22. 12. 79 Official  Journal  of the  European  Communities No C 321/7 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for Council  Decision  introducing  a Community  system  for the rapid  exchange  of 
information  on dangers  arising  from  the use of consumer  products 
(Submitted  by the Commission  to the Council  on 11 December  1979) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  in particular  Article 
235 thereof, 
Having  regard  to the proposal  of the Commission, 
Having  regard  to the  opinion  of the  European  Par-
liament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas,  pursuant  to the  preliminary  programme  of 
the European  Community  for a consumer  protection 
and information  policy  ('), products  offered  to 
consumers  must  be such  that  when  used  in normal 
and foreseeable  conditions  they  present  no risk  to 
health  and  safety;  whereas,  where  such  a danger 
exists,  suitable  measures  should  be introduced  for 
informing  consumers  thereof,  improving  the 
conditions  of use  of the  products,  or withdrawing 
them  from  the  market  by quick  and  simple  pro-
cedures; 
Whereas,  in cases  where  it is noted  that  consumer 
products  marketed  in several  Member  States  of the 
Community  may  endanger  the  health  and  safety  of 
users  in such  a way  that  the rapid  implementation  of 
appropriate  measures  is called  for,  means  should  exist for the rapid  exchange  at Community  level  of infor-
mation  concerning  such  products  and  to this  end  an 
organized  system  should  be established; 
Whereas  an information  system  of this  type  would 
appear  necessary  to achieve  one  of the  Community's 
objectives  as regards  the  protection  and  information 
of consumers,  and  whereas  the  Treaty  makes  no 
provisions  for such  powers; 
Whereas  when  certain  products  are subject  to specific 
Community  provisions,  this  exchange  of information 
must  be carried  out  within  the  framework  of the 
application  of such  provisions; 
Whereas  there  is a very  wide  variety  of consumer 
goods  and  of uses  to which  they  can  be put,  both 
privately  or  communally;  whereas  only  a non-
exhaustive  list  of the  product  categories  concerned 
can be given;  whereas  it is necessary  to exclude  their 
use for  professional  purposes  which,  moreover,  does 
not really  meet  the  objects  of the  preliminary 
programme  for  a consumer  protection  and  infor-
mation  policy; 
HAS  ADOPTED  THIS  DECISION: 
Article  1 
(') OJ No C 92, 25. 4. 1975,  p. 1. Any Member  State  noting  that  on its territory  a 
consumer  product  or a batch  of this  product,  used  in 
No C 321/8 Official  Journal  of the  European  Communities 22. 12. 79 
normal  and  foreseeable  conditions,  marketed  in one 
or more  Member  States  of the  Community,  presents 
an immediate  and  acute  risk  to the  health  or safety  of 
users  shall  immediately  inform  the  other  Member 
States  likely  to  be  affected,  as  well  as  the 
Commission,  without  prejudice  to  Community 
provisions  relating  to specific  products. 
To facilitate  the  adoption  of a decision  by the  other 
Member  States  and,  if applicable,  the  adoption  of 
appropriate  measures  by the  Commission,  the  infor-
mation  forwarded  shall  contain  all  relevant  data 
concerning  the  type  of product  involved,  its charac-
teristics,  the nature  and  gravity  of the  risks  noted  and 
details  of the  measures  taken  or to be taken  by the 
Member  State  concerned. 
At the  request  of the  Member  State  concerned,  the 
content  of the  information  notified  may  be treated  as 
confidential. 
Article  2 
For the  purposes  of this  decision,  consumer  products. 
means  all articles  such  as: 
— food  products  for human  consumption; 
— household  appliances,  including  those  for  'do-it-
yourself',  gardening,  games  or sports; 
— pharmaceutical  products,  cosmetics,  chemicals, 
textiles  and  toys; 
— motor  vehicles,  bicycles,  motor  cycles  or other 
machines  used  for transport. However  all products  intended  for  professional  use 
are excluded  from  the  field  of application  of this 
Decision. 
Article  3 
Member  States  shall  notify  to  the  Commission 
without  delay  the  measures  they  have  taken  or those 
which  they  intend  to take  following  receipt  of the 
information  referred  to in Article  1. 
Article  4 
Each  Member  State  shall  designate  one  or more 
national  authorities  to forward  or receive  the  infor-
mation  referred  to in Articles  1 and  3. 
Article  5 
The Member  States  shall  put  into  effect  the necessary 
measures  to comply  with  this  Decision  within  six 
months  from  the  date  of its notification  and  shall 
inform  the Commission  thereof  without  delay. 
Article  6 
This  Direction  is addressed  to the Member  States.