Commission Decision

of 14 December 2004

laying down guidelines for the notification of dangerous consumer products to the competent authorities of the Member States by producers and distributors, in accordance with Article 5(3) of Directive 2001/95/EC of the European Parliament and of the Council

(notified under document number C(2004) 4772)

(Text with EEA relevance)

(2004/905/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety [1], and in particular the second subparagraph of Article 5(3) thereof,

After consulting the Committee set up by Article 15 of Directive 2001/95/EC,

Whereas:

(1) Directive 2001/95/EC establishes in Article 5(3) that producers and distributors are to inform the competent authorities if they know or ought to know, on the basis of the information in their possession and as professionals, that a product they have placed on the market is dangerous according to the definitions and criteria of the Directive.

(2) Annex I(2) to Directive 2001/95/EC requires the Commission, assisted by a Committee of representatives of the Member States, to define the content and draw up the standard form for the notification concerning information on products that do not comply with the general safety requirements to be provided to the competent national authorities by producers and distributors, while ensuring the effectiveness and proper functioning of the notification system. In particular, the Commission has to put forward, possibly in the form of a guide, simple and clear criteria for determining the special conditions, particularly those concerning isolated circumstances or products, for which notification is not relevant.

(3) The obligation to inform the authorities about dangerous products is an important element for improved market surveillance as it enables the competent authorities to monitor whether the companies have taken appropriate measures to address the risks posed by a product already placed on the market and to order or take additional measures if necessary for avoiding risks.

(4) In order to prevent a disproportionate burden on producers, distributors and the competent authorities and to facilitate the effective application of this obligation it is appropriate to establish, in addition to a standard form, operational guidelines concerning the most relevant notification criteria as well as practical aspects of notification, which are put forward in particular in order to assist producers and distributors in the implementation of the provisions laid down in Article 5(3) of Directive 2001/95/EC,

HAS ADOPTED THIS DECISION:

Article 1

The Commission hereby adopts guidelines for the notification of dangerous consumer products by producers and distributors to the competent authorities of the Member States, in accordance with Article 5(3) of that Directive 2001/95/EC.

The guidelines are set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 14 December 2004.

For the Commission

Markos Kyprianou

Member of the Commission

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[1] OJ L 11, 15.1.2002, p. 4.

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