### ‘environmental claim’ means any message or representation , which is not mandatory under union law or national law , including text , pictorial , graphic or symbolic representation , in any form , including labels , brand names , company names or product names , in the context of a commercial communication , which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders , respectively , or has improved their impact over time; ### ‘environmental claim’ means any message or representation , which is not mandatory under union law or national law , including text , pictorial , graphic or symbolic representation , in any form , including labels , brand names , company names or product names , in the context of a commercial communication , which states or implies that a product , group or category of product , brand or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders , respectively , or has improved their impact over time;


### the main characteristics of the product , such as its availability , benefits , risks , execution , composition , environmental or social impact , accessories , durability , reparability , after-sale customer assistance and complaint handling , method and date of manufacture or provision , delivery , fitness for purpose , usage , quantity , specification , geographical or commercial origin or the results to be expected from its use , or the results and material features of tests or checks carried out on the product.; ### the main characteristics of the product , such as its availability , benefits , risks , execution , composition , environmental or social impact such as working conditions , origin of the product , charity contributions or animal welfare , accessories , durability , reparability , reusability , recyclability , after-sale customer assistance and complaint handling , method and date of manufacture or provision , delivery , fitness for purpose , usage , quantity , specification , geographical or commercial origin or the results to be expected from its use , or the results and material features of tests or checks carried out on the product.;


### (5) this regulation should aim at protecting consumers and their safety as one of the fundamental principle of the eu legal framework , enshrined in the eu charter of fundamental rights. dangerous products can have very negative consequences on consumers and citizens. all consumers , including the most vulnerable , such as children , older persons or persons with disabilities , have the right to safe products. consumers should have at their disposal sufficient means to enforce such rights , and member states adequate instruments and measures at their disposal to enforce this regulation. ### (5) this regulation must aim at protecting consumers and their safety as one of the fundamental principle of the eu legal framework , enshrined in the eu charter of fundamental rights. dangerous products can have very negative and sometimes irreversible consequences on consumers and citizens. all consumers , including the most vulnerable , such as children , older persons or persons with disabilities , have the right to safe products. consumers must have at their disposal sufficient means to enforce such rights , and member states adequate instruments and measures at their disposal to enforce this regulation.


### (9) the provisions of chapter vii of regulation (eu) 2019/1020 , setting up the rules of controls on products entering the union market , are already directly applicable to products covered by this regulation and it is not the intention of this regulation to modify such provisions. the stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all member states are the customs authorities) shall perform them on the basis of risk analysis as referred to in articles 46 and 47 of regulation (eu) no 952/2013 (the union customs code) , the implementing legislation and corresponding guidance. this risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. the fact that the regulation does not modify in any way chapter vii of regulation 2019/1020 , directly referring to the risk based approach laid down in the customs legislation , means in practice that the authorities in charge of controls on products entering the union market (including customs authorities) should limit their controls to the most risky products , depending on the likelihood and impact of the risk , thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls. ### (9) the provisions of chapter vii of regulation (eu) 2019/1020 , setting up the rules of controls on products entering the union market , are already directly applicable to products covered by this regulation and it is not the intention of this regulation to modify such provisions. the stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all member states are the customs authorities) shall perform them on the basis of risk analysis as referred to in articles 46 and 47 of regulation (eu) no 952/2013 (the union customs code) , the implementing legislation and corresponding guidance. this risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. the fact that the regulation does not modify in any way chapter vii of regulation 2019/1020 , directly referring to the risk based approach laid down in the customs legislation , means in practice that the authorities in charge of controls on products entering the union market (including customs authorities) should limit their controls to the most risky products , depending on the likelihood and impact of the risk , thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls. nevertheless , given the increasing number of imported products , particularly resulting from the growing use of e-commerce , increased staffing of the authorities in charge of controls is advisable to ensure consumer safety.


### (11) considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers. ### (11) considering also the broad scope given to the concept of health26 , the environmental risk a product poses should be taken into consideration throughout its life cycle (from design through production , use and repair to disposal) , a risk to the health and safety of consumers. this risk should be taken into consideration both for the product and for the parts of products that could be recycled or reused.


### (13) union legislation on food , feed and related areas sets up a specific system ensuring the safety of the products covered by it. therefore , food and feed should be excluded from the scope of this regulation with the exception of materials and articles intended to come into contact with food insofar as risks are concerned that are not covered by regulation (ec) no 1935/2004 of the european parliament and of the council27 or by other food specific legislation which only covers chemical and biological food-related risks. ### (13) union legislation on food , feed and related areas sets up a specific system ensuring the safety of the products covered by it. therefore , food and feed should be excluded from the scope of this regulation. the regulation of materials and articles intended to come into contact with food is covered by the gpsr where aspects are concerned that are not already or sufficiently covered by regulation (ec) no 1935/2004 of the european parliament and of the council27 or by other food specific legislation which only covers chemical and biological food-related risks.


### (20) new technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product or changing its characteristics. ### (20) new technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product , changing its characteristics or causing software errors in programs. new technologies , provided via software updates , for example , can substantially modify the original product , which should then be submitted to a new risk assessment.


### (21) the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to consumers , such as psychological risk , development risks , in particular for children , mental risks , depression , loss of sleep , or altered brain function. ### (21) the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to consumers , such as psychological risk , development risks , in particular for children , mental risks , depression , loss of sleep , or altered brain function. in order to protect consumers against these risks , these aspects should be included in the risk assessment made by manufacturers and market surveillance authorities before a product is placed on the market.


### (21) the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to consumers , such as psychological risk , development risks , in particular for children , mental risks , depression , loss of sleep , or altered brain function. ### (21) the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to consumers , such as psychological risk , development risks , in particular for children , mental risks , depression , loss of sleep , or altered brain function. these aspects therefore need to be included in manufacturers’ and market surveillance authorities’ risk assessments where relevant , including risk assessments of products already available on the market. products that pose a significant risk to the mental health of consumers , and children in particular , should carry a warning giving scientific recommendations regarding usage time and the risks incurred through failure to follow the recommendations.


