The committee adopted the report by Laura GONZÁLEZ ÁLVAREZ (EUL/NGL, E)
amending the directive under the codecision procedure (first reading). While
broadly welcoming the proposal, the committee felt that a number of its
provisions needed to be reinforced or clarified. For example, it wanted to
introduce a reference to the precautionary principle so that the competent
authorities could take the necessary measures to prevent serious risks, even
in the absence of final and complete scientific evidence. It also felt that
the Member States' obligations regarding the withdrawal or recall of
dangerous products and the issue of warnings to consumers should not be made
contingent on measures taken by producers and distributors. The obligations
of producers and distributors, on the other hand, should not be confined to
information and recall; instead, they should also be responsible for
compensating any damage caused. The committee also tightened up the consumer
information requirements, calling for warnings affixed to products to be
worded clearly, comprehensively and in the language of the country where
they were placed on the market. In addition, it tightened up the obligation
on the Commission and the Member States to establish the proposed European
Product Safety Network, within a year of the transposition of the directive.
However, the committee felt that the provisions of the directive should not
apply to second-hand goods sold in street markets, car-boot sales, charity
shops and other informal second-hand sales outlets. It pointed out that the
latter would not always be able to provide information and documentation on
product risks and product origin. If charity shops, for example, were unable
to operate, this would cause great damage to charities, particularly in the
UK and Ireland. However, the committee felt that the general principle of
availability of information for consumers should be observed, in accordance
with the principle of transparency.