the product should be considered to have been made available on the market if the offer for sale is directed at consumers in the Union. In accordance with the applicable Union rules on private international law, a case-by-case analysis should be carried out in order to establish whether an offer is directed at consumers in the Union. An offer for sale should be considered to be directed at consumers in the Union if the relevant economic operator directs, by any means, its activities to a Member State. For the case-by-case analyses, relevant factors, such as the geographical areas to which dispatch is possible, the languages available, used for the offer or for ordering, or means of payment, need to be taken into consideration. In the case of online sales, the mere fact that the economic operators' or the intermediaries' website is accessible in the Member State in which the consumer is domiciled is insufficient.

Amendment  17

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system.

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. Online marketplaces, depending on their business model and their role and involvement in a supply chain, could also be considered as manufacturer, importer distributor, fulfilment service provider or authorised representative and, in that case, should be subject to the legal obligations and responsibilities applicable to those actors as laid down in this Regulation or in relevant Union harmonisation legislation. For example, if an online marketplace presents itself as the manufacturer by affixing to the product its name, trade mark or other distinctive mark, or if it reconditions it or if its activity affects the safety properties of the product, it should be considered as a manufacturer and should have the obligations thereof.

Amendment  18

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field.

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety with the aim of enhancing the protection of consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces have indicated a lack of progress in some of the voluntary commitments reducing its effectiveness with regard to consumer protection and cannot ensure a level-playing field.

Amendment  19

 

Proposal for a regulation

Recital 28 a (new)

 

Text proposed by the Commission

Amendment

 

(28a) This Regulation should also lay down provisions encouraging online marketplaces to enter into voluntary memoranda of understanding with market surveillance authorities or organisations representing consumers to undertake voluntary commitments with regard to the products sold online that go beyond the legal obligations laid down in Union law.

Amendment  20

 

Proposal for a regulation

Recital 30 a (new)

 

Text proposed by the Commission

Amendment

 

(30a) The online marketplaces should designate a single point of contact for consumers to serve as a single window for consumer communications on product safety issues, which may then be redirected to the proper service unit of an online marketplace. This should not prevent additional points of contact for specific services being made available to consumers.

Amendment  21

 

Proposal for a regulation

Recital 32

 

Text proposed by the Commission

Amendment

(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation. In addition, online marketplaces are strongly encouraged to check products with Safety Gate before placing them on their website.

Amendment  22

 

Proposal for a regulation

Recital 33

 

Text proposed by the Commission

Amendment

(33) Article 14(4) of Regulation (EU) 2019/1020 provides market surveillance authorities with the power, where no other effective means are available to eliminate a serious risk, to require the removal of content referring to the related products from an online interface or to require the explicit display of a warning to end users when they access an online interface. The powers entrusted to market surveillance authorities by Article 14(4) of Regulation (EU) 2019/1020 should also apply to this Regulation. For effective market surveillance under this Regulation and to avoid dangerous products being present on the Union market, this power should apply in all necessary and proportionate cases and also for products presenting a less than serious risk. It is essential that online marketplaces comply with such orders as a matter of urgency. Therefore, this Regulation introduces binding time limits in this respect, without prejudice to the possibility for a shorter time limit to be laid down in the order itself. This power should be exercised in accordance with [Article 8] of the Digital Services Act.

(33) Article 14(4) of Regulation (EU) 2019/1020 provides market surveillance authorities with the power, where no other effective means are available to eliminate a serious risk, to require the removal of content referring to the related products from an online interface or to require the explicit display of a warning to end users when they access an online interface. The powers entrusted to market surveillance authorities by Article 14(4) of Regulation (EU) 2019/1020 should also apply to this Regulation. For effective market surveillance under this Regulation and to avoid dangerous products being present on the Union market, this power should apply in all necessary and proportionate cases and also for products presenting a less than serious risk. It is essential that online marketplaces comply with such orders as a matter of urgency. Therefore, this Regulation introduces binding time limits in this respect. This power should be exercised in accordance with [Article 8] of the Digital Services Act.

Amendment  23

 

Proposal for a regulation

Recital 34

 

Text proposed by the Commission

Amendment

(34) Even where the information from the Safety Gate does not contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concerned, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.

(34) Even where the information from the Safety Gate does not contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concerned, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable. Nonetheless, the Safety Gate should be modernised and updated in order to make it easier for online marketplaces to detect unsafe products and, with that aim, it should be possible to implement the provisions on the removal of illegal content referring to dangerous products from online marketplaces by means of a Union notification system designed and developed within the Safety Gate.

Amendment  24

 

Proposal for a regulation

Recital 35

 

Text proposed by the Commission

Amendment

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest and other relevant stakeholders, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.

Amendment  25

 

Proposal for a regulation

Recital 36

 

Text proposed by the Commission

Amendment

(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.

(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline.

Amendment  26

 

Proposal for a regulation

Recital 37

 

Text proposed by the Commission

Amendment

(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.

(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, only for the purpose of product safety, market surveillance authorities and other competent authorities, upon specific request, may also need to scrape data from the online marketplaces.

Amendment  27

 

Proposal for a regulation

Recital 39 a (new)

 

Text proposed by the Commission

Amendment

 

(39a) The precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account in a proportionate manner by market surveillance authorities when applying this Regulation.

Amendment  28

 

Proposal for a regulation

Recital 40

 

Text proposed by the Commission

Amendment

(40) Where economic operators or market surveillance authorities face a choice of various corrective measures, the most sustainable action resulting in the lowest environmental impact, such as the repair of the product, should be preferred, provided that it does not result in a lesser level of safety.

(40) Where economic operators or market surveillance authorities face a choice of various corrective measures, the most sustainable action resulting in the lowest environmental impact, such as the repair of the product, should be preferred, provided that it does not result in a lesser level of safety or affects consumers’ rights under other relevant Union legislation.

Amendment  29

 

Proposal for a regulation

Recital 43

 

Text proposed by the Commission

Amendment

(43) When making products available on the market, economic operators should provide minimum information on product safety and traceability as part of the relevant offer. This should be without prejudice to the information requirements laid down by Directive 2011/83/EU of the European Parliament and of the Council31 , such as on the main characteristics of the goods, to the extent appropriate to the medium and to the goods.

deleted

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31 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

 

Amendment  30

 

Proposal for a regulation

Recital 44

 

Text proposed by the Commission

Amendment

(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.

(44) Ensuring product identification and information on the manufacturer and other relevant economic operators throughout the entire supply chain helps to identify economic operators and, where applicable, to take effective and proportionate corrective measures against dangerous products, such as targeted recalls. Product identification and information on the manufacturer and other relevant economic operators thus ensures that consumers, including persons with disabilities, and market surveillance authorities obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, as applicable, of the importer and other relevant economic operators. Such requirements could be made stricter for certain kinds of products, susceptible to bear a serious risk to health and safety of consumers, by a system of collection and storage of data enabling, besides the identification of the product, the identification of its components or of the economic operators involved in its supply chain. This should be without prejudice to the information requirements laid down by Directive 2011/83/EU1a of the European Parliament and of the Council, such as on the main characteristics of the goods, to the extent appropriate to the medium and to the goods.

 

_______________

 

1a Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

Amendment  31

 

Proposal for a regulation

Recital 44 a (new)

 

Text proposed by the Commission

Amendment

 

(44a) Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe. The amount of information to be provided should be proportionate to the complexity of the product and possible risks. In particular, manufacturers should provide a general description of the product and of its essential properties relevant for assessing its safety. In the case of complex products or products presenting higher risks, the information to be provided might need a more extensive description of the product, including an analysis of possible risks and the technical means adopted to mitigate or eliminate the risks. In such cases if the product complies with European standards or other elements applied to meet the general safety requirement, the list of those elements should also be indicated.

Amendment  32

 

Proposal for a regulation

Recital 45

 

Text proposed by the Commission

Amendment

(45) The legal framework for market surveillance of products covered by Union harmonisation legislation and set out in Regulation (EU) 2019/1020 and the legal framework for market surveillance of products covered by this Regulation should be as coherent as possible. It is therefore necessary, as far as market surveillance activities, obligations, powers, measures, and cooperation among market surveillance authorities are concerned, to close the gap between the two sets of provisions. For that purpose Articles 10 to 16, Articles 18 and 19 and Articles 21 to 24 of Regulation (EU) 2019/1020 should be applicable also to products covered by this Regulation.

deleted

Amendment  33

 

Proposal for a regulation

Recital 47 a (new)

 

Text proposed by the Commission

Amendment

 

(47a) Market surveillance authorities should conduct inspections on products acquired under a cover identity on a regular basis, in particular on those products made available on online marketplaces and products that are most frequently notified on the Safety Gate.

Amendment  34

 

Proposal for a regulation

Recital 48

 

Text proposed by the Commission

Amendment

(48) An exchange of information between Member States and the Commission concerning the implementation of this Regulation should be established on the basis of output indicators which would allow measuring and comparing Member States’ effectiveness in implementing Union product safety legislation.

(48) An exchange of information between Member States and the Commission concerning the application of this Regulation should be established on the basis of output indicators which would allow measuring the effectiveness of Union product safety legislation.

Amendment  35

 

Proposal for a regulation

Recital 49

 

Text proposed by the Commission

Amendment

(49) There should be effective, speedy and accurate exchange of information concerning dangerous products.

(49) There should be effective, speedy and accurate exchange of information concerning dangerous products to ensure that appropriate measures are taken in relation to those products and to protect consumers fully.

Amendment  36

 

Proposal for a regulation

Recital 50

 

Text proposed by the Commission

Amendment

(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enables corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway).

(50) The Union rapid information system (RAPEX) should be modernised to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). In addition, the Commission should develop an interoperable interface to enable online marketplaces to link their interfaces with the Safety Gate in an easy, quick and reliable way.

Amendment  37

 

Proposal for a regulation

Recital 52

 

Text proposed by the Commission

Amendment

(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers.

(52) Under Article 34 of Regulation (EU) 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. It is important to ensure that all of that information is available in the official language(s) of the consumer’s Member State of residence and that it is written in clear and understandable language. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be accessible to persons with disabilities.

Amendment  38

 

Proposal for a regulation

Recital 54

 

Text proposed by the Commission

Amendment

(54) The Commission should maintain and further develop the Safety Business Gateway web portal, enabling economic operators to comply with their obligations to inform market surveillance authorities and consumers of dangerous products they have placed or made available on the market. This tool should also enable economic operators to inform market surveillance authorities of accidents caused by products they have placed or made available on the market. It should enable quick and efficient information exchange between economic operators and national authorities, and facilitate information to consumers from economic operators.

(54) The Commission should maintain and further develop the Safety Business Gateway web portal, enabling economic operators to comply with their obligations to inform market surveillance authorities and consumers of dangerous products they have made available on the market. This tool should also enable economic operators to inform market surveillance authorities of accidents caused by products they have made available on the market. Economic operators should aim to investigate complaints and information on accidents from consumers as quickly as possible in order to ensure timely and efficient information exchange with national authorities, and facilitate information to consumers from economic operators.

Amendment  39

 

Proposal for a regulation

Recital 55

 

Text proposed by the Commission

Amendment

(55) There might be cases where it is necessary to deal with a serious risk at the Union level where the risk cannot be contained satisfactorily by means of measures taken by the Member State concerned or by any other procedure under Union legislation. This could notably be the case of new emerging risks or those impacting vulnerable consumers. For that reason the Commission can adopt measures either on its own initiative or upon request of the Member States. Such measures should be adapted to the gravity and urgency of the situation. It is furthermore necessary to provide for an adequate mechanism whereby the Commission could adopt immediately applicable interim measures.

(55) There might be cases where it is necessary to deal with a serious risk at the Union level where the risk cannot be contained satisfactorily by means of measures taken by the Member State concerned or by any other procedure under Union legislation. This could notably be the case of new emerging risks or those impacting vulnerable consumers. For that reason the Commission can adopt measures either on its own initiative or upon request of the Member States or relevant interested parties. Such measures should be adapted to the gravity and urgency of the situation. It is furthermore necessary to provide for an adequate mechanism whereby the Commission could adopt immediately applicable interim measures.

Amendment  40

 

Proposal for a regulation

Recital 56

 

Text proposed by the Commission

Amendment

(56) The determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. Member States, in performing risk assessment, might reach different results as far as the presence of a risk or its level is concerned. This could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. An arbitration mechanism should therefore be made available to Member States, on a voluntary basis, which would allow the Commission, to provide an opinion on the issue in dispute.

(56) The determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. Member States, in performing risk assessment, might reach different results as far as the presence of a risk or its level is concerned. This could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. An arbitration mechanism should therefore be established to allow the Commission to provide an opinion on the issue in dispute.

Amendment  41

 

Proposal for a regulation

Recital 56 a (new)

 

Text proposed by the Commission

Amendment

 

(56a) The Commission should draw up a periodic report on the application of the arbitration mechanism for risk assessments, which should be presented to the Consumer Safety Network. That report should identify the main criteria applied by the Member States for risk assessment and their impact on the internal market and on an equal level of consumer protection, with the aim of enabling Member States and the Commission to harmonise the approaches and criteria for risk assessment.

Amendment  42

 

Proposal for a regulation

Recital 57

 

Text proposed by the Commission

Amendment

(57) The Consumer Safety Network enhances the cooperation on product safety enforcement between Member States. In particular, it facilitates the activities of exchange of information, the organisation of joint market surveillance activities, the exchange of expertise and best practices. The Consumer Safety Network should be duly represented and participate in the coordination and cooperation activities of the Union Product Compliance Network provided for in Regulation (EU) 2019/1020 whenever coordination of activities falling under the scope of application of both Regulations is necessary to ensure their effectiveness.

(57) The Consumer Safety Network enhances the cooperation on product safety enforcement between Member States. In particular, it facilitates the activities of exchange of information, the organisation of joint market surveillance activities, the exchange of expertise and best practices. It should also contribute to harmonisation of the methodologies to collect data on product safety, as well as to an increase in the interoperability between regional, sectorial, national and European information systems for product safety. The Consumer Safety Network should be duly represented and participate in the coordination and cooperation activities of the Union Product Compliance Network provided for in Regulation (EU) 2019/1020 whenever coordination of activities falling under the scope of application of both Regulations is necessary to ensure their effectiveness.

Amendment  43

 

Proposal for a regulation

Recital 58

 

Text proposed by the Commission

Amendment

(58) Market surveillance authorities might carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situation which might distort competition or affect the objectivity, independence and impartiality of the parties.

(58) Market surveillance authorities should carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations, which might distort competition or affect the objectivity, independence and impartiality of the parties.

Amendment  44

 

Proposal for a regulation

Recital 59

 

Text proposed by the Commission

Amendment

(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.

(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation, In particular, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.

Amendment  45

 

Proposal for a regulation

Recital 60

 

Text proposed by the Commission

Amendment

(60) The public interface of the Safety Gate, the Safety Gate portal, allows the general public, including consumers, economic operators and online marketplaces, to be informed about corrective measures taken against dangerous products present on the Union market. A separate section of the Safety Gate portal enables consumers to inform the Commission of products presenting a risk to consumer health and safety found in the market. Where relevant, the Commission should provide adequate follow-up, notably by transmitting such information to the concerned national authorities.

(60) The public interface of the Safety Gate, the Safety Gate portal, allows the general public, including consumers, economic operators and online marketplaces, to be informed about corrective measures taken against dangerous products present on the Union market. A separate section of the Safety Gate portal enables consumers to inform the Commission of products presenting a risk to consumer health and safety found in the market. Where relevant, the Commission should provide adequate follow-up, notably by transmitting such information to the concerned national authorities. The database and website of the Safety Gate should be easily accessible for persons with disabilities.

Amendment  46

 

Proposal for a regulation

Recital 61

 

Text proposed by the Commission

Amendment

(61) In making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.

(61) Public access to the information available to the authorities on product safety should, as a general rule, be ensured. However, in making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.

Amendment  47

 

Proposal for a regulation

Recital 62

 

Text proposed by the Commission

Amendment

(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number.

(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators and, where applicable, online marketplaces should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators and online marketplaces to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators and online marketplaces will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number.

Amendment  48

 

Proposal for a regulation

Recital 64 a (new)

 

Text proposed by the Commission

Amendment

 

(64a) The Commission should publish guidance to market surveillance authorities to ensure more uniform enforcement when dealing with recalls. Member States should also ensure that the authorities have sufficient expertise and resources for all their enforcement activities.

Amendment  49

 

Proposal for a regulation

Recital 65

 

Text proposed by the Commission

Amendment

(65) In order to facilitate the effective and consistent application of the general safety requirement set out in this Regulation, it is important to make use of European standards covering certain products and risks in such a way that a product which conforms to such a European standard, the reference of which is published in the Official Journal of the European Union, is presumed to be in compliance with that requirement.

(65) In order to facilitate the effective and consistent application of the general safety requirement set out in this Regulation, it is important to make use of European standards covering certain products and risks. European standards, the references of which have been published in accordance with Directive 2001/95/EC, should be considered as European product safety standards and should provide a presumption of conformity with the general safety requirement set out in this Regulation. Standardisation requests issued by the Commission in accordance with Directive 2001/95/EC should be deemed to be standardisation requests issued in accordance with this Regulation.

Amendment  50

 

Proposal for a regulation

Recital 66 a (new)

 

Text proposed by the Commission

Amendment

 

(66a) Products could present different risks for different genders and standardisation activities should take this into account to avoid discrepancies in terms of safety and therefore a gender safety gap. The Gender Responsive Standards Declaration outlines several actions that national standards bodies and standards developing organisations should include in their gender action plan for gender responsive standards and standards development, in order to achieve gender balanced, representative and inclusive standards.