### (24) economic operators should have obligations concerning the safety of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of the health and safety of consumers. all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products , which are safe and in conformity with this regulation. it is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. ### (24) economic operators should have obligations concerning the safety of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of the health and safety of consumers. all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products , which are safe and in conformity with this regulation. it is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. it should always be possible to hold an economic operator liable in the eu , even if the product is sold from a third-country seller.


### (25) distance selling , including online selling , should also fall within the scope of this regulation. online selling has grown consistently and steadily , creating new business models and new actors in the market such as the online marketplaces. ### (25) distance selling , including online selling , should also fall within the scope of this regulation. online selling has grown consistently and steadily , creating new business models and new actors in the market such as the online marketplaces. the increase of online selling has however also led to new challenges regarding product safety and the safety of consumers.


### (25) distance selling , including online selling , should also fall within the scope of this regulation. online selling has grown consistently and steadily , creating new business models and new actors in the market such as the online marketplaces. ### (25) distance selling , including online selling , should also fall within the scope of this regulation. online selling is growing consistently and steadily , and this consumption pattern is now becoming established. it is creating new business models and new actors in the market such as the online marketplaces and the shops they host , which need to ensure product safety and compliance with consumer protection legislation , including product safety and market surveillance legislation.


### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. ### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. they therefore need to be given greater responsibility for product and consumer safety , including when other economic actors in the supply chain do not act. online marketplaces are services that enable or help economic operators to make their products available to consumers. for the purpose of the safety of products that are made available on the market , online marketplaces should not be understood merely as platforms that directly facilitate the sale of products. online marketplaces offer economic operators the possibility of placing advertisements , comparing offers , or providing advisory or reputational services without which consumers would not have access to these products or services. as such , marketplaces should be considered economic operators within the meaning of this regulation. indeed , fair treatment in relation to traditional operators inevitably requires marketplaces to take on greater responsibilities.


### (27) given the important role played by online marketplaces when intermediating the sale of products between traders and consumers , such actors should have more responsibilities in tackling the sale of dangerous products online. directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents , including unsafe products. that regulation applies without prejudice to the rules laid down by union law on consumer protection and product safety. accordingly , building on the horizontal legal framework provided by that regulation , specific requirements essential to effectively tackle the sale of dangerous products online should be introduced , in line with article [1(5) , point (h)] of that regulation. ### (27) given the important role played by online marketplaces when intermediating the sale of products between traders and consumers , such actors should have more responsibilities in tackling the sale of dangerous products online. directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the responsibility , liability and accountability of providers of intermediary services online with regard to illegal contents , including unsafe products. that regulation applies without prejudice to the rules laid down by union law on consumer protection and product safety. accordingly , building on the horizontal legal framework provided by that regulation , specific requirements essential to effectively tackle the sale of dangerous products online should be introduced , in line with article [1(5) , point (h)] of that regulation.


### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. the product safety pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. nonetheless , its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field. ### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. the product safety pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. nonetheless , its voluntary nature and the voluntary participation by a limited number of online marketplaces has proven insufficient to effectively protect consumers and cannot ensure a level-playing field.


### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. the product safety pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. nonetheless , its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field. ### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. the product safety pledge has proved completely inadequate in terms of protecting consumers against dangerous products sold online. its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness , cannot ensure a level playing field and cannot provide real protection for consumers.


### (30) moreover , for the purposes of effective market surveillance , online marketplaces should register in the safety gate portal and indicate , in the same portal , the information concerning their single contact points for the facilitation of communication of information on product safety issues. the single point of contact under this regulation might be the same as the point of contact under [article 10] of regulation (eu) …/…[the digital services act] , without endangering the objective of treating issues linked to product safety in a swift and specific manner. ### (30) moreover , for the purposes of effective market surveillance , online marketplaces should register in the safety gate portal and indicate , in the same portal , the information concerning their single contact points for the facilitation of communication of information on product safety issues. the single point of contact under this regulation might be the same as the point of contact under [article 10] of regulation (eu) …/…[the digital services act] , in which case they should nonetheless provide the information laid down in this regulation concerning their single contact point. the choice of establishing the same single contact point as provided for in [article 10] of regulation (eu) .../...[the digital services act] must not endanger the objective of treating issues linked to product safety in a swift and specific manner.


### (32) the obligations imposed by this regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store , nor to actively seek facts or circumstances indicating illegal activity , such as the sale of dangerous products online. online marketplaces should , nonetheless , expeditiously remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation. ### (32) the obligations imposed by this regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store , nor to actively seek facts or circumstances indicating illegal activity , such as the sale of dangerous products online. online marketplaces should , nonetheless , ensure to effectively prevent any manifestation of illegal activities on their marketplaces. effective prevention should be reached by requiring marketplaces to conduct regular random check verifications on trader accounts and the products they offer , including visual inspections and mystery shopping exercises , expeditiously remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation.


### (32) the obligations imposed by this regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store , nor to actively seek facts or circumstances indicating illegal activity , such as the sale of dangerous products online. online marketplaces should , nonetheless , expeditiously remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the ‘directive on electronic commerce’ and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation. ### (32) online marketplaces are required to comply with specific obligations to effectively prevent the sale of illegal content. this includes an obligation to expeditiously remove illegal content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the ‘directive on electronic commerce’ and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation.


### (35) for the purposes of [article 19] of regulation (eu) …/…[the digital services act] , and concerning the safety of products sold online , the digital services coordinator should consider in particular consumer organisations and associations representing consumers’ interest , upon their request , as trusted flaggers , provided that the conditions set out in that article have been met. ### (35) for the purposes of [article 19] of regulation (eu) …/…[the digital services act] , and concerning the safety of products sold online , the digital services coordinator should consider in particular consumer organisations and associations representing consumers’ interest , as trusted flaggers , provided that the conditions set out in that article have been met.


