No C 117/4 Official Journal of the European Communities 11.5.85 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Decision introducing a Community system of information on accidents 
in which consumer products are involved 
COM(84) 73 5 final 
(Submitted by the Commission to the Council on 16 January 1985) 
(85/C 117/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 235 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the preliminary programme of the European 
Economic Community for a consumer protection and 
information policy annexed to the Council resolution of 
14 April 1975 (') stresses that products offered to 
consumers must be such that, under normal or fore­
seeable conditions of use, they present no risk to their 
health or safety; whereas, in the event of their presenting 
such risks, there should be special rules or appropriate 
procedures for informing the consumer thereof, 
improving the conditions of use and the features of the 
products or withdrawing them from the market; 
Whereas, pursuant to Council Decision 81/623/EEC of 
23 July 1981 on the implementation of a pilot experiment 
relating to a Community system of information on 
accidents involving products outside the spheres of 
occupational activities and road traffic (2), the 
Commission and the Member States have carried out a 
pilot experiment over a period of 30 months which has 
shown the feasibility of collecting information primarily 
from hospital casualty departments and secondarily from 
other sources; 
Whereas it may be concluded from this that it is possible 
and desirable for the Community to set up a system to collect information on the various aspects of the safety of 
products where they are involved in accidents and parti­
cularly on the respective roles of the product, the victim 
and their surroundings at the time of the accident and 
that this information is of major importance for the 
protection of the consumer; 
Whereas it is appropriate to provide for an obligation on 
the Member States to collect and forward information to 
the Commission; 
Whereas, on the basis of this information, it will be 
possible to carry out or coordinate detailed studies 
concerning the most frequent and/or serious accidents 
with a view to promoting improvements in product 
features, their standards, their proper use by consumers 
and consumer information and education aimed at 
preventing accidents; 
Whereas the results of the system would enable the 
Commission to put forward any suitable proposal aimed 
at achieving the objectives of the system; 
Whereas information received under the European 
Communities' programme of action on toxicology for 
health protection (5) could be integrated into the system; 
Whereas a documentation and information centre should 
be set up where interested parties will have access to the 
non-confidential documents collected by the system; 
Whereas in this context it is essential to maintain the 
necessary contacts with the various parties able not only 
to provide information on product safety but also to play 
0) OJ No C 92, 25. 4. 1975, p. 1. 
O OJNoL229, 13.8. 1981, p. 1. C) OJ No C 156, 16. 6. 1984, p. 6. 
11.5.85 Official Journal of the European Communities No C 117/5 
a decisive role in accident prevention, whether public 
authorities, manufacturers, traders or product users; 
Whereas it is desirable to designate in each Member 
State the authority responsible for ensuring the smooth 
functioning of the system and the necessary coordination 
at Community level; 
Whereas it is necessary under the system to ensure 
observance of the basic rights and principles set out in 
the Joint Declaration of 5 April 1977, the basic rights 
and principles laid down in the Council of Europe 
Convention of 28 January 1981 for the protection of 
individuals with regard to automatic processing of 
personal data and the confidentiality of data relating to 
the firms concerned; 
Whereas a Community information system appears 
necessary in order to achieve one of the objectives of the 
Community in the field of consumer protection and the 
provision of information to consumers; whereas the 
Treaty has not made provision for the specific powers 
which are required to attain these objectives, 
HAS ADOPTED THIS DECISION: 
Article 1 
1. A Community system of information on accidents 
in which consumer products are involved, hereinafter 
referred to as 'the system', shall be set up with the 
objectives of collecting data on consumer accidents with 
a view to promoting accident prevention, improving the 
safety of consumer products and informing and 
educating consumers so that they make better use of 
products. 
2. This Decision shall apply to all products intended 
for use by consumers except: 
(a) products intended for professional use at places of 
work; 
(b) products used in the sphere of road traffic. 