Amendment  51

 

Proposal for a regulation

Recital 69

 

Text proposed by the Commission

Amendment

(69) European standards, the references of which have been published in accordance with Directive 2001/95/EC, should continue providing a presumption of conformity with the general safety requirement set out in this Regulation. Standardisation requests issued by the Commission in accordance with Directive 2001/95/EC should be deemed standardisation requests issued in accordance with this Regulation.

deleted

Amendment  52

 

Proposal for a regulation

Recital 70

 

Text proposed by the Commission

Amendment

(70) The Union should be able to cooperate and to exchange information related to product safety with regulatory authorities of third countries or international organisations within the framework of agreements concluded between the Commission and third countries or international organisations. Such cooperation and exchange of information should respect confidentiality and personal data protection rules of the Union.

(70) The Union should be able to cooperate and to exchange information related to product safety with regulatory authorities of third countries or international organisations within the framework of agreements concluded between the Commission and third countries or international organisations, also with a view to preventing the circulation of dangerous products on the Union market. Such cooperation and exchange of information should respect confidentiality and personal data protection rules of the Union.

Amendment  53

 

Proposal for a regulation

Recital 71

 

Text proposed by the Commission

Amendment

(71) In order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or online marketplace and to the type and gravity of the injury suffered by the consumer. Furthermore an homogenous level of penalties is important to ensure a level playing field, avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.

(71) In order to play a significant deterrent effect for economic operators and, where applicable, online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or online marketplace and to the type and gravity of the injury suffered by the consumer. Furthermore an homogenous level of penalties is important to ensure a level playing field, avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.

Amendment  54

 

Proposal for a regulation

Recital 72

 

Text proposed by the Commission

Amendment

(72) When imposing penalties, due regard should be given to the nature, gravity and duration of the infringement in question. The imposition of penalties should be proportionate and should comply with Union and national law, including with applicable procedural safeguards and with the principles of the Charter of fundamental rights.

(72) When imposing penalties, due regard should be given to the nature, gravity and duration of the infringement in question. The imposition of penalties should be effective, proportionate and dissuasive and should comply with Union and national law, including with applicable procedural safeguards and with the principles of the Charter of fundamental rights.

Amendment  55

 

Proposal for a regulation

Recital 74

 

Text proposed by the Commission

Amendment

(74) In order to ensure more consistency, a list of those types of infringements that should be subject to penalties should be included.

deleted

Amendment  56

 

Proposal for a regulation

Recital 75

 

Text proposed by the Commission

Amendment

(75) The deterrent effect of penalties should be reinforced by the possibility to publish the information related to the penalties imposed by Member States. Where these penalties are issued against natural persons or include personal data, they may be published in a manner that complies with the data protection requirements as set out in Regulation (EU) 2016/679 of the European Parliament and of the Council34 and Regulation (EU) 2018/1725 of the European Parliament and of the Council35 . The annual report on the penalties imposed by the Member States should contribute to the level playing field and to prevent repeated infringements. For reasons of legal certainty and in accordance with the principle of proportionality, it should be specified in which situations a publication should not take place. As far as natural persons are concerned, personal data should only be published in exceptional circumstances justified by the seriousness of the infringement, for instance when a penalty has been imposed to an economic operator whose name identifies a natural person and such economic operator has repeatedly failed to comply with the general product safety requirement.

(75) The deterrent effect of penalties should be reinforced by the possibility to publish the information related to the penalties imposed by Member States. The annual report on the penalties imposed by the Member States should contribute to the level playing field and to prevent repeated infringements.

__________________

 

34 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

 

35 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

 

Amendment  57

 

Proposal for a regulation

Recital 78

 

Text proposed by the Commission

Amendment

(78) In order to maintain a high level of health and safety of consumers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the identification and traceability of products bearing a potential serious risk to health and safety. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(78) In order to maintain a high level of health and safety of consumers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the identification of the products, categories or groups of products for which checks should be carried out by the responsible person established in the Union, and the identification and traceability of products bearing a potential serious risk to health and safety. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

__________________

__________________

37 OJ L 123, 12.5.2016, p. 1.

37 OJ L 123, 12.5.2016, p. 1.

Amendment  58

 

Proposal for a regulation

Recital 80

 

Text proposed by the Commission

Amendment

(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 and (EU) 2018/1725. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.

(80) Where, for the purposes of this Regulation, it is necessary to process personal data, such processing should be carried out in accordance with Union law on the protection of personal data. Any processing of personal data under this Regulation is subject to Regulation (EU) 2016/679, Regulation (EU) 2018/1725 and Directive 2002/58/EC, as applicable. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.

Amendment  59

 

Proposal for a regulation

Article 1 – title

 

Text proposed by the Commission

Amendment

Subject matter

Subject matter and objective

Amendment  60

 

Proposal for a regulation

Article 1 – paragraph 1

 

Text proposed by the Commission

Amendment

This Regulation lays down essential rules on the safety of consumer products placed or made available on the market.

The objective of this Regulation is to improve the functioning of the internal market and maintain a high level of health, safety and consumer protection by laying down essential rules to ensure the safety of consumer products made available on the Union market.

Amendment  61

 

Proposal for a regulation

Article 2 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

This Regulation shall apply to products defined in Article 3(1), placed or made available on the market in so far as there are no specific provisions with the same objective in rules of Union law which regulate the safety of the products concerned.

This Regulation shall apply to products defined in Article 3(1), made available on the market in so far as there are no specific provisions with the same objective in rules of Union law which regulate the safety of the products concerned

Amendment  62

 

Proposal for a regulation

Article 2 – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

(g) equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers;

(g) equipment on which consumers ride or travel when that equipment is directly operated by a service provider within the context of a transport service provided to consumers and not operated by the consumers themselves;

Amendment  63

 

Proposal for a regulation

Article 2 – paragraph 3

 

Text proposed by the Commission

Amendment

3. This Regulation shall apply to products placed or made available on the market whether new, used, repaired or reconditioned. It shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such.

3. This Regulation shall apply to products made available on the market whether new, used, repaired or reconditioned. It shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such.

Amendment  64

 

Proposal for a regulation

Article 2 – paragraph 5

 

Text proposed by the Commission

Amendment

5. This Regulation shall be applied taking due account of the precautionary principle.

deleted

Amendment  65

 

Proposal for a regulation

Article 3 – paragraph 1 – point 1

 

Text proposed by the Commission

Amendment

1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;

1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or is likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them;

Amendment  66

 

Proposal for a regulation

Article 3 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;

2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;

Amendment  67

 

Proposal for a regulation

Article 3 – paragraph 1 – point 9

 

Text proposed by the Commission

Amendment

9. ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his or her behalf in relation to specified tasks;

9. ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer’s behalf in relation to specified tasks;

Amendment  68

 

Proposal for a regulation

Article 3 – paragraph 1 – point 14

 

Text proposed by the Commission

Amendment

14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumers for the sale of products covered by this Regulation;

14. ‘online marketplace’ means a provider of an intermediary service using an online interface, which gives consumers access to traders’ products and allows consumers to conclude distance contracts with those traders for the sale of products covered by this Regulation;

Amendment  69

 

Proposal for a regulation

Article 3 – paragraph 1 – point 15

 

Text proposed by the Commission

Amendment

15. ‘online interface’ means any software, including a website, part of a website or an application, that is operated by or on behalf of an economic operator, and which serves to give end users access to the economic operator's products;

15. ‘online interface’ means any software, including a website, part of a website or an application, including mobile applications;

Amendment  70

 

Proposal for a regulation

Article 3 – paragraph 1 – point 15 a (new)

 

Text proposed by the Commission

Amendment

 

15a. ‘distance contract’ means a distance contract as defined in Article 2, point (7), of Directive 2011/83/EU;

Amendment  71

 

Proposal for a regulation

Article 3 – paragraph 1 – point 23

 

Text proposed by the Commission

Amendment

23. ‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the consumer;

23. ‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the end-user;

Amendment  72

 

Proposal for a regulation

Article 3 – paragraph 1 – point 25 a (new)

 

Text proposed by the Commission

Amendment

 

25a. ‘antiques’ means products, such as collectible objects and works of art, in relation to which consumers cannot reasonably expect that they fulfil state-of-the-art safety standards.

Amendment  73

 

Proposal for a regulation

Article 4 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Products offered for sale online or through other means of distance sales shall be deemed to be made available on the market if the offer is targeted at consumers in the Union. An offer for sale shall be considered to be targeted at consumers in the Union if the relevant economic operator directs, by any means, its activities to one or several Member State(s).

1. Products offered for sale online or through other means of distance sales shall be deemed to be made available on the market if the offer is directed at consumers in the Union. An offer for sale shall be considered to be directed at consumers in the Union if the relevant economic operator directs, by any means, its activities to one or several Member State(s)

Amendment  74

 

Proposal for a regulation

Article 4 – paragraph 2

 

Text proposed by the Commission

Amendment

2. For the purpose of determining whether an offer is targeted at consumers in the Union, the following non-exhaustive criteria shall be taken into account:

deleted

(a) the use of an official language or currency of the Member States,

 

(b) a domain name registered in one of the Member States,

 

(c) the geographical areas to which the products can be dispatched.

 

Amendment  75

 

Proposal for a regulation

Article 5 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Economic operators shall place or make available on the Union market only safe products.

1. Economic operators shall make available on the Union market only safe products.

Amendment  76

 

Proposal for a regulation

Article 5 a (new)

 

Text proposed by the Commission

Amendment

 

Article 5a

 

Aspects for assessing the safety of products

 

1. When assessing whether a product is safe, the following aspects shall be taken in particular into account:

 

(a) the characteristics of the product, including its design, technical features, composition, packaging, instructions for assembly and, where applicable, for installation, use and maintenance;

 

(b) the effect on other products, where it is reasonably foreseeable that it will be used with other products, including the interconnection of products among them;

 

(c) the effect that other products might have on the product to be assessed, where it is reasonably foreseeable that other products will be used with that product, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other product;

 

(d) the presentation of the product, the labelling, including the labelling regarding age suitability for children, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product;

 

(e) the categories of consumers at risk when using the product, in particular by assessing the risk for vulnerable consumers such as children, older people and persons with disabilities, as well as the different impact on health and safety of different genders;

 

(f) 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 and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children;

 

(g) the fact that although not designed or not intended for use by children, the product is likely to be used by children or resembles an object or a product commonly recognised as appealing to or intended for use by children, because of its design, packaging and characteristics;

 

(h) when required by the nature of product, the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence may have an impact on the safety of the product, including the possible loss of interconnection;

 

(i) the evolving, learning and predictive functionalities of a product when such functionalities have an impact on the safety of the product.

 

2. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe.

Amendment  77

 

Proposal for a regulation

Article 6 – title

 

Text proposed by the Commission

Amendment

Presumption of safety

Presumption of conformity with the general safety requirement

Amendment  78

 

Proposal for a regulation

Article 6 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) if it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(7) of Regulation (EU) 1025/2012;

(a) if it conforms to relevant European product safety standards or parts thereof as far as the risks and risk categories covered by those standards are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(7) of Regulation (EU) No 1025/2012; or

Amendment  79

 

Proposal for a regulation

Article 6 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements.

(b) in the absence of European standards referred to in point (a) of this paragraph, as regards the risks and risk categories covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, such requirements being in conformity with the Treaties, and in particular with Articles 34 and 36 of the Treaty on the Functioning of the European Union, if it conforms to such national requirements.

Amendment  80

 

Proposal for a regulation

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European product safety standards satisfy the general safety requirement laid down in Article 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Amendment  81

 

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

3. However, presumption of safety under paragraph 1 shall not prevent market surveillance authorities from taking action under this Regulation where there is evidence that, despite such conformity, the product is dangerous.

3. However, presumption of conformity with the general safety requirement under paragraph 1 shall not prevent market surveillance authorities from taking all appropriate measures under this Regulation where there is evidence that, despite such conformity, the product is dangerous.

Amendment  82

 

Proposal for a regulation

Article 7 – title

 

Text proposed by the Commission

Amendment

Aspects for assessing the safety of products

Additional elements for assessing the safety of products

Amendment  83

 

Proposal for a regulation

Article 7 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Where the presumption of safety laid down in Article 5 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:

deleted

(a) the characteristics of the product, including its design, technical features, composition, packaging, instructions for assembly and, where applicable, for installation and maintenance;

 

(b) the effect on other products, where it is reasonably foreseeable that it will be used with other products, including the interconnection of products among them;

 

(c) the effect that other products might have on the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other product;

 

(d) the presentation of the product, the labelling, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product;

 

(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people and persons with disabilities;

 

(f) 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;

 

(g) the fact that although not designed or not intended for use by children, the product resembles an object commonly recognized as appealing to or intended for use by children, because of its design, packaging and characteristics;

 

(h) the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence might have an impact on the safety of the product;

 

(i) the evolving, learning and predictive functionalities of a product.

 

Amendment  84

 

Proposal for a regulation

Article 7 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe.

deleted

Amendment  85

 

Proposal for a regulation

Article 7 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3. For the purpose of paragraph 1, when assessing whether a product is safe, the following elements, when available, shall be taken into account, in particular:

3. For the purpose of Article 5a and where the presumption of safety under Article 6 does not apply, when assessing whether a product is safe, the following elements, when available, shall be taken in particular into account:

Amendment  86

 

Proposal for a regulation

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.

deleted

Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.

 

Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded.

 

Amendment  87

 

Proposal for a regulation

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.

deleted

Amendment  88

 

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

Manufacturers shall draw up technical documentation of the product. The technical documentation shall contain, as appropriate:

Before placing a product on the market, manufacturers shall draw up a technical documentation containing at least a general description of the product and its essential properties relevant for assessing its safety.

 

Where deemed appropriate with regard to the risks presented by a product, the technical documentation referred to in the first subparagraph shall also contain:

Amendment  89

 

Proposal for a regulation

Article 8 – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

(a) a general description of the product and its essential properties relevant for assessing the product's safety;

deleted

Amendment  90

 

Proposal for a regulation

Article 8 – paragraph 4 – point c

 

Text proposed by the Commission

Amendment

(c) the list of the European standards referred to in Article 6(1) point a, or the other elements referred to in Article 7(3), applied to meet the general safety requirement laid down in Article 5.

(c) the list of the European standards referred to in Article 6(1) point a, or the other elements referred to in 6(1) point b or Article 7, applied to meet the general safety requirement laid down in Article 5.

Amendment  91

 

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where any of the European standards, health and safety requirements or elements referred to in Article 7(3) have been only partly applied, the parts which have been applied shall be identified.

Where any of the European standards, health and safety requirements or elements referred to in Article 6(1) or Article 7 have been only partly applied, the parts which have been applied shall be identified.

Amendment  92

 

Proposal for a regulation

Article 8 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Manufacturers shall keep the technical documentation, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.

5. Manufacturers shall ensure that the technical documentation referred to in paragraph 4 is up to date. They shall keep it for a period of ten years after the product has been placed on the market at the disposal of the market surveillance authorities, upon request.

Amendment  93

 

Proposal for a regulation

Article 8 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 5.

Amendment  94

 

Proposal for a regulation

Article 8 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted.

7. Manufacturers shall indicate their name, registered trade name or registered trade mark, the postal address and the website or electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted.

Amendment  95

 

Proposal for a regulation

Article 8 – paragraph 9

 

Text proposed by the Commission

Amendment

9. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 5.

deleted

Amendment  96

 

Proposal for a regulation

Article 8 – paragraph 10

 

Text proposed by the Commission

Amendment

10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, as appropriate.

10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to effectively bring the product into conformity, including a withdrawal or recall, as appropriate. Where the product poses a risk to the health and safety of consumers, manufacturers shall immediately alert them thereof in accordance with Article 33 and, via the Safety Business Gateway referred to in Article 25, immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken, and if available of the quantity by Member State of products still circulating in the market.

Amendment  97

 

Proposal for a regulation

Article 8 – paragraph 11

 

Text proposed by the Commission

Amendment

11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.

deleted

Amendment  98

 

Proposal for a regulation

Article 8 – paragraph 11 a (new)

 

Text proposed by the Commission

Amendment

 

11a. Manufacturers shall inform distributors, importers and, where relevant, responsible persons, fulfilment service providers and online marketplaces in the supply chain concerned of any safety issue that they have identified.

Amendment  99

 

Proposal for a regulation

Article 8 – paragraph 11 b (new)

 

Text proposed by the Commission

Amendment

 

11b. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, allowing  consumers to file complaints that concern products which manufacturers have made available on the market and enabling manufacturers to be informed of any accident or safety issue consumers have experienced with those products.

 

Manufacturers shall investigate the complaints and information on accidents received that concern products which have been identified as dangerous by the complainant, and shall keep an internal register of those complaints as well as of product recalls.

 

Personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. Such data shall only be kept for as long as is necessary for the purpose of investigation and in any event for no longer than five years after they have been encoded.

Amendment  100

 

Proposal for a regulation

Article 9 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to perform at least the following tasks:

An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. It shall provide a copy of the mandate to the market surveillance authorities upon request. The mandate shall allow the authorised representative to perform at least the following tasks:

Amendment  101

 

Proposal for a regulation

Article 9 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer;

(b) where they have a reason to believe that a product in question is not safe, inform the manufacturer;

Amendment  102

 

Proposal for a regulation

Article 9 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by products covered by their mandate.

(c) cooperate with the competent national authorities, at their request, on any action taken to effectively eliminate the risks posed by products covered by their mandate.

