CELEX: 51989PC0550
Language: en
Date: 1989-11-08
Title: 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

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)
 ---pagebreak---                            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 vasrf'^jfoylto
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
 ---pagebreak---                                      - 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
 ---pagebreak---                                    - 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
 ---pagebreak---                                 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
 ---pagebreak---                                     - 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          during the
 first two years;
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.
 ---pagebreak---                                      - 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
 ---pagebreak---                                                              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)
 ---pagebreak---                                  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. Description r>f m a ^ v r a *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
 ---pagebreak---                                      - 2 -
5. Mature of expenditure and method of calculation
1990
        29 hospitals         x  BCTJ 28 000         BCD* 812 000
        29 new hospitals
            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 (*)
                                                    BOT 500 000
        -   Additional information
           Annex 1.2                                BOT 800 000
        -    Complementary studies (Art. 4.3)        BOT 903 000
                                          TOTAL   BOT 4 500 000
1991
        45 hospitals        X BOT 28 000          BCD 1 260 000
        29 new hospitals
           turnover         x EOT 33 000            BOT 957 000
        16 newly incorporated
        hospitals           x BOT 33 000            BOT 528 000
        -  TOTAL HOSPITAL EXPENDITURE             BOT 2 745 000
        -  Technical and administrative
           supporte*)
                                                    BOT 800 000
        -  Additional information
           Annex 1.2                              BOT 1 065 000
        -   Complementary studies (Art. 4 .3)     BOT 2 900 000
                                         TOTAL    HOT 7 500 000
   * (including expenditure on infrastructure relating
      to the internal use of external resources)
 ---pagebreak---                                   - 3-
6. Financial conséquences of measure on intervention appropriations
   6.1  Timetable for appropriations
        Item 682
                       Conmitment              Payment
                       appropriations (BOT)    appropriate rmg fwrm
           1990        4 500 000                4 500 000
           1991        7 500 000                7 500 000
                       12 000 000              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.
                                                                         >
 ---pagebreak---                   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
 ---pagebreak---                           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
 ---pagebreak---  ---pagebreak---                                                                        ISSN 0254-1475
                                                               COM (89) 550 final
                                                        DOCUMENTS
  EN                                                                        05 15
                                 Catalogue number : CB-CO-89-518-EN-C
                                                             ISBN 92-77-54644-1
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