Article 2 
1. Under the system the Commission shall compile 
information on the various aspects of the safety of 
products where they are involved in accidents, and par­
ticularly on the respective roles of the product, the victim 
and their surroundings at the time of the accident. 
2. Member States shall be required to supply the 
Commission with the information it requests them to 
collect pursuant to Article 3(1). 
Article 3 
1. Information shall be obtained from the following 
sources on the basis of common criteria set by the 
Commission in cooperation with the Member States : (a) hospital casualty departments selected by the 
Commission with the agreement of the Member 
States in which they are situated as being represen­
tative of the national situation. 
(b) national systems for accident data collection, where 
they exist, 
(c) the victims themselves, through detailed interviews or 
visits to their homes by employees of the competent 
national authorities designated pursuant to Article 5. 
2. Information may also be obtained, where appro­
priate, from: 
(a) family doctors, 
(b) poison antidote centres, 
(c) the national authorities responsible for registering 
death certificates, 
(d) fire brigades outside of places of work, 
(e) insurance bodies and companies, 
(f) consumer associations, 
(g) manufacturers and associations thereof, 
(h) research bodies or scientific associations, 
(i) any other source of information. 
In so far as the Commission administers other infor­
mation programmes under other Community instru­
ments, the system will, should the need arise, use data 
from them. 
Article 4 
The Commission shall be responsible for the use made of 
the information compiled pursuant to Article 1. Such use 
may include carrying out detailed studies concerning the 
most serious and/or most frequent accidents. 
Article 5 
Each Member State shall designate and inform the 
Commission of the name(s) and address(es) of the 
national authority responsible for collecting and 
transmitting information pursuant to Article 2 and 3. 
Article 6 
The Commission and the Member States shall ensure 
that, during the process of collecting and forwarding 
information, any identifying details shall be removed so 
that the identity of the victims shall remain confidential. 
No C 117/6 Official Journal of the European Communities 11.5.85 
Article 7 Article 9 
A documentation and information centre shall be set up 
where interested parties will have access to the non­
confidential documents collected by the system. 
Article 8 
The Commission shall submit an annual report to the 
Council, to the European Parliament and to the 
Economic and Social Committee on the functioning of 
the system. The Commission shall, where appropriate, exchange 
statistical information with the authorities responsible for 
information systems in other non-member countries. 
Article 10 
This Decision is addressed to the Member States. 
Proposal for a Council Regulation amending Regulation (EEC) No 3599/82 on temporary 
importation arrangements, as regards the date of its implementation 
COM(85) 173 final 
(Submitted by the Commission to the Council on 25 April 1985) 
(85/C 117/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 28, 43 
and 235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 34 of Council Regulation (EEC) No 
3599/82 (') stipulates that the Regulation shall be 
implemented one year after the adoption of the 
implementing provisions which will be adopted for 
Articles 7 (2), 10 (2), 20 (d), 21 (3) and 24 (2); whereas 
the implementing provisions were adopted by 
Commission Regulation (EEC) No 1751/84 (2) on 13 
June 1984; whereas, in consequence, Regulation (EEC) 
No 3599/82 should be implemented from 13 June 1985; 
Whereas numerous difficulties have been encountered in 
connection with the establishment of the new 
0) OJ No L 376, 31. 12. 1982, p. 1. 
(2) OJ No L 171, 29. 6. 1984, p. 1. arrangements introduced by Regulation (EEC) No 
3599/82; whereas it is essential that this Regulation be 
implemented as smoothly as possible and it is therefore 
necessary to postpone the date of implementation of 
Regulation (EEC) No 3599/82 to 1 January 1986, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 34 of Regulation (EEC) No 3599/82 is hereby 
replaced by the following: 
Article 34 
This Regulation shall enter into force on 1 January 
1983. It shall be implemented on 1 January 1986. 
Authorizations granted pursuant to national 
provisions before 1 January 1986 shall be revoked no 
later than two years after that date if they cannot be 
retained on the basis of this Regulation.' 
Article 2 
This Regulation shall enter into force on 13 June 1985. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.