### (5) national standardisation bodies play an essential role in the standardisation system , both , at the union level , in accordance with regulation (eu) no 1025/2012 , and at the level of member states. national standardisation bodies are therefore best placed to make sure that the interests , policy objectives and values of the union as well as public interests in general are duly taken into account in european standardisation organisations. it is therefore necessary to strengthen their role in decision-making bodies of the european standardisation organisations when those bodies take decisions concerning european standards and european standardisation deliverables requested by the commission under article 10(1) of regulation (eu) no 1025/2012. ### (5) national standardisation bodies play an essential role in the standardisation system , both , at the union level , in accordance with regulation (eu) no 1025/2012 , and at the level of member states. national standardisation bodies are therefore best placed to make sure that the interests , policy objectives and values of the union as well as the views of all stakeholders , including smes , consumer organisations , environmental and social stakeholders , and public interests in general are duly taken into account in european standardisation organisations. it is therefore necessary to strengthen their role in decision-making bodies of the european standardisation organisations when those bodies take decisions concerning european standards and european standardisation deliverables requested by the commission under article 10(1) of regulation (eu) no 1025/2012.


### (6) despite the development of sector-specific union harmonisation legislation that addresses safety aspects of specific products or categories of products , it is practically impossible to adopt union legislation for all consumer products that exist or may be developed. there is therefore still a need for a legislative framework of a horizontal nature to fill gaps and ensure consumer protection not otherwise ensured , in particular with a view to achieving a high level of protection of safety and health of consumers , as required by article 114 and article 169 of the treaty. ### (6) despite the development of sector-specific union harmonisation legislation that addresses safety aspects of specific products or categories of products , it is practically impossible to adopt union legislation for all consumer products that exist or may be developed. there is therefore a need for a broad-based legislative framework of a horizontal nature to fill gaps , in particular pending revision of the existing sector-specific union harmonisation legislation , and to complement provisions in existing or forthcoming existing sector-specific union harmonisation legislation , to ensure consumer protection not otherwise ensured , in particular with a view to achieving a high level of protection of safety and health of consumers , as required by article 114 and article 169 of the treaty.


### (8) whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by union harmonisation legislation since already covered in such legislation , a certain number of other provisions should apply in order to complement union harmonisation legislation. in particular the general product safety requirement and related provisions should be applicable to consumer products covered by union harmonisation legislation when certain types of risks are not covered by that legislation. the provisions of this regulation concerning the obligations of online marketplaces , the obligations of economic operators in case of accidents , the right of information for consumers as well as the recalls of consumer products should apply to products covered by union harmonisation legislation when there are not specific provisions with the same objective in such legislation. likewise rapex is already used for the purposes of union harmonisation legislation , as referred to in article 20 of regulation (eu) 2019/1020 of the european parliament and of the council25 , therefore the provisions regulating the safety gate and its functioning contained in this regulation should be applicable to union harmonisation legislation. ### (8) whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by union harmonisation legislation since already covered in such legislation , a certain number of other provisions should apply in order to complement union harmonisation legislation. in particular the general product safety requirement and related provisions should be applicable to consumer products covered by union harmonisation legislation when certain types of risks are not specifically regulated by that legislation. the provisions of this regulation concerning the obligations of online marketplaces , the obligations of economic operators in case of distant sales and accidents , the right of information and remedy for consumers as well as the recalls of consumer products should apply to products covered by union harmonisation legislation when there are not specific provisions with the same objective in such legislation. likewise rapex is already used for the purposes of union harmonisation legislation , as referred to in article 20 of regulation (eu) 2019/1020 of the european parliament and of the council25 , therefore the provisions regulating the safety gate and its functioning contained in this regulation should be applicable to union harmonisation legislation.


### (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 focus their controls on 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.


### (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 posed by a product should be taken into consideration in the application of this regulation inasmuch as it can ultimately result in a risk to the health and safety of consumers , but also in a risk to the health and safety of the public.


### (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 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 but also , where relevant , in a risk to the health and safety of the public.


### (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 are covered by this regulation where aspects are concerned that are not already 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 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 present regulation where aspects are concerned that are not already 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.


### (16) the requirements laid down in this regulation should apply to second hand products or products that are repaired , refurbished or recycled that re-enter the supply chain in the course of a commercial activity , except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards , such as antiques or products which are presented as to be repaired or to be refurbished. ### (16) the requirements laid down in this regulation should apply to second hand products or products that are repaired , refurbished or recycled that re-enter the supply chain in the course of a commercial activity , except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards , such as antiques or products which are intended to be repaired or to be refurbished.


