During the adoption of the report by Nicola Danti (S&D, Italy) on Monday 3 September (see EUROPE 12087), MEPs at the internal market and consumer protection committee (IMCO) beefed up certain provisions planned by the European Commission in the regulation for ensuring the respect and application of the Union’s product compliance legislation.
Several major changes were therefore introduced through the compromise amendments. Firstly, MEPs amended the role of the person responsible for product conformity information, namely, the reference person in a third country company marketing a product on European territory. In this connection, the Commission suggested a contact facilitation mechanism (see EUROPE 11929). MEPs would like this person to be responsible for the task of following up the risks relating to a given marketed product.
MEPs also scrapped article 7 on the partnership agreements between market surveillance authorities and economic operators, in an effort to prevent possible conflicts of interest, such as those that occurred in the Dieselgate affair. MEPs also strengthened and extended the power of the market surveillance authorities (article 14) so that they are able to close down certain Internet websites following a decision by a local authority.
Another development involves the introduction by the MEPs of a peer review mechanism that would allow the national market surveillance authorities to inspect another national authority in order to ensure that the same level of control applies throughout European territory. The objective is to prevent companies being allowed to choose the member state where inspections are less demanding.
MEPs also extended the regulation's scope to products that are vulnerable to counterfeiting. They also increased the number of tasks incumbent on the Union Product Compliance Network. The project for creating a conformity database as proposed by Mr Danti, which would contain the contact details of the person responsible for compliance, was not retained. The Commission proposal to make the publication of an “EU” conformity declaration compulsory to the public on a website was retained.
The MEP's are now waiting for the Council to establish a general approach. The national delegations are going to have a hard time with the text but the Council of the EU is hoping to reach an agreement under its current mandate. (Original version in French by Pascal Hansens)