European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on general product safety (14614/1/2000 – C5-0045/2001 — 2000/0073(COD))
Date: 2001-05-16
Institutions: European Parliament
Subjects: consumer information, consumer protection, environmental risk prevention, product safety, public health

C 34 E/214

Official Journal of the European Communities

EN

7.2.2002

Wednesday 16 May 2001

8. General product safety ***II

A5-0133/2001

European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on general product safety (14614/1/2000 (cid:129) C5-0045/2001 (cid:129)
2000/0073(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:129) having regard to the Council common position (14614/1/2000 (cid:129) C5-0045/2001) (1),

(cid:129) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 139) (3),

(cid:129) having regard to the Commission(cid:146)s amended proposal (COM(2001) 63),

(cid:129) having regard to Article 251(2) of the EC Treaty,

(cid:129) having regard to Rule 80 of its Rules of Procedure,

(cid:129) having regard to the recommendation for second reading of the Committee on the Environment,

Public Health and Consumer Policy (A5-0133/2001),

1.

2.

Amends the common position as follows;

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

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 1

(1) Under Article 16 of Council Directive 92/59/EEC of
29 June 1992 on general product safety, the Council was to
decide, four years after the date set for the implementation of
the said Directive, on the basis of a report of the Commission on
the experience acquired, together with appropriate proposals,
is necessary to
whether
to adjust Directive 92/59/EEC.
amend Directive 92/59/EEC in several respects,
in order to
complete, reinforce or clarify some of its provisions in the
light of experience as well as new and relevant developments
on consumer product safety, together with the changes made to
the Treaty, especially in Articles 152 concerning public health
and 153 concerning consumer protection, and in the light of
the precautionary principle. Directive 92/59/EEC should there-
fore be recast in the interest of clarity. This recasting leaves the
safety of services outside the scope of this Directive.

It

It

(1) Under Article 16 of Council Directive 92/59/EEC of
29 June 1992 on general product safety, the Council was to
decide, four years after the date set for the implementation of
the said Directive, on the basis of a Commission report on
the experience acquired, together with appropriate proposals,
is necessary to
whether to adjust Directive 92/59/EEC.
amend Directive 92/59/EEC in several respects,
in order to
complete, reinforce or clarify some of its provisions in the
light of experience as well as new and relevant developments
in consumer product safety, together with the changes made to
the Treaty, especially Article 152 concerning public health
and Article 153 concerning consumer protection, and in the
the precautionary principle. Directive 92/59/EEC
light of
should therefore be recast in the interest of clarity. This recast-
ing leaves the safety of services outside the scope of this Direc-
tive. The Commission should therefore identify the need,
possibilities and priorities for Community action on the
safety of services and liability of service providers, with a
view to presenting appropriate proposals.

(1) OJ C 93, 23.3.2001, p. 24.
(2)
(3) OJ C 337 E, 28.11.2000, p. 109.

(cid:145)Texts Adopted(cid:146), 15.11.2000, Item 4.

7.2.2002

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Official Journal of the European Communities

C 34 E/215

COUNCIL
COMMON POSITION

Wednesday 16 May 2001

AMENDMENTS
BY PARLIAMENT

Amendment 3
Article 3, paragraph 3a (new)

3a.
The conformity of a product with paragraph 2 or 3
may be proved by the producer by means of external cer-
tification.

Amendment 4
Article 4, paragraph 1, point (a)

(a)

the requirements intended to ensure that products which
conform to these standards satisfy the general
safety
requirement shall be determined in accordance with the
procedure laid down in Article 15(2);

(a)

the requirements intended to ensure that products which
conform to these standards satisfy the general
safety
requirement shall be determined in accordance with the
procedure laid down in Article 15(3);

Amendment 5
Article 4, paragraph 2, subparagraph 4

In the cases referred to in the second and third subparagraphs,
the Commission shall, on its own initiative or at the request of
a Member State, decide in accordance with the procedure laid
down in Article 15(2) whether the standard in question meets
the general safety requirement. The Commission shall decide to
publish or withdraw after consulting the Committee established
by Article 5 of Directive 98/34/EC. The Commission shall
notify the Member States of its decision.

In the cases referred to in the second and third subparagraphs,
the Commission shall, on its own initiative or at the request of
a Member State, decide in accordance with the procedure laid
down in Article 15(3) whether the standard in question meets
the general safety requirement. The Commission shall decide to
publish or withdraw after consulting the Committee established
by Article 5 of Directive 98/34/EC. The Commission shall
notify the Member States of its decision.

Amendment 7
Article 8, paragraph 2, subparagraph 1

The competent authorities of the Member States, when
2.
they take measures such as those provided for in paragraph 1,
in particular those referred to in (d) to (f), shall, in accordance
with the Treaty, and in particular Articles 28 and 30 thereof,
act in such a way as to implement the measures in a manner
proportional to the seriousness of the risk.

The competent authorities of the Member States, when
2.
they take measures such as those provided for in paragraph 1,
shall be guided by the precautionary principle. Moreover,
in particular in the case of the measures referred to in (d) to
(f), they shall, in accordance with the Treaty, and in particular
Articles 28 and 30 thereof, act in such a way as to implement
the measures in a manner proportional to the seriousness of
the risk.

Amendment 10
Article 14, paragraph 1

The measures necessary for the implementation of this
1.
Directive relating to the matters referred to below shall be adopted
in accordance with the regulatory procedure provided for in
Article 15(2):

The measures necessary for the implementation of this
1.
Directive as regards the decisions referred to in Article 13
requiring Member States to take measures as listed in
Article 8(1) (d) to (f) shall be adopted in accordance with the
regulatory procedure provided for in Article 15(2).

(a)

(b)

the measures
adopted by the European standardisation bodies;

referred to in Article 4 concerning standards

the decisions referred to in Article 13 requiring Member States to
take measures as listed in Article 8(1) (d) to (f).

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Official Journal of the European Communities

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7.2.2002

Wednesday 16 May 2001

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 11
Article 19a (new)

Article 19a

The Commission shall submit to the European Parliament
and the Council, before 1 January 2003, proposals con-
cerning the safety of services.

9.

International standards for ship safety ***II

A5-0140/2001

European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive amending Council Directive 95/21/EC concerning the
enforcement, in respect of shipping using Community ports and sailing in the waters under the
jurisdiction of the Member States, of international standards for ship safety, pollution prevention
and shipboard living and working conditions (port State control) (5179/1/2001 (cid:129) C5-0074/2001 (cid:129)
2000/0065(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:129) having regard to the Council common position (5179/1/2001 (cid:129) C5-0074/2001) (1),

(cid:129) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2000) 142) (3),

(cid:129) having regard to the Commission(cid:146)s amended proposal (COM(2000) 850),

(cid:129) having regard to Article 251(2) of the EC Treaty,

(cid:129) having regard to Rule 80 of its Rules of Procedure,

(cid:129) having regard to the recommendation for second reading of the Committee on Regional Policy, Trans-

port and Tourism (A5-0140/2001),

1.

2.

Amends the common position as follows;

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

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

Amendment 1
ARTICLE 1, POINT 7
Article 7b, paragraph 1, indents 4a and 4b (new) (Directive 95/21/EC)

or

(cid:129) from (cid:133) (*)

is not equipped with a voyage data
recorder as required by Community or international
maritime law,

(1) OJ C 101, 30.3.2001, p. 15.
(2)
(3) OJ C 212 E, 25.7.2000, p. 102.

(cid:145)Texts Adopted(cid:146), 30.11.2000, Item 5.