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
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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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. |
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Amendment 6
Proposal for a regulation
Recital 11
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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. |
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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. |
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Amendment 7
Proposal for a regulation
Recital 16
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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. |
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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). |
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Amendment 30
Proposal for a regulation
Recital 44
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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. |
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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. |
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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). |
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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). |
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Amendment 57
Proposal for a regulation
Recital 78
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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. |
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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
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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
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Text proposed by the Commission |
Amendment |
Subject matter |
Subject matter and objective |
Amendment 60
Proposal for a regulation
Article 1 – paragraph 1
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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
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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
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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
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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
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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
|
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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, |
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(b) a domain name registered in one of the Member States, |
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(c) the geographical areas to which the products can be dispatched. |
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Amendment 75
Proposal for a regulation
Article 5 – paragraph 1
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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)
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Text proposed by the Commission |
Amendment |
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Article 5a |
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Aspects for assessing the safety of products |
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1. When assessing whether a product is safe, the following aspects shall be taken in particular into account: |
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(a) the characteristics of the product, including its design, technical features, composition, packaging, instructions for assembly and, where applicable, for installation, use and maintenance; |
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(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; |
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(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; |
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(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; |
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(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; |
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(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; |
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(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; |
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(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; |
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(i) the evolving, learning and predictive functionalities of a product when such functionalities have an impact on the safety of the product. |
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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
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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
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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
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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
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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
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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
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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
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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; |
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(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; |
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(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; |
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(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; |
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(e) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people and persons with disabilities; |
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(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; |
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(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; |
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(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; |
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(i) the evolving, learning and predictive functionalities of a product. |
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Amendment 84
Proposal for a regulation
Article 7 – paragraph 2
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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
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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
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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. |
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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. |
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Amendment 87
Proposal for a regulation
Article 8 – paragraph 3
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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
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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. |
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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. |
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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. |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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-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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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. |
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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. |
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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Article 19a |
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Information requirements in electronic format |
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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
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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
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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. |
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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
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
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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
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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. |
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In particular, online marketplaces shall: |
Amendment 146
Proposal for a regulation
Article 20 – paragraph 6 – point a
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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)
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Text proposed by the Commission |
Amendment |
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(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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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. |
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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)
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Text proposed by the Commission |
Amendment |
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Article 20a |
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Memoranda of understanding |
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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. |
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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)
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Text proposed by the Commission |
Amendment |
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-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
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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)
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Text proposed by the Commission |
Amendment |
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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. |
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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)
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Text proposed by the Commission |
Amendment |
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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
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Text proposed by the Commission |
Amendment |
Implementation |
Reporting |
Amendment 160
Proposal for a regulation
Article 22 – paragraph 1
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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. |
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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
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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
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Text proposed by the Commission |
Amendment |
VI Safety Gate rapid alert system |
Safety Gate |
Amendment 163
Proposal for a regulation
Article 23 – title
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Text proposed by the Commission |
Amendment |
Safety Gate |
Safety Gate rapid alert system |
Amendment 164
Proposal for a regulation
Article 23 – paragraph 1
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
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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
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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
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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: |
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(a) the access to the system; |
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(b) the operation of the system; |
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(c) the information to be entered in the system; |
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(d) the requirements notifications must meet; |
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(e) the criteria to assess the level of risk. |
Amendment 172
Proposal for a regulation
Article 24 – paragraph 8 a (new)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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)
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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
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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
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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
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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
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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
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|
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
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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
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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)
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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. |
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The Consumer Safety Network shall meet at regular intervals and, where necessary, at the duly justified request of the Commission or a Member State. |
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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
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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
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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
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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
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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
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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
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|
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)
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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
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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
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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
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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
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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
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|
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
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|
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; |
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(b) failure to inform the authority in a timely manner about a dangerous product they placed on the market; |
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(c) failure to comply with any decision, order, interim measure, economic operator’s commitment or other measure adopted pursuant to this Regulation; |
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(d) failure to comply with traceability and information obligations of economic operators referred to in Articles 8, 9, 10, 11 and 18 and 19; |
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(e) providing incorrect, incomplete or misleading information in response to a request from market surveillance authorities; |
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(f) failure to provide requested information within the required time-limit; |
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(g) refusal to submit to inspections; |
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(h) failure to provide the required documents or products during inspections; |
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(i) falsifying test results. |
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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; |
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(b) where publication would cause disproportionate damage to the economic operator or online marketplace; |
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(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. |
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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: |
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‘(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
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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)
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Text proposed by the Commission |
Amendment |
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Article 44a |
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Amendments to Directive 2020/1828/EU |
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Annex I, point 8, of Directive 2020/1828/EU is replaced by the following: |
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“(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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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Text proposed by the Commission |
Amendment |
Subject matter |
Subject matter and objective |
Amendment 39
Proposal for a regulation
Article 1 – paragraph 1
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(ca) where relevant the European Article Number. |
Amendment 69
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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. |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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Article 15a |
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Small, medium and micro-enterprises |
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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. |
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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
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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
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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
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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)
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Text proposed by the Commission |
Amendment |
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(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
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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
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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
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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
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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
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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
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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. |
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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
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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
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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
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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
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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
|
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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
|
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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
|
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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
|
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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
|
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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)
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Text proposed by the Commission |
Amendment |
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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. |
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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. |
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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. |
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Online marketplaces shall report those traders to Member States’ competent authorities and to the European Commission through the Business Safety Gateway. |
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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. |
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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. |
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The application of this paragraph shall not lead to any general monitoring obligation and shall be subject to human review. |
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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. |
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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
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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
|
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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)
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Text proposed by the Commission |
Amendment |
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-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)
|
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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Article 22a |
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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
|
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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)
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Text proposed by the Commission |
Amendment |
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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
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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
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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
|
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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
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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
|
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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
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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
|
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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
|
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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
|
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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
|
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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
|
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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)
|
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Text proposed by the Commission |
Amendment |
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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
|
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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)
|
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Text proposed by the Commission |
Amendment |
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8a. where the penalties cover only a low amount. |
Amendment 141
Proposal for a regulation
Article 43 – paragraph 1
|
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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 |
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References |
COM(2021)0346 – C9-0245/2021 – 2021/0170(COD) |
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Committee responsible Date announced in plenary |
IMCO 13.9.2021 |
|
|
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Opinion by Date announced in plenary |
JURI 13.9.2021 |
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Rapporteur for the opinion Date appointed |
René Repasi 2.2.2022 |
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Previous rapporteur for the opinion |
Evelyne Gebhardt |
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Discussed in committee |
28.10.2021 |
1.12.2021 |
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Date adopted |
15.3.2022 |
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|
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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 |
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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) |
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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 |
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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 |
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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 |
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Substitutes under Rule 209(7) present for the final vote |
Nicola Beer, Rosanna Conte, Vlad Gheorghe, Ondřej Kovařík |
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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
- [1] OJ C xxx, xx.xx.xxxx, p.x.