Committee on Legal Affairs

18.9.2013

OPINION

of the Committee on Legal Affairs

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 consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC

( COM(2013)0078 – C7‑0042/2013 – 2013/0049(COD) )

Rapporteur: Jiří Maštálka

PA_Legam

AMENDMENTS

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

Amendment 1

Proposal for a regulation

Recital 13


Text proposed by the Commission	Amendment
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled.	(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics, composition and presentation as well as the precautionary principle and the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled.

Justification

The precautionary principle (Article 191 TFEU), as a crucial pillar of current EU safety legislation, needs to be maintained. In most cases, European consumers and consumer associations must demonstrate the danger associated with a non-food consumer product. In the case of an action being taken under the precautionary principle, economic operators may be required to prove the absence of danger. As for market surveillance authorities, without the precautionary principle, taking adequate risk management measures may pose a problem for effective surveillance measures in practice.

Amendment 2

Proposal for a regulation

Recital 14


Text proposed by the Commission	Amendment
(14) To avoid overlapping safety requirements and conflicts with other Union legislation, a product which conforms to sector-specific Union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this Regulation.	(14) To avoid overlapping safety requirements and conflicts with other Union legislation, a product which conforms to sector-specific Union harmonisation legislation that aims at the protection of health and safety of persons should be presumed to be safe under this Regulation. Such an evaluation should be based on the precautionary principle.

Justification

Amendment 3

Proposal for a regulation

Recital 20


Text proposed by the Commission	Amendment
(20) 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 unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe 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. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost-efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this Regulation.	(20) 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 unsafe products, such as targeted recalls and product destruction. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe 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. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost-efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this Regulation.

Justification

In the interests of consumer protection, it is important for products to be permanently withdrawn from circulation, and hence that their destruction can be authorised.

Amendment 4

Proposal for a regulation

Article 1 – paragraph 1 a (new)


Text proposed by the Commission	Amendment
	It establishes a broad-based, legislative framework of a horizontal nature to cover loopholes, in particular pending revision of the existing specific legislation, and to complement provisions in existing or forthcoming specific legislation, in particular with a view to ensuring a high level of protection of safety and health for consumers.

Justification

In the interest of comprehensive and complete protection of safety and health for consumers, the new Regulation should function as a general safety net covering potential omissions in existing or future specific legislation.

Amendment 5

Proposal for a regulation

Article 2 – paragraph 3 – point h


Text proposed by the Commission	Amendment
(h) equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers;	(h) equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers, except for fairground equipment;

Justification

Fairground equipment is responsible for many serious accidents and should therefore be covered by this Regulation.

Amendment 6

Proposal for a regulation

Article 6 – paragraph 1 – point d


Text proposed by the Commission	Amendment
(d) the categories of consumers at risk when using the product, in particular vulnerable consumers;	(d) the categories of consumers at risk when using the product, in particular vulnerable consumers, such as children, older people and the disabled;

Amendment 7

Proposal for a regulation

Article 6 – paragraph 1 – point e


Text proposed by the Commission	Amendment
(e) 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.	(e) the appearance and characteristics of the product, its packaging and its presentation to purchasers, including any potentially misleading impression given that might lead persons to actions posing a risk to health and safety, in particular:
	(i) 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;
	(ii) where a product, although not designed for use by them, may attract children to exploring it, coming into contact with it and interacting with it because of its design and characteristics.

Amendment 8

Proposal for a regulation

Article 6 – paragraph 2 – point aa (new)


Text proposed by the Commission	Amendment
	(aa) reasonable consumer expectations concerning safety in terms of the nature, composition and intended use of the product;

(See amendment on Article 6, paragraph 2, point h. The text has been modified)

Amendment 9

Proposal for a regulation

Article 6 – paragraph 2 – point h


Text proposed by the Commission	Amendment
(h) reasonable consumer expectations concerning safety;	deleted

(See amendment on Article 6, paragraph 2, point aa (new))

Amendment 10

Proposal for a regulation

Article 7 – paragraph 1


Text proposed by the Commission	Amendment
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product.	1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product and of the materials used in it or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product.

Amendment 11

Proposal for a regulation

Article 8 – paragraph 6


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

Amendment 12

Proposal for a regulation

Article 8 – paragraph 9


Text proposed by the Commission	Amendment
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.	9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to warn consumers who are at risk as a consequence of the non-conformity of what immediate precautions they should take, and to withdraw or recall the product as appropriate. Furthermore, where the product is not safe, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.

Amendment 13

Proposal for a regulation

Article 9 – paragraph 2 – point a


Text proposed by the Commission	Amendment
(a) further to a request from a market surveillance authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;	(a) further to a request from a market surveillance authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product with the general safety requirement laid down in Article 4;

Amendment 14

Proposal for a regulation

Article 13


Text proposed by the Commission	Amendment
Article 13	deleted
Exemption from certain obligations of manufacturers, importers and distributors
1. Obligation to inform the market surveillance authorities in accordance with Article 8(9), Article 10(2) and (7) and Article 11(3) and (5) shall not apply where the following conditions are fulfilled:
(a) only a limited number of well-identified products are not safe;
(b) the manufacturer, importer or distributor can demonstrate that the risk has been fully controlled and cannot any more endanger the health and safety of persons;
(c) the cause of the risk of the product is such that knowledge of it does not represent useful information for the authorities or the public.
2. The Commission may by means of implementing acts determine the situations which meet the conditions of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(3).
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 determining the products, categories or groups of products for which, due to their low level of risk, the information referred to in Article 8(7) and Article 10(3) does not need to be indicated on the product itself.

Amendment 15

Proposal for a regulation

Article 15 – paragraph 3


Text proposed by the Commission	Amendment
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 20:	deleted
(a) determining the products, categories or groups of products susceptible to bear a serious risk to health and safety of persons as referred to in paragraph 1;
(b) specifying the data which economic operators shall collect and store by means of the traceability system referred to in paragraph 2.

Amendment 16

Proposal for a regulation

Article 20


Text proposed by the Commission	Amendment
Article 20	deleted
Exercise of the delegation
1. The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 13(3) and 15(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].
3. The delegation of power referred to in Articles 13(3) and 15(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.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Articles 13(3) and 15(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.

PROCEDURE

Title	Consumer product safety
References	COM(2013)0078 – C7-0042/2013 – 2013/0049(COD)
Committee responsible Date announced in plenary	IMCO 12.3.2013
Opinion by Date announced in plenary	JURI 12.3.2013
Rapporteur Date appointed	Jiří Maštálka 20.2.2013
Discussed in committee	8.7.2013
Date adopted	17.9.2013
Result of final vote	+: –: 0:	22 2 0
Members present for the final vote	Raffaele Baldassarre, Luigi Berlinguer, Sebastian Valentin Bodu, Françoise Castex, Christian Engström, Marielle Gallo, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Sajjad Karim, Klaus-Heiner Lehne, Antonio López-Istúriz White, Antonio Masip Hidalgo, Jiří Maštálka, Alajos Mészáros, Bernhard Rapkay, Evelyn Regner, Francesco Enrico Speroni, Dimitar Stoyanov, Alexandra Thein, Cecilia Wikström, Tadeusz Zwiefka
Substitute(s) present for the final vote	Eva Lichtenberger, Angelika Niebler, József Szájer, Axel Voss
Substitute(s) under Rule 187(2) present for the final vote	Olle Schmidt