### (18) services should not be covered by this regulation. however , in order to secure the attainment of the protection of health and safety of consumers , products that are supplied or made available to consumers in the context of the provision of services , including products to which consumers are directly exposed during a service provision , should fall within the scope of this regulation. equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this regulation since it has to be dealt with in conjunction with the safety of the service provided. ### (18) services should not be covered by this regulation. however , in order to secure the attainment of the protection of health and safety of consumers , products that are supplied or made available to consumers in the context of the provision of services , including products to which consumers are directly exposed during a service provision , should fall within the scope of this regulation.


### (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 or changing its characteristics. where software updates may substantially modify the original product , a new risk assessment should be conducted.


### (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. therefore , these aspects need to be taken into account when assessing whether a product is safe , notably in view of assessing the evolution of immaterial harm related to connected products.


### (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. therefore , these aspects need to be included in manufacturer’s and market surveillance authorities’ risk assessments where this is relevant , notably in view of assessing the evolution of immaterial harm related to connected products.


### (23) the safety of products should be assessed taking into account all the relevant aspects , notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. ### (23) the safety of products should be assessed taking into account all the relevant aspects , notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.


### (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 and online marketplaces 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 and online marketplaces 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.


### (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. this regulation must foresee further obligations in order to ensure the safety of products and the right to access to adequate remedies for 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 has grown consistently and steadily , creating new business models and new actors in the market such as the online marketplaces. for this reason , they must be given greater responsibility for the safety of products and consumers , including cases where other economic actors in the supply chain do not act. online marketplaces are services that enable or facilitate economic operators to make their products available to consumers. online marketplaces should for the purpose of the safety of products that are made available on the market be held liable in accordance with the provisions laid down in the digital services act. online marketplaces offer economic operators the placement of advertisements , offer comparison , advisory or reputational services without which consumers would not have access to such products , services or traders.


### (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 , but also its flaws. 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.


### (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] , without endangering the objective of treating issues linked to product safety in a swift and specific manner. online marketplaces should check barcodes of new products offered for sale online through their services against the information on dangerous products notified by the market surveillance authorities in safety gate portal.


### (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 de jure or de facto 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 , 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 , be required to comply with specific obligations to effectively prevent the sale of unsafe products. this includes an obligation to 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.


### (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 ensure cooperation with consumer organisations and associations representing consumers’ interest on product safety.


### (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 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 , and unless the online marketplace has checked the barcode of the product against the information on dangerous products in the safety gate portal to ensure that the product offered for sale complies with 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. the online platform should make best efforts to assess whether the information provided is reliable and complete and check the information provided by the trader through the use of any freely accessible official online database or online interface made available by an authorised administrator or a member states or the union or through direct requests to the trader to provide supporting documents from reliable sources.


### (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 as well as against advertisement and promotions for unsafe 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 of 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. 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.


### (38) direct selling by economic operators established outside the union through online channels hinders the work of market surveillance authorities when tackling dangerous products in the union , as in many instances economic operators may not be established nor have a legal representative in the union. it is therefore necessary to ensure that market surveillance authorities have adequate powers and means to effectively tackle the sale of dangerous products online. in order to ensure an effective enforcement of this regulation , the obligation set out in article 4(1) , (2) and (3) of regulation 2019/1020 should be extended also to products falling outside the scope of the union harmonisation legislation to ensure that there is a responsible economic operator established in the union , which is entrusted with tasks regarding such products , providing market surveillance authorities with an interlocutor and performing specific tasks in a timely manner. ### (38) direct selling by economic operators established outside the union through online channels hinders the work of market surveillance authorities when tackling dangerous products in the union , as in many instances economic operators may not be established nor have a legal representative in the union. it is therefore necessary to ensure that market surveillance authorities have adequate powers and means to effectively tackle the sale of dangerous products online. in order to ensure an effective enforcement of this regulation , the obligation set out in article 4(1) , (2) and (3) of regulation 2019/1020 should be extended also to all products falling under the scope of the union harmonisation legislation and to products falling outside the scope of the union harmonisation legislation to ensure that there is always a responsible economic operator established in the union , which is entrusted with tasks regarding such products , providing market surveillance authorities and consumers with an interlocutor and performing specific tasks in a timely manner.


### (42) internal conformity procedures through which economic operators ensure , internally , the effective and swift performance of their obligation as well as the conditions to react timely in case of a dangerous product , should be put in place by the economic operators themselves. ### (42) internal conformity procedures through which economic operators ensure , internally , the effective and swift performance of their obligation as well as the conditions to react timely in case of a dangerous product , should be put in place by the economic operators themselves. however , these procedures should be regularly audited by market surveillance authorities and , when necessary , by independent auditors , in order to ensure a level playing on the internal market.


