Commission Implementing Decision (EU) 2019/417 of 8 November 2018 laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on general product safety and its notification system (notified under document C(2018) 7334)
EU Decision 2019/417 · Adopted 8 November 2018 · Extends to United Kingdom
Commission Implementing Decision (EU) 2019/417
of 8 November 2018
laying down guidelines for the management of the European Union Rapid Information System ‘RAPEX’ established under Article 12 of Directive 2001/95/EC on general product safety and its notification system
(notified under document C(2018) 7334)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safetyf1, and in particular the third subparagraph of Article 11(1) and point 8 of Annex II thereof,
Having regard to Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008, setting out the requirements for accreditation and market surveillance on the marketing of products and repealing Regulation (EEC) No 339/93f2,
After consulting the Advisory Committee, set up by Article 15 of Directive 2001/95/EC,
Whereas:
(1)
Article 12 of Directive 2001/95/EC establishes a European Union Rapid Information System (‘RAPEX’) for the rapid exchange of information between the Member States and the Commission on measures and action taken on products posing a serious risk to the health and safety of consumers.
(2)
Point 8 of Annex II to Directive 2001/95/EC requires the guidelines to be regularly updated in the light of new developments and experience. Commission Decision 2010/15/EUf3 was the first and only update of the guidelines.
(3)
In view of new developments and in order to ensure more efficient and effective notification procedures in line with best practice, a further update of the guidelines is required.
(4)
Terminology and references have become obsolete as has the means of communication between the Commission and the Member States authorities and between the authorities themselves.
(5)
New tools that have been developed over the last years for the proper functioning of RAPEX (wiki's, interface between RAPEX and other market surveillance systems) have to be taken into consideration in the guidelines.
(6)
Criteria for the RAPEX notification, following the new developments, have become unclear and need to be clarified.
(7)
Cross-border online sales of goods have increased. This development needs to be reflected in the notification techniques as well as in the follow-up instruments to be used.
(8)
Regulation (EC) No 765/2008 extends the application of RAPEX provided for in Article 12 of Directive 2001/95/EC also to products covered by that legislation. Extending the application of RAPEX raises some issues that need to be clarified in the guidelines.
(9)
Regulation (EC) No 765/2008 applies to consumer products and to professional products such as some medical devices. That Regulation covers a broader scope of risks, other than those related to the health and safety of consumers, such as security and environmental risks. Therefore, a risk can concern not only consumers but also an indeterminate group of people referred to as ‘end-users’.
(10)
Article 22 of Regulation (EC) No 765/2008 provides therefore that measures taken against products presenting a serious risk to health and safety or other relevant public interests should be notified via RAPEX.
(11)
Directive 2001/95/EC and Regulation (EC) No 765/2008 are complementary and provide a system to improve the safety of non-food products.
(12)
RAPEX helps to prevent and restrict the supply of products posing a serious risk to health and safety or, in the case of products covered by Regulation (EC) No 765/2008, also to other relevant public interests. It enables the Commission to monitor the effectiveness and consistency of market surveillance and enforcement activities in the Member States.
(13)
RAPEX provides a basis for identifying the need for action at EU level and makes for consistent enforcement of EU product safety requirements and therefore contributes to the smooth functioning of the single market.
(14)
The notification procedure established under Article 11 of Directive 2001/95/EC provides for an exchange of information between the Member States and the Commission on measures adopted on products posing a less than serious risk to the health and safety of consumers. It helps to ensure a consistent, high level of consumer health and to preserve the single market.
(15)
Article 23 of Regulation (EC) No 765/2008 provides for an information support system where Member States make available to the Commission the information required by the same Article on products presenting a less than serious risk.
(16)
According to the applicable legislation, Member States are not obliged to provide such information in the RAPEX system.
(17)
Article 16 of the GPSD provides an obligation for Member States and the Commission to make available to the public information relating to risks to consumer health and safety posed by products.
(18)
To ensure a coherent system of information for products posing a risk to the health and safety of consumers or, in case of products covered by Regulation (EC) No 765/2008, also to other relevant public interests, it would be desirable that available information concerning dangerous products covered by Article 23 of Regulation (EC) No 765/2008 could also be made available in the RAPEX system.
(19)
In order to enable the functioning of the RAPEX system, guidelines should be drawn up on the various aspects of these notification procedures and, in particular, to establish the content of notifications. These should include the information to be contained in the notification, criteria for notifications involving risks that do not or cannot go beyond the territory of the Member State and criteria for the classification of notifications according to the degree of urgency. The guidelines should also lay down operating arrangements, including deadlines for the various steps of the notification and follow-up notification procedures as well as confidentiality rules.
