No C 146/8 Official Journal of the European Communities 3. 6. 88 
II 
(Preparatory Acts) 
COMMISSION 
Report from the Commission on the system for the rapid exchange of information on dangers 
arising from the use of consumer products in accordance with Article 8 (2) of Council Decision 
84/133/EEC 
COM(88) 121 final 
(Submitted by the Commission on 12 March 1988) 
(88/C 146/08) 
I. Introduction 
The Commission has prepared this report in order to comply with its obligations under Article 
8 (2) of the Decision which created the system. The Decision setting up the system was enacted 
for a period of four years and it was established that before the end of that period, the 
Commission, in the light of the experience obtained would present a report with proposals on 
the basis of which the Council might decide upon the continuation or revision of the system. 
Before the expiration of that term and in the second year of operation of the system, the 
Council requested the Commission to present an interim report on the working of the system. 
This report (COM(86) 562 final) was approved by the Commission on 24 October 1986 and 
presented to the Council held on 29 October 1986. The Council in its conclusions welcomed 
the report of the Commission, underlined the importance of the system, endorsed the efforts 
made by the Commission for the operation and the improvement of the system and recom­
mended that the Member States make full use of the network. 
The Consultative Committee set up by the Decision assisted the Commission in the preparation 
of the present report and expressed itself broadly in favour of its contents and conclusions. 
II. Background 
The preliminary programme of the European Community for a consumer protection and infor­
mation policy (') contained among the principles applicable in the field of protection of health 
and safety of consumers, one which stated that 'goods and services offered to consumers must 
be such that, under normal or foreseeable conditions of use they present no risk to the health 
or safety of consumers. There should be quick and simple procedures for withdrawing them 
from the market in the event of their presenting such risks'. 
The second programme of the European Community for a consumer protection and infor­
mation policy (2) retained the same principle. In that programme the Commission indicated that 
in order to comply with this and the other principles 'the fullest and most objective information 
possible must be available on the various aspects of product safety'. The Commission therefore 
proposed the creation of two systems: a long-term surveillance system (EHLASS) designed to 
collect information on accidents other than traffic and work accidents and a short-term alarm 
system designed to cope with serious and immediate dangers: this is the Rapid Exchange 
System. Thus, the creation of the system represents a contribution towards the achievement of 
the abovementioned principle: consumer products put onto the market should present no risk 
to the health and safety of consumers. In the second programme it was stated that the system 
O OJ No C 92, 25. 4. 1975, p. 1. 
0) OJ No C 133, 3. 6. 1981, p. 1. 
3. 6. 88 Official Journal of the European Communities No C 146/9 
would enable the responsible authorities to take necessary measures promptly to ensure public 
safety. The fulfilment of these objectives constitutes the long-term aim of the system which 
should be achieved with the adoption of a general consumer safety directive. For the time being 
and with its present structure the system is only a first step in the creation of a full horizontal 
approach to product safety which would include Community adoption of safety measures. 
III. Operation of the system 
The Rapid Exchange System is used as a general short term surveillance and alarm system 
designed to cope with serious and immmediate dangers. Member States notify through this 
system measures taken by them to prevent, restrict or attach particular conditions to the 
marketing or use or possible marketing or use on their territory of products because of the 
serious risk which those products present for the health or safety of consumers when used in 
normal and foreseeable conditions. 
The system operates in accordance with the detailed procedures approved by the Commission 
on 31 July 1985 as provided for under Article 4 of the Decision. Member States set up contact 
points responsible for transmitting and receiving notifications from the Commission. The 
Commission itself also has a contact point for food products and a contact point for non-food 
products. Whenever a Member State adopts a measure to prevent, restrict, or attach particular 
conditions to the marketing or use of consumer products because of the risks they pose to 
consumers, it must notify the Commission. Standard forms have been jointly introduced by the 
Commission and the Member States for each sector, food and non-food. They are destined to 
serve as models for data to be communicated. The Commission, in turn, transmits that infor­
mation to the other Member States, in order that they may take appropriate action in their 
territories. All Member States must report to the Commission on the action they have taken. It 
is especially provided for under the Decision that, 'whenever possible, the producer, distributor 
or importer of the product shall be consulted'. Prior consultation is not only a valuable means 
of checking the available information but has also a very positive preventive effect: producers 
and importers may voluntarily take action by recalling or withdrawing products when 
approached by the competent authorities even in cases in which the risk is not established to an 
extent that would allow action to be taken by Member States. Prior consultation also avoids 
unnecessary conflict between producers or importers and the authorities. 