### (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. products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer or of the authorised representative. 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 should be able to define standard procedures that would reduce potential disparities between internal conformity procedures set up by companies. market surveillance authorities should be also 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.


### (51) member states should notify in the safety gate both compulsory and voluntary corrective measures that prevent , restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers or , in case of products covered by regulation (eu) no 2019/1020 , also to other relevant public interests of the end-users. ### (51) member states should notify in the safety gate both compulsory and voluntary corrective measures that prevent , restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers , to the protection of the environment and public security and to other relevant public interests of the end-users.


### (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 , to the protection of the environment and public security and to other relevant public interests of the end-users. the database and website of the safety gate should be accessible to 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. 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 for persons with disabilities.


### (54) the commission should maintain and further develop the safety business gateway web portal , enabling economic operators to comply with their obligations to inform market surveillance authorities and consumers of dangerous products they have placed or made available on the market. this tool should also enable economic operators to inform market surveillance authorities of accidents caused by products they have placed or made available on the market. it should enable quick and efficient information exchange between economic operators and national authorities , and facilitate information to consumers from economic operators. ### (54) the commission should maintain and further develop the safety business gateway web portal , enabling economic operators and online marketplaces to comply with their obligations to inform market surveillance authorities and consumers of dangerous products they have placed or made available on the market. this tool should also enable economic operators to inform market surveillance authorities of accidents caused by products they have placed or made available on the market. it should enable quick and efficient information exchange between economic operators and national authorities , and facilitate information to consumers from economic operators.


### (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 accessible to 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) public access to the information available to the authorities on product safety should be ensured. however , 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) 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) public access to the information available to the authorities on product safety should be ensured. when 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.


### (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 and reliable way. economic operators and online marketplaces 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 and online marketplaces to use any customer data already at their disposal to inform consumers of recalls and safety warnings. in this respect , economic operators and 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.


### (64) to encourage consumer response to recalls it is also important that the action required from consumers be as simple as possible and that the remedies offered be effective , cost-free and timely. directive (eu) 2019/771 of the european parliament and of the council32 provides the consumers with the contractual remedies for a lack of conformity of goods that existed at the time of delivery and became apparent within the liability period. the economic operator responsible for the recall should provide similar remedies to the consumer. ### (64) to encourage consumer response to recalls it is also important that the action required from consumers be as simple as possible and that the remedies offered be effective , cost-free and timely. directive (eu) 2019/771 of the european parliament and of the council32 provides the consumers with the contractual remedies for a lack of conformity of goods that existed at the time of delivery and became apparent within the liability period. the economic operator responsible for the recall , and , where appropriate , the online marketplace should provide similar remedies to the consumer.


### (71) in order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market , penalties should be adequate to the type of infringement , to the possible advantage for the economic operator or online marketplace and to the type and gravity of the injury suffered by the consumer. furthermore an homogenous level of penalties is important to ensure a level playing field , avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower. ### (71) in order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market , penalties should be adequate to the type of infringement , to the possible advantage for the economic operator or online marketplace and to the type and gravity of the risk incurred by the consumer and of the injury suffered by the consumer. furthermore an homogenous level of penalties is important to ensure a level playing field , avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.


### (74) in order to ensure more consistency , a list of those types of infringements that should be subject to penalties should be included. ### (74) in order to ensure more consistency , a non-exhaustive list of those types of infringements that should be subject to penalties should be included.


### (77) the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to the health and safety of consumers , imperative grounds of urgency so require. ### (77) the commission should adopt immediately applicable implementing acts where , in duly justified cases relating to the health and safety of consumers , imperative grounds of urgency so require. the decision may be renewed insofar this is necessary and appropriate.


### (80) any processing of personal data for the purpose of this regulation should be in compliance with regulations (eu) 2016/679 and (eu) 2018/1725. when consumers report a product in the safety gate , only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this regulation. manufacturers and importers , when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability. ### (80) any processing of personal data for the purpose of this regulation should be in compliance with regulations (eu) 2016/679 , (eu) 2018/1725 and directive (eu) 2002/58. when consumers report a product in the safety gate , only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this regulation. manufacturers and importers , when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.