### (36) product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. consumers should also be protected against dangerous products in the same way in the offline and online sales channels , including when purchasing products on online marketplaces. building on the provisions of regulation (eu) …/…[the digital services act] concerning the traceability of traders , online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this regulation. such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. however , the online marketplace should not be responsible for verifying the completeness , correctness and the accuracy of the information itself , as the obligation to ensure the traceability of products remains with the trader. ### (36) product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. consumers should also be protected against dangerous products , and against advertisements and promotions for dangerous products , in the same way in the offline and online sales channels , including when purchasing products on online marketplaces. building on the provisions of regulation (eu) …/…[the digital services act] concerning the traceability of traders and products , online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this regulation. in addition , online marketplaces should verify the completeness and reliability of this information throughout the contractual relationship with traders , and before placing the products online , as laid down in this regulation. such information should be displayed in an understandable and accessible way together with the product listing so that consumers can benefit from the same information made available online and offline.


### (37) it is also important that online marketplaces closely cooperate with the market surveillance authorities , law enforcement authorities and with relevant economic operators on the safety of products. an obligation of cooperation with market surveillance authorities is imposed on information society service providers under article 7(2) of regulation (eu) 2019/1020 in relation to products covered by that regulation and should therefore be extended to all consumer products. for instance , market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. for these tools to be operational , online marketplaces should grant access to their interfaces. moreover , for the purpose of product safety , market surveillance authorities may also need to scrape data from the online marketplaces. ### (37) it is also important that online marketplaces closely cooperate with the market surveillance authorities , law enforcement authorities , any other competent authority , and with other relevant economic operators on the safety of products. an obligation of cooperation with market surveillance authorities is imposed on information society service providers under article 7(2) of regulation (eu) 2019/1020 in relation to products covered by that regulation and should therefore be extended to all consumer products. for instance , market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. they ensure that human checks are in place to complement the technological tools they use. for these tools to be operational , online marketplaces should grant access to their interfaces. moreover , for the purpose of product safety , market surveillance authorities may also need to scrape data from the online marketplaces.


### (44) ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products , such as targeted recalls. product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer. such traceability requirements could be made stricter for certain kinds of products. manufacturers should also establish technical documentations regarding their products , which should contain the necessary information to prove that their product is safe. ### (44) ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products , such as targeted recalls. product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. the traceability of products is essential for consumers to be able to make free and informed choices about the origin of products. traceability is particularly important in combating counterfeit products. in addition to infringing intellectual property , they are mostly dangerous to consumer health. products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer. such traceability requirements could be made stricter for certain kinds of products. manufacturers should also establish technical documentations regarding their products , which should contain the necessary information to prove that their product is safe.


### (47) national authorities should be enabled to complement the traditional market surveillance activities focused on safety of products with market surveillance activities focusing on the internal conformity procedures set up by economic operators to ensure product safety. market surveillance authorities should be able to require the manufacturer to indicate which other products - produced with the same procedure , or containing the same components considered to present a risk or that are part of the same production batch - are affected by the same risk. ### (47) national authorities should be enabled to complement the traditional market surveillance activities focused on safety of products with market surveillance activities focusing on the internal conformity procedures set up by economic operators to ensure product safety. market surveillance authorities must be able to require the manufacturer to indicate which other products - produced with the same procedure or in the same place or containing the same components considered to present a risk or that are part of the same production batch - are affected by the same risk.


### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. member states are therefore encouraged to notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers. ### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. member states are therefore encouraged to notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers. the database and website of the safety gate should be easily accessible for persons with disabilities.


### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. member states are therefore encouraged to notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers. ### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. it is important to ensure that all of this information is available in the official language(s) of the consumer’s country of residence and that it is written in clear and understandable language. member states are therefore encouraged to notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers. the database and website of the safety gate should be accessible to persons with disabilities.


### (56) the determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. member states , in performing risk assessment , might reach different results as far as the presence of a risk or its level is concerned. this could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. an arbitration mechanism should therefore be made available to member states , on a voluntary basis , which would allow the commission , to provide an opinion on the issue in dispute. ### (56) the determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. member states , in performing risk assessment , might reach different results as far as the presence of a risk or its level is concerned. this could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. an arbitration mechanism should therefore be made available to member states , on a voluntary basis , which would allow the commission , to provide an opinion on the issue in dispute and prevent the asymmetry in legislation from creating loopholes that would undermine consumer safety.


### (58) market surveillance authorities might carry out joint activities with other authorities or organisations representing economic operators or end users , with a view to promoting safety of products and identifying dangerous products , including those that are offered for sale online. in doing so the market surveillance authorities and the commission , as appropriate , should ensure that the choice of products and producers as well as the activities performed does not create situation which might distort competition or affect the objectivity , independence and impartiality of the parties. ### (58) market surveillance authorities might carry out joint activities with other authorities or organisations representing economic operators or end users , with a view to promoting safety of products and identifying dangerous products , including those that are offered for sale online. in doing so the market surveillance authorities and the commission , as appropriate , should ensure that the choice of products and producers as well as the activities performed does not create a situation which might distort competition or affect the objectivity , independence and impartiality of the parties. to this end , market surveillance authorities may call upon consumer organisations , in particular.


### (60) the public interface of the safety gate , the safety gate portal , allows the general public , including consumers , economic operators and online marketplaces , to be informed about corrective measures taken against dangerous products present on the union market. a separate section of the safety gate portal enables consumers to inform the commission of products presenting a risk to consumer health and safety found in the market. where relevant , the commission should provide adequate follow-up , notably by transmitting such information to the concerned national authorities. ### (60) the public interface of the safety gate , the safety gate portal , allows the general public , including consumers , economic operators and online marketplaces , to be informed about corrective measures taken against dangerous products present on the union market. a separate section of the safety gate portal enables consumers to inform the commission of products presenting a risk to consumer health and safety found in the market. where relevant , the commission should provide adequate follow-up , notably by transmitting such information to the concerned national authorities. the database and website of the safety gate should be easily accessible for persons with disabilities.