Amendment  103

 

Proposal for a regulation

Article 10 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informed.

2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informed without undue delay.

Amendment  104

 

Proposal for a regulation

Article 10 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.

3. Importers shall indicate their name, registered trade name or registered trade mark, the postal address and the website or electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.

Amendment  105

 

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 1

 

Text proposed by the Commission

Amendment

Importers shall ensure that the communication channels referred to in Article 8(2), second subparagraph, are available to consumers allowing them to present complaints and communicate any accident or safety issue they have experienced with the product. If such channels are not available the importer shall provide for them.

Importers shall verify whether that the communication channels referred to in Article 8(11b), first subparagraph, are publicly available and allow presentation of complaints and communication of any accident or safety issue consumers have experienced with the product, taking into account accessibility needs for persons with disabilities. If such channels are not available the importer shall provide for them.

Amendment  106

 

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 2

 

Text proposed by the Commission

Amendment

6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the register referred to in Article 8(2), first subparagraph, or in their own register. Importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation.

Importers shall investigate complaints and information on accidents related to products they made available on the market, which have been identified as dangerous by the complainant, and file those complaints, as well as products recalls, in the register referred to in Article 8(11b), second subparagraph, and in their own internal register. Importers shall keep the manufacturer, distributors and, where relevant, fulfilment service providers and online marketplaces informed of the investigation performed and of the results of the investigation.

Amendment  107

 

Proposal for a regulation

Article 10 – paragraph 8

 

Text proposed by the Commission

Amendment

8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.

8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to effectively bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Where the product poses a risk to the health and safety of consumers, importers shall ensure that they are immediately alerted thereof in accordance with Article 33 and that market surveillance authorities of the Member States in which they made the product available are immediately informed to that effect through the Safety Business Gateway referred to in Article 25, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken, and if available of the quantity by Member State of products still circulating in the market.

Amendment  108

 

Proposal for a regulation

Article 10 – paragraph 9

 

Text proposed by the Commission

Amendment

9. Importers shall keep the technical documentation referred to in Article 8(4) for a period of 10 years after they have placed the product on the market and make it available to the market surveillance authorities, upon request.

9. Importers shall keep the copy of technical documentation referred to in Article 8(4), first subparagraph, for a period of 10 years after they have placed the product on the market at the disposal of the market surveillance authorities and ensure that the documents referred to in Article 8(4), second subparagraph, points (a) and (b), where applicable, can be made available to those authorities, upon request.

Amendment  109

 

Proposal for a regulation

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.

3. Distributors who consider or have reason to believe that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.

Amendment  110

 

Proposal for a regulation

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed giving details, in particular, of the risk to health and safety and of any corrective measure taken.

4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring effectively the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed giving details, in particular, of the risk to health and safety and of any corrective measure taken.

Amendment  111

 

Proposal for a regulation

Article 12 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

-1. A natural or legal person shall be considered to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 8 where that natural or legal person places a product on the market under the natural or legal person’s name or trademark.

Amendment  112

 

Proposal for a regulation

Article 12 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) the changes have not been made by the consumer for their own use.

(c) the changes have not been made by the consumer for their own use or are performed upon specific request by the consumer on the essential safety features of the product

Amendment  113

 

Proposal for a regulation

Article 14 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.

deleted

Amendment  114

 

Proposal for a regulation

Article 15 – paragraph 2

 

Text proposed by the Commission

Amendment

2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.

2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, for the products, categories or groups of products established by a delegated act adopted in accordance with paragraph 3, the economic operator referred to in paragraph 1 shall periodically carry out checks of randomly chosen products made available on the market.

Amendment  115

 

Proposal for a regulation

Article 15 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. By ... [six months before the date of application of this Regulation] the Commission shall adopt a delegated act in accordance with Article 41 to supplement this Regulation by establishing the list of products, categories or groups of products for which the obligations referred to in paragraph 2 of this Article shall apply.

 

The Commission is empowered to adopt delegated acts in accordance with Article 41 to amend the list of products, categories or groups of products set out in accordance with the first subparagraph.

 

In preparing the delegated acts referred to in the first and second subparagraphs, the Commission shall take into account the potential risk to the health and safety of consumers caused by the products concerned, based on the information from the Safety Gate, related in particular to the products most frequently listed in it, and other relevant evidence.

Amendment  116

 

Proposal for a regulation

Article 15 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The name, registered trade name or registered trade mark, and contact details, including the postal and electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document.

3. The name, registered trade name or registered trade mark, and contact details, including the postal address and the website or electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document.

Amendment  117

 

Proposal for a regulation

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulation.

Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulation and national rules on product safety applicable to products covered by this Regulation. For that purpose, Article 9(1) and (4) of Regulation (EU) 2019/515 shall apply.

Amendment  118

 

Proposal for a regulation

Article 16 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall adopt specific guidelines for economic operators, particularly those that qualify as SMEs, including micro-enterprises, on how to fulfil the obligations laid down in this Regulation. In particular they shall aim to simplify and limit the administrative burden for smaller businesses while ensuring the effective and consistent application in accordance with the general objective of ensuring product safety and consumer protection.

Amendment  119

 

Proposal for a regulation

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.

1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, and after consulting the Consumer Safety Network referred to in Article 28, relevant expert groups and relevant stakeholders, the Commission may set up a system of traceability to which economic operators who make available those products on the market shall adhere.

Amendment  120

 

Proposal for a regulation

Article 17 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access that data, including placement of a data carrier on the product, its packaging or accompanying documents.

2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to allow public access to those data, including placement of a data carrier on the product, its packaging or accompanying documents.

Amendment  121

 

Proposal for a regulation

Article 17 – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

(c) the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2.

(c) the modalities to display and to allow public access to data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2.

Amendment  122

 

Proposal for a regulation

Article 17 – paragraph 4 – point b

 

Text proposed by the Commission

Amendment

(b) the compatibility with traceability systems available at Union or at international level.

(b) the compatibility and interoperability with other product traceability systems already set up at Union or at international level.

Amendment  123

 

Proposal for a regulation

Article 18 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address at which they can be contacted;

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal address and the website or electronic address at which they can be contacted;

Amendment  124

 

Proposal for a regulation

Article 18 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) in case the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the responsible person within the meaning of Article 15(1);

(b) in case the manufacturer is not established in the Union, the name, address, and the website or electronic address of the responsible person within the meaning of Article 15(1);

Amendment  125

 

Proposal for a regulation

Article 18 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;

(c) pictures and other information that allow identification of the product, including its type and any other product identifier;

Amendment  126

 

Proposal for a regulation

Article 18 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) any warning or safety information that is to be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers.

(d) any warning or safety information that is to be affixed on the product or on the packaging or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers.

Amendment  127

 

Proposal for a regulation

Article 19 – title

 

Text proposed by the Commission

Amendment

Obligations of economic operators in case of accidents or safety issues related to products

Obligations of economic operators in case of accidents related to safety of products

Amendment  128

 

Proposal for a regulation

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market is notified, within two working days from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.

1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident directly caused by a product made available on the market is notified immediately after it knows about the accident in accordance with Article 8(10) or about the results of the investigation referred to in Article 8(11b), as applicable, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.

Amendment  129

 

Proposal for a regulation

Article 19 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification.

2. The importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall immediately inform the manufacturer, which can proceed to the notification in accordance with paragraph 1 or instruct the importer or one of the distributors to proceed to such notification.

Amendment  130

 

Proposal for a regulation

Article 19 a (new)

 

Text proposed by the Commission

Amendment

 

Article 19a

 

Information requirements in electronic format

 

Without prejudice to Articles 8(6), (7) and (8), Article 10(3) and Article 15(3), economic operators may additionally make the information referred to in those Articles available in a digital format by means of electronic solutions, such as a non-removable QR or matrix code, clearly visible on the product or, where that is not possible, on its packaging or in a document accompanying the product. That information shall be in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available, and in accessible formats for persons with disabilities.

Amendment  131

 

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Online marketplaces shall establish a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.

Without prejudice to the general obligations provided for in [Article 10 of Regulation (EU) […/…]] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall designate a single point of contact allowing for swift direct communication with Member States’ market surveillance authorities and other competent authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.

Amendment  132

 

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Online marketplaces shall register with the Safety Gate portal and indicate on the portal the information concerning their single contact point.

Online marketplaces shall easily register with the Safety Gate portal and indicate on the portal the information concerning their single contact point.

 

Online marketplaces shall make use of the single point of contact designated in accordance with [Article 10a of Regulation (EU) […/…]] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, to enable consumers to communicate directly and swiftly with them.

Amendment  133

 

Proposal for a regulation

Article 20 – paragraph 2

 

Text proposed by the Commission

Amendment

2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it. Such orders shall contain a statement of reasons and specify one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the illegal content concerned. They may be transmitted by means of the Safety Gate portal.

2. As regards powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to issue orders in accordance with the conditions set out in [Article 8(2)] of Regulation [DSA…/…] to online marketplaces to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it.

Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.

Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued expeditiously. If the information provided by the market surveillance authorities is sufficiently precise to enable the immediate identification and location of the illegal content referring to a dangerous product, the online marketplaces shall act within one working day from the receipt of the order. If online marketplaces have to carry out additional research in order to identify the product, they shall act within two working days from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate. For that purpose, the market surveillance authorities shall allow communication by e-mail or other electronic means.

Amendment  134

 

Proposal for a regulation

Article 20 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Online marketplaces shall inform, where possible, the relevant economic operator of the decision to remove or disable access to the illegal content.

Amendment  135

 

Proposal for a regulation

Article 20 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. Orders issued pursuant to paragraph 2 may require, during the period indicated in the order, the provider of online marketplace to remove from its online interface all identical illegal content referring to the dangerous product in question, to disable access to it or to display an explicit warning to end users, provided that the search for the content concerned is limited to the information identified in the order and does not require the provider to carry out an independent assessment of that content, and that it can be carried out by reliable and proportionate automated search tools.

Amendment  136

 

Proposal for a regulation

Article 20 – paragraph 2 c (new)

 

Text proposed by the Commission

Amendment

 

2c. In the event that a provider of online marketplaces refuses to allow a trader to use its service pursuant to paragraphs 2b, the trader concerned shall have the right to lodge a complaint as provided for in Article 4 of Regulation (EU) 2019/1150 and [Articles 17 of ... DSA Regulation].

Amendment  137

 

Proposal for a regulation

Article 20 – paragraph 2 d (new)

 

Text proposed by the Commission

Amendment

 

2d. After allowing the offering of the product or service by the trader, online marketplaces shall make reasonable efforts to check randomly whether the products offered have been identified as being dangerous products in any official, freely accessible and machine-readable online database or online interface, in particular the Safety Gate Portal.

Amendment  138

 

Proposal for a regulation

Article 20 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.

3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable, also by making use of the interoperable interface to the Safety Gate developed in accordance with Article 23. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.

Amendment  139

 

Proposal for a regulation

Article 20 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

4. Online marketplaces shall without undue delay, and in any event within three working days process notices related to product safety issues with regard to the product offered for sale online through their services, received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

Amendment  140

 

Proposal for a regulation

Article 20 – paragraph 5 – introductory part

 

Text proposed by the Commission

Amendment

For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:

For the purpose of the requirements of [Article 24(c) of Regulation (EU) […/…]] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders using their services to comply with this Regulation.

Amendment  141

 

Proposal for a regulation

Article 20 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. Online marketplaces shall ensure that the following information provided by the traders for each product offered is clearly and visibly displayed or otherwise made easily accessible by consumers on the product listing:

Amendment  142

 

Proposal for a regulation

Article 20 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address at which they can be contacted;

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal address and the website or electronic address at which the manufacturer can be contacted;

Amendment  143

 

Proposal for a regulation

Article 20 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b) where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the responsible person within the meaning of Article 15 (1);

(b) where the manufacturer is not established in the Union, the name, address and the website or electronic address of the responsible person in accordance with Article 15 (1);

Amendment  144

 

Proposal for a regulation

Article 20 – paragraph 5 – point c

 

Text proposed by the Commission

Amendment

(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;

(c) information to identify the product, including its type and any other product identifier;

Amendment  145

 

Proposal for a regulation

Article 20 – paragraph 6 – introductory part

 

Text proposed by the Commission

Amendment

Online marketplaces shall cooperate with the market surveillance authorities and with relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services. That cooperation shall include in particular:

Online marketplaces shall cooperate with the market surveillance authorities and with relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was offered for sale online through their services.

 

In particular, online marketplaces shall:

Amendment  146

 

Proposal for a regulation

Article 20 – paragraph 6 – point a

 

Text proposed by the Commission

Amendment

(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls;

(a) cooperate with market surveillance authorities and with relevant economic operators to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and informing consumers thereof, including by publishing the recall notice on their interface;

Amendment  147

 

Proposal for a regulation

Article 20 – paragraph 6 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) inform economic operators about the information communicated by consumers through the single contact point referred to in paragraph 1a on accidents or safety issues with regard to the product offered for sale online by those economic operators through their services;

Amendment  148

 

Proposal for a regulation

Article 20 – paragraph 6 – point a b (new)

 

Text proposed by the Commission

Amendment

 

(ab) notify expeditiously through the Safety Business Gateway referred to in Article 25 of any accident which they have actual knowledge of resulting in serious risk to or actual damage of the health or safety of a consumer caused by a product made available on their marketplace and inform the manufacturer thereof.

Amendment  149

 

Proposal for a regulation

Article 20 – paragraph 6 – point b

 

Text proposed by the Commission

Amendment

(b) informing the market surveillance authorities of any action taken;

(b) inform the market surveillance authorities of the Member States in which the relevant product has been made available about unsafe products that were offered on their interface through the Safety Business Gateway referred to in Article 25 of any action taken;

Amendment  150

 

Proposal for a regulation

Article 20 – paragraph 6 – point c

 

Text proposed by the Commission

Amendment

(c) cooperating with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed on the basis of this Article by online marketplaces;

(c) cooperate with law enforcement agencies at national and Union level, including the European Anti-Fraud Office, through regular and structured exchange of information on offers that have been removed on the basis of this Article by online marketplaces;

Amendment  151

 

Proposal for a regulation

Article 20 – paragraph 6 – point d

 

Text proposed by the Commission

Amendment

(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products;

(d) allow access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products;

Amendment  152

 

Proposal for a regulation

Article 20 – paragraph 6 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) cooperate in identifying, as far as possible, the supply chain of dangerous products by responding to data requests should relevant information not be publicly available;

Amendment  153

 

Proposal for a regulation

Article 20 – paragraph 6 – point e

 

Text proposed by the Commission

Amendment

(e) upon request of the market surveillance authorities, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.

(e) upon precise request of the market surveillance authorities or other competent authority, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allow the scraping of such data only for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.

 

For the purpose of points (d) and (e) of the second paragraph of this paragraph, Article 17 of Regulation (EU) 2019/1020 shall apply.

Amendment  154

 

Proposal for a regulation

Article 20 a (new)

 

Text proposed by the Commission

Amendment

 

Article 20a

 

Memoranda of understanding

 

1. Market surveillance authorities may promote voluntary memoranda of understanding with online marketplaces and organisations representing economic operators and consumers to undertake voluntary commitments with regard to the products offered for sale online through their services with the aim of enhancing product safety.

 

2. Voluntary commitments under the memoranda of understanding shall be without prejudice to the obligations of online marketplaces under this Regulation and other relevant Union legislation.

Amendment  155

 

Proposal for a regulation

Article 21 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

-1. Market surveillance authorities shall apply this Regulation taking due account of the precautionary principle in a proportionate manner.

Amendment  156

 

Proposal for a regulation

Article 21 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Market surveillance authorities may set up schemes focusing on control of internal processes for product safety set up by economic operators according to Article 13.

4. Market surveillance authorities, after having consulted the Consumer Safety Network referred to in Article 28, may set up schemes focusing on control of internal processes for product safety set up by economic operators according to Article 13.

Amendment  157

 

Proposal for a regulation

Article 21 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Market surveillance authorities shall, on a regular basis, conduct inspections on samples of products, categories or groups of products acquired under a cover identity.

 

The activities referred to in the first subparagraph shall be carried out in particular on products and categories or groups of products made available on online marketplaces and products and categories or groups of products that are most frequently notified in the Safety Gate.

Amendment  158

 

Proposal for a regulation

Article 21 – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

4b. Member States shall ensure that any measure taken by the competent authorities involving restrictions on the placing of a product on the market or requiring its withdrawal or recall can be challenged before the competent courts.

Amendment  159

 

Proposal for a regulation

Article 22 – title

 

Text proposed by the Commission

Amendment

Implementation

Reporting

Amendment  160

 

Proposal for a regulation

Article 22 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall communicate to the Commission, once a year, data concerning the implementation of this Regulation.

1. Member States shall communicate to the Commission, once a year, data concerning the application of this Regulation.

 

The Commission shall draw up a summary report and make it available to the public.

Amendment  161

 

Proposal for a regulation

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission, by means of implementing acts, shall determine the output indicators on the basis of which Member States have to communicate this data. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42(3).

2. The Commission, by means of implementing acts, shall determine the output indicators on the basis of which Member States have to communicate this data. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42(2).

Amendment  162

 

Proposal for a regulation

Chapter VI – title

 

Text proposed by the Commission

Amendment

VI Safety Gate rapid alert system

Safety Gate

Amendment  163

 

Proposal for a regulation

Article 23 – title

 

Text proposed by the Commission

Amendment

Safety Gate

Safety Gate rapid alert system

Amendment  164

 

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Commission shall further develop and maintain a rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’).