Article 2 of the Decision establishes that the system covers all products intended for use by 
consumers except those intended exclusively for professional use and those which under other 
Community instruments are the subject of equivalent notification procedures. Food products 
fall within the field of application of the Decision. The informal Rapid Exchange System for 
foodstuffs, already in operation from 1978, has been maintained following the declaration 
inserted in the minutes of the proceedings of the Council meeting where Decision 84/133/EEC 
was adopted. 
The food products network operates with the following structure: 
— a network of points of contact which consists of responsible persons from the food-
products sector of Member States and of the Commission, 
— a 'red' telephone, that is a direct line installed in the relevant 'food-products' service at the 
Commission as well as a telex link used by the contact point in each Member State to send 
information directly to the Commission. The Commission evaluates the information 
received and is able to automatically transmit the message received to the other contact 
points. 
The above situation is reflected in paragraph 1 of the detailed procedures which state: 
'food products are also covered by the Council Decision. However, since the informal system 
set up some years ago in this sector functions satisfactorily it should be maintained and the 
names, addresses and telephone and telex numbers of the persons responsible for transmitting 
and receiving information remain unchanged. In practical terms, the existing system therefore, 
continues as before.' 
No C 146/10 Official Journal of the European Communities 3. 6. 88 
Consequently, all legal obligations deriving from the Decision are equally and without any 
distinction applicable to food and non-food products. The necessary coordination between 
both networks is assured and notifications received by each network are exchanged. 
The Decision created a Consultative Committee which assists the Commission in the 
implementation and the management of the system. The Consultative Committee has met eight 
times since its creation. Recently, its field of activity has been enlarged by the adoption by the 
Council of Directive 87/357/EEC on dangerous imitations ('), which in Article 4 provides that 
the Committee may be consulted in connection with the application of the Directive, at the 
request of the Commission or of a Member State. 
As a result of discussions held in the Consultative Committee, the Commission asked Member 
States to provide information on how they dealt with notifications received through the system. 
The information received shows that the way notifications are dealt with varies considerably 
between Member States, owing to differences in the responsibilities, powers and structures of 
the authorities responsible. However, in general terms, all Member States follow the following 
steps: 
1. The contact point in the national authority designated under Article 5 (normally a Ministry) 
decides which other Ministry or Ministries are competent to deal with the notification. If 
there is no other body to accept the file, it is dealt with by the national authority itself 
(Belgium, Denmark, Greece). 
2. A check on the market is then carried out to ascertain whether the product is on sale. In 
Portugal, enquiry is also made of the customs department to know if there is any record of 
the product being imported. In the case of certain countries (Belgium — for certain product 
areas — Greece, France, Ireland, Italy, Luxembourg, Netherlands, Portugal, United 
Kingdom) the national authority has at its disposal an inspectorate which is able to make 
this check throughout the territory of the Member State. 
3. If and when the notified product is found on sale, most countries have it tested for the 
reported danger in an official or officially approved laboratory. If the danger is confirmed, 
subsequent action depends on the legal powers available. 
4. In certain countries (Denmark, Federal Republic of Germany, Greece, Spain, France, 
Ireland, Italy, Luxembourg, Portugal, United Kingdom), any consumer product can be 
either temporarily blocked or banned as appropriate. In others (Belgium, Netherlands), this 
power only extends to certain categories of products which causes problems when action 
needs to be taken concerning non-regulated products. In the Netherlands no power exists to 
order withdrawal of stocks from the market, but the products may be blocked at wholesalers 
or seized. In the Federal Republic of Germany the power to block has certain limitations 
concerning the withdrawal of products from shops. 
