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Ordinance On Notification, Cooperation And Coordination With Respect To Consumer Products Between Producers, Distributors And Inspection Authorities And On The Application Of The Community System For The Rapid Exchange Of Information

Original Language Title: Bekendtgørelse om underretning, samarbejde og koordination for så vidt angår forbrugerprodukter mellem producenter, distributører og kontrolmyndigheder og om anvendelse af fællesskabssystemet for hurtig udveksling af oplysninger

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Table of Contents
Chapter 1 Producers and distributors ' notification to the control authorities
Chapter 2 Cooperation between producers, distributors and control authorities
Chapter 3 Coordination between inspection authorities
Chapter 4 Working with the Community system for quick exchange of information (RAPEX)
Chapter 5 Entry into force into force

Confescation of information, cooperation and coordination with regard to consumer products between producers, distributors and control authorities and the application of the Community system for the rapid exchange of information 1)

In accordance with section 11 (4), 2, section 12 (2). 2, section 32 (3). Article 33 (2) and section 33 (2). Three, in the law. 1262 of 12. In December 2009, on product safety, after authorisation and after negotiation with the Ministry of the Environment, Ministry of Employment, the Ministry of Transport, the Ministry of Economic and Interior and Ministry of Food, Agriculture and Fisheries shall be :

Chapter 1

Producers and distributors ' notification to the control authorities

§ 1. A manufacturer or a distributor who knows that a product subject to the provisions of the product safety law and made available to the market does not comply with the requirement of section 5 of the Product Safety Act immediately ; the inspection authority and of the measures taken to avoid risks, cf. Article 11 (1) of the product safety law. 1.

Paragraph 2. In any event, the inspection authority shall be informed within 10 days of receipt of information regarding any potentially hazardous product. Where there is a serious risk, the inspection authority shall be informed immediately and, in any case, within three days of receipt of information to the Commission on which notification is required.

Paragraph 3. Where a producer or a distributor takes immediate action, the control authority shall be informed forthwith.

Paragraph 4. Producers and distributors shall communicate to the inspection authority if they become aware of a potential problem, so that it may be discussed whether a notice should be submitted.

§ 2. Notify of the inspection authority, cf. Section 1 shall include the following :

1) Name and address of the consignor of the notification and a description of the role of consignor in connection with the marketing of the product.

2) Information that makes it possible to identify the dangerous product, including photographs, identifying mark, model, number, or similar identification.

3) Information about the risks inherent in the product, including details of any accidents caused by the product, and the outcome of any risk assessment carried out by the consignor of the notification.

4) Information on the measures, including warning of the risk, modification, revocation or withdrawal of the product, or planned to be implemented to reduce or eliminate the risk to consumers.

5) Information on whether the product has been acquired by or sold to an operator in another Member State of the European Union.

6) Information about who is responsible for the implementation of the measures.

7) The name of the control authority that is a recipient of the notification.

Paragraph 2. The notification may be made electronically by filling in forms for notification of dangerous products to the inspection authority (GPSD-Business Application) which can be found at www.sik.dk or by contacting the Security Agency.

§ 3. In the face of a serious risk requiring the immediate intervention of the supervisory authority, the information notified pursuant to Article 2 shall include an indication of the undertakings which have been part of the marketing of : the product. An estimate must be given to the number of products available to other operators and consumers respectively.

Paragraph 2. Provided that it is not possible for producers and distributors to obtain the information referred to in paragraph 1, 1 in the same period as the information specified in section 2, shall first be subject to section 2, indicating when notification is to be signed pursuant to paragraph 1. One follows.

§ 4. Information on dangerous products, the nature of risk, measures taken, as well as on how consumers are to be dealt with, will be published in accordance with the section 29 of the product safety law.

Chapter 2

Cooperation between producers, distributors and control authorities

§ 5. Producers, distributors and control authorities shall cooperate in order to take the necessary measures to prevent the occurrence of danger arising from the delivery of the products, cf. the section 12 of the product safety law.

§ 6. The cooperation may relate to the nature of the measures to prevent or limit the risks of products supplied or supplied by them. Cooperation may include, in particular, the preparation of security instructions, advertising, source and notification of customers.