1. The Commission shall further develop and modernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’), as well as enhance its efficiency.

Amendment  165

 

Proposal for a regulation

Article 23 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. By ... [the date of application of this Regulation] the Commission shall develop an interoperable interface that allows online marketplaces to link their interfaces to the Safety Gate referred to in paragraph 1.

Amendment  166

 

Proposal for a regulation

Article 23 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The Commission shall adopt implementing acts specifying the implementation of the interoperable interface on the Safety Gate according to paragraph 1a, in particular concerning the access to the system and its operation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Amendment  167

 

Proposal for a regulation

Article 24 – paragraph 3

 

Text proposed by the Commission

Amendment

3. On receiving a notification, the Commission shall check whether it complies with this Article and with the requirements related to the operation of Safety Gate defined by the Commission on the basis of paragraph 7, and shall transmit it to the other Member States if the requirements are complied with.

3. On receiving a notification, the Commission shall check whether it complies with this Article and with the requirements related to the operation of Safety Gate defined by the Commission on the basis of paragraph 7, and shall transmit it without undue delay to the other Member States if the requirements are complied with.

Amendment  168

 

Proposal for a regulation

Article 24 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Where a Member State notifies corrective measures taken in relation to products presenting a serious risk, the other Member States shall notify in the Safety Gate the measures and actions taken subsequently in relation to the same products and any other relevant information, including the results of any tests or analyses carried out, within two working days from the adoption of the measures or actions.

5. Where a Member State notifies corrective measures taken in relation to products presenting a serious risk, the other Member States shall notify in the Safety Gate the measures and actions taken subsequently in relation to the same products and any other relevant information, including the results of any tests or analyses carried out, without undue delay and in any event no later than two working days from the adoption of the measures or actions.

Amendment  169

 

Proposal for a regulation

Article 24 – paragraph 6

 

Text proposed by the Commission

Amendment

6. If the Commission identifies products which are likely to present a serious risk and for which Member States have not submitted a notification in the Safety Gate, it shall inform the Member States. Member States shall undertake the appropriate verifications and, if they adopt measures, notify them in the Safety Gate in accordance with paragraph 1.

6. If the Commission identifies, including on the basis of information received by consumers or consumer organisations, products which are likely to present a serious risk and for which Member States have not submitted a notification in the Safety Gate, it shall inform the Member States and the economic operators concerned accordingly. Member States shall undertake the appropriate verifications and, if they adopt measures, notify them in the Safety Gate in accordance with paragraph 1.

Amendment  170

 

Proposal for a regulation

Article 24 – paragraph 7

 

Text proposed by the Commission

Amendment

7. The Commission shall develop an interface between the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and the Safety Gate, in order to avoid double data entry and enable a draft Safety Gate notification to be triggered from that information and communication system.

7. The Commission shall implement the interface referred to in Article 20(5) of Regulation (EU) 2019/1020 between the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and the Safety Gate to enable a draft Safety Gate notification to be triggered from that information and communication system in order to avoid double data entry.

Amendment  171

 

Proposal for a regulation

Article 24 – paragraph 8

 

Text proposed by the Commission

Amendment

8. The Commission shall adopt implementing acts specifying the implementation of this Article, and in particular the access to the system, the operation of the system, the information to be entered in the system, the requirements notifications must meet, and criteria to assess the level of risk. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

8. The Commission shall adopt delegated acts in accordance with Article 41 to supplement this Regulation by specifying the implementation of this Article, and in particular:

 

(a)  the access to the system;

 

(b)  the operation of the system;

 

(c)  the information to be entered in the system;

 

(d)  the requirements notifications must meet;

 

(e)  the criteria to assess the level of risk.

Amendment  172

 

Proposal for a regulation

Article 24 – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

8a. By ... [two years after the date of entry into force of this Regulation] the Commission shall present a report on the functioning of the Information and Communication system referred to in Article 34 of Regulation (EU) 2019/1020, of the Safety Gate referred to in this Regulation and on the implementation of the interface between the two system, including information on their respective functionalities and on the development of new ones, timelines, budget and number of dedicated staff, in the light of the objectives that those systems pursue.

Amendment  173

 

Proposal for a regulation

Article 25 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Commission shall maintain a web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.

1. The Commission shall maintain a web portal (‘the Safety Business Gateway’) enabling the economic operators to provide in an easy way market surveillance authorities and consumers with the information referred to in Articles 8(10), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.

Amendment  174

 

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Those measures may include measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their marketing, in order to ensure a high level of consumer safety protection.

Those measures may include measures prohibiting, suspending or restricting the making available on the market of such products or laying down special conditions for their conformity assessment with regard to the safety requirement, as applicable, or marketing, in order to ensure a high level of consumer safety protection.

Amendment  175

 

Proposal for a regulation

Article 26 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The export from the Union of a product that has been prohibited to be placed or made available on the Union market pursuant to a measure adopted in accordance with paragraph 1 or 3 shall be prohibited, unless the measure expressly so permits.

4. The export from the Union of a product that has been prohibited to be made available on the Union market pursuant to a measure adopted in accordance with paragraph 1 or 3 shall be prohibited, unless the measure expressly so permits.

Amendment  176

 

Proposal for a regulation

Article 26 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Any Member State may submit a substantiated request to the Commission to examine the need for the adoption of a measure referred to in paragraph 1 or 3.

5. Any Member State or relevant interested parties may submit a substantiated request to the Commission to examine the need for the adoption of a measure referred to in paragraph 1 or 3.

Amendment  177

 

Proposal for a regulation

Article 27 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where market surveillance authorities in other Member States reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment, the Member States concerned may request the Commission to arbitrate. In that case, the Commission shall invite all Member States to express a recommendation.

2. Where market surveillance authorities in other Member States reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment, the Commission shall start an arbitration process. For that purpose, the Commission shall invite all Member States to express a recommendation.

Amendment  178

 

Proposal for a regulation

Article 27 – paragraph 5 – subparagraph 1 (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall draw up a periodic report on the application of the arbitration mechanism, which shall be presented to the Consumer Safety Network referred to in Article 28.

Amendment  179

 

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The purpose of the Consumer Safety Network shall be to serve as a platform for structured coordination and cooperation between authorities of the Member States and the Commission to enhance product safety in the Union.

Amendment  180

 

Proposal for a regulation

Article 28 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

The objective of that Consumer Safety Network shall be, in particular, to facilitate:

The objective of the Consumer Safety Network shall be, in particular, to:

Amendment  181

 

Proposal for a regulation

Article 28 – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) the exchange of information on risk assessments, dangerous products, test methods and results, recent scientific developments as well as other aspects relevant for control activities;

(a) facilitate the regular exchange of information on risk assessments, dangerous products, test methods and results, standards, methodologies to collect data, interoperability of information and communication systems, recent scientific developments and use of new technologies as well as other aspects relevant for control activities;

Amendment  182

 

Proposal for a regulation

Article 28 – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b) the establishment and execution of joint surveillance and testing projects;

(b) agree on the establishment and execution of joint surveillance and testing projects, including in the context of e-commerce;

Amendment  183

 

Proposal for a regulation

Article 28 – paragraph 3 – point c

 

Text proposed by the Commission

Amendment

(c) the exchange of expertise and best practices and cooperation in training activities;

(c) promote the exchange of expertise and best practices and cooperation in training activities;

Amendment  184

 

Proposal for a regulation

Article 28 – paragraph 3 – point d

 

Text proposed by the Commission

Amendment

(d) improved cooperation at EU level with regard to the tracing, withdrawal and recall of dangerous products;

(d) improve cooperation at Union level with regard to the tracing, withdrawal and recall of dangerous products;

Amendment  185

 

Proposal for a regulation

Article 28 – paragraph 3 – point e

 

Text proposed by the Commission

Amendment

(e) enhanced cooperation on product safety enforcement between Member States, in particular to facilitate the activities referred to in Article 30.

(e) facilitate enhanced and structured cooperation on product safety enforcement between Member States, in particular to coordinate and facilitate the activities referred to in Articles 29 and 30.

Amendment  186

 

Proposal for a regulation

Article 28 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Consumer Safety Network shall coordinate its action with the other existing Union activities.

4. The Consumer Safety Network shall coordinate its action with the other existing Union activities and, where relevant, shall cooperate and exchange information with other Union networks, groups and bodies.

Amendment  187

 

Proposal for a regulation

Article 28 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. The Consumer Safety Network shall adopt its biennial work programme, which, inter alia, sets out the priorities for safety of the products covered by this Regulation, in the Union.

 

The Consumer Safety Network shall meet at regular intervals and, where necessary, at the duly justified request of the Commission or a Member State.

 

The Consumer Safety Network may invite experts and other third parties, including consumer organisations, to attend its meetings.

Amendment  188

 

Proposal for a regulation

Article 28 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The Consumer Safety Network shall be duly represented and participate in the activities of in the Union Product Compliance Network established under Article 29 of Regulation (EU) 2019/1020 and shall contribute to its activities in relation to product safety to ensure adequate coordination of market surveillance activities in both harmonised and non-harmonised areas.

5. The Consumer Safety Network shall be duly represented and regularly participate in the activities of in the Union Product Compliance Network established under Article 29 of Regulation (EU) 2019/1020 and shall contribute to its activities in relation to product safety to ensure adequate coordination of market surveillance activities in both harmonised and non-harmonised areas.

Amendment  189

 

Proposal for a regulation

Article 29 – paragraph 1

 

Text proposed by the Commission

Amendment

1. In the framework of the activities referred to in Article 28(3), point (b), market surveillance authorities may agree with other relevant authorities or with organisations representing economic operators or consumers to carry out activities aimed at ensuring safety and protection of consumers health with respect to specific categories of products placed or made available on the market, in particular categories of products that are often found to present a serious risk.

1. In the framework of the activities referred to in Article 28(3), point (b), market surveillance authorities may agree with other relevant authorities or with organisations representing economic operators or consumers to carry out activities aimed at ensuring safety and protection of consumers health with respect to specific categories of products made available on the market, in particular categories of products that are often found to present a serious risk.

Amendment  190

 

Proposal for a regulation

Article 30 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Market surveillance authorities may decide to conduct simultaneous coordinated control actions (“sweeps”) of particular product categories to check compliance with or to detect infringements to this Regulation.

1. Market surveillance authorities shall regularly conduct simultaneous coordinated control actions (“sweeps”) of particular product categories to check compliance with or to detect infringements to this Regulation.

Amendment  191

 

Proposal for a regulation

Article 30 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Unless otherwise agreed upon by the market surveillance authorities concerned, sweeps shall be coordinated by the Commission. The coordinator of the sweep may, where appropriate, make the aggregated results publicly available.

2. Unless otherwise agreed upon by the market surveillance authorities concerned, sweeps shall be coordinated by the Commission. The coordinator of the sweep shall, where appropriate, make the aggregated results publicly available.

Amendment  192

 

Proposal for a regulation

Article 31 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Protection of professional secrecy shall not prevent the dissemination to the competent authorities of Member States of information relevant for ensuring the effectiveness of market monitoring and surveillance activities. The authorities receiving information covered by professional secrecy shall ensure its protection.

3. Protection of professional secrecy shall not prevent the dissemination to the competent authorities of Member States and to the Commission of information relevant for ensuring the effectiveness of market monitoring and surveillance activities. The authorities receiving information covered by professional secrecy shall ensure its protection.

Amendment  193

 

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Member States shall give consumers and other interested parties the opportunity to submit complaints to the competent authorities on product safety and on surveillance and control activities and these complaints shall be followed up as appropriate.

4. Member States shall give consumers and other interested parties the opportunity to submit complaints to the competent authorities on product safety, and these complaints shall be followed up as appropriate. The authority with which the complaint has been lodged shall inform the complainant if it intends to proceed with an investigation and, if it opens an investigation, of the progress of the proceedings and of the decisions taken.

Amendment  194

 

Proposal for a regulation

Article 32 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. The portal referred to in paragraph 1 shall have an interface intuitive for users and the information provided shall be easily accessible for general public, including for persons with disabilities.

Amendment  195

 

Proposal for a regulation

Article 32 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Consumers shall have the possibility to inform the Commission of products presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and ensure follow up, where appropriate.

2. Consumers and other interested parties shall have the possibility to inform the Commission, of products, which may present a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and, after verification of its accuracy, ensure follow-up and inform consumers and other interested parties of its decision.

Amendment  196

 

Proposal for a regulation

Article 33 – title

 

Text proposed by the Commission

Amendment

Information from economic operators to consumers

Information from economic operators and online marketplaces to consumers

Amendment  197

 

Proposal for a regulation

Article 33 – paragraph 1

 

Text proposed by the Commission

Amendment

1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings.

1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, and, where applicable, online marketplaces, in accordance with their respective obligations as provided for in Articles 8, 9, 10, 11 and 20, shall directly and without undue delay notify all affected consumers that they can identify. Economic operators and online marketplaces, where applicable, who collect their customers’ personal data shall make use of this information for recalls and safety warnings.

Amendment  198

 

Proposal for a regulation

Article 33 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shall offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.

2. Where economic operators and online marketplaces have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shall offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and shall only be used to contact consumers in case of a recall or safety warning.

Amendment  199

 

Proposal for a regulation

Article 33 – paragraph 4

 

Text proposed by the Commission

Amendment

4. If not all affected consumers can be contacted directly, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.

4. If not all affected consumers can be contacted in accordance with paragraph 1, economic operators and online marketplaces, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities. Consumer organisations shall also be informed to support the dissemination of the information.

Amendment  200

 

Proposal for a regulation

Article 34 – paragraph 2 – point b – point i

 

Text proposed by the Commission

Amendment

(i) photograph, name and brand of the product;

(i) photograph or illustration, name and brand of the product;

Amendment  201

 

Proposal for a regulation

Article 34 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission, by means of implementing acts, shall set out the template for a recall notice, taking into account scientific and market developments. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42(2).

3. The Commission, by means of implementing acts, shall set out the template, including in accessible formats, for a recall notice, taking into account scientific and market developments. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42(2).

Amendment  202

 

Proposal for a regulation

Article 35 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) refund of the value of the recalled product.

(c) refund of the initial purchase price of the recalled product.

Amendment  203

 

Proposal for a regulation

Article 35 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. Where no economic operator offers a remedy to the consumer, the consumer shall be entitled to submit a complaint to the competent authority in accordance with Article 31(4).

Amendment  204

 

Proposal for a regulation

Article 36 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The Commission may cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:

1. In order to improve the overall level of safety of consumer products made available on the Union market and to ensure a level playing field at international level, the Commission may cooperate, including through the exchange of information, with regulatory authorities of third countries or international organisations in the field of application of this Regulation, Any form of cooperation shall be based on reciprocity, include provisions on confidentiality corresponding to those applicable in the Union, and ensure that any exchange of information is in accordance with applicable Union law. The cooperation or exchange of information may relate, inter alia, to the following:

Amendment  205

 

Proposal for a regulation

Article 36 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) enforcement activities and measures related to safety, including market surveillance;

(a) enforcement activities and measures related to safety, also with a view to preventing the circulation of dangerous products, including market surveillance;

Amendment  206

 

Proposal for a regulation

Article 36 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) scientific, technical, and regulatory matters, aiming to improve product safety;

(d) scientific, technical, and regulatory matters, aiming to improve product safety and to develop common priorities and approaches at international level;

Amendment  207

 

Proposal for a regulation

Article 36 – paragraph 1 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) use of new technologies to improve product safety and increase traceability in the supply chain;

Amendment  208

 

Proposal for a regulation

Article 36 – paragraph 1 – point g

 

Text proposed by the Commission

Amendment

(g) exchange of officials.

(g) exchange of officials and training programmes.

Amendment  209

 

Proposal for a regulation

Article 37 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f) activities carried out under programmes of technical assistance, cooperation with third countries and the promotion and enhancement of Union market surveillance policies and systems among interested parties at Union and international levels.

(f) activities carried out under programmes of technical assistance, cooperation with third countries and the promotion and enhancement of Union market surveillance policies and systems among interested parties at Union and international levels, including activities carried out by consumer organisations for the enhancement of consumer information.

Amendment  210

 

Proposal for a regulation

Article 40 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The types of infringements by economic operators or online marketplaces, where applicable, subject to penalties shall be any of the following:

deleted

(a) infringement of the general product safety requirement;

 

(b) failure to inform the authority in a timely manner about a dangerous product they placed on the market;

 

(c) failure to comply with any decision, order, interim measure, economic operator’s commitment or other measure adopted pursuant to this Regulation;

 

(d) failure to comply with traceability and information obligations of economic operators referred to in Articles 8, 9, 10, 11 and 18 and 19;

 

(e) providing incorrect, incomplete or misleading information in response to a request from market surveillance authorities;

 

(f) failure to provide requested information within the required time-limit;

 

(g) refusal to submit to inspections;

 

(h) failure to provide the required documents or products during inspections;

 

(i) falsifying test results.

 

Amendment  211

 

Proposal for a regulation

Article 40 – paragraph 5 – introductory part

 

Text proposed by the Commission

Amendment

Member States may also impose periodic penalty payments to compel economic operators or online marketplaces, where applicable:

Member States may also impose periodic penalty payments to compel economic operators or online marketplaces, where applicable, to put an end to a serious and repeated violation of this Regulation.

