Decision 2004/418 - 2004/418/EC:Commission Decision of 29 April 2004 laying down guidelines for the management of the EC Rapid Information System (RAPEX) and for notifications presented in accordance with Article 11 of Directive 2001/95/EC - Main contents

official title

EN 30.4.2004 Official Journal of the European Union L 151/83

COMMISSION DECISION of 29 April 2004

laying down guidelines for the management of the Community Rapid Information System (RAPEX) and for notifications presented in accordance with Article 11 of Directive

2001/95/EC

(notified under document number C(2004) 1676)

(Text with EEA relevance)

(2004/418/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 third subparagraph of

paragraph 1 of Article 11 thereof,

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

Whereas:

• (1) 

  Directive 2001/9 5/EC establishes a Community Rapid Information System (RAPEX) for the rapid exchange of information between the Member States and the Commission on measures and actions relating to products posing a serious risk to the health and safety of consumers.

• (2) 

  The RAPEX helps to prevent the supply to consumers of products which pose a serious risk to their health and safety, facilitates the monitoring of the effectiveness and consistency of market surveillance and enforcement activities in the Member States, and provides a basis for identifying needs for action at Community level.

• (3) 

  The notification procedure under Article 11 of Directive 2001/9 5/EC provides for an exchange of information between the Member States and the Commission on measures and actions relating to dangerous products which do not present a serious risk to the health and safety of consumers.

• (4) 

  The effective operation of the notification procedures under Directive 2001/9 5/EC by the Commission and the competent authorities of the Member States requires consistent implementation of the relevant provisions of that Directive, in particular of the concept of serious risk and of risks the effects of which do not, or cannot, go beyond the territory of one Member State but which can be of interest for all Member States.

• (5) 

  In order to facilitate the operation of RAPEX and of the Article 11 notification procedure, the guidelines should include a standard notification form and criteria for the classification of notifications according to the degree of urgency. The guidelines should also define the operating arrangements including deadlines for the various steps of the notification procedures.

• (6) 

  The guidelines should be addressed to the national authorities designated as contact points in the RAPEX and in charge of the notification procedure under Article 11 of Directive 2001/95/EC. The Commission should use the guidelines as the reference document for managing RAPEX and the Article 11 notification procedure,

HAS ADOPTED THIS DECISION:

Article 1

The Commission hereby adopts guidelines to supplement Directive 2001/9 5/EC for the management of the Community Rapid Information System (RAPEX) and for notifications presented in accordance with Article 11 of that Directive.

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

Article 2

This Decision is addressed to the Member States. Done at Brussels, 29 April 2004.

For the Commission David BYRNE Member of the Commission

ANNEX

for the management of the Community Rapid Information System (RAPEX) and for notifications presented in accordance with Article

11 of Directive 2001/95/EC

TABLE OF CONTENTS

• 1. 

  Introduction

• 2. 

  General scope of RAPEX

• 3. 

  Criteria for identifying serious risk

• 4. 

  Contents of RAPEX notifications

• 5. 

  Deadlines for submission and circulation of RAPEX notifications

• 6. 

  Follow-up to RAPEX notifications

• 7. 

  Examination by the Commission of notifications

• 8. 

  Network for exchanges...

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