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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Overview (table of contents)



Chapter 1



Producers and distributors under the direction of supervisory authorities





Chapter 2



Cooperation between producers, distributors and inspection authorities





Chapter 3



Coordination between supervisory authorities





Chapter 4



Use of the Community system for the rapid exchange of information (RAPEX)





Chapter 5



Date of entry into force provisions



The full text of the 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 Data1)

Pursuant to section 11, paragraph 2, article 12, paragraph 2, article 32, paragraph 2, and section 33, paragraph 3, of law No. 1262 of 12. December 2009 on product safety, under the authority and after negotiation with the Ministry of environment, Ministry of employment, the Ministry of Transport, Economy and the Ministry of the Interior and the Ministry of food, agriculture and fisheries are fixed: Chapter 1 Manufacturers and distributors under the direction of supervisory authorities section 1. A producer or a distributor who knows that a product covered by the product safety law and which he has made available on the market do not meet the requirement in the product safety Act section 5, shall inform the inspection authority thereof and of the measures taken in order to avoid risks, see. Product Safety Act section 11, paragraph 1.

(2). The inspection authority shall in all cases be informed no later than ten days after that received information about a possible dangerous product. In the case of a serious risk, the competent control authority shall be informed without delay and in any event not later than three days after the received information that must be submitted.

(3). When a producer or a distributor shall take an immediate measure, the inspection authority shall immediately be informed accordingly.

(4). Producers and distributors must contact the inspection authority, if they become aware of a potential problem, so it can be discussed whether a message should be submitted.

§ 2. Under the direction of the inspection authority, see. § 1, shall contain the following: 1) name and address of the sender of the notification, as well as a description of the role of the sender in connection with product marketing.

2) Information, which makes it possible to identify the dangerous product, including photos, specifying the make, model, or similar identification number indication.

3) information about the risks of the product, including details of any accidents caused by the product, as well as on the outcome of a risk assessment carried out by the sender of the notification.

4) information on the measures, including warning about the risk, amendment, revocation or withdrawal of the product, or planned to reduce or eliminate the risk to consumers.

5) indication of whether the product is acquired from or sold to a trader in another Member State of the European Union.

6) Information about who is responsible for the measures to be implemented.

7) the name of the inspection authority, who is the recipient of the notification.

(2). The notification may be done electronically by filling out the form for the notification of dangerous products to the inspection authority (GPSD Business Application) that can be found on www.sik.dk or by contacting the Danish safety technology authority.

§ 3. When there is a serious risk that requires immediate intervention, control authority notification, in addition to the information provided pursuant to section (2), contain an indication of the companies that have been a part of the marketing of the product. You must specify an estimate of how many products available with respectively other operators and consumers.

(2). Where it is not possible for manufacturers and distributors to obtain the information referred to in paragraph 1 within the same period for which the information specified in paragraph 2, shall only be done under the direction under section 2, with an indication of when the notification pursuant to paragraph 1 follows.

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

Chapter 2 Cooperation between producers, distributors and inspection authorities § 5. Manufacturers, distributors and control authorities to take the necessary measures to prevent risks arising from the delivered products, see. Product Safety Act section 12, paragraph 1.

§ 6. Cooperation may relate to the nature of the measures that can prevent or reduce the risks associated with products that are delivered or which is intended to be delivered. Cooperation can also concern including preparation of safety instructions, advertising, signage and the provision of information to customers.

(2). Cooperation may also relate to the control authority's assessment of the products in accordance with the law.

Chapter 3 Coordination between supervisory authorities section 7. Security Agency coordinate cooperation between control authorities, see. Product Safety Act section 32 (1).

§ 8. When an inspector who is not a Security Agency, have taken measures in accordance with section 19-product safety section 22 or section 28, or has received notification from a manufacturer or distributor, on the measures it has taken in pursuance of § 9 product safety, it shall inform without delay the Danish safety technology authority to that effect.

(2). The notification shall contain the following: 1) Information about who is responsible for the measures to be implemented.

2) Information, which makes it possible to identify the product, including photos, specifying the make, model, or similar identification number indication.

3) information about the risks of the product, including details of any incidents or accidents caused by the product, as well as on the outcome of a risk assessment carried out by the inspection authority, respectively, by the producer or Distributor.

4) be informed of the measures taken, or as planned in order to reduce or eliminate the risk to consumers.

§ 9. When a case is handed over to the police for the purposes of an investigation or prosecution, the control authority, of the basic regulation. section 8, notify the safety agency.

§ 10. If there is doubt about who is the right control authority in relation to a specific product or product category, take respectively the Danish safety technology authority or inspection authority, see. § 8, contact to the other party, with the aim of clarifying who is proper supervisory authority.

(2). The Minister for economic and business affairs may, after finishing the debate, see. (1) transfer of powers by virtue of product safety law to another authority by executive order, see. product safety section 15, paragraph 2.

Chapter 4 use of the Community system for the rapid exchange of information (RAPEX) section 11. The Security Agency shall report, as the Danish RAPEX contact point, information on dangerous products to the European Commission. Reporting is done via the Community system for the rapid exchange of information (RAPEX).

Products presenting a serious risk, in accordance with article 3. product safety directive article 12



§ 12. When a control authority under section 8 have indicated opposite the Danish safety technology authority, that it has taken a decision pursuant to section 19 of the Act product safety – section 22 or section 28, in order to influence or restrict the possibility of a dangerous product that presents a serious risk, made available on the market, or the Danish safety technology authority itself has taken such a decision, it shall inform without delay the European Commission the Danish safety technology authority thereof through RAPEX.

(2). When the product poses a serious risk, it shall alert as described in paragraph 1 also occur in situations where the producer or distributor voluntarily, without inspection authority has issued an injunction or a ban, has taken the measures necessary to avoid that the product causes injury.

(3). If the Inspector decides to change or revoke a decision under paragraph 1, the European Commission must be notified through RAPEX.

Products presenting a risk that is not serious, jf. product safety directive Article 11



§ 13. When a control authority under section 8 have indicated opposite the Danish safety technology authority, that it has taken a decision pursuant to section 19 of the Act product safety – section 22 or section 28, in order to influence or restrict the possibility of a dangerous product that does not pose a serious risk, made available on the market, or the Danish safety technology authority itself has taken such a decision, it shall inform the European Commission thereof the Danish safety technology authority, see. However, paragraph 2.

(2). If the risk has led to a decision in the case, only can occur in Denmark, the European Commission must be notified only if there is a new type of risk, which in the main is unknown.

(3). If the producer or distributor has voluntarily taken the measures necessary to avoid that the product causes injury, must not happen under the direction pursuant to paragraph 1.

Chapter 5 the effective provisions of § 14. The notice shall enter into force on the 20. March 2012.

(2). Executive Order No. 1037 of 8. December 2003 on coordination by the administration of the product safety act is repealed.

The Danish safety technology authority, the 16. March 2012 Carsten S

/Anders Grønbech J Official notes 1) Ordinance contains provisions which partially transposes European Parliament and Council Directive 2001/95EF of 3. December 2001 on general product safety, the official journal of the European communities 2002 nr. L 11, page 4.