general product safetyWord文档下载推荐.docx

1、In cooperation with the European Parliament（2） , Having regard to the opinion of the Economic and Social Committee（3） , Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market is

2、to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas some Member States have adopted horizontal legislation on product safety, imposing, in particular, a general obligation on economic operators to market only safe prod

3、ucts; whereas those legislations differ in the level of protection afforded to persons; whereas such disparities and the absence of horizontal legislation in other Member States are liable to create barriers to trade and distortions of competition within the internal market;Whereas it is very diffic

4、ult to adopt Community legislation for every product which exists or may be developed; whereas there is a need for a broadly-based, legislative framework of a horizontal nature to deal with those products, and also to cover lacunae in existing or forthcoming specific legislation, in particular with

5、a view to ensuring a high level of protection of safety and health of persons, as required by Article 100 a （3） of the Treaty;Whereas it is therefore necessary to establish on a Community level a general safety requirement for any product placed on the market that is intended for consumers or likely

6、 to be used by consumers; whereas certain second-hand goods should nevertheless be excluded by their nature;Whereas production equipment, capital goods and other products used exclusively in the context of a trade or business are not covered by this Directive;Whereas, in the absence of more specific

7、 safety provisions, within the framework of Community regulations, covering the products concerned, the provisions of this Directive are to apply;Whereas when there are specific rules of Cummunity law, of the total harmonization type, and in particular rules adopted on the basis of the new approach,

8、 which lay down obligations regarding product safety, further obligations should not be imposed on economic operators as regards the placing on the market of products covered by such rules;Whereas, when the provisions of specific Community regulations cover only certain aspects of safety or categori

9、es of risks in respect of the product concerned, the obligations of economic operators in respect of such aspects are determined solely by those provisions;Whereas it is appropriate to supplement the duty to observe the general safety requirement by an obligation on economic operators to supply cons

10、umers with relevant information and adopt measures commensurate with the characteristics of the products, enabling them to be informed of the risks that these products might present;Whereas in the absence of specific regulations, criteria should be defined whereby product safety can be assessed;Wher

11、eas Member States must establish authorities responsible for monitoring product safety and with powers to take the appropriate measures;Whereas it is necessary in particular for the appropriate measures to include the power for Member States to organize, immediately and efficiently, the withdrawal o

12、f dangerous products already placed on the market;Whereas it is necessary for the preservation of the unity of the market to inform the Commission of any measure restricting the placing on the market of a product or requiring its withdrawal from the market except for those relating to an event which

13、 is local in effect and in any case limited to the territory of the Member State concerned; whereas such measures can be taken only in compliance with the provisions of the Treaty, and in particular Articles 30 to 36;Whereas this Directive applies without prejudice to the notification procedures in

14、Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations（4） and in Commission Decision 88/383/EEC of 24 February 1988 providing for the improvement of information on safety, hygiene and health at work（5

15、） ;Whereas effective supervision of product safety requires the setting-up at national and Community levels of a system of rapid exchange of information in emergency situations in respect of the safety of a product and whereas the procedure laid down by Council Decision 89/45/EEC of 21 December 1988

16、 on a Community system for the rapid exchange of information on dangers arising from the use of consumer products（6） should therefore be incorporated into this Directive and the above Decision should be repealed; whereas it is also advisable for this Directive to take over the detailed procedures ad

17、opted under the above Decision and to give the Commission, assisted by a committee, power to adapt them;Whereas, moreover, equivalent notification procedures already exist for pharmaceuticals, which come under Directives 75/319/EEC（7） and 81/851/EEC（8） , concerning animal diseases referred to in Dir

18、ective 82/894/EEC（9） , for products of animal origin covered by Directive 89/662/EEC（10） , and in the form of the system for the rapid exchange of information in radiological emergencies under Decision 87/600/Euratom（11） ;Whereas it is primarily for Member States, in compliance with the Treaty and i

19、n particular with Articles 30 to 36 thereof, to take appropriate measures with regard to dangerous products located within their territory;Whereas in such a situation the decision taken on a particular product could differ from one Member State to another; whereas such a difference may entail unacce

20、ptable disparities in consumer protection and constitute a barrier to intra-Community trade;Whereas it may be necessary to cope with serious product-safety problems which affect or could affect, in the immediate future, all or a large part of the Community and which, in view of the nature of the saf

21、ety problem posed by the product cannot be dealt with effectively in a manner commensurate with the urgency of the problem under the procedures laid down in the specific rules of Community law applicable to the products or category of products in question;Whereas it is therefore necessary to provide

22、 for an adequate mechanism allowing, in the last resort, for the adoption of measures applicable throughout the Community, in the form of a decision addressed to the Member States, in order to cope with emergency situations as mentioned above; whereas such a decision is not of direct application to

23、economic operators and must be incorporated into a national instrument; whereas measures adopted under such a procedure can be no more than interim measures that have to be taken by the Commission assisted by a committee of representatives of the Member States; whereas, for reasons of cooperation wi

24、th the Member States, it is appropriate to provide for a regulatory committee according to procedure III （b） of Decision 87/373/EEC（12） ;Whereas this Directive does not affect victims rights within the meaning of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulati

25、ons and administrative provisions of the Member States concerning liability for defective products（13） ;Whereas it is necessary that Member States provide for appropriate means of redress before the competent courts in respect of measures taken by the competent authorities which restrict the placing

26、 on the market of a product or require its withdrawal;Whereas it is appropriate to consider, in the light of experience, possible adaptation of this Directive, particularly as regards extension of its scope and provisions on emergency situations and intervention at Community level;Whereas, in additi

27、on, the adoption of measures concerning imported products with a view to preventing risks to the safety and health of persons must comply with the Communitys international obligations, HAS ADOPTED THIS DIRECTIVE:TITLE I Objective - Scope - Definitions Article 1 1. The purpose of the provisions of th

28、is Directive is to ensure that products placed on the market are safe. 2. The provisions of this Directive shall apply in so far as there are no specific provisions in rules of Community law governing the safety of the products concerned. In particular, where specific rules of Community law contain

29、provisions imposing safety requirements on the products which they govern, the provisions of Articles 2 to 4 of this Directive shall not, in any event, apply to those products. Where specific rules of Community law contain provisions governing only certain aspects of product safety or categories of

30、risks for the products concerned, those are the provisions which shall apply to the products concerned with regard to the relevant safety aspects or risks. Article 2 For the purposes of this Directive:（a） product shall mean any product intended for consumers or likely to be used by consumers, suppli

31、ed whether for consideration or not in the course of a commercial activity and whether new, used or reconditioned. However, this Directive shall not apply to second-hand products supplied as antiques or as products to be repaired or reconditioned prior to being used, provided that the supplier clearly informs the person to whom he supplies the product to that effect;（b） safe product shall mean any product which, under normal or reasonably foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the products use, conside