EU legislation: Product safety (consumer products)

Transcription

1 EU legislation: Product safety (consumer products) This document provides a brief outline on the EU product safety legislation, the related responsibilities for exporters of non-food products and the possible consequences derived from the enforcement of safety requirements. Subject Product Why Safety of consumer products Consumer products, according to Directive 2001/95/EC (excluding second hand products) To avoid health damage or safety threats to consumers. If you are an exporter of consumer products or non-food products intended or likely expected to be used by EU consumers, you have to make sure that your products comply with the safety legislation laid down in the EU. This legislation aims to protect consumers health and safety through requirements that guarantee that only safe products are marketed in the EU. It is important to realise that non-safe (dangerous) products will be rejected from the EU market. EU Legislation Directive 2001/95/EC (the General Product Safety Directive, GPSD) lays down general safety requirements that apply to all consumer products placed on the EU market, whether used, new or reconditioned. The GPSD does not apply to second-hand products supplied as antiques or as products to be repaired or reconditioned prior to being used. Products that are not safe or, in other words, products that pose a risk to EU consumers health and safety caused by dangerous substances or by their unsafe construction, are prohibited to be placed on the EU market. Specific product safety legislation For many product sectors specific safety legislation has been established (e.g. toys, chemicals, cosmetics and machinery). This type of legislation determines more detailed safety requirements specifically applying to the product sector of concern. Products subject to such specific safety legislation are subject to the GPSD only with regard to the aspects and risks not covered by the specific legislation. The box below provides two illustrations of the interaction between the GPSD and product specific legislation. Example 1: Electrical equipment Legislation: Directive 2006/95/EC on electrical equipment designed for use within certain voltage limits (the Low Voltage Directive ). Specifications: This Directive does not lay down an obligation to notify EU authorities in case dangerous electrical equipment products are brought into the EU market. The GPSD introduces this mandatory requirement and is in this respect complementary to the specific product Directive.

2 Example 2: Food imitating products Legislation: Directive 87/357/EEC on food imitating products. Specifications: It prohibits the EU marketing, import and manufacture of products that look like food products but that are not in fact edible. They could easily be confused with food products by their appearance, smell or packaging. This Directive establishes that EU authorities should be notified on the presence of these articles on the EU market. Thus: GPSD complements specific product safety legislation in cases where particular potential risks, hazards or procedures are not covered by that legislation. Products that fall under the scope of specific safety legislation are thus regulated by the GPSD as well. Safety requirements According to the GPSD a product is considered safe if: A. It complies with the EU safety requirements of the product in question. These requirements can be determined by both legislation concerning general product safety as well as product specific legislation laid down in other Directives. Furthermore, harmonised standards have been developed for several products under the framework of the GPSD. Harmonised standards Harmonised standards are voluntary European standards adopted by one of the EU standard bodies and relate to specific products and product categories (e.g. bicycles, child use and care articles, furniture, children s clothing). Exporters whose products have been manufactured in compliance with such standards prove to be in conformity with the essential requirements of the GPSD. However if you suspect that your product is not in compliance with the GPSD, that is, if you think your products might not be safe, you need to notify your EU buyer as soon as possible. For a summary of the EU harmonised standards check this document. B. In the absence of specific EU product requirements (A), the product complies with the specific national requirements of the EU Member State in which it is being marketed, or with the voluntary national standards which transpose the EU standards or legislation. For more information on specific national requirements and the voluntary national standards, search additional information for the country of your interest in the CBI database or contact the national standard body of the relevant EU Member State. C. In the absence of specific EU product requirements (A) and national requirements or voluntary standards transposing EU standards or legislation (B), the product s compliance is determined according: EU Commission recommendations setting guidelines on product safety assessment; Product safety and health codes of good practice acknowledged by the sector of industry in the EU (e.g. private labelling); Current state of the art and technology; Consumers safety expectations. For more information on the GSPD, check the website of the European Commission. Responsibilities of manufacturers and exporters Market players are expected to take the necessary measures to guarantee the safety of products; however the ultimate responsibility lies with the party who places the product on the EU market (EU producer, importer or retailer). Under the GPSD, this party has the responsibility to immediately inform the relevant authorities of the applicable EU Member State(s), when they find out that a product put on their market is not safe. Unsafe or faulty products that do not comply with the EU legislation can be recalled, which can result in damaging the image of the EU producer, company, sector, and/or country involved. A damaged

