Decision 2010/15 - 2010/15/: Commission Decision of 16 December 2009 laying down guidelines for the management of the EC 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) (notified under document C(2009) 9843) - Main contents
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official title
2010/15/: Commission Decision 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) (notified under document C(2009) 9843)| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2010/15 |
| CELEX number i | 32010D0015 |
| Document | 16-12-2009 |
|---|---|
| Publication in Official Journal | 26-01-2010; OJ L 22, 26.1.2010,Special edition in Croatian: Chapter 15 Volume 023 |
| Effect | 18-12-2009; Takes effect Date notif. |
| End of validity | 11-11-2018; Repealed by 32019D0417 |
| Notification | 18-12-2009 |
26.1.2010 |
EN |
Official Journal of the European Union |
L 22/1 |
COMMISSION DECISION
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)
(notified under document C(2009) 9843)
(2010/15/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on European Union and 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 safety (1), and in particular the third subparagraph of Article 11(1) and point 8 of Annex II thereof,
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 Community Rapid Information System ‘RAPEX’ for the rapid exchange of information between the Member States and the Commission on measures and action taken in relation to products posing a serious risk to the health and safety of consumers. |
(2) |
RAPEX helps to prevent and restrict the supply of products posing a serious risk to consumer health and safety, and facilitates the monitoring of the effectiveness and consistency of market surveillance and enforcement activities in the Member States. It provides a basis for identifying the need for action at Community level and makes for consistent enforcement of EC product safety requirements and hence the smooth functioning of the internal market. |
(3) |
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 in relation to products posing a non-serious risk to the health and safety of consumers. |
(4) |
Notifications submitted under Article 11 of Directive 2001/95/EC help to ensure a consistent, high level of consumer health and to preserve the unity of the internal market. |
(5) |
In order to facilitate the operation of RAPEX and the notification procedure under Article 11 of Directive 2001/95/EC, the Commission should draw up guidelines to regulate various aspects of these notification procedures and, in particular, to establish the content of notifications. These should include a standard notification form, 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 procedures. |
(6) |
To ensure that RAPEX and notification procedure under Article 11 of Directive 2001/95/EC are properly applied, the guidelines should also set out a risk assessment method and, in particular, specific criteria for identifying serious risks. |
(7) |
On 29 April 2004, the Commission adopted Decision 2004/418/EC 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 (2). Point 8 of Annex II to Directive 2001/95/EC and Chapter 1.2 of the guidelines set out in the Annex to Decision 2004/418/EC require the guidelines to be regularly updated in the light of new developments and experience. |
(8) |
In the fifth year since the adoption of Decision 2004/418/EC, the total number of notifications submitted under RAPEX and the notification procedure under Article 11 of Directive 2001/95/EC has quadrupled and is still growing. Market surveillance authorities have enhanced their enforcement actions (including... |
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