### (61) in making available information on product safety to the public , professional secrecy , as referred to in article 339 of the treaty , should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures. ### (61) the product safety information available to the authorities should be accessible by the public. in making available information on product safety to the public , professional secrecy , as referred to in article 339 of the treaty , should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures. under no circumstances may it be used to conceal information that is important for the health and safety of consumers. the criterion of consumer safety shall in all circumstances prevail over that of professional interest.


### (62) when a product already sold to consumers turns out to be dangerous , it may need to be recalled to protect consumers in the union. consumers might not be aware that they own a recalled product. in order to increase recall effectiveness , it is therefore important to better reach consumers concerned. direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. it is also the preferred communication channel across all groups of consumers. in order to ensure the safety of the consumers , it is important that they are informed in a quick and reliable way. economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. therefore , a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. in this respect , economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems , through which customers are asked , after having purchased a product , to communicate to the manufacturer on a voluntary basis some information such as their name , contact information , the product model or serial number. ### (62) when a product already sold to consumers turns out to be dangerous , it may need to be recalled to protect consumers in the union. consumers might not be aware that they own a recalled product. in order to increase recall effectiveness , it is therefore important to better reach consumers concerned. direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. it is also the preferred communication channel across all groups of consumers. in order to ensure the safety of the consumers , it is important that they are informed in a quick , reliable and complete way. economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. therefore , a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. in this respect , economic operators , including online marketplaces , will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems , through which customers are asked , after having purchased a product , to communicate to the manufacturer on a voluntary basis some information such as their name , contact information , the product model or serial number. consumers should be able to provide their contact details such that they only receive information about recalls and product safety. economic operators must not be able to force consumers to agree to receive marketing communications in order to receive information on recalls and product safety , too.


### subject matter ### subject matter and objective


### this regulation lays down essential rules on the safety of consumer products placed or made available on the market. ### this regulation should ensure that products placed and made available on the single market are safe , and maintain a high level of safety , health and protection for consumers. this regulation therefore lays down essential rules on the safety of consumer products placed or made available on the market.


### this regulation lays down essential rules on the safety of consumer products placed or made available on the market. ### this regulation lays down essential rules on the safety of consumer products placed or made available on the market in order to ensure that they are safe for the health and safety of consumers.


### where products are subject to specific safety requirements imposed by union legislation , this regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements. ### where products are subject to specific safety requirements imposed by union legislation , this regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements , as this could otherwise lead to a threat to consumers' health and safety or other public interests.


### where products are subject to specific safety requirements imposed by union legislation , this regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements. ### where products are subject to specific safety requirements imposed by union legislation , this regulation shall apply only to the aspects and risks or categories of risks not satisfactorily covered by those requirements.


### chapter ii shall not apply insofar as the risks or categories of risks covered by union harmonisation legislation are concerned; ### chapter ii shall not apply insofar as the risks or categories of risks are adequately covered by union harmonisation legislation are concerned. when assessing if the risks are adequately covered , the aspects for assessing the safety of products outlined in article 7 must be considered.


### 1. ‘product’ means any item , interconnected or not to other items , supplied or made available , whether for consideration or not , in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can , under reasonably foreseeable conditions , be used by consumers even if not intended for them; ### 1. ‘product’ means any item , including digital products such as apps and softwares , interconnected or not to other items , supplied or made available , whether for consideration or not , in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can , under reasonably foreseeable conditions , be used by consumers even if not intended for them;


### 1. ‘product’ means any item , interconnected or not to other items , supplied or made available , whether for consideration or not , in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can , under reasonably foreseeable conditions , be used by consumers even if not intended for them; ### 1. ‘product’ means any item , including software , interconnected or not to other items , supplied or made available , whether for consideration or not , in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can , under reasonably foreseeable conditions , be used by consumers even if not intended for them. for connected products , programs that operate or enhance the product are deemed to be a part of the product;


### 2. ‘safe product’ means any product which , under normal or reasonably foreseeable conditions of use or misuse , including the actual duration of use , does not present any risk or only the minimum risks compatible with the product’s use , considered acceptable and consistent with a high level of protection of health and safety of consumers; ### 2. ‘safe product’ means any product which , under normal or reasonably foreseeable conditions of use or misuse , including the actual duration of use , does not present any risk or only the minimum risks , including those related to cybersecurity , compatible with the product’s use , considered acceptable and consistent with a high level of protection of health and safety of consumers and compliant with the precautionary principle laid down in article 2(5);


### 3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’; ### 3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’ , as defined in article 3(2);


### 10. ‘importer’ means any natural or legal person established within the union who places a product from a third country on the union market; ### 10. ‘importer’ means any natural or legal person , including online marketplaces , established within the union who places a product from a third country on the union market;


### 10. ‘importer’ means any natural or legal person established within the union who places a product from a third country on the union market; ### 10. ‘importer’ means any natural or legal person established within the union who places a product from a third country on the union market; online marketplaces are considered to be importers even when they are not established in the union;


### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products , making them available on the market in accordance with this regulation; ### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider , the online marketplaces or any other natural or legal person who is subject to obligations in relation to the manufacture of products , making them available on the market in accordance with this regulation;


### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products , making them available on the market in accordance with this regulation; ### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider , the online marketplace or any other natural or legal person who is subject to obligations in relation to the manufacture and placing on the market of products , making them available on the market in accordance with this regulation;


### 14. ‘online marketplace’ means a provider of an intermediary service using software , including a website , part of a website or an application , operated by or on behalf of a trader , which allows consumers to conclude distance contracts with other traders or consumers for the sale of products covered by this regulation; ### 14. ‘online marketplace’ means a provider of an intermediary service using software , including a website , part of a website or an application , operated by or on behalf of a trader , which allows consumers to conclude distance contracts with other traders or consumers;


