CELEX: 51982PC0837
Language: en
Date: 1982-12-16
Title: AMENDED PROPOSAL FOR A COUNCIL DECISION INTRODUCING A COMMUNITY SYSTEM FOR THE RAPID EXCHANGE OF INFORMATION ON CONSUMER PRODUCTS

27. 1.83                          Official Journal of the European Communities                                No C 22/7
                                                            II
                                                     (Preparatory Acts)
                                               COMMISSION
               Amendment to the proposal for a Council Decision introducing a Community system for
                               the rapid exchange of information on consumer products (')
               (Submitted by the Commission to the Council pursuant to the second paragraph of Article
                                       149 of the EEC Treaty on 20 December 1982)
                    ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
                                     Preamble and recitals remain unchanged
                         Article 1                                                       Article 1
Any Member State noting that on its territory a                 Any Member State noting that on its territory a
consumer product or a batch of this product, used in             consumer product, or a batch of this product,
normal and foreseeable conditions, marketed in one               marketed in a Member State of the Community,
or more Member States of the Community, presents                 presents an immediate and acute risk to health or
an immediate and acute risk to the health or safety of           safety of users shall wherever possible first contact the
users shall immediately inform the other Member                 producer, distributor or importer of the product and
States likely to be affected, as well as the                     shall immediately inform the other Member States and
Commission, without prejudice to Community                       the Commission, without prejudice to Community
provisions relating to specific products.                       provisions relating to specific products.
To facilitate the adoption of a decision by the other           The information forwarded shall contain all relevant
 Member States and, if applicable, the adoption of              data on the product concerned, the nature and gravity
 appropriate measures by the Commission, the infor-             of the risks noted and details of the measures taken or
 mation forwarded shall contain all relevant data               to be taken.
concerning the type of product involved, its char-
acteristics, 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               At the request of the Member State concerned, the
content of the information notified may be treated as            content of the information notified may be treated as
confidential.                                                    confidential.
                         Article 2                                                       Article 2
For the purposes of this Decision, consumer products            For the purposes of this Decision, consumer products
means all articles such as:                                     means inter dht the following articles:
— food products for human consumption;                          — food products for human consumption,
— household appliances, including those for 'do-it-             — products intented for household or recreational
    yourselP, gardening, games or sports;                            use,
— pharmaceutical products, cosmetics, chemicals,                — pharmaceutical products, cosmetics and chemicals,
    textiles and toys;                                          — clothing and toys,
— motor vehicles, bicycles, motor cycles or other               — motor vehicles, two-wheeled vehicles and parts
    machines used for transport.                                     thereof.
(>) OJ No C 321, 22. 12. 1979, p. 5.
 ---pagebreak--- No C 22/8                             Official Journal of the European Communities                                 27. 1.83
                    ORIGINAL PROPOSAL                                                     AMENDED PROPOSAL
However, all products intended for professional use                  However, all products intended solely for professional
are excluded from the field of application of this                   use are excluded from the field of application of this
Decision.                                                             Decision.
                                                 Article 3 unchanged
                         Article 4                                                             Article 4
Each Member State shall designate one or more                        Each Member State shall designate the service within
national authorities to forward or receive the infor-                a national authority which shall be responsible for
mation referred to in Articles 1 and 3.                              forwarding or receiving the information referred to in
                                                                     Articles 1 and 3.
                                            Articles 5 and 6 unchanged
             Amendment to the proposal for a Council Decision adopting a research and development
             programme for the European Economic Community in the field of applied metrology and
                 reference materials (Community Bureau of Reference — BCR) (1983 to 1987) (')
             (Submitted by the Commission to the Council pursuant to the second paragraph of Article
                                       149 of the EEC Treaty on 22 December 1982)
             Resulting from the consultation of the European Parliament;
             In accordance with Article 149 (2) of the EEC Treaty, the Commission amends the draft
             Council Decision as follows:
                                                             Article 4
             The Article to read as follows:
                   'Article 4
                  At the beginning of the third year, the Commission shall submit an interim report
                   on the results of the programme. A final review of the programme shall take place
                   by the end of the third year. This review shall be carried out by experts who are not
                   members of the Committee referred to in Article 3 and have not received any fees
                   out of the funds from this research programme, and may lead to revision of the
                   programme. A report on the review and possible revision of the programme shall be
                   made to the Council and the European Parliament.'
                                                             ANNEX
             Add the following:
                                                      'Dissemination of findings
                  The findings and reference material produced as part of the programme shall be the property
                  of the European Community. The Commission may also provide services, in particular
                  reference materials, at the request of third parties in return for reimbursement of expenses.
                  The Commission shall be responsible for dissemination of findings and for sales.'
             (l) OJ No C 187, 22. 7. 1982, p. 8.