Amendment  212

 

Proposal for a regulation

Article 40 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a) to put an end to a violation of the provisions of this Regulation;

deleted

Amendment  213

 

Proposal for a regulation

Article 40 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b) to comply with a decision ordering corrective measure;

deleted

Amendment  214

 

Proposal for a regulation

Article 40 – paragraph 5 – point c

 

Text proposed by the Commission

Amendment

(c) to supply complete and correct information;

deleted

Amendment  215

 

Proposal for a regulation

Article 40 – paragraph 5 – point d

 

Text proposed by the Commission

Amendment

(d) to submit to an inspection;

deleted

Amendment  216

 

Proposal for a regulation

Article 40 – paragraph 5 – point e

 

Text proposed by the Commission

Amendment

(e) to allow market surveillance authorities to perform data scraping of online interfaces.

deleted

Amendment  217

 

Proposal for a regulation

Article 40 – paragraph 6

 

Text proposed by the Commission

Amendment

6. By 31 March of each year, Member States shall inform the Commission of the type and the size of the penalties imposed under this Regulation, identify the actual infringements of this Regulation, and indicate the identity of economic operators or online marketplaces upon which penalties have been imposed.

6. By 31 March of each year, Member States shall inform the Commission of the type and the size of the penalties imposed under this Regulation, and identify the actual infringements of this Regulation.

Amendment  218

 

Proposal for a regulation

Article 40 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Each year, the Commission shall elaborate and make public a report on the penalties imposed by Member States.

7. Each year, the Commission shall draw up and make public a summary report with aggregated data on the penalties imposed by Member States.

Amendment  219

 

Proposal for a regulation

Article 40 – paragraph 8

 

Text proposed by the Commission

Amendment

8. The information referred to in paragraph 6 shall not be published in the report referred to in paragraph 7 in any of the following circumstances:

deleted

(a) where it is necessary to preserve the confidentiality of an investigation or of national judicial proceedings;

 

(b) where publication would cause disproportionate damage to the economic operator or online marketplace;

 

(c) where a natural person is concerned, unless the publication of personal data is justified by exceptional circumstances, inter alia, by the seriousness of the infringement.

 

Amendment  220

 

Proposal for a regulation

Article 41 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 17(3) shall be conferred on the Commission for an indeterminate period of time from [insert date - the date of entry into force of this Regulation].

2. The power to adopt delegated acts referred to in Article 15(3a) and Article 17(3) shall be conferred on the Commission for an indeterminate period of time from [insert date - the date of entry into force of this Regulation].

Amendment  221

 

Proposal for a regulation

Article 41 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Article 17(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Article 15(3a) and Article 17(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  222

 

Proposal for a regulation

Article 41 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201647 .

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State, make use of other relevant expert groups and consult relevant stakeholders in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201647 .

__________________

__________________

47 OJ L 123, 12.5.2016, p. 1

47 OJ L 123, 12.5.2016, p. 1

Amendment  223

 

Proposal for a regulation

Article 41 – paragraph 6

 

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Article 17(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to Article 15(3a) and Article 17(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

Amendment  224

 

Proposal for a regulation

Article 43 – title

 

Text proposed by the Commission

Amendment

Evaluation

Evaluation and review

Amendment  225

 

Proposal for a regulation

Article 43 – paragraph 1

 

Text proposed by the Commission

Amendment

1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products while taking into account its impact on businesses and in particular on small and medium-sized enterprises.

1. By ... [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall assess if this Regulation, and in particular Articles 17, 20 and 23, achieved the objective of enhancing the protection of consumers against dangerous products while taking into account the challenges posed by new technologies and its impact on businesses and in particular on small and medium-sized enterprises.

Amendment  226

 

Proposal for a regulation

Article 43 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. By ... [insert date five years after the date of application], the Commission shall carry out an evaluation report on the implementation of Article 15. That report shall in particular assess the scope, effects, and costs and benefits of that Article. The report shall be accompanied, where appropriate, by a legislative proposal.

Amendment  227

 

Proposal for a regulation

Article 43 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. By ... [three years after the date of entry into force of this Regulation] the Commission shall assess the modalities for implementation of the provisions on the removal of illegal content from online marketplaces referred to in Article 20(2b) by means of a Union notification system designed and developed within the Safety Gate. The assessment shall be accompanied, where appropriate, by a legislative proposal.

Amendment  228

 

Proposal for a regulation

Article 44 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Regulation (EU) No 1025/2012 is amended as follows:

1. Regulation (EU) No 1025/2012 is amended as follows:

 

In Article 2(1), the following point is added:

 

‘(e) ‘European general product safety standard’ means a European standard adopted on the basis of a request made by the Commission in support of Regulation (EU) …/… of the European Parliament and of the Council [this Regulation (GPSR)];’;

Amendment  229

 

Proposal for a regulation

Article 44 – paragraph 1 – subparagraph 1

Regulation (EU) No 1025/2012

Article 10 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Where a European standard drafted in support of Regulation (EU) …/… of the European Parliament and of the Council48 [this Regulation (GPSR)] satisfies the general safety requirement laid down in Article 5 of that Regulation and the specific safety requirements referred to in [Article [6] of that Regulation], the Commission shall publish a reference of such European standard without delay in the Official Journal of the European Union.

7. Where a European general product safety standard satisfies the general safety requirement laid down in Article 5 of that Regulation and the specific safety requirements referred to in [Article [6(2)] of that Regulation], the Commission shall publish a reference of such European standard without delay in the Official Journal of the European Union.

__________________

 

48 Regulation (EU) …/… of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council (OJ …)’

 

Amendment  230

 

Proposal for a regulation

Article 44 – paragraph 1 – subparagraph 2

Regulation (EU) No 1025/2012

Article 11 – paragraph 1– introductory part

 

Text proposed by the Commission

Amendment

1. When a Member State or the European Parliament considers that a harmonised standard or European standard drafted in support of Regulation (EU) …/… [this Regulation (GPSR)] does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union harmonisation legislation or in that Regulation, it shall inform the Commission thereof with a detailed explanation. The Commission shall, after consulting the committee set up by the corresponding Union harmonisation legislation, if it exists, or the committee set up by Regulation (EU) …/… [this Regulation (GPSR)], or after other forms of consultation of sectoral experts, decide:

1. When a Member State or the European Parliament considers that a harmonised standard or European general product safety standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union harmonisation legislation or in that Regulation, it shall inform the Commission thereof with a detailed explanation. The Commission shall, after consulting the committee set up by the corresponding Union harmonisation legislation, if it exists, or the committee set up by Regulation (EU) …/… [this Regulation (GPSR)], or after other forms of consultation of sectoral experts, decide:

Amendment  231

 

Proposal for a regulation

Article 44 – paragraph 1 – subparagraph 2

Regulation (EU) No 1025/2012

Article 11 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) to publish, not to publish or to publish with restriction the references to the harmonised standard or European standard drafted in support of Regulation (EU) …/… [GPSR] concerned in the Official Journal of the European Union;

(a) to publish, not to publish or to publish with restriction the references to the harmonised standard or European general product safety standard concerned in the Official Journal of the European Union;

Amendment  232

 

Proposal for a regulation

Article 44 – paragraph 1 – subparagraph 2

Regulation (EU) No 1025/2012

Article 11 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) to maintain, to maintain with restriction or to withdraw the references to the harmonised standard or European standard drafted in support of Regulation (EU) …/… [GPSR] concerned in or from the Official Journal of the European Union.

(b) to maintain, to maintain with restriction or to withdraw the references to the harmonised standard or European general product safety standard concerned in or from the Official Journal of the European Union.

Amendment  233

 

Proposal for a regulation

Article 44 – paragraph 1 – subparagraph 2Regulation (EU) No 1025/2012

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall publish information on its website on the harmonised standards and European standards drafted in support of Regulation (EU) …/… [GPSR] that have been subject to the decision referred to in paragraph 1.

2. The Commission shall publish information on its website on the harmonised standards and European general product safety standards that have been subject to the decision referred to in paragraph 1.

Amendment  234

 

Proposal for a regulation

Article 44 – paragraph 1 – subparagraph 2Regulation (EU) No 1025/2012

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 1 and, if necessary, request the revision of the harmonised standards or of the European standards drafted in support of Regulation (EU) …/… [GPSR] concerned.’

3. The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 1 and, if necessary, request the revision of the harmonised standards or of the European general product safety standards concerned.’

Amendment  235

 

Proposal for a regulation

Article 44 a (new)

 

Text proposed by the Commission

Amendment

 

Article 44a

 

Amendments to Directive 2020/1828/EU

 

Annex I, point 8, of Directive 2020/1828/EU is replaced by the following:

 

“(8) Regulation (EU) [.../...] on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council.”

Amendment  236

 

Proposal for a regulation

Article 47 – paragraph 2

 

Text proposed by the Commission

Amendment

It shall apply from [6 months after the entry into force of this Regulation].

It shall apply from [12 months after the entry into force of this Regulation].

 


EXPLANATORY STATEMENT

General remarks

 

On 30 June 2021, the Commission adopted a proposal for a new General Product Safety Regulation (GPSR) to replace the existing General Product Safety Directive (GPSD).

The Rapporteur generally welcomes the proposal, as we need an updated and more effective legislative framework to ensure the safety of all products circulating in the single market.

The current directive dates back from 2001 and its main provisions have been complemented over the years by several other legislative acts and decisions with the result of creating a very complex and sometimes uncertain legal framework, especially for economic operators.

It is therefore vital to make this “safety net” clearer, more effective and future proof.

While preparing the draft report, the Rapporteur researched the past work on revising the Directive and the different public positions from many stakeholders such as economic operators, authorities and consumers. On that basis, the Rapporteur proposes the following additions and changes to the Commission proposal.

 

Clarifications of definitions and more proportionate obligations on economic operators

 

The Rapporteur welcomes the proposal’s primary ambition to simplify existing rules and make them updated and more coherent.

The objective of a general alignment of the market surveillance rules and activities already in place for harmonized products to non-harmonized products has to be supported: this approach could make life easier for the competent authorities and produce real cost savings for businesses and all economic operators involved.

However, the Rapporteur introduced some necessary clarifications on key definitions such as those on “product” and “safe product” to give greater certainty to authorities and economic operators. The revised definitions should avoid a heterogeneous application and court cases.

Furthermore, Chapter II on Safety requirements has been restructured to better clarify all stages leading to the safety assessment by the relevant economic operator and to the presumption of safety.

While the Rapporteur agrees on the updated list of obligations on economic operators, there is a need to have a proportionate approach when dealing with small producers and low-risk sectors of production. This is the main reason behind the introduction of some amendments on the list of obligations, such as on the previsions for manufacturers on technical documentation and complaints received (article 8). 

 

New technologies and safety of products

 

One of the main objectives of the revision of the GPSD is to better address the new challenges linked to new technologies and to ensure product safety online.

The adaptation of the current product safety directive to connected products is very much needed, as is the updated list criteria to evaluate their safety. The Rapporteur generally welcomes the link already established by this proposal with the future legislative framework on Artificial Intelligence and connected products and will further evaluate the issue.

It is also key to make full use of digital solutions to modernise and make more effective the current market surveillance system to increase the overall level of safety in the Union. In this perspective, economic operators should have the possibility to provide some key information in a digital format (such as technical documentation, instruction and safety information): this will increase transparency and consequently safety of products while reducing bureaucracy for economic operators. To this end, a new specific article has been introduced (art. 19a). 

 

Products directly sold online from third countries

 

Unsafe products directly sold online from third countries, as from any other source, should not be present in our single market. It is, however, key to find a pragmatic and proportionate way to address new challenges specifically posed by products directly sold online from third countries. We must be careful in not imposing a disproportionate burden on economic operators with the only effect of killing the growth of e-commerce and of closing the EU market to third countries operators. At the same time, we also need to concretely address these risks and to make all efforts to ensure that only safe products enter in our single market. The extension of the so-called “responsible person” foreseen in article 15 of the proposal should be limited only to those categories of products where evidence suggests the need to have such provision. This is the case already for harmonised products and the new GPSR should follow this risk-based approach.

 

Online marketplaces

 

The Rapporteur agrees on the need to address new challenges arising from the e-commerce and to fix in this proposal what is missing in the previous legislation. An updated and targeted set of rules for online marketplaces will increase safety, better protect consumers and help in reaching a level playing field between the online and offline sectors while preserving the competitiveness of our economic operators, especially the smaller ones.

Moreover, the Rapporteur is deeply convinced that the new proposal is fully compatible with the DSA. The GPSR should act as lex specialis focused specifically on product safety issues, as proposed by the European Commission. In this light, article 20 of this proposal provides already a comprehensive list of obligations for online marketplaces with a specific focus on product safety.

To increase the effectiveness of the GPSR, additional targeted obligations to online marketplaces have been added to the original text of the proposal, taking inspiration from best practices and voluntary initiatives already in place. This will serve to better inform consumers, especially on actions taken with regard of dangerous products and on possible remedies. In addition, the exchange of information between platforms, traders and market surveillance authorities has been strengthened.

The Rapporteur is also encouraging additional and voluntary commitments to be taken by online marketplaces in the form of “memoranda of understanding” to setting up further concrete actions to strengthen the safety of products. These will include measures preventing the reappearance of dangerous products online, exploiting the potential use of new technologies for an improved market surveillance, and investment in training for online traders.

Where the Commission finds systematic risks to safety on Very Large Online Platforms, it may compel the establishment of such “memoranda of understanding” as mitigation measures.

 

Exchange of information and notifications

 

A well-functioning exchange of information is key to ensuring an effective market surveillance. The updated provisions on Safety Gate are welcomed; while Member States should make full use of the Safety Gate and the other existing databases such as the ICSMS to notify all relevant actions taken, a better coordination among the existing tools should be reached and multiple data entry should be avoided. Exchange of information and notifications should be encouraged by simplifying procedures.

 

Consumer safety network and International cooperation

 

The Rapporteur considers it crucial to strengthen the existing cooperation between national authorities and the Commission; this is why the proposed article on “Consumer Safety Network” has been further developed to add new areas of cooperation and to clarify the objectives.

Similarly, the article on international cooperation with third countries’ regulatory authorities has been further specified, focusing in particular on preventing the circulation of dangerous products, on the use of new technologies and the exchange on regulatory matters to guarantee a level playing field.

 

Recalls and right to remedies

 

The Rapporteur welcomes the improved framework for recalls for the benefit of consumers. Recalls have to be more effective, remedies should be satisfactory and timely and consumers should be better informed. In particular, it is proposed to clarify that the value of the recalled product is calculated on the basis of initial purchase price.

 

Penalties and entry into force

 

The Rapporteur supports the main provisions on penalties. However, changes to the original proposal have been made to better take into account both the nature and the gravity of the infringement.

Finally, the new Regulation should enter into force as soon as possible in order to increase the overall safety in the European Union. However, the required time foreseen for the application of new provisions is too short in light of the significant changes foreseen by the proposal. Therefore, it is proposed to extend the date of application of the Regulation from 6 to 12 months after its entry into force.


OPINION OF THE COMMITTEE ON LEGAL AFFAIRS (18.3.2022)

for the Committee on the Internal Market and Consumer Protection

on the proposal for a regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

(COM(2021)0346 – C9‑0245/2021 – 2021/0170(COD))

Rapporteur for opinion: René Repasi

 

SHORT JUSTIFICATION

I. Introduction

The General Product Safety Directive (GPSD) came into force in 2001. Although one of the central pieces of legislation ensuring that all non-food products offered to consumers in the EU market are safe, the product safety directive has become outdated and needs to be revised in order to guarantee the safety of European consumers. There are three central trends the revision of the general product safety legislation has to take into account: first, digitalisation and interconnectedness of products is creating new security and safety challenges, second, the changing of consumer behaviour when buying products and third, changes in the supply chains and distribution channels until a product reaches the consumer.

The Rapporteur welcomes the European Commission’s proposal as it provides clear starting points for the debate on how these challenges to product and consumer safety could be answered. However, from the Rapporteur’s point of view certain topics and areas remain untouched. It is therefore the Rapporteur’s intention to strengthen the proposed legislative text and provide an input on how the General Product Safety regulation should address these challenges. The leading ideas are to keep consumers safe and create a level-playing field for businesses across the Single Market when it comes to the requirements and obligations concerning product safety.

 

II. Main aspects of the draft opinion

Ensuring the General Product Safety Regulation (GPSR) as a general safety net

The current GPSD acts as a safety umbrella where safety gaps occur in the European product safety framework. The proposal for a GPSR is less ambitious in this respect. It sets the safety requirement and risk assessment for all products for which no specific Union legislation exists. At the same time, it works as a safety net if harmonized legislation is overhauled. The Rapporteur makes proposals to strengthen the safety net function of the GPSR and ensure a broad-based legislative framework to guarantee the safety of all products on the Single Market, especially where no harmonizing legislation exists.

 

Modern Products

The GPSD was concluded at a time when products with embedded Artificial Intelligence and the Internet of Things were rare. Such developments challenge the current definition of products and bring new risks or alter the way existing risks could materialise, which should be reflected and duly taken into account. Because of the general safety requirement character of the GPSR, laid out above, the Rapporteur proposes additions to the safety assessment criteria for evaluating the conformity of products that have embedded AI, are interconnected or contain software, so that no loopholes in the regulation of these modern products exist in the EU product safety framework and consumers have necessary safeguards ensuring their safety. In addition, the Rapporteur suggests that products that have been substantially modified in their course of their lifespan could undergo a new risk assessment.