3 image may cause decrease in sales and business share on the EU market of the distributing company. It is expected from producers in developing countries to inform their EU buyer when they suspect a product s non-compliance. Therefore, to have a good knowledge of the requirements of the GPSD and to comply with them is a pre-requisite when exporting to the EU. How to prove compliance? To make sure that your EU buyer will obtain only safe products from you, it is likely that he/she will want to be guaranteed that safety measures are taken through the whole supply chain of your product. To be able to show that you have taken the appropriate safety measures, it can be helpful to implement a management system or certain code of conduct in your business. Please note that it can be difficult and costly to implement such a system in your business, especially if your providers are small local providers who are not used to supply their products according to EU norms. Before you develop and set up your company with a specific monitoring system, it is recommended to have a look at existing initiatives which can help you. To find out which requirements or codes apply to the sector of your business you can type in the words management system or code of conduct in the box SEARCH BY KEYWORD in the CBI database. Alternatively, you can contact your EU buyer. Enforcement of the GPSD in the EU EU authorities must be immediately notified when it is presumed that health risks deriving from non-food consumer products on the EU market exist. Such information can be acquired by official controls (e.g. at the EU s border posts), consumer complaints, companies own health checks, media pressure or third country alerts. Alerts in one EU Member State are immediately communicated throughout the whole EU through the European Rapid Alert System (RAPEX). Subsequently, all national inspection authorities will take the appropriate measures to keep or take away unsafe products from the national markets through the following measures. Product withdrawal: The unsafe product is detected once it has already been put in the EU and it is immediately removed from it. Product recall: A request to return to the producer a batch or an entire production run of a product. Possible consumer compensations are involved. Sales ban: Product border prohibition to access the EU market for safety reasons. Penalty: Economic sanction depending on the product s non-compliance extent. For you, as an exporter in a developing country, it is important to be up-to-date with any information regarding the EU actions related to unsafe products. It is recommended to analyse the cases which concern your sector and specific product line. Apply the lessons learned to minimise the presence of unsafe products. Consequently, it may help you to minimise the risk of defective products and product liability (consumer injuries caused by defective products). Supply chain management Please note that your company is also part of a supply chain and therefore your EU buyer might set requirements related to his supply chain management. You might have to pass on some requirements to your supplier as well, in order to fulfil the requirements of the EU markets. For more information on supply chain management and how it can help you to comply with your EU buyers requirements, refer to the related document. Related documents Please find below an overview of other legislative and non-legislative requirements that are of relevance. Some of the requirements are shortly highlighted in this document. More details however, can be found in the CBI database under the following document titles:

4 Legislation: EU legislation: Liability for defective products EU legislation: Non-compliance with product safety legislation (non-food product cases) EU legislation: Safety of non-edible products that look like food (food-imitating products) EU legislation on CE-marking: Low Voltage Equipment Non-legislation: EU buyer s requirements: Supply chain management Last updated: March 2012 This document was compiled for CBI by CREM B.V. Disclaimer CBI market information tools:

5 For CMS Active Revision date (standard 1 year, unless changes are expected at earlier date) Summary (IMPORTANT: the first lines must highlight the application and for which CBI sector is important. Not mention specific Directives numbers) NEW document? (yes / no) If Yes, `new icon is presented Changes in document s title? Old title: Type of document (leave only the correct option) Information type (leave only the correct option) Number of pages (number of pages of the text that will be uploaded) Ranking EU legislation: 30 Transpositions: 40 National leg (aanvullend): 35 Related markets (list all export markets for which relevant). EU and/or national, and/or Norway Sources and comments (NEW: Give a short description of the work done) Always Yes (unless document should not be shown from the moment it is uploaded in the database) March 2013 If you want to export consumer products to the EU, you have to make sure that they are safe. The EU has laid down strict safety requirements generally applying to all consumer products to ensure the health and safety of EU consumers. This document provides information on the product safety requirements, as well as the subsequent responsibilities and consequences for exporters from developing countries. Furthermore, recommendations are given to ensure compliance of this legislation. NO no Simple update Legislation 4 30 EU Uitvoerder: Marijn Agriculture, fishery and forestry Cut flowers and foliage Fishery products Food ingredients Summer flowers Tropical flowers Traditional flowers Foliage Fresh, chilled or frozen fish and fish fillets Fresh, chilled or frozen crustaceans and cephalopods Prepared or preserved fish Coffee Tea Cocoa (inc. Cocoa butter, oil and fat) Preserved fruit and vegetables and edible nuts Spices and herbs

6 Fresh fruit and vegetables Natural ingredients for cosmetics Natural ingredients for pharmaceuticals Timber Wine Conventional oils - niche markets (palm, sunflower, cocos - focus on virgin, organic, fair trade) Specialty oils (peanut, mais, sesame, sheabutter, mango butter, rich omega 3 oils) Olive oil (focus on organic etc) Oil seeds Tropical fruit Off-season fruit Exotic fruit Fresh vegetables Vegetable derived oils, fats and waxes Essential oils and oleoresins Botanicals for cosmetics Medicinal and aromatic plants Saps and extracts for pharmaceuticals Tropical sawn wood Tropical building materials Tropical garden articles Wine Consumer Domestic furniture Non-upholstered furniture Apparel Home decoration Home and furnishing textiles Jewellery Office and school supplies Dining and living room furniture Kitchen furniture Bedroom furniture Furniture parts Bodywear Knitted and woven clothing Sports clothing Babies clothing Candles Woodware Wickerwork Ceramics and porcelain Metalware Cutlery Household textiles Furnishing textiles Costume jewellery Silver Paper-based items

7 Filing and storage products Writing and drawing instruments Carrying products Industrial Automotive parts and Automotive parts and components components + equipment Agricultural machinery Pipes and process equipment Electronic components Engineering products Medical devices and disposables Personal protective equipment Paints & other coatings Parts for construction equipment Process instruments Process equipment Metal pipes and fittings Plastic pipes and fittings Pumps Valves Embedded Systems Power electronic components Electronic Manufacturing Services (EMS) Drives and transmissions Electric motors Handling equipment and systems Hydraulics Tooling, dies and moulds Medical disposables Medical devices Safety footwear Workwear Coatings Coating resins Services BPO Call centres Digitisation Web services Human Resources Accounting services Engineering services ITO Finance and banking services CRM software CMS software HRM software

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