No Member State has adopted any regulation specifically to implement Decision 
84/133/EEC, although Spain and Greece have such a measure in preparation, which 
includes the setting up of a similar network at national level linking regional and national 
authorities. 
5. As concerns the closing of the file, two approaches exist. One is that the file can be closed 
either after a search has revealed that the product is not being sold or that, if found, 
adequate measures (including decisions not to take action) have been taken (Germany, 
Denmark, France, Ireland, Italy, Luxembourg, Netherlands, Portugal). The other is that the 
file can never be formally closed (Belgium, Greece, Spain, United Kingdom) because the 
product can appear/reappear at a later date. 
These two approaches are not necessarily incompatible because, even if a file is theoretically 
'closed', a fresh report of the presence of the product on the national territory will bring it 
alive again. 
(•) OJ No L 192, 11. 2. 1987, p. 49. 
3. 6. 88 Official Journal of the European Communities NoC 146/11 
IV. Equivalent systems 
(a) Pharmaceutical products 
Pursuant to Council Directive 75/319/EEC ('), as amended by Directive 83/570/EEC (2), 
Member States are obliged to exchange all appropriate information needed to guarantee the 
quality, the safety and efficiency of medicinal products (Article 30) and to inform the 
Committee for proprietary medicinal products immediately of any steps to prohibit, to 
withdraw from sale or to suspend a proprietary medicinal product from the market. 
In the case of an emergency this information is systematically exchanged through a network of 
contact persons in the 12 Ministries of Health and in the Commission Service III/B/6 
responsible for pharmaceutical products. The list of contact persons is updated in the 
Committee for Proprietary Medicinal Products. Most of the urgent information is transmitted 
by telex or telefax. 
This information is subsequently examined by the Committee for Proprietary Medicinal 
Products which holds plenary meetings every two months and special meetings whenever they 
are required. Medicines examined under the drug-monitoring heading are the subject of data 
sheets in which their status in the 12 Member States is described. These sheets are inserted in a 
document which is updated every two months. 
As an example, the document compiled on 13 October 1987 (111/457/86 Rev. 11) describes the 
current situation of 17 medicines and was distributed in confidence in November 1987 to 
Member States' representatives. 
The exchange of this information could be facilitated by the use, within the next two years, of 
computer-based systems. 
(b) Animal Diseases Notification System (ADNS) 
Pursuant to Article 9 of Directive 64/432/EEC, it is provided that Member States may take 
certain measures to safeguard their herds from serious animal diseases which occur in other 
Member States. This system is designed to deal with purely animal health problems. 
When such measures are taken, the Commission coordinates action throughout the 
Community. In order to carry out this function, an intensive exchange of information on 
disease outbreaks between the Commission and the Member States takes place (about 40 to 50 
cases per week). A computer-managed programme based on telex transmission of disease data 
was introduced in 1985. An Interactive Data Entry System (IDES) has now been developed 
which allows Member States to enter their own data directly into the Commission computer 
and receive reports from the rest of the Community. 
V. Evaluation 
The Commission indicated in the Interim Report of 1986 that certain shortcomings in 
compliance with the Decision had been observed during the starting up phase. In particular it 
was stated that not all cases meeting the criteria for notification had been reported to the 
Commission. A problem not noted in the Report was that notifications received did not always 
contain sufficient information for the products to be easily identified on the market. It was also 
indicated that Member States did not always inform the Commission of the action taken 
following the reception of information. One year later it can be said that a certain 
improvement has taken place as regards these matters. The number of notifications has 
increased during 1987 perhaps as a result of the increased awareness of the system on the part 
of national officials in the various ministries. Also as regards reporting to the Commission of 
(*) OJ No L 147, 9. 6. 1975. 
O OJ No L 332, 28. 11. 1983. 
No C 146/12 Official Journal of the European Communities 3. 6. 88 
action taken following notification a change is visible in most Member States although the level 
of reporting cannot still be considered as satisfactory. Informal contacts between contact points 
before and after the notifications have also played a valuable role in the management of the 
system. Although there is still much room for improvement it seems quite clear that the system 
is moving in the right direction and will continue to improve. 
