Consumer Protection08/03/04 / cata_european-union-news

The Directive reinforces previous EC rules and requires producers (or their representatives) to place only safe products on the market. Products covered are these meant for, or likely to be used by, consumers, except foodstuffs which are covered by separate rules, and the Directive defines a “safe product” as “any product which, under normal or reasonably foreseeable conditions of use […] does not present any risk or only the minimum risks compatible with the product’s use”.

Among other obligations, the Directive requires producers and distributors who have placed a product on the market to immediately inform the competent authorities of the relevant Member States if the product poses risks incompatible with the general safety requirement. Member States may, in consultation with producers and distributors, order the withdrawal, the recall or the ban of products which are considered dangerous. The Commission must be kept informed by the Member States of information they receive, and must circulate such information. The Commission, under certain circumstances, can decide to recall or ban products Community wide for a period of up to one year, renewable.

15 January 2004 was the deadline for the Member States to implement the Directive. Although these rules will become applicable to the Czech Republic only on 1st May 2004, the Rapid Information System, also called RAPEX, is already open to future EU Member States. Hence national authorities may report a domestic product event throughout the EU, via the Commission; they may also act domestically upon receiving information on a product from abroad.