Paragraph 2. The cooperation may also relate to the assessment by the supervisory authority of the conformity of products in accordance with the legislation.

Chapter 3

Coordination between inspection authorities

§ 7. The Management Board shall coordinate cooperation between the inspection authorities, cf. Article 32 (3) of the product safety law. 1.

§ 8. When a supervisory authority not the Security Council has taken measures pursuant to section 19 or section 28 of the product safety law or a notification from a producer or distributor, on measures taken by this Directive or in accordance with the provisions of Article 9 of the Product Safety Act, it shall forthwith inform the Security Council.

Paragraph 2. The notification shall contain the following :

1) Information about who is responsible for the implementation of the measures.

2) Information that makes it possible to identify the product, including photographs, identifying mark, model, number, or similar identification.

3) Information on the risks of the product, including details of any incidents or accidents caused by the product, and the outcome of a possible risk assessment carried out by the inspection authority, the producer, or the distributor.

4) Information on the actions undertaken or planned in order to reduce or eliminate the risk to consumers.

§ 9. When a case is handed over to the police with a view to investigation or on the subject of indictment, the inspection authority shall, in accordance with. Section 8, notify Homeland Security.

§ 10. Where doubts arise as to who is the right control authority in relation to a specific product or product category, the Security Management Board or the inspection authority respectively, cf. section 8, contact with the other party, in order to clarify who is the correct control authority.

Paragraph 2. The Minister for Economic and Business Affairs may, having negotiated, have been negotiated, cf. paragraph 1, transfer powers pursuant to the product safety law to another authority by the notice, cf. Article 15 (3) of the product safety law. 2.

Chapter 4

Working with the Community system for quick exchange of information (RAPEX)

§ 11. The Danish RAPEX contact point shall be reported by the Danish RAPEX contact point, information on dangerous products to the European Commission. Report is done via the Community system for the rapid exchange of information (RAPEX).

Products that constitute a serious risk, cf. the product safety directive Article 12,

§ 12. When a supervisory authority pursuant to section 8 has informed the Security Agency that it has taken a decision pursuant to section 19 or section 28 of the product safety law, in order to influence or limit the possibility of a dangerous product, that constitute a serious risk, made available on the market, or the Security Agency itself has taken such a decision, shall inform the European Commission without delay via the RAPEX by the Security Agency.

Paragraph 2. Where the product poses a serious risk, the information referred to in paragraph 1 shall be subject to notification. 1 may also occur in situations where the producer or the distributor voluntarily, without the inspection authority, issued an opening or a ban, has taken the measures necessary to prevent injury from the product.

Paragraph 3. If the inspection authority decides to amend or repeal a decision pursuant to paragraph 1, 1, the European Commission shall be informed by the RAPEX.

Products that pose a risk that is not severe, cf. the product safety directive Article 11,

§ 13. When a supervisory authority pursuant to section 8 has informed the Security Agency that it has taken a decision pursuant to section 19 or section 28 of the Product Safety Act, in order to influence or restrict the possibility of a dangerous product which, which does not constitute a serious risk, shall be made available on the market, or the Security Agency itself has taken such a decision, shall inform the Commission of the European Commission accordingly, cf. however, paragraph 1 2.

Paragraph 2. If the risk that has led to a decision taken on the matter only may arise in Denmark, the European Commission shall be informed only if a new type of risk is present in the most important.

Paragraph 3. If the producer or distributor has voluntarily taken the measures necessary to prevent injury from causing harm, no notification shall be made under paragraph 1. 1.

Chapter 5

Entry into force into force

§ 14. The announcement will enter into force on the 20th. March 2012.

Paragraph 2. Publication no. 1037 of 8. December 2003 on the coordination of the administration of the product safety law shall be repealed.

Homeland Security, the 16s. March 2012

Carsten Searich

/ Anders Greenbech Jørgensen

Official notes

1) The announcement contains provisions that partially implement the Directive 2001 /95EC of the European Parliament and of the Council of 3. December 2001 on product safety in general, of the Official Journal of the European Communities, L 11, page 4.