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Council Decision: Exchange of information on products which may jeopardize consumer's health or safety

A Council Decision of 25 October 1993 concerns the institution of a Community system for the exchange of information in respect of certain products which may jeopardize consumers' health or safety (93/580/EEC). At present there is no general procedure whereby Member States ca...

A Council Decision of 25 October 1993 concerns the institution of a Community system for the exchange of information in respect of certain products which may jeopardize consumers' health or safety (93/580/EEC). At present there is no general procedure whereby Member States can receive information on products marketed in a Member State which do not comply with Community or national legislation and which present a degree of risk to health and safety, although they do not give rise to any serious and immediate risk. Hence, the procedure is to apply to any consumer product of this kind with the exception of the following products, in so far as Community notification procedures already apply to them: agricultural products, foodstuffs, cosmetic products, tobacco products, materials and objects coming into contact with foodstuffs, medical products including means of in vitro diagnosis, and plant health products. Any Member State which decides to adopt regulations, laws or administrative measures to prevent, restrict or attach particular conditions to the marketing in its territory of a product or product batch, because it does not comply with the relevant Community or national rules and may jeopardize the health or safety of consumers when used in normal and foreseeable conditions, shall notify the Commission. Whenever possible, the producer, distributor or importer of the product shall first be consulted. The Decision shall apply to all products intended for use by consumers except products intended exclusively for professional use. Each Member State shall indicate to the Commission one or more competent national authorities designated to forward or receive the necessary information. This information shall be drawn up in accordance with the format set out in an Annex to the Decision and forwarded to the Commission in accordance with the procedure described in the Annex.