Traduction de «rappel de l'opérateur » (Français → Anglais) :

46. Recalls that the option of re-municipalising water services should continue to be ensured in the future without any restriction, and may be kept under local management if so chosen by the competent public authorities; recalls that water is a basic human right that should be accessible and affordable to all; highlights that Member States have a duty to ensure that water is guaranteed to all regardless of the operator, while making sure that the operators provide safe drinking water and improved sanitation;

46. Notes the growing trend towards the re-municipalisation of water services in several Member States, including France and Germany; recalls that the option of re-municipalising water services should continue to be ensured in the future without any restriction, and may be kept under local management if so chosen by the competent public authorities; recalls that water is a basic human right that should be accessible and affordable to all; highlights that Member States have a duty to ensure that water is guaranteed to all regardless of the operator, while making sure that the operators provide safe drinking water and improved sanitatio ...[+++]n;

(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.

Simply stating that economic operators should take appropriate measures is not enough.

36 As was stated in paragraph 42 of the order under appeal, excusable error can concern only exceptional circumstances in which, in particular, the conduct of the institution concerned had been such as to give rise to a pardonable confusion in the mind of a party concerned acting in good faith and exercising all the diligence required of a normally experienced trader (Case C‑195/91 P Bayer v Commission[1994] ECR I‑5619, paragraphs 26 to 28).

In the case of TVI, the most recent operator to penetrate the Portuguese market, they pointed out that there had been steady progress and referred to the specific characteristics of the Portuguese market (production, advertising, etc.). As far as measures were concerned, the report stated that the competent authorities had drawn the attention of the operators concerned, in particular TVI, to the situation in the course of regular dialogue but did not intend to take action in view of the considerable progress made.