A list of the notifications received, both food and non-food, between March 1985 and 31 
December 1987 is annexed (Annexes II and III) (1). It will be noted that of the non-food cases, 
approximately 50 % are electrical goods. Fortunately, of the 18 notifications involved, only one 
directly concerns children. This predominance of electrical products can be explained by the 
fact that imported electrical goods are normally subject to testing to ascertain whether they are 
in conformity with the Community 'low voltage' directive. The existence of standards in this 
field results in a proportionately high level of rejections compared with product areas which are 
less regulated. Whether such rejected products should automatically be regarded as presenting 
a serious and immediate danger to the public is a matter which merits further consideration. 
Of the non-food notifications listed, it is of interest that about 50 % originate in non-
Community countries, both European and others. 
It would be overly fastidious to review all the food-sector cases occurring during these last four 
years; it will suffice to be reminded of the more important cases such as that of the prawns, the 
problems with wine and the effects of Chernobyl, to realize the usefulness and efficiency of the 
system. 
More recently the contamination of cheese by listeria has created serious problems and has 
drawn wide attention throughout the Community. The exchange of information through the 
system, supplemented with other actions taken in connection with agricultural policy, has 
allowed Member States to dispose of very valuable information in order to deal with this 
hazard. 
As far as Chernobyl is concerned, it is solely thanks to this system that since 6 May 1986, the 
Commission has adopted recommendation 86/156/EEC relating to the coordination of 
national measures taken in respect of agricultural products as a result of radioactive fallout 
from the Soviet Union (2). 
At the present time, it is still the foodstuffs sector which assures mutual information between 
Member States and the Commission on the level of radioactivity in agricultural products, 
although it had not been foreseen that this system would be used for cases involving radio­
activity following nuclear accidents. 
The foodstuffs network is especially characterized by its great flexibility. It has developed, over 
the course of the years, a cohesion between the different points of contact and a feeling of 
responsibility which ensures that the exchanges are frequent, regular and not just as a result of 
notification, in such a way that it is not always necessary to release official warnings. The 
network allows for a collegial cooperation which goes well beyond the strict implementation of 
a legal act and provides opportunities for mutual help. 
At the time of adopting the Decision is was thought that a more precise definition of what was 
meant by serious and immediate danger could be adopted after the four years of operation of 
the system. The matter has been discussed at length in several meetings of the Consultative 
Committee. There exists two approaches to the problem: 
O OJ No C 124, 11. 5. 1988. 
(2) OJ No L 118, 7. 5. 1986. 
3. 6. 88 Official Journal of the European Communities No C 146/13 
1. the first one considers that the absence of a definition may sometimes prevent Member 
States from notifying certain cases because they cannot consider the danger posed to 
consumers as serious or immediate. It has been pointed out to the Commission that certain 
measures of withdrawal of products taken by the competent authorities for the application 
of electric appliances legislation could not be notified because the nature of the risk they 
posed to consumers was not serious nor immediate. According to this approach very 
pragmatic and clear guidelines for the interpretation of 'serious and immediate' should be 
approved by the Committee in order to widen the scope of the cases notifiable under the 
system; 
2. the second approach considers that a certain degree of flexibility is needed for the operation 
of the system. The definition of danger as well as the opposite definition of safety poses 
considerable problems. The concept of safety is a changing one and products which were 
considered safe ten years ago are now deemed to be unsafe. A flexible approach would 
allow authorities in the Member States and in the Commission to judge on a case by case 
basis. 
In view of the technical difficulties which have arisen every time that the problem of the defi­
nition of serious and immediate has been discussed, the Commission considers that a precise 
definition should not be introduced in the text of the Decision but should be tackled by means 
of guidelines issued by the Consultative Committee which could be easily modified in the light 
of experience. 
The notification of voluntary measures taken by producers or importers equivalent to those 
included in Article 1 of the Decision is also an important subject. Very often products are 
recalled or withdrawn from the market by voluntary action of producers or importers either as 
a result of contacts with authorities or at their own initiative. Notification of these types of 
measures is important as products may be withdrawn in one Member State but continue to be 
sold in another without knowledge of the competent authorities. 