 

Keeping consumers safe on online marketplaces

Since 2001, consumers are buying more and more online where they cannot physically experience a product. With the emergence of online marketplaces, shopping experiences on social media platforms and improved direct shipping opportunities from third countries, new challenges exist for the safety of products and consumers. Especially direct imports have led to the increase of unsafe non-harmonized products on the European market. To accommodate this, the Rapporteur proposes several changes to the initial proposal, amongst other changes, calling for clear obligations for providers of online marketplaces and online traders. An important element for the safety of consumers is the availability of dangerous products on the market. Therefore, online marketplaces will have to control and verify information given by traders such as contact or manufacturer information and product safety details, thereby avoiding false or incomplete information available to consumers and preventing the sale of dangerous products. To safeguard consumers online concrete actions need to be undertaken to ensure that dangerous products are not on offer be it through a swift response to an order from a Market Surveillance authority, following a notice issued in line with the DSA notice and action system or through obligations to prevent dangerous products once removed from being offered to consumers again.

These rules will ensure a fair balance between the different actors in the supply chain whilst also supporting consumers’ trust and protecting their safety. Solely safe products can encourage consumers to purchase products on- and offline in the Single Market. As such, product safety is a central element in ensuring a well-functioning Single Market and consumer well-being.

 

III. Conclusion

The Rapporteur proposes a number of changes to the Commission’s proposal as a starting point for further reflection and modifications to be made along the legislative process in Parliament.

 

AMENDMENTS

The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:

Amendment  1

 

Proposal for a regulation

Recital 4

 

Text proposed by the Commission

Amendment

(4) The aim of this instrument is to contribute to the attainment of the objectives referred to in Article 169 of the Treaty. In particular, it should aim at ensuring health and safety of consumers and the functioning of the internal market as regards products intended for consumers.

(4) The aim of this instrument is to contribute to the attainment of the objectives referred to in Article 169 of the Treaty. In particular, it should aim at ensuring health and safety of consumers, providing a high level of consumer protection, including by promoting consumers’ right to information, and improving the functioning of the internal market as regards products intended for consumers.

Amendment  2

 

Proposal for a regulation

Recital 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) This Regulation redresses the balance between ensuring a high level of consumer protection, on the one hand, and improving the functioning of the internal market, on the other, in a climate of competitiveness and fair competition, without imposing unreasonable administrative and financial burdens on European businesses.

Amendment  3

 

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(5) This Regulation should aim at protecting consumers and their safety as one of the fundamental principle of the EU legal framework, enshrined in the EU Charter of fundamental rights. Dangerous products can have very negative consequences on consumers and citizens. All consumers, including the most vulnerable, such as children, older persons or persons with disabilities, have the right to safe products. Consumers should have at their disposal sufficient means to enforce such rights, and Member States adequate instruments and measures at their disposal to enforce this Regulation.

(5) This Regulation should aim at protecting consumers and their safety as one of the fundamental principle of the EU legal framework, enshrined in the EU Charter of fundamental rights. Dangerous non-food products can have very negative consequences on consumers and citizens. All consumers, including the most vulnerable, such as children, older persons or persons with disabilities, have the right to safe products. Consumers should have at their disposal sufficient means to enforce such rights, and Member States adequate instruments and measures at their disposal to enforce this Regulation.

Amendment  4

 

Proposal for a regulation

Recital 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a) Children are particularly exposed to risks relating to products. Of all the products notified as dangerous in the Safety Gate system in 2020 as many as 29% were toys or products for childcare. For this reason, strong safety requirements for standards on products for children are needed.

Amendment  5

 

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) Despite the development of sector-specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a legislative framework of a horizontal nature to fill gaps and ensure consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the Treaty.

(6) Despite the development of sector-specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a broad legislative framework of a horizontal nature to fill gaps of the existing specific legislation and ensure a high level of consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the Treaty.

Amendment  6

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation.

(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not specifically and adequately regulated by that legislation. When assessing this, the aspects for assessing the safety of products outlined in Article 7 should be considered. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25, therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation..

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25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

Amendment  7

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should limit their controls to the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls.

(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should limit their controls to the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls. Given the increasing number of imported products, particularly resulting from the growing use of e-commerce, the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products entering the internal market. Therefore, more financial and human resources for these authorities in charge of controls are needed in order to ensure consumer safety and properly fulfil their tasks and in order to ensure consumer safety.

Amendment  8

 

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers.

(11) Considering also the broad scope given to the concept of health26 , the environmental risk as well as safety hazards, like physical and mechanical resistance, flammability, chemical, electrical or biological properties, hygiene and radioactivity posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers.

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26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.

Amendment  9

 

Proposal for a regulation

Recital 13

 

Text proposed by the Commission

Amendment

(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation with the exception of materials and articles intended to come into contact with food insofar as risks are concerned that are not covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks.

(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation. The regulation of materials and articles intended to come into contact with food is covered by the GPSR where aspects insofar as risks are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks.

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27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

Amendment  10

 

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished.

(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented as to be repaired or to be refurbished. Consumer to consumer activities do not fulfil the commercial activity requirement and should therefore be excluded from this Regulation. This is without prejudice to the obligations of online marketplaces under Article 20 of this Regulation.

Amendment  11

 

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics.

(20) New technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics or causing software errors in programmes. New technologies, such as through software updates, may substantially modify the original product, which could then be submitted to a new risk assessment.

Amendment  12

 

Proposal for a regulation

Recital 21

 

Text proposed by the Commission

Amendment

(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function.

(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. Therefore, these aspects need to be included in manufacturers’ and market surveillance authorities’ safety assessments where this is relevant, notably in view of assessing the evolution of risks related to connected products. Products that pose a significant risk to the mental health of children, should carry a warning including scientific recommendations regarding usage time and the risks incurred in case of failure to follow the recommendations.

Amendment  13

 

Proposal for a regulation

Recital 23 a (new)

 

Text proposed by the Commission

Amendment

 

(23a) Tangible and intangible products, either in the form of embedded software [preinstalled or installed subsequently] or of stand-alone software, should fall under the scope of this Regulation. As regards software, due account should be taken of the different levels of obligations laid down in this Regulation towards big and smaller businesses developing software, but also towards the so-called 'free software' developers.

Amendment  14

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(24) Economic operators should have obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers. All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process.

(24) Economic operators should have proportionate obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers, while also ensuring efficient functioning of the internal market. All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. In view of balancing administrative burdens, digital consumer information tools should be allowed to be used to ensure a sustainable way of information. However, upon request of the consumer, the relevant information should also be provided free of charge on paper.

Amendment  15

 

Proposal for a regulation

Recital 24 a (new)

 

Text proposed by the Commission

Amendment

 

(24a) In order for economic operators that are SMEs and micro-businesses to be able to cope with the new obligations imposed by this Regulation, the Commission should provide them with practical guidelines and tailored guidance, for example, a direct channel to connect to experts in case they have questions.

Amendment  16

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system.

(26) Online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers- and therefore also in the product safety system. They should be given clear obligations for the safety of products and consumers, including in cases where other economic actors in the supply chain do not act. Online marketplaces are services that enable or facilitate economic operators to make their products available to consumers. Online marketplaces should, for the purpose of the safety of products that are made available on the market, not only be understood as platforms that directly facilitate the selling of products. Online marketplaces could also be considered as economic operators if they are the manufacturer, importer, distributor or a fulfilment service provider of the respective product.

Amendment  17

 

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) Given the important role played by online marketplaces when intermediating the sale of products between traders and consumers, such actors should have more responsibilities in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents, including unsafe products. That Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation.

(27) Given the important role played by online marketplaces when intermediating the sale or the promotion of products between traders and consumers, such actors should have more obligations in tackling the sale of dangerous products online. Directive 2000/31/EC of the European Parliament and of the Council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC30 regulates the obligations of providers of intermediary services online with regard to illegal contents, including unsafe products. That Regulation applies without prejudice to the rules laid down by Union law on consumer protection and product safety. Accordingly, building on the horizontal legal framework provided by that Regulation, specific requirements essential to effectively tackle the sale of dangerous products online should be introduced, in line with Article [1(5), point (h)] of that Regulation. Article 20 of this Regulation applies as a lex specialis without prejudice to the rules laid down in the Digital Services Act in order to effectively tackle the sale of dangerous products online.

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29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16.

29 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') - OJ L 178, 17.7.2000, p. 1–16.

30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

30 Regulation […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC.

Amendment  18

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. Nonetheless, its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field.

(28) The Product Safety Pledge, signed in 2018 and joined by a number of marketplaces since then, provides for a number of voluntary commitments on product safety. The Product Safety Pledge has proven insufficient and therefore the aim of protecting consumers against dangerous products sold online could not be successfully reached by this pledge until now. Its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field.

Amendment  19

 

Proposal for a regulation

Recital 29

 

Text proposed by the Commission

Amendment

(29) Online marketplaces should act with due care in relation to the content hosted on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products.

(29) Online marketplaces should act with due care in relation to the content hosted on their online interfaces that concerns safety of products, in accordance with the specific obligations laid down in this Regulation. Accordingly, due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products. This means at the least that they are required to check and delist products that have been reported in the Safety Gate portal or by the national market surveillance authorities and to make their best efforts to ensure they do not reappear on offer to consumers and are not made available on the market.

Amendment  20

 

Proposal for a regulation

Recital 31

 

Text proposed by the Commission

Amendment

(31) In order to be able to comply with their obligations under this Regulation, in particular in respect of timely and effective compliance with the orders of public authorities, processing of notices of other third parties and cooperating with market surveillance authorities in the context of corrective measures upon request, online marketplaces should have in place an internal mechanism for handling product safety-related issues.

(31) In order to be able to comply with their obligations under this Regulation, in particular in respect of timely and effective compliance with the orders of public authorities, processing of notices of other third parties and cooperating with market surveillance authorities in the context of corrective measures upon request, online marketplaces should have in place an internal mechanism for handling product safety-related issues. Additionally, the interface of the online marketplace should allow consumers to easily notify product safety issues and have their rights vis-a-vis the economic operator responsible explained in an understandable and accessible manner. Online marketplaces could share these notices with the market surveillance authorities.

Amendment  21

 

Proposal for a regulation

Recital 32

 

Text proposed by the Commission

Amendment

(32) The obligations imposed by this Regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.

(32) The obligations imposed by this Regulation on online marketplaces should not amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, be required to comply with specific obligations to effectively prevent the sale of dangerous products online. This includes an obligation to expeditiously remove dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation. Online marketplaces should demonstrate their best efforts to avoid identical products, which have been previously reported by market surveillance authorities as unsafe, from reappearing on their websites, in compliance with the no general monitoring obligation principle and the obligations laid down in the Digital Services Act.

Amendment  22

 

Proposal for a regulation

Recital 34

 

Text proposed by the Commission

Amendment

(34) Even where the information from the Safety Gate does not contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the illegal content concerned, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.

(34) The Safety Gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. The information from the Safety Gate should contain an exact uniform resource locator (URL) and, where necessary, additional information enabling the identification of the unsafe product. Additionally, online marketplaces should nevertheless take into account the transmitted information, such as product identifiers, when available, and other traceability information, in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting, identifying, removing or disabling access to dangerous products offered on their marketplace, where applicable.

Amendment  23

 

Proposal for a regulation

Recital 35

 

Text proposed by the Commission

Amendment

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should consider in particular consumer organisations and associations representing consumers’ interest, upon their request, as trusted flaggers, provided that the conditions set out in that article have been met.

(35) For the purposes of [Article 19] of Regulation (EU) …/…[the Digital Services Act], and concerning the safety of products sold online, the Digital Services Coordinator should ensure, where necessary, cooperation with consumer organisations and associations representing consumers’ interest on product safety and other relevant stakeholders.

Amendment  24

 

Proposal for a regulation

Recital 36

 

Text proposed by the Commission

Amendment

(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.

(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders and products, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. Additionally, online marketplaces should verify the completeness and reliability of such information as detailed in this Regulation. Such information should be displayed in an understandable and accessible way together with the product listing so that consumers can benefit from the same information made available online and offline.

Amendment  25

 

Proposal for a regulation

Recital 37

 

Text proposed by the Commission

Amendment

(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.

(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, if market surveillance authorities cannot retrieve the required data from the primarily responsible economic operator, they may also need to scrape data from the online marketplaces based on a targeted request.

Amendment  26

 

Proposal for a regulation

Recital 40

 

Text proposed by the Commission

Amendment

(40) Where economic operators or market surveillance authorities face a choice of various corrective measures, the most sustainable action resulting in the lowest environmental impact, such as the repair of the product, should be preferred, provided that it does not result in a lesser level of safety.

(40) Where economic operators or market surveillance authorities face a choice of various corrective measures, the most sustainable action resulting in the lowest environmental impact, such as the repair of the product, should be preferred, provided that it does not result in a lesser level of safety or affects certain consumers’ rights and interests.

Amendment  27

 

Proposal for a regulation

Recital 44

 

Text proposed by the Commission

Amendment

(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.

(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and, where applicable, to take effective and proportionate corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Such traceability requirements could be made stricter for certain kinds of products that are likely to bear a serious risk. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.

Amendment  28

 

Proposal for a regulation

Recital 47 a (new)

 

Text proposed by the Commission

Amendment

 

(47a) Market surveillance authorities should carry out mystery shopping on a regular basis, at least once a year, including on online marketplaces and in particular of products that have been mostly listed on the Safety Gate.

Amendment  29

Proposal for a regulation

Recital 50

 

Text proposed by the Commission

Amendment

(50) The Union rapid information system (RAPEX) has proved its effectiveness and efficiency. It enables corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway).

(50) The Union rapid information system (RAPEX) needs to be updated and modernised in order to enable more efficient corrective measures to be taken across the Union in relation to products that present a risk beyond the territory of a single Member State. It is opportune, though, to change the used abbreviated name from RAPEX to Safety Gate for greater clarity and better outreach to consumers. Safety Gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the Commission can exchange information on such products, a web portal to inform the public (Safety Gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (Safety Business Gateway). Additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on Safety Gate in an easy, quick and reliable way.

Amendment  30

Proposal for a regulation

Recital 51

 

Text proposed by the Commission

Amendment

(51) Member States should notify in the Safety Gate both compulsory and voluntary corrective measures that prevent, restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers or, in case of products covered by Regulation (EU) No 2019/1020, also to other relevant public interests of the end-users.

(51) Member States should notify in the Safety Gate both compulsory and voluntary corrective measures that prevent, restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers or, in case of products covered by Regulation (EU) No 2019/1020, also to other relevant public interests of the end-users. To inform other stakeholders about the origins of previous incidents, notifications in the Safety Gate should explain how a serious risk occurred and include more detailed information where possible, such as a European Article Number.

Amendment  31

Proposal for a regulation

Recital 52

 

Text proposed by the Commission

Amendment

(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers.

(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. It is important to ensure that all of this information is available in the official language(s) of the consumer’s country of residence and that it is written in clear and understandable language. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers. The database and website of the Safety Gate should be accessible to persons with disabilities.

Amendment  32

Proposal for a regulation

Recital 58

 

Text proposed by the Commission

Amendment

(58) Market surveillance authorities might carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situation which might distort competition or affect the objectivity, independence and impartiality of the parties.

(58) Market surveillance authorities should carry out joint activities with other authorities or organisations representing economic operators or end users, with a view to promoting safety of products and identifying dangerous products, including those that are offered for sale online. In doing so the market surveillance authorities and the Commission, as appropriate, should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity, independence and impartiality of the parties.

Amendment  33

Proposal for a regulation

Recital 59

 

Text proposed by the Commission

Amendment

(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. In particular, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.

(59) Simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety and therefore should be conducted on a regular basis to detect online and offline infringements to this Regulation. Additionally, sweeps should be conducted where market trends, consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.

Amendment  34

Proposal for a regulation

Recital 62

 

Text proposed by the Commission

Amendment

(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number.

(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators to use the customer data already at their disposal that is necessary to inform consumers of recalls and safety warnings. In this respect, economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number. While economic operators are primarily responsible for executing recalls, online marketplaces should at least provide information to economic operators and market surveillance authorities and support in the communication to consumers.

Amendment  35

Proposal for a regulation

Recital 64 a (new)

 

Text proposed by the Commission

Amendment

 

(64a) The Commission shall publish guidance to market surveillance authorities to ensure more uniform enforcement and legally certain communication when dealing with recall notifications and respective requests by competent authorities. Member States should also ensure that the authorities have sufficient expertise and resources to ensure effective enforcement.

Amendment  36

Proposal for a regulation

Recital 71

 

Text proposed by the Commission

Amendment

(71) In order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or online marketplace and to the type and gravity of the injury suffered by the consumer. Furthermore an homogenous level of penalties is important to ensure a level playing field, avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.

(71) In order to play a significant deterrent effect for economic operators to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator and to the type and gravity of the injury suffered by the consumer. Furthermore an homogenous level of penalties is important to ensure a level playing field, avoiding that economic operators concentrate their activities in territories where the level of penalties is lower.

Amendment  37

Proposal for a regulation

Recital 80

 

Text proposed by the Commission

Amendment

(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 and (EU) 2018/1725. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.

(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679, (EU) 2018/1725 and Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.

Amendment  38

 

Proposal for a regulation

Article 1 – title

 

Text proposed by the Commission

Amendment

Subject matter

Subject matter and objective

Amendment  39

 

Proposal for a regulation

Article 1 – paragraph 1

 

Text proposed by the Commission

Amendment

This Regulation lays down essential rules on the safety of consumer products placed or made available on the market.

The objective of this Regulation is to ensure that products made available on the market are safe for the health and security of consumers. This Regulation therefore lays down essential rules on the safety of consumer products placed or made available on the market.

Amendment  40

 

Proposal for a regulation

Article 2 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements.

Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements thereby posing a threat to consumers’ health and safety.

