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Stefano Soro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

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Page 1: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Stefano SoroEuropean CommissionHealth and Consumer Protection DG

OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Page 2: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Objectives:

Important element of the market surveillance

Enable the competent authorities of the Member States to:- provide assistance- monitor measures adopted by economic operators- assess whether other similar product should be subject to controls

RAPEX system

Page 3: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Legal base:

General Product Safety Directive 2001/95/EC- Article 5 (3)- Annex I

Guidelines for the notification of dangerous products to the national authorities of the Member States by producers and distributors.

Page 4: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Consumer product No specific similar obligation in the

Community legislation Product is on the market Economic operator has an evidence that the

product is dangerous Risks are such that the product cannot remain

on the market and preventive actions should be taken

Notification criteria:

Page 5: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Important aspects - WHO? :

Obligation applies to producers and distributors:

- the manufacturer of the product when he is established in the EU,

- the manufacturer’s representative if the manufacturer is not established in the EU,

- importer if there is no manufacturer’s representative established in the EU,

- other professionals in the supply chain…

Page 6: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Important aspects - WHAT? :

Data transmitted – details of:

- authorities and companies receiving the form- producer/distributor submitting the form- product involved- risks posed by the product- actions taken to eliminate the risks- other companies in the supply chain holding

affected products

Page 7: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Important aspects – HOW? :

Cooperation between economic operatorsand the national authorities of the MemberStates based on TRUST.

Page 8: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Business Application:

Objective: - To simplify the practical application of the

economic operators’ obligation to notify dangerous product

Cooperation with stakeholders: - Consultations with business and the national

authorities of the Member States

Page 9: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

Business Application:

The state of play:

In production February 2007 Information on the Commission’s website!

Page 10: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

!CHECK OUR WEBSITE!

Page 11: S tefano S oro European Commission Health and Consumer Protection DG OBLIGATION OF PRODUCERS AND DISTRIBUTORS TO NOTIFY DANGEROUS PRODUCTS

THANK YOU VERY MUCH FOR YOUR ATTENTION.

Stefano SoroHead of Unit

Product and Service SafetyHealth and Consumer Protection Directorate General

European CommissionOffice B232 06/116, 1049 Brussels, Belgium

[email protected]+ 32.2.296.75.43+32.2.299.18.58