### 14. ‘online marketplace’ means a provider of an intermediary service using software , including a website , part of a website or an application , operated by or on behalf of a trader , which allows consumers to conclude distance contracts with other traders or consumers for the sale of products covered by this regulation; ### 14. ‘online marketplace’ means a provider of a service using software , including a website , part of a website or an application or part of an application , operated by or on behalf of a trader , which allows consumers to conclude distance contracts with other traders or consumers; any software , website , part of a website , application or part of an application that enables consumers to conclude distance contracts with other traders or consumers shall be deemed to be an online marketplace even if its principal or intended use was not for the conclusion of a distance contract;


### 15. ‘online interface’ means any software , including a website , part of a website or an application , that is operated by or on behalf of an economic operator , and which serves to give end users access to the economic operator’s products; ### 15. ‘online interface’ means any software , including a website , part of a website or an application or part of an application , that is operated by or on behalf of an economic operator , and which serves to give end users access to the purchase of products;


### economic operators shall place or make available on the union market only safe products. ### economic operators , including online marketplaces , shall place or make available on the union market only safe products.


### presumption of safety ### presumption of conformity with safety requirements


### 2. the commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the european standards satisfy the general safety requirement laid down in article 5. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(3). ### 2. the commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the european standards satisfy the general safety requirement laid down in article 5 , taking into account the aspects for assessing the safety of products of article 7. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(3).


### 2. the commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the european standards satisfy the general safety requirement laid down in article 5. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(3). ### 2. the commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the european standards satisfy the general safety requirement laid down in article 5 and article 7. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(3).


### 3. however , presumption of safety under paragraph 1 shall not prevent market surveillance authorities from taking action under this regulation where there is evidence that , despite such conformity , the product is dangerous. ### 3. however , presumption of conformity with the safety requirements under paragraph 1 shall not prevent market surveillance authorities from taking action under this regulation where there is evidence that , despite such conformity , the product is dangerous.


### 3. however , presumption of safety under paragraph 1 shall not prevent market surveillance authorities from taking action under this regulation where there is evidence that , despite such conformity , the product is dangerous. ### 3. however , presumption of safety under paragraph 1 shall not prevent market surveillance authorities , the competent authorities as well as the commission from taking action under this regulation where there is evidence that , despite such conformity , the product is dangerous.


### 1. where the presumption of safety laid down in article 5 does not apply , the following aspects shall be taken into account in particular when assessing whether a product is safe: ### 1. the following aspects shall be assessed when determining whether a product is safe:


### 1. where the presumption of safety laid down in article 5 does not apply , the following aspects shall be taken into account in particular when assessing whether a product is safe: ### 1. the following aspects shall be evaluated during each assessment to determine the safety of a product. these conditions must be met for a product to be presumed ‘safe’:


### the characteristics of the product , including its design , technical features , composition , packaging , instructions for assembly and , where applicable , for installation and maintenance; ### the characteristics of the product , including its design , technical features , composition including chemical substances , packaging , instructions for assembly and , where applicable , for installation , use and maintenance;


### the characteristics of the product , including its design , technical features , composition , packaging , instructions for assembly and , where applicable , for installation and maintenance; ### the characteristics of the product , including its design , technical features , composition and chemical components , packaging , and instructions for assembly , installation , use , maintenance , recycling and repair;


### the presentation of the product , the labelling , any warnings and instructions for its safe use and disposal , and any other indication or information regarding the product; ### the presentation of the product , the labelling , any warnings and instructions for its safe use and disposal , and any other indication or information regarding the product. all of this information shall be available in the official language(s) of the consumer’s country of residence , in clear and accessible language;


### the categories of consumers at risk when using the product , in particular vulnerable consumers such as children , older people and persons with disabilities; ### the age labelling of products regarding their suitability of legality for children and in general , the categories of consumers at risk when using the product , in particular vulnerable consumers such as children , older people , refugees and persons with disabilities , particularly exposed to higher risks regarding their health and safety;


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics; ### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size , name or other characteristics;


### the fact that although not designed or not intended for use by children , the product resembles an object commonly recognized as appealing to or intended for use by children , because of its design , packaging and characteristics; ### the fact that although not designed or not intended for use by children , the product is known or likely to be used by children or resembles a product commonly recognized as appealing to or intended for use by children , because of its design , packaging and characteristics;


### the appropriate cybersecurity features necessary to protect the product against external influences , including malicious third parties , when such an influence might have an impact on the safety of the product; ### the appropriate cybersecurity features necessary to protect the product against external influences , including malicious third parties , when such an influence might have an impact on the safety of the product and lead to an illegal use of personal data of consumers;


### the evolving , learning and predictive functionalities of a product. ### the evolving , learning and predictive functionalities of a product;


### 1. when placing their products on the market , manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in article 5. ### 1. when placing their products on the market , manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in article 5 and the precautionary principle laid down in article 2(5). in particular , manufacturers shall provide appropriate safeguards to prevent software from being downloaded that might compromise the safety of products during their lifetime , including software that might allow access to personal data by malicious third parties or without the user’s consent. manufacturers shall provide these guarantees without prejudice to the possibility of the user using software other than that supplied by the manufacturer and without prejudice to free and fair competition.


### 2. manufacturers shall investigate the complaints received that concern products they made available on the market , and which have been identified as dangerous by the complainant , and shall keep a register of these complaints as well as of product recalls. ### 2. manufacturers shall investigate the complaints received that concern products they made available on the market , and which have been identified as dangerous by the complainant , and shall keep a public register of these complaints as well as of product recalls.


