PROPOSAL FOR A COUNCIL DECISION AMENDING DECISION 86/138/EEC CONCERNING A DEMONSTRATION PROJECT WITH A VIEW TO INTRODUCING A COMMUNITY SYSTEM OF INFORMATION ON ACCIDENTS INVOLVING CONSUMER PRODUCTS AND FIXING THE FINANCIAL ALLOCATION FOR THE LAST TWO YEARS OF ITS OPERATION
Date: 1989-11-08
Institutions: European Commission
Subjects: consumer information, product safety

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM  (89) 550  final 

Brussels,  8 November  1939 

Proposal  for a 

COUNCIL  DECISION 

amending  Decision 86/138/EEC 
concerning a demonstration project with a view to 
Introducing a Community system of information 
on accidents involving consumer products 
and fixing the financial allocation for the 
last two years of its operation 

(presented by the  Commission) 

Rxplamtory Tnemorandimi 

Council Decision  66/138/EEE of 22 April 1966 on the EHLASS project 
provided for a five-year period of operation from 1 December 1985 and 
tfX[)Mr1.inflntft1 demonstration of a system which  rmy"\A later r^yyfne permanent 
depending an the results of the experiment; the system vas rf'^jfoyl to 
ooUeot Information an home and leisure accidents involving consumer 
products in order to prepare the neoessary preventive measures. 

The Council was to decide on the budget for the last two years on the basis 
of the experience acquired In the first two years. 

One basic data was to be as representative as possible of the situation at 
national and Community level. 

A baslo system was set up for the collection of data from the casualty 
departments of selected hospitals in each Member State, although 
alternative sources regarded as équivalent were allowed.  Only one 
Member State made use of the alternative by using direct household surveys 
as its source of information. 

Each Member State collected the information and notified it to the 
Commission, but the management of the project, Including the exploitation 
of the information, was the Commission's responsibility. 

As regards implementation of the system it must be pointed out that: 

the Commission presented to the Council on 23 January 1969 the report 
provided for in Article 3 of Council Decision 66/136/EEC.  The report 
mentioned a number of factors to be taken into account in adjusting the 
project and the funds to be set aside for the period 1990-91; 

although the project was set to start an 1 December 1965 only in early 
1967 did contributions of substance start to arrive, despite the fact 
that not all the Member States had Joined the system by then; 

the only two-year period for which data was received for the purposes 
of the system was 1967-68.  Hiring that period 663 934 accidents were 
reported to the EHIASS system and some further 63 000 oases are 
expected for that period.  Although no comparative analysis can be 
carried out for those two years since the samples were not equivalent 
(in January 1967, 22 hospitals were Involved; in Deoember, 
58 hospitals), a report, "Summary of Data 87-68\ is being distributed 

I 

- 2 -

within the Commission; it sets out a broad, overall analysis of the 
data in question; 

a number of Mfrnhftr States have prepared (or continued  to prepare) 
annual reports on the basis of national data.  This exploitation at 
national  level has proved useful and provides an overall idea of the 
scope of the problem together with other sources of information; above 
all it serves as a  "pointer" to areas in which more detailed specific 
investigations have revealed the need for spécifie preventive measures; 

1969 is regarded as a transitional  year with a view to continuing the 
demonstration project for the two remaining years and to enable us to 
draw major, significant conclusions before taking a decision. 

The results obtained have shown that the following should be regarded as 
fundamental to continuation of the demonstration project: 

Generally speaking systems for the collection of data from hospital s at 
national level - their design, operation and exploitation being 
harmonized at national  level - are considered useful (with the 
assistance of other existing sources of information or as a guide to 
more detailed investigation; with a view to the sound management of 
policies an product safety and consumer protection at national  and 
ultimately consumer Community level. 

-i 

We must look into the continuing exploitation of hospital data 
collection systems and other sources of Information at national and 
Community level.  More particularly, the experience of one Member State 
with direct household surveys has shown that this technique may be 
used: 

in exceptional circumstances to extend the results of hospital 
data collection (including their links with other souroee) and 
obtain complete  pictures of the situation to be updated in the 
medium term; 

as a basis to orient preventive policies.  If there were no 
permanent hospital data collection systems this would be required 
more frequently. 

The assessment and exploitation of the data concerning consumer safety 
vis a vis products must be performed first of all and as soon as 
possible at national level.  Harmonized bases should be set up to 
provide for oomparisons and utilization of the results by other 
Member States and in particular to provide for final, overall 
exploitation or exploitation in specific fields at Community level. 