### (80) any processing of personal data for the purpose of this regulation should be in compliance with regulations (eu) 2016/679 and (eu) 2018/1725. when consumers report a product in the safety gate , only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this regulation. manufacturers and importers , when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability. ### (80) any processing of personal data for the purpose of this regulation should be in compliance with regulations (eu) 2016/679 , (eu) 2018/1725 and directive 2002/58/ec concerning the processing of personal data and the protection of privacy in the electronic communications sector. when consumers report a product in the safety gate , only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this regulation. manufacturers and importers , when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.


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


### subject matter ### subject matter and objectives


### this regulation lays down essential rules on the safety of consumer products placed or made available on the market. ### the purpose of this regulation is to ensure that products placed or made available on the market are safe. in this regard this regulation lays down essential rules on the safety of consumer products with a view to ensuring that only products that fulfil requirements providing a high level of protection of public interests , such as health and safety in general , health and safety in the workplace , the protection of consumers , the protection of the environment and public security and any other public interests , are placed or made available on the market.


### 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 thereby posing 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 covered by those requirements and posing a threat to consumers’ health and safety or other relevant public interests.


### 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. therefore , when assessing if the risk is adequately covered , the aspects for assessing the safety of products defined in article 5a must be considered;


### 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 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 shall be considered;


### chapter iii , section 1 , chapters v and vii , chapters ix to xi shall not apply. ### chapters v and vii , chapters ix to xi shall not apply.


### equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers; ### deleted


### 3. this regulation shall apply to products placed or made available on the market whether new , used , repaired or reconditioned. it shall not apply to products to be repaired or reconditioned prior to being used where those products are made available on the market as such. ### 3. this regulation shall apply to products placed or made available on the market whether new , used , repaired or reconditioned. it shall not apply to products intended to be repaired or reconditioned prior to being used where those products are made available on the market as such.


### 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 other than those offered under a free and open-source licence , 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 the purposes of this regulation ‘product' does not mean free of charge open-source software;


### 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 , 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;


### 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 compatible with the product's use , considered acceptable and consistent with a high level of protection of health and safety of consumers and taking due account of the precautionary principle;


### 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 compatible with the product's use , considered acceptable and consistent with a high level of protection of health and safety of consumers , and in compliance with the precautionary principle;


### 9. ‘authorised representative’ means any natural or legal person established within the union who has received a written mandate from a manufacturer to act on his or her behalf in relation to specified tasks; ### 9. ‘authorised representative’ means any natural or legal person established within the union who has received a written mandate from a manufacturer to act on their behalf in relation to specified tasks;


### 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 , including a mobile 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;


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


### in the absence of european standards referred to in point (a) , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements. ### in the absence of european standards referred to in point (a) , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , such laws being drawn up in conformity with the treaties , if it conforms to such national requirements.


### in the absence of european standards referred to in point (a) , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements. ### in the absence of european standards referred to in point (a) , if it conforms to the requirements laid down in the law of the member state where the product is made available on the market as regards the risks covered by health and safety , such national standards being established in accordance with european law.


### 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 laid down in article 5a. 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 are in compliance with 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).


### 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 appropriate measures under this regulation , in particular to impose restrictions on products being placed on the market or to require products withdrawal from the market or recall where there is evidence that , despite such conformity , the product is dangerous.


### [...] ### deleted


### 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 , instructions for assembly and , where applicable , for installation , use and maintenance;


### the effect on other products , where it is reasonably foreseeable that it will be used with other products , including the interconnection of products among them; ### the effect on other products and on its users , where it is reasonably foreseeable that it will be used with other products , including the options of interconnection among products , as well as the possible loss of interconnection;


### 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 , in view of the long-term safety of the products over their entire lifespan.


### 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 or dedicated section of their website , allowing the consumers to file complaints in an easy and accessible way 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 , communication channels such as telephone number , electronic address and dedicated section of their website , allowing the consumers to file complaints in an accessible way and to inform them of any accident or safety issue they have experienced with the product.


### 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 , importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.


### 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 , importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.


### 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 placing it or making it available on the market. the technical documentation shall be easily accessible to consumers and shall contain , 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 placing it on the market or putting it into service , and ensure that the documentation is kept up to date and is made easily accessible to users. the technical documentation shall contain , as appropriate:


### the list of the european standards referred to in article 6(1) point a , or the other elements referred to in article 7(3) , applied to meet the general safety requirement laid down in article 5. ### the list of the european standards referred to in article 6(1) point a , or the other elements referred to in article 7(3) , applied to meet the general safety requirement laid down in article 5a (1) and (3) , 6(1) point b and 6(2).