Amendment  41

 

Proposal for a regulation

Article 2 – paragraph 1 – subparagraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) Chapter II shall not apply insofar as the risks or categories of risks covered by Union harmonisation legislation are concerned;

(a) Chapter II shall not apply insofar as the risks or categories of risks adequately covered by Union harmonisation legislation are concerned;

Amendment  42

 

Proposal for a regulation

Article 2 – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

(g) equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers;

(g) equipment on which consumers ride or travel which is not driven by the consumer but operated by a service provider within the context of a service provided to consumers and has the goal of transporting consumers from one location to another;

Amendment  43

 

Proposal for a regulation

Article 2 – paragraph 5

 

Text proposed by the Commission

Amendment

5. This Regulation shall be applied taking due account of the precautionary principle.

deleted

Amendment  44

 

Proposal for a regulation

Article 3 – paragraph 1 – point 1

 

Text proposed by the Commission

Amendment

1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;

1. ‘product’ means any item, tangible or intangible, such as software or a product embedded with software, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;

Amendment  45

 

Proposal for a regulation

Article 3 – paragraph 1 – point 23

 

Text proposed by the Commission

Amendment

23. ‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the consumer;

23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer end users;

Amendment  46

 

Proposal for a regulation

Article 6 – title

 

Text proposed by the Commission

Amendment

Presumption of safety

Presumption of conformity with the general safety requirement

Amendment  47

 

Proposal for a regulation

Article 6 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements.

(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national standards being established in accordance with Union law.

Amendment  48

 

Proposal for a regulation

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5, taking into account the criteria listed in Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

Amendment  49

 

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

3. However, presumption of safety under paragraph 1 shall not prevent market surveillance authorities from taking action under this Regulation where there is evidence that, despite such conformity, the product is dangerous.

3. However, presumption of conformity with the general safety requirement under paragraph 1 shall not prevent market surveillance authorities from taking action under this Regulation where there is evidence that, despite such conformity, the product is dangerous.

Amendment  50

 

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Where the presumption of safety laid down in Article 5 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:

1. Where the presumption of conformity with the general safety requirement aid down in Article 6 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:

Amendment  51

 

Proposal for a regulation

Article 7 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) the characteristics of the product, including its design, technical features, composition, packaging, instructions for assembly and, where applicable, for installation and maintenance;

(a) the characteristics of the product, including its design, technical features, composition and chemical constituents, packaging, instructions for assembly and, where applicable, for installation, use, maintenance, recycling and repair;

Amendment  52

 

Proposal for a regulation

Article 7 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) the effect on other products, where it is reasonably foreseeable that it will be used with other products, including the interconnection of products among them;

(b) the effect on other products and its users, where it is reasonably foreseeable that it will be used with other products, including the options of interconnection among products as well as the possible loss of interconnection;

Amendment  53

 

Proposal for a regulation

Article 7 – paragraph 1 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) the connectivity of a product, including the appropriate security features necessary to address connection and disconnection issues;

Amendment  54

 

Proposal for a regulation

Article 7 – paragraph 1 – point c b (new)

 

Text proposed by the Commission

Amendment

 

(cb) the appropriate safeguards to address faulty data as well as the issue of data reliability that might have an impact on the safety of the product;

Amendment  55

 

Proposal for a regulation

Article 7 – paragraph 1 – point e

 

Text proposed by the Commission

Amendment

(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people and persons with disabilities;

(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, including the age labelling of products regarding their suitability or legality for children, and older people and persons with disabilities while taking in to account vulnerability based on specific risks by the product;

Amendment  56

 

Proposal for a regulation

Article 7 – paragraph 1 – point f

 

Text proposed by the Commission

Amendment

(f) 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;

(f) 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 and may therefore be placed in the mouth, sucked or ingested by the consumer, especially by children, and which might cause, for example, suffocation, poisoning, the perforation or obstruction of the digestive tract;

Amendment  57

 

Proposal for a regulation

Article 7 – paragraph 1 – point h

 

Text proposed by the Commission

Amendment

(h) the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence might have an impact on the safety of the product;

(h) the appropriate cybersecurity features that cover the entire lifecycle necessary to protect the product against external influences, including malicious third parties, when such an influence might have an impact on the safety of the product;

Amendment  58

 

Proposal for a regulation

Article 7 – paragraph 1 – point i

 

Text proposed by the Commission

Amendment

(i) the evolving, learning and predictive functionalities of a product.

(i) the evolving, learning and predictive functionalities of a product;

Amendment  59

 

Proposal for a regulation

Article 7 – paragraph 1 – point i a (new)

 

Text proposed by the Commission

Amendment

 

(ia) the physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the product may present to the health and safety of consumers;

Amendment  60

 

Proposal for a regulation

Article 7 – paragraph 1 – point i b (new)

 

Text proposed by the Commission

Amendment

 

(ib) The mental health risk posed by connected products, including its accumulative and long-term health effects.

Amendment  61

 

Proposal for a regulation

Article 7 – paragraph 3 – point d

 

Text proposed by the Commission

Amendment

(d) voluntary certification schemes or similar third-party conformity assessment frameworks, in particular those conceived to support Union legislation;

(d) voluntary certification schemes or similar third-party conformity assessment frameworks, when those are conceived to support Union legislation;

Amendment  62

 

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a register of these complaints as well as of product recalls.

2. Manufacturers shall investigate the complaints received that concern products they made available on the market, and which have been identified as dangerous by the complainant, and shall keep a public register of product recalls.

Amendment  63

 

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product.

Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section, like a customer service, of their website, allowing the consumers to file complaints in an easy and accessible way and to inform manufacturers of any accident or safety issue they have experienced with the product.

Amendment  64

 

Proposal for a regulation

Article 8 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.

3. Manufacturers shall inform distributors, importers, online marketplaces and fulfilment service providers in the concerned supply chain without undue delay of any safety issue that they have identified.

Amendment  65

 

Proposal for a regulation

Article 8 – paragraph 4 – introductory part

 

Text proposed by the Commission

Amendment

4. Manufacturers shall draw up technical documentation of the product. The technical documentation shall contain, as appropriate:

4. Manufacturers shall draw up technical documentation of the product before placing it on the market. The technical documentation shall contain at least a general description of the product and its essential properties relevant for assessing the product's safety. Where deemed appropriate with regard to the risks presented by a product, the technical documentation shall contain additionally:

Amendment  66

 

Proposal for a regulation

Article 8 – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

(a) a general description of the product and its essential properties relevant for assessing the product's safety;

deleted

Amendment  67

 

Proposal for a regulation

Article 8 – paragraph 4 – point c

 

Text proposed by the Commission

Amendment

(c) the list of the European standards referred to in Article 6(1) point a, or the other elements referred to in Article 7(3), applied to meet the general safety requirement laid down in Article 5.

(c) the list of the European standards referred to in Article 6(1) point a, or the other elements referred to in Articles 6(1) point b, 7(1) and 7(3),applied to meet the general safety requirement laid down in Article 5;

Amendment  68

 

Proposal for a regulation

Article 8 – paragraph 4 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) where relevant the European Article Number.

Amendment  69

 

Proposal for a regulation

Article 8 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

Where any of the European standards, health and safety requirements or elements referred to in Article 7(3) have been only partly applied, the parts which have been applied shall be identified.

Where any of the European standards, health and safety requirements or elements referred to in Articles 6, 7(1) and 7(3) have been only partly applied, the parts which have been applied shall be identified.

Amendment  70

 

Proposal for a regulation

Article 8 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Manufacturers shall keep the technical documentation, for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities, upon request.

5. Manufacturers shall keep the technical documentation up to date for ten years after the product has been made available on the market and make it available to the market surveillance authorities, upon request.

Amendment  71

 

Proposal for a regulation

Article 8 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product.

6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible, legible and understandable for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a digital document accompanying the product. Upon request of the consumer, it should be made available on paper and free of charge.

Amendment  72

 

Proposal for a regulation

Article 8 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted.

7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point, and a telephone number at which the manufacturer can be contacted.

Amendment  73

 

Proposal for a regulation

Article 8 – paragraph 9

 

Text proposed by the Commission

Amendment

9. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 5.

9. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 5 and respect Articles 6 and 7.

Amendment  74

 

Proposal for a regulation

Article 8 – paragraph 9 a (new)

 

Text proposed by the Commission

Amendment

 

9a. Manufacturers shall ensure the continued safe functioning of connected products over their expected lifetime. To this end, they shall provide specific safeguards to prevent the risk of software uploads or other digital alterations that may jeopardize the safety of products.

 

For those digital connected products likely to impact children, manufacturers shall conduct a child risk assessment ensuring their products meet the highest standards of safety, security and privacy by design.

Amendment  75

 

Proposal for a regulation

Article 8 – paragraph 11

 

Text proposed by the Commission

Amendment

11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.

11. Manufacturers shall, immediately alert consumers of the risk to their health and safety presented by a product they manufacture in accordance with Article 33. Consumers shall be alerted immediately through clear and targeted information at least in the official languages of their country of residence, including but not exclusively using digital means. Additionally manufacturers immediately inform, via the Safety Business Gateway referred to in Article 25, market surveillance authorities of the Member States in which a dangerous product has been made available giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.

Amendment  76

 

Proposal for a regulation

Article 9 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer;

(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer and additionally, if necessary, the importer, the distributor, the fulfilment service provider and notify the product via the Safety Business Gateway without undue delay;

Amendment  77

 

Proposal for a regulation

Article 10 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 8 (4), (6) and (7).

1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 8 (4), (6), (7) and (8).

Amendment  78

 

Proposal for a regulation

Article 10 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and ensure that the market surveillance authorities are informed.

2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5 and Article 8(4), (6) and (7), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and the market surveillance authorities without undue delay.

Amendment  79

 

Proposal for a regulation

Article 10 – paragraph 6 – subparagraph 1

 

Text proposed by the Commission

Amendment

6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the register referred to in Article 8(2), first subparagraph, or in their own register. Importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation.

6. Importers shall investigate complaints related to products they made available on the market and file products recalls, in the register referred to in Article 8(2), first subparagraph, and in their own register. Importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation.

Amendment  80

 

Proposal for a regulation

Article 10 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Importers shall cooperate with market surveillance authorities and the manufacturer to ensure that a product is safe.

7. Importers shall cooperate with market surveillance authorities, the manufacturer and, if necessary, other relevant economic operators to ensure that a product is safe.

Amendment  81

 

Proposal for a regulation

Article 10 – paragraph 8

 

Text proposed by the Commission

Amendment

8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.

8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall, through the Safety Business Gateway referred to in Article 25, immediately alert market surveillance authorities of the Member States in which they made the product available giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. Additionally, they shall alert consumers in accordance with Article 33.

Amendment  82

 

Proposal for a regulation

Article 10 – paragraph 9

 

Text proposed by the Commission

Amendment

9. Importers shall keep the technical documentation referred to in Article 8(4) for a period of 10 years after they have placed the product on the market and make it available to the market surveillance authorities, upon request.

9. Importers shall keep the technical documentation referred to in Article 8(4) for 10 years after they have made available the product on the market and make it available to the market surveillance authorities, upon request.

Amendment  83

 

Proposal for a regulation

Article 11 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable.

1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 8(6), (7) and Article 10(3) and (4), as applicable.

Amendment  84

 

Proposal for a regulation

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.

3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer and the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.

Amendment  85

 

Proposal for a regulation

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or the importer, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed giving details, in particular, of the risk to health and safety and of any corrective measure taken.

4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 5, Article 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer and the importer, as applicable, to that effect and shall immediately alert, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed giving details, in particular, of the risk to health and safety and of any corrective measure taken.

Amendment  86

 

Proposal for a regulation

Article 12 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Where a product has been substantially modified within the meaning of this Article, that product could be submitted to a new safety assessment pursuant to Articles 5, 6 and 7 of this Regulation.

Amendment  87

 

Proposal for a regulation

Article 13 – paragraph 1

 

Text proposed by the Commission

Amendment

The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5.

The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect all the obligations laid down in this Regulation, including the general safety requirement laid down in Article 5. These internal processes shall include at least accident recording and investigation programmes, compliance verification process and risk assessment. They shall be independently audited when necessary. Economic operators shall make publicly available an overview of this audit report.

Amendment  88

 

Proposal for a regulation

Article 14 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Economic operators shall cooperate with market surveillance authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.

1. Economic operators shall cooperate with market surveillance authorities and where relevant with other authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.

Amendment  89

 

Proposal for a regulation

Article 14 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.

5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks in such a way as to make the product safe within the meaning of Articles 5, 6 and 7. Market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.

Amendment  90

 

Proposal for a regulation

Article 15 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.

1. Economic operators shall be established in the Union or shall have a responsible person in the Union in order to place a product covered by this Regulation on the market, and therefore Article 4(1),(2) and (3) of Regulation (EU) 2019/1020 applicable to harmonised products shall also apply to products covered by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.

Amendment  91

 

Proposal for a regulation

Article 15 – paragraph 2

 

Text proposed by the Commission

Amendment

2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.

2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing of categories of products listed most frequently on the Safety Gate, which they made available on the market. These products shall be randomly chosen and shall include products whose sales volumes are significant in relation to the average sales volume of products in the same category. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.

Amendment  92

 

Proposal for a regulation

Article 15 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The name, registered trade name or registered trade mark, and contact details, including the postal and electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document.

3. The name, registered trade name or registered trade mark, and contact details, including the postal and electronic address and telephone number of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document.

Amendment  93

 

Proposal for a regulation

Article 15 a (new)

 

Text proposed by the Commission

Amendment

 

Article 15a

 

Small, medium and micro-enterprises

 

1.  In order for economic operators that are SMEs and micro-businesses to be able to fulfil the obligations laid down in Articles 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of this Regulation, the Commission shall provide them with practical guidelines and tailored guidance which include practical simplifications from the new obligations, where possible, in order to limit their administrative burden. At the same time, financial support shall be provided.

 

2.  The Commission is empowered to adopt delegated acts in accordance with Article 41 in order to guarantee support for SMEs and micro-enterprises as set out in paragraph 1.

Amendment  94

 

Proposal for a regulation

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.

1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission shall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability or require independent third-party conformity assessment.

Amendment  95

 

Proposal for a regulation

Article 17 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access that data, including placement of a data carrier on the product, its packaging or accompanying documents.

2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access that data, including placement of a data carrier on the product, its packaging or accompanying documents. The display modalities shall ensure traceability by making available information that is clear, legible and understandable.

Amendment  96

 

Proposal for a regulation

Article 17 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 41 to supplement this Regulation by:

3. In cooperation with relevant stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 41 six months after the entry into force of this Regulation at the latest to supplement this Regulation by:

Amendment  97

 

Proposal for a regulation

Article 17 – paragraph 3 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) specifying the period for retaining the data that economic operators collect and store by means of the traceability system referred to in paragraph 2. The retention period and modalities must ensure respect for Regulation (EU)2016/679 of the European Parliament and of the Council;

Amendment  98

 

Proposal for a regulation

Article 18 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address at which they can be contacted;

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address and telephone number at which they can be contacted;

Amendment  99

 

Proposal for a regulation

Article 18 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;

(c) information to identify the product, including its type and any other product identifier;

Amendment  100

 

Proposal for a regulation

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market is notified, within two working days from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.

1. The manufacturer shall notify through the Safety Business Gateway referred to in Article 25, an accident resulting in serious risk to or actual damage of the health or safety of a consumer caused by a product placed or made available on the market, without undue delay at the latest from the moment it has been informed about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.

Amendment  101

 

Proposal for a regulation

Article 19 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notification.

2. The importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall notify this information via the Safety Business Gateway without undue delay from the moment they know about the accident and shall inform the manufacturer without undue delay.

Amendment  102

 

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

1. Online marketplaces shall establish a single contact point allowing for direct communication with Member States’ market surveillance authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.

1. Online marketplaces shall establish a single contact point for the purpose of ensuring a swift and direct communication with competent Member States’ authorities, market surveillance and customs authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.

Amendment  103

 

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Online marketplaces shall register with the Safety Gate portal and indicate on the portal the information concerning their single contact point.

Online marketplaces shall register with the Safety Gate portal and indicate on the portal the information concerning their single contact point.

 

This information shall include the name, postal and electronic address and telephone number of their single contact point. Online marketplaces shall ensure that information regarding their contact point is up-to-date and shall update information without delay, if necessary.

Amendment  104

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 1

 

Text proposed by the Commission

Amendment

2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it. Such orders shall contain a statement of reasons and specify one or more exact uniform resource locators and, where necessary, additional information enabling the identification of the illegal content concerned. They may be transmitted by means of the Safety Gate portal.

2. As far as powers conferred by Member States in accordance to Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by this Regulation, to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface, to disable access to it or to display an explicit warning to end users when they access it. Such orders shall contain a clear statement of reasons and specify one or more exact uniform resource locators and, where necessary, available additional information enabling the identification of the dangerous product concerned. They may be transmitted by means of the Safety Gate portal.

Amendment  105

 

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.

Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay. If the information provided by the market surveillance authorities contains enough details to identify the dangerous product immediately, the online marketplaces shall act within one working day. If online marketplaces have to carry out additional research in order to identify the product, then it shall act within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.

Amendment  106

 

Proposal for a regulation

Article 20 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.

deleted

Amendment  107

 

Proposal for a regulation

Article 20 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within two working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.