### manufacturers shall make publicly available to consumers , communication channels such as telephone number , electronic address or dedicated section of their website , allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. ### manufacturers shall make publicly available to consumers , communication channels such as telephone number , electronic address and dedicated section of their website , allowing the consumers to file complaints in an accessible way including for disabled people , and to inform them of any accident or safety issue they have experienced with the product.


### manufacturers shall make publicly available to consumers , communication channels such as telephone number , electronic address or dedicated section of their website , allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. ### manufacturers shall make publicly available to consumers the following communication channels: a telephone number , electronic address and dedicated section of their website. these communication channels should enable the consumers to file complaints and to inform manufacturers of any accident or safety issue they have experienced with the product. consumers must be able to communicate with manufacturers in their national language. they must be easily contactable by all consumers , including appropriate means of communication for disabled persons , and it must be possible to contact the manufacturer directly , without an intermediary.


### personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded. ### personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than three years after they have been encoded.


### personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded. ### personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded. under the consumer alert mechanism laid down in article 33 , the manufacturer shall inform consumers of the conditions under which their personal data will be stored and used.


### 3. manufacturers shall keep distributors , importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified. ### 3. manufacturers or , where applicable , their authorised representatives shall keep distributors and importers , including online marketplaces , in the concerned supply chain informed of any safety issue that they have identified. they shall also inform the market surveillance authorities and all competent authorities , as appropriate.


### 4. manufacturers shall draw up technical documentation of the product. the technical documentation shall contain , as appropriate: ### 4. manufacturers shall draw up technical documentation of the product before the product is placed on the market and this information should be updated if needed after the placement on the market. the technical documentation shall contain :


### 5. manufacturers shall keep the technical documentation , for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities , upon request. ### 5. manufacturers shall keep the technical documentation from the date on which the last batch of the product has been placed on the market and make it available to the market surveillance authorities.


### 6. manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers , or , where the size or nature of the product does not allow it , that the required information is provided on the packaging or in a document accompanying the product. ### 6. manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible , legible and understandable for consumers , or , where the size or nature of the product does not allow it , that the required information is provided on the packaging or in a document accompanying the product. this information shall be accessible to all consumers in a language they can understand and adapted for people with disabilities.


### 7. manufacturers shall indicate their name , registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product. the address shall indicate a single contact point at which the manufacturer can be contacted. ### 7. manufacturers shall indicate their name , registered trade name or registered trade mark and the postal and electronic address and telephone number at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product. the address shall indicate a single contact point , an electronic address and a freephone telephone number at which the manufacturer can be contacted without an intermediary and in the national language of the consumer’s country.


### 8. manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available. this requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. ### 8. manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available. these instructions shall be clear and accessible including for vulnerable consumers and persons with disabilities.


### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including a withdrawal or recall , as appropriate. ### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including adequately and effectively warning end users who are at risk from the non-conformity of the product , in accordance with the procedure laid down in article 33 , about a withdrawal or recall , as appropriate.


### 11. manufacturers shall , via the safety business gateway referred to in article 25 , immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the member states in which the product has been made available to that effect , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. ### 11. manufacturers shall , via the safety business gateway referred to in article 25 , immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the member states in which the product has been made available to that effect , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken.


### 11. manufacturers shall , via the safety business gateway referred to in article 25 , immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the member states in which the product has been made available to that effect , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. ### 11. manufacturers shall , via the safety business gateway referred to in article 25 , immediately alert the market surveillance authorities of the member states in which they made the product available , giving details , in particular , of the risk to consumers’ health and safety and of any corrective measure already taken. manufacturers shall immediately alert consumers of the risk to their health and safety presented by a product they manufacture. in accordance with article 33 , consumers shall be immediately alerted by means of clear and targeted information , in the official languages of their country of residence as a minimum through all means made available by the consumer.


### 1. a manufacturer may , by a written mandate , appoint an authorised representative. ### 1. where a manufacturer is established outside the european union , it shall , by a written mandate , appoint an authorised representative. it shall provide the name , address , telephone number and electronic address of this person to the market surveillance authorities of the member states of the union.


### provide a market surveillance authority , upon its reasoned request , with all information and documentation necessary to demonstrate the safety of the product in an official language which can be understood by that authority; ### provide a market surveillance authority , upon its request , with all information and documentation necessary to demonstrate the safety of the product in an official language which can be understood by that authority;


### where they have a reason to believe that a product in question presents a risk , inform the manufacturer; ### where they have reason to believe that a product poses a risk , inform the manufacturer and notify the product through the safety business gateway , and inform the market surveillance authorities of the eu member states and all competent national authorities;


### 1. before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in article 5 and that the manufacturer has complied with the requirements set out in article 8 (4) , (6) and (7). ### 1. before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in article 5 and that the manufacturer has complied with the requirements set out in article 6 , article 7 and article 8(4) , (6) , (7) and (8) , as well as the precautionary principle.


### 2. where an importer considers or has reason to believe that a product is not in conformity with article 5 and article 8(4) , (6) and (7) , he or she shall not place the product on the market until it has been brought into conformity. furthermore , where the product is not safe , the importer shall inform the manufacturer and ensure that the market surveillance authorities are informed. ### 2. where an importer considers or has reason to believe that a product is not in conformity with article 5 and article 8(4) , (6) , (7) and (8) , he or she shall not place the product on the market until it has been brought into conformity. furthermore , where the importer considers or has reason to believe that a product is not safe , the importer shall inform the manufacturer and the market surveillance authorities.


### 3. importers shall indicate their name , registered trade name or registered trade mark , the postal and electronic address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product. they shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. ### 3. importers shall indicate their name , registered trade name or registered trade mark , the postal and electronic address and telephone number at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product. they shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.


### 4. importers shall ensure that the product they imported is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , except where the product can be used safely and as intended by the manufacturer without such instructions and safety information. ### 4. manufacturers shall ensure that the product they imported is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available.


