CONTROL OF GOODS

Council Directive 92/59/EEC of 29 June 1992 on general product safety.

3) CONTENTS

1. Definitions of the concepts of "product", "safe product", "dangerous product", "producer", "distributor".

2. The Directive applies mainly to consumer products.

3. The provisions of the Directive apply in so far as there are no specific provisions in rules of Community law governing the safety of the products concerned.

4. A product is regarded as safe if it conforms to the specific Community provisions governing its safety. In the absence of such provisions, the product must conform to the specific national health and safety rules applicable before it can be marketed in the Member State in whose territory it is in circulation. In the absence of Community or national rules, the conformity of a product must be assessed having regard to:

• voluntary national standards giving effect to European standards;
• Community technical specifications;
• standards drawn up in the Member State in which the product is in circulation;
• codes of good practice in respect of health and safety in the sector concerned;
• the state of the art and technology.

5. The Member States must establish administrative infrastructures to enable hazardous or dangerous products to be identified so as to ensure compliance with the general safety requirement.

6. The Directive gives a non-restrictive list of measures which the Member States must be able to take in order to enforce compliance with the general safety requirement.

7. The Directive has a general saving clause which applies to consumer products which do not conform to the Community or national rules applicable, which could place the health and safety of consumers at risk but do not present a serious or immediate danger, and which are not yet covered by an equivalent procedure at Community level. Under this provision, any Member State may impose restrictions on the products in question, but must inform the Commission, which is then required to issue an opinion on the appropriateness of the measures taken.

8. In the case of a product which presents a serious and immediate risk extending beyond the territory of the Member State concerned, the Member State must notify the Commission that it has taken or is going to take emergency measures to restrict or prevent the marketing of that product. The Commission will check to see whether the product complies with the provisions of the Directive and will forward the information to the other Member States, which, in turn, must immediately inform the Commission of any measures they adopt to deal with the problem.

9. In certain circumstances, and in particular where the Member States differ on the measures to be taken and where the specific Community procedures prove inadequate to deal with the risk, the Directive provides for a Community procedure for the adoption of emergency measures. Under this procedure, the Commission, assisted by a Committee on Product Safety Emergencies, may decide to require the Member States to take identical measures within a certain time-limit with regard to the allegedly dangerous product.

10. Reasons must be given for any decision adopted under the Directive, and it may be challenged before the competent courts.

4) DEADLINE FOR IMPLEMENTATION OF THE LEGISLATION IN THE MEMBER STATES

29.06.1994

5) DATE OF ENTRY INTO FORCE (if different from the above)

6) REFERENCES

Official Journal L 228, 11.08.1992

7) FOLLOW-UP WORK

8) COMMISSION IMPLEMENTING MEASURES