ô 

- 3 -

In view of the foregoing, the attached Decision aims to: 

extend the operation of the demonstration project to six years; 

-  determine the maximum  amounts  considered  necessary  for the operation of 

the  project  in  1990  and  1991; 

make the amendments that are essential  to enable the Commission to 
undertake the additional work required; 

request the Member States to exploit the national data initially and 
produce national  reports on harmonized bases to be put forward by the 

H 

Proposal  for a 

COUNCIL  DECISION 

amending  Decision 86/138/EEC 
concerning a demonstration project with a view to 
introducing a Community system of information 
an accidents involving consumer products 
and fixing the financial allocation for the 
last two years of its operation 

THE O0DMC3L 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,1 

Having regard to the opinion of the European Parliament,2 

Having regard to the opinion of the Economic and Social Committee,3 

Whereas Council  Decision  86/138/EEC  set up a demonstration 
project limited to a five-year period with a view to the possible 
introduction of a Community system to collect information an the various 
aspects connected with the safety of products where they are involved in 
accidents and particularly on the respective roles of the product, the 
victims and their surroundings at the time of the accident ; whereas this 
information is of major importance to oonsumer protection; 

1 
2 
3 
4 OJ No L 109, 26.4.1986, p.23. 

S 

- 2 -

Whereas Article 3 of the Decision set the allocation for implementation of 
the project during the first three years; whereas the Council was to take a 
decision on the financial allocation required for the last two years on the 
basis of a report from the Commission on results  obtained 
first two years; 

during the 

Whereas the Commission presented that report to the Council  an 
23 January 1989; 

Whereas the adjustment of the project needed to ensure attainment of its 
objectives and improved operation during the last two years requires that 
1989 be regarded as a transitional year, which does not actually count for 
the calculation of the five-year period,and also amendments to certain 
provisions of Decision 86/138/EEC, 

HAS ADOPTED THIS DECISION: 

Article 1 

Decision 86/138/EBC Is hereby amended as follows: 

1. In Article 1(1) the words "five years" are replaced by "six years". 

2. Article 4(2) is replaced by the following: ~ 

" 2.  Without prejudice to paragraph 1,  , Member States shall be 
requested to exploit directly the national data collected and to prepare 
annual reports on the results obtained.  The Commission shall draw up 
guidelines for harmonization of the national reports on exploitation of 
the data and ensure, if necessary, that they are disseminated and used 
at Community level. 

- 3 -

3. The Coimiission shall carry out the studies it considers necessary to 
supplement the information ooUeoted pursuant to Article 1 and shall 
ensure that it is interpreted and exploited as effectively as possible, 

4 .  in carrying out the tasks referred to in paragraphs 1, 2 and 3 the 
Commission shall consult the Committee referred to in Article 7. " 

3 . In Annex I the following paragraph  is added  to point  2: 

"The Commission may collect the additional  information it considers 
necessary during the demonstration project". 

Article 2 

The mart mum amount considered necessary for the Community's  participation 
in the implementation of the project in 1990 and 1991 shall be 
ECU 12 million. 

An indicative breakdown of this amount  is set out  in the Annex. 

Article 3 

This Decision is addressed to the Member States. 

Done at  Brussels 

For the Council 

Ï 

ANNEX 

(^rrrnPT.TMPR  CK  mvAvrrmi 

CSP pnwng 

The following guidelines will be used in the breakdown of the amount of 
BCU 12 million referred to in Article 2 of the Decision: 

(a)  collection of hospital data: on the basis of the current 58 hospitals 

(50% of which are changed each year) plus 16 new hospitals each year 
up to a total of 90 hospitals (ECU 5 million); 

(b)  technical and administrative support at Community level and related 

activities (Article 4 of Decision 86/138/EBC) (ECU 1.35 million); 

(c)  additional information: point 2 of Annex I to Decision 86/138/EBC 

(BCD* 1.85 million); 

(d)  Comple,.ien-cary studies  • Art. 4.3  (ECU 3.8 million) 

ETKANCIAL STATEMENT 

1.  Bnfigfflf  hmdlng 

682  -  EHLASS: Monitoring  operations  in  relation  to  the  safety  of 

consumer  products 

2.  Tflgftl  bflfllfl 

2.1  Article  235  of  the  Treaty 

2.2  Council  Decision  86/138/EBC of  22  April  1986  oonoerning  a 

demonstration  project  with  a  view  to  introducing  a Community 
system  of  information  on accidents  involving  oonsumer  products. 

3.  PHTppffflfl 

fli««rt^nation 

of  expenditure 

Non compulsory 

4.  De scription  r>f  m a ^ v ra  *nrl  fttfrM  f 1  rahinn 

4 .1  Desxsci£tiQ& 

Continuation of EEŒASS demonstration project based on 
Decision 86/138/EBC in which a financial allocation was provided 
for the first three years of the project's total five-year 
duration.  The Council should decide on the funding for the last 
two years on the basis of the results of the first two years. 