### 5. importers shall ensure that , while a product is under their responsibility , storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in article 5 and its conformity with article 8 (6) and (7). ### 5. importers shall ensure that , while a product is under their responsibility , storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in article 5 and its conformity with article 6 , article 7 and article 8(6) and (7) , as well as the precautionary principle.


### 6. importers shall investigate complaints related to products they made available on the market and file these complaints , as well as products recalls , in the register referred to in article 8(2) , first subparagraph , or in their own register. importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation. ### 6. importers shall investigate complaints related to products they made available on the market and file these complaints , as well as products recalls , in the public register referred to in article 8(2) , first subparagraph and in their own register. importers shall keep the manufacturer , distributors and national market surveillance authorities informed of the investigation performed and of the results of the investigation.


### 7. importers shall cooperate with market surveillance authorities and the manufacturer to ensure that a product is safe. ### 7. importers shall cooperate with market surveillance authorities , the competent national authorities and any other relevant economic operators to ensure that a product is safe.


### 8. importers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall , as appropriate. in case such measures have not been adopted , the importer shall adopt them. importers shall ensure that , through the safety business gateway referred to in article 25 , consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the member states in which they made the product available to that effect be immediately informed , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. ### 8. importers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall , as appropriate. in case such measures have not been adopted , the importer shall adopt them. importers shall ensure that , through the safety business gateway referred to in article 25 , consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the member states in which they made the product available to that effect be immediately informed , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken.


### 8. importers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall , as appropriate. in case such measures have not been adopted , the importer shall adopt them. importers shall ensure that , through the safety business gateway referred to in article 25 , consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the member states in which they made the product available to that effect be immediately informed , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. ### 8. importers who consider or have reason to believe that a product which they have placed on the market is not safe shall immediately inform the manufacturer and any other relevant economic operators , and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall , as appropriate. in case such measures have not been adopted , the importer shall adopt them without delay. importers shall send an immediate alert , through the safety business gateway referred to in article 25 , to ensure that consumers are immediately and effectively alerted of the risk in a notification that must be easily accessible , clear and understandable , in accordance with the mechanism laid down in article 33 where applicable and to ensure that market surveillance authorities of the member states in which they made the product available to that effect are immediately informed , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. these enforcement measures must be listed and communicated via the safety business gateway so that consumers can easily access them.


### 9. importers shall keep the technical documentation referred to in article 8(4) for a period of 10 years after they have placed the product on the market and make it available to the market surveillance authorities , upon request. ### 9. importers shall keep the technical documentation referred to in article 8(4) after they have placed the product on the market and make it available to the market surveillance authorities.


### 1. before making a product available on the market , distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 8(6) , (7) and (8) and article 10(3) and (4) , as applicable. ### 1. before making a product available on the market , distributors shall verify that the manufacturer and the importer have complied with the requirements set out in article 5 , article 6 , article 7 , article 8(6) , (7) and (8) and article 10(3) and (4) , as applicable , as well as the precautionary principle.


### 2. distributors shall ensure that , while a product is under their responsibility , storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in article 5 and its conformity with article 8(6) , (7) and (8) and article 10(3) and (4) , as applicable. ### 2. distributors shall ensure that , while a product is under their responsibility , storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in article 5 and its conformity with article 6 , article 7 , article 8(6) , (7) and (8) and article 10(3) and (4) , as applicable. they shall apply the precautionary principle.


### 3. distributors who consider or have reason to believe , on the basis of the information in their possession , that a product is not in conformity with the provisions referred to in paragraph 2 , shall not make the product available on the market until it has been brought into conformity. furthermore , where the product is not safe , the distributor shall immediately inform the manufacturer or the importer , as applicable , to that effect and shall make sure that , through the safety business gateway referred to in article 25 , the market surveillance authorities are informed. ### 3. distributors who consider or have reason to believe that a product is not in conformity with the provisions referred to in paragraph 2 , shall not make the product available on the market until it has been brought into conformity. furthermore , where the product is not safe , the distributor shall immediately inform the manufacturer and the importer , as applicable , to that effect and , through the safety business gateway referred to in article 25 , the market surveillance authorities.


### 4. distributors who consider or have reason to believe , on the basis of the information in their possession , that a product which they have made available on the market is not safe or is not in conformity with article 8(6) , (7) and (8) and article 10(3) and (4) , as applicable , shall ensure that the corrective measures necessary to bring the product into conformity are adopted , including withdrawal or recall , as appropriate. furthermore , where the product is not safe , distributors shall immediately inform the manufacturer or the importer , as applicable , to that effect and shall make sure that , through the safety business gateway referred to in article 25 , the market surveillance authorities of the member state in which they made the product available to that effect are informed giving details , in particular , of the risk to health and safety and of any corrective measure taken. ### 4. distributors who consider or have reason to believe that a product which they have made available on the market is not safe or is not in conformity with article 5 , article 6 , article 7 , article 8(6) , (7) and (8) and article 10(3) and (4) , as applicable , shall ensure that the corrective measures necessary to bring the product into conformity are adopted , including withdrawal or recall , as appropriate. furthermore , where the product is not safe , distributors shall immediately inform the manufacturer and the importer , and any other relevant economic operator , as applicable , to that effect and shall immediately alert , through the safety business gateway referred to in article 25 , the market surveillance authorities of the member state in which they made the product available to that effect , giving details , in particular , of the risk to health and safety and of any corrective measure taken. the information concerning the corrective measures must be detailed and complete. this notification through the safety business gateway should enable consumers to be alerted immediately and effectively to the risk in a notification that should be easily accessible , clear and understandable , in accordance with the mechanism laid down in article 33 of this regulation.


### the economic operators shall ensure that they have internal processes for product safety in place , allowing them to respect the general safety requirement laid down in article 5. ### the economic operators shall have internal processes for product safety in place , allowing them to respect the general safety requirement laid down in article 5 and apply the precautionary principle. these internal processes shall be independently audited as necessary. the economic operators shall make this audit report publicly available and shall send it to the market surveillance authorities without delay.