### 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 for the lifespan of the product that the consumer may reasonably expect , and , in any case , for a period of at least ten years after the last batch of 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 , 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 , for a period of at least ten years after the product has been placed on the market and make it available to the market surveillance authorities , upon request. for a product whose lifespan is longer than ten years this period shall be extended to cover the lifetime of the product.


### 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 , the postal and electronic address and the 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 at which the manufacturer can be contacted.


### 9. manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in article 5. ### 9. manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in article 5 , 5a and 6.


### 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 a withdrawal or recall , as appropriate. they shall inform the distributors of the product in question and , where applicable , the authorised representatives and the importers accordingly.


### 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 by adequately and effectively warning end users who are at risk caused by the non-conformity of the product , 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 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. in accordance with article 33 , manufacturers shall immediately alert consumers of the risk to their health and safety , presented by a product they manufacture , through clear and targeted information in their national languages , including but not exclusively using digital means.


### 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 a dangerous 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.


### 1. a manufacturer may , by a written mandate , appoint an authorised representative. ### 1. a manufacturer not established in the union shall , by a written mandate , appoint an authorised representative.


### 1. a manufacturer may , by a written mandate , appoint an authorised representative. ### 1. where a manufacturer is established outside of the european union , it shall , by a written mandate , appoint an authorised representative.


### 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 reasoned request , with all information and documentation necessary to demonstrate the safety of the product , including the mandate agreed with the manufacturer , 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 a reason to believe that a product in question presents a risk , inform the manufacturer without undue delay , notify the product via the safety business gateway and make reasonable efforts to mitigate the risk;


### where they have a reason to believe that a product in question presents a risk , inform the manufacturer; ### where they have a reason to believe that a product in question presents a risk , inform the manufacturer and notify the product via the safety business gateway;


### 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 5(a) , 6 , 8 (4) , (6) , (7) and (8).


### 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 , 5a and 6 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 product is not safe , the importer shall inform the manufacturer and the manufacturer’s authorised representative , and ensure that the market surveillance authorities are informed.


### 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 the 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.


### 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 , 5(a) and 6 and its conformity with article 8 (6) and (7).


### 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 register referred to in article 8(2) , first subparagraph and in their own register. importers shall keep the manufacturer , the authorised representative 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 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 register referred to in article 8(2) , first subparagraph , and in their own register. importers shall keep the manufacturer and distributors 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 manufacturer and 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 the manufacturer’s authorised representative , 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 , through the safety business gateway referred to in article 25 , immediately alert market surveillance authorities of the member states in which they made the product available giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. in accordance with article 33 , importers shall immediately alert consumers of the risk to their health and safety , presented by a product they made available , through clear and targeted information in their national languages , including but not exclusively using digital means.


### 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 , 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 health and safety of consumers and of any corrective measure already taken.


### 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) for the lifespan of the product that consumers may reasonably expect and , in any case , for a period of at least 10 years after they have placed the last batch of 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) 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) for a period at least 10 years after they have placed the product on the market and make it available to the market surveillance authorities , upon request. for a product whose lifespan is longer than ten years , this period shall be extended to cover the lifetime of the product.


### 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 , 5 (a) , 6 , 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 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 5 (a) , 6 , 8(6) , (7) and (8) and article 10(3) and (4) , as applicable.


### 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 , 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 , the importer , and the authorised representative , 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.


### 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 , 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 5 , 5(a) , 6 , 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 , the importer and the authorised representative , 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.


### 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 ensure that they have internal processes for product safety in place , allowing them to respect the general safety requirement laid down in article 5. these internal processes shall be regularly audited by market surveillance authorities and , when appropriate , by independent auditors.


### 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 ensure that they have internal processes for product safety in place , allowing them to respect the general safety requirement laid down in article 5. these internal processes shall be subject of independent audit reports , which shall be made publicly available by the economic operators.


### 1. economic operators shall cooperate with market surveillance authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators. ### 1. economic operators shall cooperate with market surveillance authorities and , where relevant , with other authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.


### 1. economic operators shall cooperate with market surveillance authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators. ### 1. economic operators shall cooperate with market surveillance authorities , and where relevant with other authorities , regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.


### 1. article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall also apply to products covered by this regulation. for the purposes of this regulation , references to “union harmonisation legislation” in article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall be read as “regulation […]”. ### 1. article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall also apply to products covered by the union harmonisation legislation and by this regulation. for the purposes of this regulation , references to “union harmonisation legislation” in article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall be read as “regulation […]”.


### 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:


### 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 european injury database , 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 or require independent third-party conformity assessment , when necessary.