The basio measure oonoerns the collection of data from hospital 
casualty departments on accidents Involving oonsumer products. 
The collection now covers 58 hospitals and is to be extended to 
90 hospitals and supplemented in particular by supplementary  studies 
in order to meet the project's objectives. 

4.2  JufiUfloatloa 

TO meet the requirements of Decision 86/138/EBC and respond to the 
conclusions of the analysis of the results of the first stage of 
the project. 

4 

- 2 -

5.  Mature of expenditure and method of calculation 

1990 

29 hospitals 
29 new hospitals 

x  BCTJ 28 000 

BCD* 812 000 

turnover 

x  BCD 33 000 

ECU 957 000 

16 newly-incorporated 
hospitals 

X  BOT 33 000 

BOT 528 000 

-  TOTAL HOSPITAL  EXPStDTTDRE 

BOT 2  297  000 

-  Technical  and administrative 

support  (*) 

-  Additional information 

Annex 1.2 

BOT 500  000 

BOT 800 000 

-  Complementary studies (Art. 4.3) 

BOT 903 000 

TOTAL 

BOT 4 500 000 

45 hospitals 
29 new hospitals 

X  BOT 28 000 

BCD 1 260 000 

turnover 

x  EOT 33 000 

16 newly incorporated 
hospitals 

x  BOT 33 000 

BOT 957 000 

BOT 528 000 

-  TOTAL HOSPITAL EXPENDITURE 

BOT 2 745 000 

-  Technical and administrative 

supporte*) 

-  Additional information 

Annex 1.2 

BOT 800 000 

BOT 1 065 000 

-  Complementary studies (Art. 4 .3) 

BOT 2 900 000 

TOTAL 

HOT 7 500 000 

1991 

*  (including expenditure on infrastructure relating 
to the internal use of external resources) 

- 3 -

6.  Financial conséquences of measure on intervention appropriations 

6.1  Timetable for appropriations 

Item 682 

Conmitment 
appropriations  (BOT) 

Payment 
appropriate rmg  fwrm 

1990 
1991 

4 500 000 
7 500 000 

12 000 000 

4 500 000 
7 500 000 

12 000 000 

6.2  The Community is financing 80% of the total cost of measures 

concerning data collection from hospitals and 100% of the other 
measures. 

7.  Piy™™^*! consequences on staff appropriations 

7.1  Staff required for implementation of the measure only 

In 1990 and 1991 we will require the following officials: 

1 A, project management 
1 B, technical assistance, updating files 
1 C, secretariat 
The staff requirements set out above are to he met either by 
internal redeployment or under the budgetary prooedure for the 
years oonoerned (1990 and/or 1991). 

7.2  Appropriations required for staff 

The appropriations required from 1990 are estimated at BOT 240 000 
per year. 

> 

Impact on ra^petltlveness and  employment 

Proposal for a Council Decision amending Council Decision 86/138/EBC of 
22 April 1986 concerning a demonstration project with a view to Introducing 
a Community system of information on accidents involving consumer products 
and determining the financial allocation for the last two years of its 
operation. 

1.  The objective of the proposed Council Decision is to complete the 

EHLASS demonstration project which collects Information on accidents 
involving consumer products. 

2.  The proposal provides for the continuation of measures, notably by 

hospitals selected by the Member States, to be supplemented by measures 
concerning the collection and exploitation of information carried out 
directly by the Commission. 

3.  The proposal in itself has no direct effect on branches of the economy 
save for possible oonsequenoes on the work carried out by hospital 
staff or by service firms in the field of information.  However, 
progress in preventive policies on product safety should have 
favourable oonsequenoes on fairness in dealings, the competitiveness of 
businesses and on employment resulting from the image of Community 
industry as a supplier of safe products. 

4.  This Decision imposes no direct obligation on businesses. 

5.  The only Indirect measures which might be imposed on businesses by 

national authorities would result from the detection, as a result of 
the data collection, of hazardous products on the market.  This would 
have a favourable effeot on the defence of the internal market, prevent 
unfair competition and improve oonsumer confidence in industrial 
products on a properly-supervised market.  These measures could be 
carried out under existing legislation. 

M 

Tmpact, on pihllo opinion 

Proposal for a Council Decision amending Council Decision 86/138/EBC of 
22 April 1986 concerning a demonstration project with a view to introducing 
a Community system of information on accidents involving consumer products 
and determining the financial allocation for the last two years of Its 
operation. 

The development of this demonstration project and the establishment of a 
permanent system of statistical information on accidents involving consumer 
products should help to improve the standard of product safety and provide 
for preventive measures and the establishment of priorities, the European 
citizen being the prime beneficiary. 

M 

ISSN 0254-1475 

COM (89) 550 final 

DOCUMENTS 

05  15 

EN 

Catalogue number : CB-CO-89-518-EN-C 

ISBN 92-77-54644-1 

Office for Official Publications of the European Communities 
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