Division 3.4.3.5 Investigation

Where necessary, the Commission may carry out an investigation to assess the safety of a product. This investigation may be conducted in particular where there are serious doubts as to the risks posed by the product notified via the RAPEX application. These doubts can either arise during the examination of a notification by the Commission, or be brought to the attention of the Commission by a Member State (e.g. through a follow-up notification) or by a third party (e.g. a producer).

As part of such investigations, the Commission may, in particular:

1. (a)

   ask any Member State to provide information or clarification;

2. (b)

   ask for an independent risk assessment and independent testing (laboratory or visual) of the product under investigation;

3. (c)

   consult the Scientific Committees, the Joint Research Centre or any other institution specialising in the safety of consumer products;

4. (d)

   convene the GPSD Committee, Consumer Safety Network and/or RAPEX Contact Points meetings, as well as consult the relevant Working Groups to discuss developments in an investigation.

Where an investigation concerns a product notified through the RAPEX application, the Commission may suspend validation of a notification or, where such a notification has already been validated and distributed through the RAPEX application, temporarily remove the overview published on the RAPEX website. After an investigation, and depending on the outcome, the Commission (after consulting the notifying Member State, where necessary) may in particular validate and distribute through the RAPEX application the previously suspended notification, uphold the validated notification in the RAPEX application (with any changes) or permanently withdraw the notification from RAPEX.

The Commission informs all Member States of the following:

1. (a)

   its decision to launch an investigation, clearly stating the reasons for its decision;

2. (b)

   its decision to close an investigation, presenting its conclusions and changes to the investigated notification(s) (if any);

3. (c)

   all the relevant developments during an investigation.