(20)
To ensure that notification procedures are properly applied, the guidelines should also set out risk assessment methods with criteria for identifying risks taking into consideration also the management of risks.
(21)
In the light of point 2 in Annex II to Directive 2001/95/EC, the new guidelines include a set of risk assessment guidelines for consumer products and refer also to professional products, which specify the criteria for identifying serious risks.
(22)
The guidelines should be addressed to all Member States authorities participating in the RAPEX network pursuant to Directive 2001/95/EC and Regulation EC No 765/2008, including market surveillance authorities responsible for monitoring the compliance of products with safety requirements and authorities in charge of external border controls,
HAS ADOPTED THIS DECISION:
Annotations to the whole text
Footnotes
- f1
- f2
- f3
-
Commission Decision 2010/15/EU of 16 December 2009 laying down guidelines for the management of the Community Rapid Information System ‘RAPEX’ established under Article 12 and of the notification procedure established under Article 11 of Directive 2001/95/EC (the General Product Safety Directive) (OJ L 22, 26.1.2010, p. 1).
Contents
- 1Article 1
- 2Article 2
- 3Article 3
- Signature
- Annex
- GUIDELINES FOR THE MANAGEMENT OF THE EUROPEAN UNION RAPID INFORMATION SYSTEM ‘RAPEX’ ESTABLISHED UNDER ARTICLE 12 OF DIRECTIVE 2001/95/EC (THE GENERAL PRODUCT SAFETY DIRECTIVE) AND ITS NOTIFICATION SYSTEM
- SCOPE AND ADDRESSEES OF THE GUIDELINES
- Scope, objectives and update
- 1.1Scope
- 1.2Objectives
- 1.3Update
- 2Addressees of the Guidelines
- Products
- 3.1Products covered by these Guidelines
- 3.1.1Products covered by the GPSD
- 3.1.2Products covered by Regulation (EC) No 765/2008
- 3.2Products not covered by these Guidelines
- Measures
- 4.1Types of measures
- 4.2Categories of measures
- 4.3Requirements of the measures
- 4.4Exclusion of generally applicable compulsory measures
- Risk Levels
- 5.1Serious risk
- 5.2Less than serious risk
- 5.3Risk assessment method
- 5.4Assessing authority
- Cross-border effects
- 6.1International event
- 6.2Local event
- EU RAPID INFORMATION SYSTEM ‘RAPEX’ ESTABLISHED UNDER ARTICLE 12 OF THE GENERAL PRODUCT SAFETY DIRECTIVE
- Introduction
- 1.1Objectives of RAPEX
- 1.2Components of RAPEX
- 2Notification criteria
- 2.1Mandatory participation in RAPEX: Article 12 of the GPSD and Article 22 of Regulation (EC) No 765/2008
- 2.2Non-mandatory participation in RAPEX: Article 11 of the GPSD and Article 23 of Regulation (EC) No 765/2008
- Notifications
- Types of notification
- 3.1.1Notifications
- 3.1.2Notifications for information
- Content of notifications
- 3.2.1Scope of data
- 3.2.2Completeness of data
- 3.2.3Updating of data
- 3.2.4Responsibility for the information transmitted
- 3.3Actors and roles involved in the notification process
- 3.3.1Economic operators
- 3.3.2Member States authorities
- 3.3.3Authorities in charge of external border controls
- 3.3.4European Commission
- Workflow
- Creation of a notification
- 3.4.1.1By a national authority
- 3.4.1.2By the Commission
- 3.4.2Submission of notifications to the Commission
- 3.4.3Examination of notifications by the Commission
- 3.4.3.1Correctness
- 3.4.3.2Completeness
- 3.4.3.3Validation of notifications without a detailed risk assessment
- (a)Notifications of products posing chemical risks
- (b)Notifications of cosmetic products
- (c)Notification of other products
- 3.4.3.4Requests for additional information
- 3.4.3.5Investigation
- 3.4.4Validation and distribution of notifications
- Publication of notifications
- 3.4.5.1Disclosure of information as a general rule
- 3.4.5.2Exceptions to the general rule
- 3.4.5.3Requests for confidentiality
- 3.4.5.4Handling of notifications covered by confidentiality
- 3.4.5.5Withdrawal of request for confidentiality
- Follow-up to notifications
- 3.4.6.1Follow-up to the different types of notification
- 3.4.6.2Objectives of the follow-up activities
- 3.4.6.3Follow-up techniques
- (a)Checks on the market
- (b)Cooperation with business associations
- (c)Publication of RAPEX data via the internet or other electronic and paper media
- (d)Online checks
- Withdrawal/removal of notifications
- 3.4.7.1Permanent withdrawal of a notification from RAPEX