### 5. economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed. ### 5. economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks in such a way as to make the product safe within the meaning of articles 5 , 6 and 7. market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed.


### 2. in addition to the tasks referred to in article 4(3) of regulation (eu) 2019/1020 , the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall periodically carry out sample testing of randomly chosen products made available on the market. when the products made available on the market have been subject to a commission decision adopted under article 26(1) of this regulation , the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall carry out , at least once a year , for the entire duration of the decision , representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the member state where the economic operator is situated. ### 2. in addition to the tasks referred to in article 4(3) of regulation (eu) 2019/1020 , the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall periodically carry out sample testing of products made available on the market. these products shall be randomly chosen and must include products whose sales volumes are significant in relation to the average sales volume of products in the same category. when the products made available on the market have been subject to a commission decision adopted under article 26(1) of this regulation , the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall carry out , at least once a year , for the entire duration of the decision , representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the member state where the economic operator is situated. this sample testing shall be sent to the market surveillance authorities and to the competent authorities , as appropriate.


### 3. the name , registered trade name or registered trade mark , and contact details , including the postal and electronic address , of the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall be indicated on the product or on its packaging , the parcel or an accompanying document. ### 3. the name , registered trade name or registered trade mark , and contact details , including the postal and electronic address and telephone number , of the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall be indicated on the product or on its packaging , the parcel or an accompanying document.


### member states shall put in place procedures for providing economic operators , at their request and free of charge , with information with respect to the implementation of this regulation. ### member states shall put in place procedures for providing economic operators free of charge with information with respect to the implementation of this regulation. consumers , and any interested party , must be able to access this information.


### 1. for certain products , categories or groups of products , which are susceptible to bear a serious risk to health and safety of consumers , based on accidents registered in the safety business gateway , the safety gate statistics , the results of the joint activities on product safety and other relevant indicators or evidence , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability. ### 1. for certain products , categories or groups of products , which are susceptible to bear a serious risk to health and safety of consumers , based on accidents registered in the safety business gateway , the safety gate statistics , the results of the joint activities on product safety and other relevant indicators or evidence , the commission shall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability.


### 1. for certain products , categories or groups of products , which are susceptible to bear a serious risk to health and safety of consumers , based on accidents registered in the safety business gateway , the safety gate statistics , the results of the joint activities on product safety and other relevant indicators or evidence , the commission may require economic operators who place and make available those products on the market to establish or adhere to a system of traceability. ### 1. for certain products , categories or groups of products , which are susceptible to bear a serious risk to health and safety of consumers , based on accidents registered in the safety business gateway , the safety gate statistics , the results of the joint activities on product safety and other relevant indicators or evidence , the commission may require economic operators who place and make available those products on the market to adhere to a system of traceability.


### 2. the system of traceability shall consist in the collection and storage of data , including by electronic means , enabling the identification of the product , its components or of the economic operators involved in its supply chain , as well as in modalities to display and to access that data , including placement of a data carrier on the product , its packaging or accompanying documents. ### 2. the system of traceability shall consist in the collection and storage of data , including by electronic means , enabling the identification of the product , its components and their country of production , and the economic operators involved in its supply chain , as well as in modalities to display and to access that data , including placement of a data carrier on the product , its packaging or accompanying documents. the display modalities shall ensure traceability by making available information that is clear , legible and understandable.


### where products are made available on the market online or through other means of distance sales by the relevant economic operators , the relevant offer of the product shall clearly and visibly indicate at least the following information: ### where products are made available on the market online or through other means of distance sales by the economic operators , the relevant offer of the product shall clearly and visibly indicate at least the following information:


### name , registered trade name or registered trade mark of the manufacturer , as well as the postal or electronic address at which they can be contacted; ### name , registered trade name or registered trade mark of the manufacturer , as well as the postal or electronic address and telephone number at which they can be contacted;


### information to identify the product , including its type and , when available , batch or serial number and any other product identifier; ### information to identify the product , including its type and batch or serial number and any other product identifier;


### 1. the manufacturer shall ensure that , through the safety business gateway referred to in article 25 , an accident caused by a product placed or made available on the market is notified , within two working days from the moment it knows about the accident , to the competent authorities of the member state where the accident has occurred. the notification shall include the type and identification number of the product as well as the circumstances of the accident , if known. the manufacturer shall notify , upon request , to the competent authorities any other relevant information. ### 1. the manufacturer shall notify through the safety business gateway referred to in article 25 , an accident caused by a product placed or made available on the market is notified , within one calendar day from the moment it knows about the accident , to the competent authorities of the member state where the accident has occurred. the notification shall include the type and identification number of the product as well as the circumstances of the accident , if known. the manufacturer shall notify , upon request , to the competent authorities any other relevant information.


### 1. the manufacturer shall ensure that , through the safety business gateway referred to in article 25 , an accident caused by a product placed or made available on the market is notified , within two working days from the moment it knows about the accident , to the competent authorities of the member state where the accident has occurred. the notification shall include the type and identification number of the product as well as the circumstances of the accident , if known. the manufacturer shall notify , upon request , to the competent authorities any other relevant information. ### 1. the manufacturer shall notify , through the safety business gateway referred to in article 25 , an accident caused by a product placed or made available on the market within 12 hours from the moment it knows about the accident , to the competent authorities of the member state where the accident has occurred. the notification shall include the type and identification number of the product as well as the circumstances of the accident , if known. the manufacturer shall notify , upon request , to the competent authorities any other relevant information as soon as possible.


### 2. the importers and the distributors which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer , which can instruct the importer or one of the distributors to proceed to the notification. ### 2. the importers , the distributors and the online marketplaces which have knowledge of an accident caused by a product that they placed or made available on the market shall notify this information via the safety business gateway within 12 hours from the moment they know about the accident and shall inform the manufacturer without delay.


### iv online marketplaces ### iv


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