Member States and the Commission considered at the time of adoption of the Decision that 
the obligation to provide information thereunder would extend to voluntary action taken by 
producers or importers if such action was taken at the instigation of national authorities. 
After four years of operation of the system, the Commission considers this to be a good 
solution. The Commission is aware that in some cases the disclosure of measures taken, even if 
that disclosure is not made public and is restricted to national authorities, leads importers and 
manufacturers not to take any measures for fear that their reputation on the market may be 
seriously damaged. The fact that there is no binding obligation to notify voluntary measures 
not taken at the instigation of the authorities does not prevent Member States from notifying 
these measures. It should be noted that a large part of the notifications received consist of 
voluntary measures. Here again the Commission feels that there is no need to introduce any 
changes in that respect which, if appropriate, should be made in the light of the consideration 
given to voluntary actions in the announced general consumer safety directive. 
The Commission announced in its communication on safety of consumers in relation to 
consumer products of 8 May 1987 [COM(87) 209 final] the preparation of 'a proposal for a 
general directive on consumer safety in relation to consumer products'. Such a directive will, of 
course, have a close link to the Rapid Exchange System which, as it has been said in II above, 
is a first step towards a horizontal approach to consumer safety at Community level. The 
services of the Commission are presently working in the preparation of a draft directive and it 
is expected that a proposal will be submitted to the Council in the course of 1988. The 
solutions given in that proposal to the problems will have an effect on the functioning of the 
Rapid Exchange System. 
The Commission is, at present, making an effort to coordinate, in so far as possible, and to 
improve the technical operation of the rapid information systems existing or to be created in 
the fields of environment, accidents at work and civil defence. The results of the research being 
done at present will basically deal with the technical features of the system. 
No C 146/14 Official Journal of the European Communities 3. 6. 88 
The recent adoption by the Council of Decision 87/600/Euratom of 14 December 1987 on 
Community arrangements for the early exchange of information in the event of a radiological 
emergency (') constitutes a very important step and will, through the coordination of the 
various systems, allow information concerning radiological emergencies which in some cases 
may affect consumer products to be fed into the system. A short description of the new system 
is attached as Annex IV. 
VI. Conclusions 
The Commission considers, at it already stated in its interim report, that the system has proved 
its functioning capacities and efficiency. The system has proved its usefulness as a warning 
system and as an instrument of crisis management through the various crises which the 
Community has had to face since its creation. 
The system will also, as the number of notifications increases, provide a valuable instrument for 
the prevention of accidents involving consumer products by focusing attention on those 
products or categories of products which have been the subject of frequent measures in 
Member States and, as a result, by establishing priorities for action, both at Member State and 
Community level. 
The fact that the general consumer safety directive and the Rapid Exchange System are closely 
linked makes it advisable not to introduce at this point in time any changes in the Decision. 
The solutions given in the general consumer safety directive to the various problems in the field 
of safety will undoubtedly affect the functioning of the Rapid Exchange System. This is why 
the Commission considers that the period of validity of the Decision should be extended for six 
more years, a reasonable term to allow the adoption by the Council of the general consumer 
safety directive. 
Accordingly, the Commission submits this report to the Council with a proposal for a decision, 
attached as Annex I. 
0) OJ No L 371, 30. 12. 1987, p. 76. 
Amended proposal for a Council Decision on a Community action in the field of learning 
technology (') DELTA (Developing European learning through technological advance) 
COM(88) 166 final 
(Submitted by the Commission pursuant to the third paragraph of Article 149 of the Treaty on 
24 March 1988) 
(88/C 146/09) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130Q 
(2) thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
C) OJ No C 265, 5. 10. 19S7, p. 28. Whereas the Community has as its task, by establishing a 
common market and progressively approximating the 
economic policies of Member States, interaction to 
promote throughout the Community a harmonious 
development of economic activity and close relations 
between the Member States; 
Whereas education and training will play a decisive role 
in the future economic development of the Community, 
and whereas advanced information and telecommuni­
cations technologies offer new and more effective means 
to support learning activities;