Amendment  108

 

Proposal for a regulation

Article 20 – paragraph 5 – introductory part

 

Text proposed by the Commission

Amendment

5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:

5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders using their service to comply with this Regulation. Online marketplaces shall ensure that the traders provide the following information for each product offered and ensure that it is displayed or otherwise made easily accessible and understandable by consumers on the market through the online interface:

Amendment  109

 

Proposal for a regulation

Article 20 – paragraph 5 – point a

 

Text proposed by the Commission

Amendment

(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address at which they can be contacted;

(a) the name, registered trade name or/and registered trade mark of the manufacturer, as well as the postal or electronic address and telephone number at which the manufacturer can be contacted;

Amendment  110

 

Proposal for a regulation

Article 20 – paragraph 5 – point b

 

Text proposed by the Commission

Amendment

(b) where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the responsible person within the meaning of Article 15 (1);

(b) where the manufacturer is not established in the Union, the name, address, telephone number and electronic address of the responsible person within the meaning of Article 15 (1) of this Regulation;

Amendment  111

 

Proposal for a regulation

Article 20 – paragraph 5 – point c

 

Text proposed by the Commission

Amendment

(c) information to identify the product, including its type and, when available, batch or serial number and any other product identifier;

(c) the information necessary to identify the product, including its type and, when available, batch or serial number and any other product identifier;

Amendment  112

 

Proposal for a regulation

Article 20 – paragraph 5 – point d

 

Text proposed by the Commission

Amendment

(d) any warning or safety information that is to be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers.

(d) any warning or safety information that shall be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers.

Amendment  113

 

Proposal for a regulation

Article 20 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

a. Online marketplaces shall ensure that the information listed in paragraph 5 provided by the trader is complete before products are allowed to be offered on the market through their online interfaces.

 

b. The Online Marketplace shall, upon receiving the information listed in paragraph 5 and until the end of the contractual relationship with the trader, make best efforts to check the information provided by the trader through the use of any freely accessible official online database or online interface made available by a Member State or the Union or through requests to the business user to provide supporting documents from reliable sources.

 

c. Where the online marketplace obtains sufficient indications or has reasons to believe that information listed in paragraph 5 is inaccurate or incorrect, it shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete immediately in order to allow the offering of the product on its interface. Where the trader fails to correct or complete that information, the online marketplace shall temporarily suspend the provision of its service to the trader in relation to the offering of products to consumers until the request is fully complied with.

 

Online marketplaces shall report those traders to Member States’ competent authorities and to the European Commission through the Business Safety Gateway.

 

d. Online marketplaces shall periodically carry out visual inspections and sample testing of randomly chosen products considering previous reports, databases, reviews and potential risks and harms towards consumers.

 

e. Online marketplaces shall establish a connection to the Safety Gate, for instance through an API, that enables them to quickly and efficiently compare the products or product categories offered on their marketplace where they have reason to believe products are dangerous. If this process detects a product that has previously been found to be dangerous, the online marketplace shall inform the trader and delete the content expeditiously. In addition, the online marketplace shall establish an internal database of those dangerous products that have previously been removed and make best efforts to avoid reappearance of those products on their online interface. The online marketplace shall inform the issuing competent authority of any follow-up actions it will take in this regard.

 

The application of this paragraph shall not lead to any general monitoring obligation and shall be subject to human review.

 

f. Online marketplaces which have been informed of an accident resulting in serious risk to or actual damage of the health or safety of a consumer caused by a product made available on their marketplace shall notify this without undue delay to the Safety Business Gateway and inform the manufacturer thereof.

 

g. Online marketplaces shall ensure that the information listed in paragraph 5 is easily accessible and understandable to consumers from their online interfaces. The online interface of online marketplaces shall also allow consumers to understand their rights in case of an issue relating to product safety.

Amendment  114

 

Proposal for a regulation

Article 20 – paragraph 6 – point a

 

Text proposed by the Commission

Amendment

(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls;

(a) cooperating to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and publish the recall notice on their website;

Amendment  115

 

Proposal for a regulation

Article 20 – paragraph 6 – point d

 

Text proposed by the Commission

Amendment

(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products;

(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products while respecting sensitive business information;

Amendment  116

 

Proposal for a regulation

Article 21 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

-1. Market surveillance authorities shall apply this Regulation taking due account of the precautionary principle in a proportionate manner.

Amendment  117

Proposal for a regulation

Article 21 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Market surveillance authorities shall carry out mystery shopping including on online shopping marketplaces, on a regular basis in order to particularly check the safety of product categories that are most frequently flagged on the Safety Gate;

Amendment  118

Proposal for a regulation

Article 22 a (new)

 

Text proposed by the Commission

Amendment

 

Article 22a

 

Member States shall ensure that any measure taken by the competent authorities involving restrictions on the placing of a product on the market or requiring its withdrawal or recall can be challenged before the competent courts.

Justification

Reintroduction from the GPSD.

Amendment  119

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Commission shall further develop and maintain a rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’).

1. The Commission shall further develop and modernise the rapid alert system for the exchange of information on corrective measures concerning dangerous products (‘the Safety Gate’), as well as enhance its efficiency, in particular by providing a interoperable interface for online marketplaces to link their website with the Safety Gate, so that they can easily, quickly and reliably check products and product categories.

Justification

The existing Rapex (Safety Gate) needs to be updated. If the online marketplaces are asked to take over more responsibility than we need to make sure that they are actually able to do what they are asked to do. It is only if the Safety Gate allows for quick, reliable and precise information of a dangerous product that the online marketplaces can be asked to check this system before putting the product online.

Amendment  120

Proposal for a regulation

Article 23 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Consumers shall have access to the Safety Gate under the conditions laid down in Article 32. They shall have access to information on products that may pose a risk to health and to a separate area in the portal where they can inform the Commission of products that pose a risk to their health.

Amendment  121

Proposal for a regulation

Article 24 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. The Commission shall make a separate overview of the manufacturers and traders whose products were notified and found to be unsafe in the Safe Gate more than three times, and the manufacturers that have been deleted from online marketplaces as a result of repeated infringements.

Amendment  122

Proposal for a regulation

Article 24 – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

8a. Economic operators shall be informed about the decision to include their product in the Safety Gate without undue delay. Where an economic operator believes that his product has been wrongly included in the Safety Gate, he should be able to provide comments to the relevant market surveillance authority. The recall procedure shall not be stopped until the claim of the economic operator has been found legitimate.

Amendment  123

Proposal for a regulation

Article 24 – paragraph 8 b (new)

 

Text proposed by the Commission

Amendment

 

8b. The Commission shall publish guidance to market surveillance authorities to ensure more uniform enforcement and legally certain communication when dealing with recall notifications and respective requests by competent authorities.

Amendment  124

Proposal for a regulation

Article 25 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Commission shall maintain a web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19.

1. The Commission shall maintain an easy-accessible web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19 which shall be accessible for consumers with disabilities.

Amendment  125

Proposal for a regulation

Article 26 – paragraph 1 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:

1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if:

Justification

If the criteria are cumulative, the mandate of the Commission to take action is too limited.

Amendment  126

Proposal for a regulation

Article 26 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) the risk can be eliminated effectively only by adopting appropriate measures applicable at Union level, in order to ensure a consistent and high level of protection of the health and safety of consumers and the proper functioning of the internal market.

(c) the risk can be eliminated effectively only by adopting appropriate and proportionate measures applicable at Union level, in order to ensure a consistent and high level of protection of the health and safety of consumers and the proper functioning of the internal market.

Amendment  127

Proposal for a regulation

Article 28 – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) the exchange of information on risk assessments, dangerous products, test methods and results, recent scientific developments as well as other aspects relevant for control activities;

(a) the exchange of information on risk assessments, dangerous products, test methods and results, recent scientific developments as well as other aspects relevant for control activities such as consideration of European Standards providing presumption of conformity with this Regulation;

Justification

It is important to keep Member States' competent authorities informed about standardisation in the area of product safety.

Amendment  128

Proposal for a regulation

Article 30 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Market surveillance authorities may decide to conduct simultaneous coordinated control actions (“sweeps”) of particular product categories to check compliance with or to detect infringements to this Regulation.

1. Market surveillance authorities shall conduct simultaneous coordinated control actions (“sweeps”) on a regular basis, at least once a year, in which they check compliance with or detect online and offline infringements to this Regulation.

Amendment  129

Proposal for a regulation

Article 31 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting risks to consumer health and safety shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.

1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting risks to consumer health and safety or information that is considered relevant in order to protect the interests of end users shall be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.

Justification

Information relating to measures on products or product safety should be available to all end users.

Amendment  130

Proposal for a regulation

Article 31 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Member States shall give consumers and other interested parties the opportunity to submit complaints to the competent authorities on product safety and on surveillance and control activities and these complaints shall be followed up as appropriate.

4. Member States shall give consumers or organisations representing consumers and other interested parties the opportunity to submit complaints to the competent authorities on product safety and on surveillance and control activities and these complaints shall be followed up as appropriate. The authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and of the decision taken.

 

Amendment  131

Proposal for a regulation

Article 32 – paragraph 1

 

Text proposed by the Commission

Amendment

1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24.

1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24. The Commission shall ensure that this website is easily findable and accessible for the general public.

 

Amendment  132

Proposal for a regulation

Article 33 – paragraph 1

 

Text proposed by the Commission

Amendment

1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings.

1. In case of a recall or where certain information has to be brought to the attention of end users to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10, 11 and 12, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall make use of this necessary information for recalls and safety warnings. Taking due account of data protection, online marketplaces shall help economic operators in case they have sold the respective product on their marketplace to obtain the specific customer data needed in order to perform an efficient recall.

Amendment  133

Proposal for a regulation

Article 33 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shall offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.

2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shall offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and shall only be used to contact consumers in case of a recall or safety warning.

Justification

Personal data provided for product registration systems should only be used related to recalls.

Amendment  134

Proposal for a regulation

Article 33 – paragraph 4

 

Text proposed by the Commission

Amendment

4. If not all affected consumers can be contacted directly, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.

4. If not all affected consumers can be contacted directly even not with the help of the online marketplaces in accordance with paragraph 1, economic operators, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities.

Amendment  135

Proposal for a regulation

Article 34 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) clear description of the hazard associated with the recalled product, avoiding any elements that may decrease consumers’ perception of risk, including terms and expressions such as “voluntary”, “precautionary”, “discretionary”, “in rare/specific situations” as well as indicating that there have been no reported accidents;

(c) clear description of the hazard associated with the recalled product, without any elements that may decrease consumers’ perception of risk, including terms and expressions such as “voluntary”, “precautionary”, “discretionary”, “in rare/specific situations” as well as indicating that there have been no reported accidents;

Justification

Consumers could be misled and therefore these misleading elements should not only be avoided but not used at all.

Amendment  136

Proposal for a regulation

Article 35 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:

1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. In order to have the goods brought into conformity with this Regulation, the consumer may choose between one of the following:

Justification

Consumers should be able to choose between the remedies as it is the case in other EU consumer legislation.

Amendment  137

Proposal for a regulation

Article 35 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Repair, disposal or destruction of the product by consumers shall only be considered an effective remedy where it can be carried out easily and safely by the consumer. In such cases, the economic operator responsible for the recall shall provide consumers with the necessary instructions and/or, in the case of self-repair, free replacement parts or software updates.

2. Repair, disposal or destruction of the product by consumers shall only be considered an effective remedy where it can be carried out easily and safely by the consumer. In such cases, the economic operator responsible for the recall shall provide consumers with the necessary instructions and/or, in the case of self-repair, free replacement parts or software updates including potential risks as well as their consequences.

Justification

Consumers should be well informed when carrying out repairs by themselves.

Amendment  138

Proposal for a regulation

Article 35 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The right to remedy laid down in this Article is without prejudice to Directive (EU) 85/374/EEC.

Justification

This addition clarifies that even where consumers receive a remedy for a recalled product under the GPSR, their right to claim compensation for damages under the Product Liability Directive is not affected.

Amendment  139

Proposal for a regulation

Article 40 – paragraph 3 – point d

 

Text proposed by the Commission

Amendment

(d) failure to comply with traceability and information obligations of economic operators referred to in Articles 8, 9, 10, 11 and 18 and 19;

(d) failure to comply with traceability and information obligations of economic operators referred to in Articles 8, 9, 10, 11 and 18, 19 and 20;

Amendment  140

Proposal for a regulation

Article 40 – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

8a. where the penalties cover only a low amount.

Amendment  141

Proposal for a regulation

Article 43 – paragraph 1

 

Text proposed by the Commission

Amendment

1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products while taking into account its impact on businesses and in particular on small and medium-sized enterprises.

1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products in particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate, challenges posed by new technologies and by online marketplaces.

Justification

The evaluation should cover specifically some of the most relevant aspects for consumer safety.

 


PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Regulation on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

References

COM(2021)0346 – C9-0245/2021 – 2021/0170(COD)

Committee responsible

 Date announced in plenary

IMCO

13.9.2021

 

 

 

Opinion by

 Date announced in plenary

JURI

13.9.2021

Rapporteur for the opinion

 Date appointed

René Repasi

2.2.2022

Previous rapporteur for the opinion

Evelyne Gebhardt

Discussed in committee

28.10.2021

1.12.2021

 

 

Date adopted

15.3.2022

 

 

 

Result of final vote

+:

–:

0:

21

0

1

Members present for the final vote

Pascal Arimont, Manon Aubry, Gunnar Beck, Ilana Cicurel, Geoffroy Didier, Pascal Durand, Jean-Paul Garraud, Gilles Lebreton, Sabrina Pignedoli, Jiří Pospíšil, Franco Roberti, Raffaele Stancanelli, Marie Toussaint, Adrián Vázquez Lázara, Axel Voss, Marion Walsmann, Tiemo Wölken, Lara Wolters, Javier Zarzalejos

Substitutes present for the final vote

Patrick Breyer, Daniel Buda, Caterina Chinnici, Heidi Hautala, René Repasi, Nacho Sánchez Amor, Stéphane Séjourné

 


 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

21

+

PPE

Pascal Arimont, Daniel Buda, Geoffroy Didier, Jiří Pospíšil, Axel Voss, Marion Walsmann, Javier Zarzalejos

S&D

René Repasi, Franco Roberti, Nacho Sánchez Amor, Lara Wolters, Tiemo Wölken

Renew

Ilana Cicurel, Pascal Durand, Stéphane Séjourné, Adrián Vázquez Lázara

ID

Jean‑Paul Garraud, Gilles Lebreton

Verts/ALE

Patrick Breyer, Marie Toussaint

ECR

Raffaele Stancanelli

 

0

-

 

 

 

1

0

ID

Gunnar Beck,

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 


 


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Regulation on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

References

COM(2021)0346 – C9-0245/2021 – 2021/0170(COD)

Date submitted to Parliament

1.7.2021

 

 

 

Committee responsible

 Date announced in plenary

IMCO

13.9.2021

 

 

 

Committees asked for opinions

 Date announced in plenary

INTA

13.9.2021

ENVI

13.9.2021

ITRE

13.9.2021

JURI

13.9.2021

Not delivering opinions

 Date of decision

INTA

14.7.2021

ENVI

6.9.2021

ITRE

14.7.2021

 

Rapporteurs

 Date appointed

Dita Charanzová

15.7.2021

 

 

 

Discussed in committee

27.9.2021

10.1.2022

28.2.2022

21.4.2022

Date adopted

16.6.2022

 

 

 

Result of final vote

+:

–:

0:

41

1

2

Members present for the final vote

Pablo Arias Echeverría, Alessandra Basso, Brando Benifei, Adam Bielan, Andrea Caroppo, Anna Cavazzini, Dita Charanzová, Deirdre Clune, Alexandra Geese, Sandro Gozi, Maria Grapini, Krzysztof Hetman, Virginie Joron, Eugen Jurzyca, Arba Kokalari, Marcel Kolaja, Kateřina Konečná, Andrey Kovatchev, Maria-Manuel Leitão-Marques, Adriana Maldonado López, Beata Mazurek, Leszek Miller, René Repasi, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Róża Thun und Hohenstein, Kim Van Sparrentak, Marion Walsmann

Substitutes present for the final vote

Marco Campomenosi, Maria da Graça Carvalho, Geoffroy Didier, Malte Gallée, Stelios Kouloglou, Karen Melchior, Tsvetelina Penkova, Antonio Maria Rinaldi, Marc Tarabella, Kosma Złotowski

Substitutes under Rule 209(7) present for the final vote

Nicola Beer, Rosanna Conte, Vlad Gheorghe, Ondřej Kovařík

Date tabled

24.6.2022

 


 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

41

+

ECR

Adam Bielan, Eugen Jurzyca, Beata Mazurek, Kosma Złotowski

ID

Alessandra Basso, Marco Campomenosi, Rosanna Conte, Virginie Joron, Antonio Maria Rinaldi

PPE

Pablo Arias Echeverría, Andrea Caroppo, Maria da Graça Carvalho, Deirdre Clune, Geoffroy Didier, Krzysztof Hetman, Arba Kokalari, Andrey Kovatchev, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Marion Walsmann

RENEW

Nicola Beer, Dita Charanzová, Vlad Gheorghe, Sandro Gozi, Ondřej Kovařík, Karen Melchior, Róża Thun und Hohenstein

S&D

Brando Benifei, Maria Grapini, Maria-Manuel Leitão-Marques, Adriana Maldonado López, Leszek Miller, Tsvetelina Penkova, René Repasi, Christel Schaldemose, Marc Tarabella

VERTS/ALE

Anna Cavazzini, Malte Gallée, Alexandra Geese, Kim Van Sparrentak

 

1

-

VERTS/ALE

Marcel Kolaja

 

2

0

THE LEFT

Kateřina Konečná, Stelios Kouloglou

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

Last updated: 26 June 2022
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