The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament (Amendment 1) Recital 7a (new) (7a)Whilst charity shops and non-profit organisations will be covered by this Directive, appropriate exemptions should be made from the obligation to provide information and documentation on product risk and product origin for second-hand items donated for sale where such information is not available, (Amendment 2) Recital 14    (14) The provisions of this Directive relating to the other obligations of producers and distributors, the obligations and powers of the Member States, the exchanges of information and rapid intervention situations and confidentiality should apply in the case of products covered by specific rules of Community law, without prejudice to any specific requirements on the same aspects in such rules .    (14) The provisions of this Directive relating to the other obligations of producers and distributors, the obligations and powers of the Member States, the exchanges of information and rapid intervention situations and provision of information apply in the case of products covered by specific rules of Community law, where that law does not already provide for such obligations . (Amendment 3) Recital 20    (20) Distributors must help in ensuring compliance with the applicable safety requirements. Both producers and distributors must cooperate with the competent authorities in action aimed at preventing risks and informing them when they conclude that certain products supplied are dangerous. The conditions regarding such information should be set in the Directive to facilitate its effective application and prevent an excessive burden for the economic operators and the authorities.    (20) Distributors must help in ensuring compliance with the applicable safety requirements. Both producers and distributors must cooperate with the competent authorities in action aimed at preventing risks and informing them when they conclude that certain products supplied are dangerous. The conditions regarding such information should be set in the Directive to facilitate its effective application. (Amendment 4) Recital 23    (23) The safety of consumers depends to a great extent on the active enforcement of Community product safety requirements. The Member States should, therefore, establish systematic approaches to ensure the effectiveness of market surveillance and other enforcement activities and should ensure their openness to the public and interested parties.    (23) The safety of consumers depends to a great extent on the active enforcement of Community product safety requirements. The Member States should, therefore, establish systematic approaches to ensure the effectiveness of market surveillance and other enforcement activities and should ensure their openness to the public and interested parties, and, in addition, draw up reasoned reports with the cooperation of competent and independent public or private institutions . (Amendment 5) Recital 38    (38) The Commission should periodically examine how this Directive is applied and the results obtained, in particular in relation to the functioning of market surveillance systems, the rapid exchange of information and measures at Community level, together with other issues relevant for consumer product safety in the Community, and present reports to the European Parliament and the Council on the subject.    (38) The Commission should periodically examine how this Directive is applied and the results obtained, in particular in relation to the functioning of market surveillance systems, the rapid exchange of information and measures at Community level, together with other issues relevant for consumer product safety in the Community, and present regular reports to the European Parliament and the Council on the subject. (Amendment 6) Recital 38a (new) (38a)The Commission should consider the various possible approaches to Community action on the safety of services with a view to presenting specific proposals. (Amendment 7) Article 1(2), first indent    - Articles 2, 3 and 4 of this Directive shall not apply to those products in so far as concerns the risks or categories of risks regulated by the specific legislation;    - the provisions of this Directive relating to the definition of the terms "safe product" and "dangerous product'(Article 2(b) and (c)), to the general requirement of safety, to the criteria for conformity assessment (Article 3) and to European standards (Article 4) shall not apply to those products in so far as concerns the risks or categories of risks regulated by the specific legislation; (Amendment 8) Article 2(a), third subparagraph It does not include second-hand products supplied as antiques or as products to be repaired or reconditioned prior to being used, provided that the supplier clearly informs the person to whom he supplies the product to that effect; It does not include second-hand products supplied as antiques or as products to be repaired or reconditioned prior to being used, or second-hand goods sold in street markets and car-boot sales, provided that the supplier clearly informs the person to whom he supplies the product to that effect; (Amendment 42) Article 2(b), introduction    (b) “safe product” shall mean any product which, under normal or reasonably foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the product's use, considered as acceptable and consistent with a high level of protection for the safety and health of persons, taking into account the following points in particular:    (b) “safe product” shall mean any product which, under normal or reasonably foreseeable conditions of use, installation and maintenance, including duration, does not present any risk, or only the minimum risks compatible with the product's use, considered as acceptable and consistent with a high level of protection for the safety and health of persons, taking into account the following points in particular: (Amendment 10) Article 2(b)(i)    (i) the characteristics of the product, including its composition, packaging, instructions for assembly and maintenance,    (i) the characteristics of the product, including its composition, packaging, instructions for assembly, installation and maintenance, (Amendment 11) Article 2(b)(v)    (v) the services directly associated with the product supplied, when these services are provided by the producer , in particular the installing and the maintenance of the product.    (v) the services directly associated with the product supplied, in particular its installation and maintenance. (Amendment 12) Article 2(f)    (f) “recall” shall mean any measures aimed at achieving the return of a dangerous product, for reimbursement or replacement or repair, that has already been supplied or made available to consumers by the producer or distributor.    (f) “recall” shall mean any measures aimed at achieving the return of a dangerous product that has already been supplied or made available to consumers by the producer or distributor. (Amendment 13) Article 3(1)    1. Producers shall be obliged to place only safe products on the market.    1. In accordance with the precautionary principle, producers shall be obliged to place only safe products on the market. (Amendment 37) Article 3(3a) (new) 3a. The conformity of a product with paragraph 2 or 3 may be proved by the producer by means of external certification. (Amendment 14) Article 4(1), first subparagraph    1. For the purposes of this Directive, the Commission shall establish the mandates to the European standardisation bodies and publish in the Official Journal of the European Communities the references of European standards . Where there is evidence that a standard does not ensure compliance with the general safety requirement of this Directive, the Commission shall withdraw such publication in whole or in part, in accordance with paragraph 4.    1. For the purposes of this Directive, the Commission shall establish the mandates to the European standardisation bodies and publish the European standards in the Official Journal of the European Communities. Where there is evidence that a standard does not ensure compliance with the general safety requirement of this Directive, the Commission shall withdraw such publication in whole or in part, in accordance with paragraph 4. (Amendment 15) Article 4(1), third subparagraph The mandates shall define the objectives that the standards must meet to ensure that products conforming to such standards are in compliance with the general safety requirement of this Directive. The mandates shall define the objectives that the standards must meet to ensure that products conforming to such standards are in compliance with the general safety requirement of this Directive. The Commission shall guarantee coordination with the Advisory Committee on Consumer Product Safety referred to in Article 15(1). (Amendment 16) Article 4(3)    3. The Commission, after consulting the Committee established by Article 5 of Directive 98/34/EC, may decide to publish in the Official Journal of the European Communitiesthe references of European standards relating to products covered by this Directive which were adopted by European Standardisation Bodies before the entry into force of this Directive.    3. The Commission, after consulting the Committee established by Article 5 of Directive 98/34/EC, may decide to publish in the Official Journal of the European Communitiesthe European standards relating to products covered by this Directive which were adopted by European Standardisation Bodies before the entry into force of this Directive. (Amendment 17) Article 5(1), fourth subparagraph The measures shall for example include, whenever appropriate, marking of the products or product batches in such a way that they can be identified, sample testing of marketed products, investigating complaints made and keeping distributors informed of such monitoring. The measures shall for example include, whenever appropriate, marking of the products or product batches in such a way that they and their producers can be identified, sample testing of marketed products, investigating complaints made and keeping distributors informed of such monitoring. (Amendment 18) Article 5(2a) (new) 2a.Charity shops and non-profit organisations shall have appropriate exemptions from the obligation to provide information and documentation on product risk and product origin for second-hand items donated for sale where such information is not available. This exemption shall also apply to second-hand goods sold through car-boot and garage sales, jumble or rummage sales, flea markets and other market stalls. (Amendment 19) Article 6(3a) (new) 3a. The Member States shall harmonise as far as possible their approach to monitoring and their monitoring programmes on the basis of guidelines prepared and updated by the Commission with the assistance of the advisory committee established pursuant to Article 15(1). (Amendment 20) Article 8(1)(d)    (d) subjecting product marketing to prior conditions designed to ensure product safety and requiring that suitable warnings be affixed regarding the risks which the product may present;    (d) subjecting product marketing to prior conditions designed to ensure product safety and requiring that suitable clearly worded, easily comprehensible warnings, in the languages of the country in which the product is placed on the market, be affixed regarding the risks which the product may present; (Amendment 21) Article 8(1)(h)    (h) organising or ordering, the effective and immediate withdrawal of dangerous products already on the market, the warning of consumers on the risks posed by dangerous products, the recalling from consumers of those products already supplied, and the destruction of the products in question under appropriate conditions, if necessary, in cases where action by producers and distributors to the same aims, in conformity to their obligation under this Directive, is not satisfactory or is insufficient.    (h) organising or ordering, in cooperation with producers and distributors, the effective and immediate withdrawal of dangerous products already on the market, the warning of consumers on the risks posed by dangerous products, the recalling from consumers of those products already supplied, and the destruction of the products in question under appropriate conditions. (Amendment 22) Article 8(3a) (new) 3a. Producers and distributors shall inform the national authorities of the voluntary additional measures which they intend to take or have already taken. (Amendment 23) Article 9(3)    3. The Member States shall ensure that consumers and other interested parties may present complaints to the competent authorities on product safety and on surveillance and control activities and that these complaints are considered, followed up as appropriate and answered. The Member States shall actively inform consumers and the other interested parties of the procedures established to that end.    3. The Member States shall ensure that consumers and other interested parties may present complaints to the competent authorities on product safety and on surveillance and control activities, that these complaints are considered, followed up as appropriate and answered and that appropriate compensation is paid according to the damage caused and producers" and distributors" liability . The Member States shall actively inform consumers and the other interested parties of the procedures established to that end. (Amendment 24) Article 10(1)    1. The Commission shall promote the establishment and operation of a European Product Safety Network between the authorities of the Member States competent for market surveillance of consumer products and involving also the Commission.    1. A European Product Safety Network linking the authorities of the Member States competent for market surveillance of consumer products and involving also the Commission shall be established no later than a year from the date referred to in Article 20(1) . (Amendment 25) Article 12(4)    4. Access to RAPEX may be open to candidate countries, third countries or international organisations, within the framework of agreements between the Community and those countries or international organisations, according to modalities defined in these agreements. Any such agreements shall be based on reciprocity and include provisions on confidentiality corresponding to those applicable in the Community.    4. Access to RAPEX shall be open to candidate countries, third countries or international organisations, within the framework of agreements between the Community and those countries or international organisations, according to modalities defined in these agreements. Any such agreements shall be based on reciprocity and include provisions on confidentiality corresponding to those applicable in the Community. (Amendment 26) Article 15(3)    3. The Advisory Committee on Consumer Product Safety shall also assist the Commission in examining any question concerning the application of this Directive, in particular issues related to enforcement and market surveillance activities.    3. The Advisory Committee on Consumer Product Safety shall also assist the Commission in drawing up the mandates pursuant to Article 4(1) and in examining any question concerning the application of this Directive, in particular issues related to enforcement and market surveillance activities. (Amendment 27) Article 16(1), first subparagraph    1. Information available to the authorities of the Member States or the Commission relating to risks to consumer health and safety posed by products shall in general be available to the public. In particular the public shall have access to information on product identification, the nature of the risk and the measures taken.    1. Information available to the authorities of the Member States or the Commission relating to risks, duly established in accordance with the provisions of this Directive, to consumer health and safety posed by products shall be available to the public in accordance with the principle of transparency . In particular the public shall have access to information on product identification, the nature of the risk and the measures taken. (Amendment 28) Article 19(1)    1. Every three years following the date referred to in Article 20(1), the Commission shall submit a report on the implementation of this Directive to the European Parliament and the Council.    1. Every two years following the date referred to in Article 20(1), the Commission shall submit a report on the implementation of this Directive to the European Parliament and the Council. (Amendment 29) Article 19a (new) Article 19a The Commission shall submit to the European Parliament and the Council proposals concerning safety of services before 1 January 2003.

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM (2000) 139),

-  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0224/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on Legal Affairs and the Internal Market (A5-0309/2000 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text;

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