- 3.4.7.1.1Situations where withdrawal of a submitted or validated notification is possible
- 3.4.7.1.2Request for permanent or temporary withdrawal by Member States
- 3.4.7.1.3Content of the request for permanent or temporary withdrawal
- 3.4.7.1.4Decision to withdraw
- Temporary removal of a notification from the RAPEX website
- 3.4.7.2.1Situations where temporary removal is possible
- 3.4.7.2.2Request for temporary removal by Member States
- 3.4.7.2.3Content of the request for temporary removal
- 3.4.7.2.4Decision to remove
- 3.4.7.2.5Re-publishing of a notification temporarily removed
- 3.4.8Notifications older than ten years
- Timing and deadlines for notifications
- 3.5.1Timing of the notification
- (a)Compulsory measures
- (b)Voluntary measures
- 3.5.2Deadlines
- 3.5.3Emergency situations
- Follow-up activities
- 4.1Communication of follow-up activities
- Content of follow-up notifications
- 4.2.1Scope of data
- (a)A notified product has been found on the market
- (b)Different risk assessment
- (c)Additional information
- 4.2.2Completeness of follow-up notifications
- 4.2.3Updating of validated follow-up notifications
- 4.2.4Responsibility for follow-up notifications
- 4.2.5Response to follow-up notifications
- 4.3Actors and roles involved in follow-up activities
- 4.3.1Economic operators
- 4.3.2Market surveillance authorities
- 4.3.3European Commission
- Workflow
- 4.4.1Creation and submission of a follow-up notification by a Member State
- Examination of follow-up notifications by the Commission
- 4.4.2.1Correctness and completeness
- 4.4.2.2Requests for additional information
- 4.4.3Validation and distribution of follow-up notifications
- 4.4.4Permanent withdrawal of a follow-up notification from RAPEX
- 4.5Deadlines for submitting follow-up notifications
- 4.6Requests for confidentiality
- RAPEX networks
- 5.1RAPEX National Contact Points
- 5.1.1Organisation
- 5.1.2Tasks
- RAPEX networks established at EU and national levels
- 5.2.1The RAPEX Contact Point Network
- 5.2.2RAPEX networks established at national level
- RAPEX internal communication tools, practical and technical arrangements for RAPEX and best practice
- 5.3.1Languages
- RAPEX online tools
- (a)RAPEX system
- (b)‘Product Safety Business Alert Gateway’
- (c)Collaborative space
- (d)‘RAG tool’
- 5.3.3Contact details
- 5.3.4Operation of RAPEX outside regular working hours
- APPENDICES
- 1Fields and information included in notifications
- 2Fields and information included in follow-up notifications
- 3Notification scheme
- 4Deadlines for member states
- 5Deadlines for the Commission
- RISK ASSESSMENT GUIDELINES FOR CONSUMER PRODUCTS
- 1Introduction
- Risk assessment — an overview
- 2.1Risk — Combination of hazard and probability
- 2.2A risk assessment in three steps
- Some useful tips
- Seek information
- Make a sensitivity analysis of your risk assessment
- Let others check your risk assessment
- Document your risk assessment
- Several hazards, several injuries — but only one risk
- Can risks cumulate?
- Compliance with limit values in legislation and standards
- Specific risk assessment guidelines in specific cases
- 3Building a risk assessment step by step
- 3.1The product
- 3.2The product hazard
- Hazard identification by tests and standards
- Products may still present a risk even though they do not cause injuries
- 3.3The consumer
- 3.4Injury scenario: Steps leading to injury(ies)
- 3.5Severity of injury
- 3.6Probability of injury
- 3.7Determination of risk
- 4From risk to action: how to manage risk responsibly
- 5How to prepare a risk assessment — in brief
- 1Describe the product and its hazard.
- 2Identify the type of consumer you want to include in your injury scenario with the hazardous product.
- 3Describe an injury scenario in which the product hazard(s) you have selected causes an injury(ies) or adverse health effect(s) to the consumer you selected.
- 4Determine the severity of the injury.
- 5Determine the probability of the injury scenario.
- 6Determine the risk level.
- 7Check whether the risk level is plausible.
- 8Develop several injury scenarios to identify the highest risk of the product.
- 9Document and pass on your risk assessment.
- Examples
- 6.1Folding chair
- 6.2Socket protectors
- 6.3Sensitivity analysis
- Table 3Severity of injury
- Introduction
- Division
- Glossary of terms