86/138/EEC: Council Decision of 22 April 1986 concerning a demonstration project with a view to introducing a Community system of information on accidents involving consumer products

COUNCIL  DECISION
of 22 April 1986
concerning a demonstration project with a view to introducing a Community system of information on accidents involving consumer products
(86/138/EEC)
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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the preliminary programme of the European Community for a consumer protection and information policy annexed to the Council resolution of 14 April 1975 (4), stresses that products offered to consumers must be such that, under normal or foreseeable 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 (5) 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 is therefore appropriate for the Community to set up a demonstration project for a limited period with a view to the possible institution of a Community system to collect information on the various aspects of the safety of products where they are involved in accidents and particularly on the respective roles of the products 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 the results of the demonstration project will enable the Commission to put forward any suitable proposal aimed at ensuring the continuity of Community activities started in this area by the pilot experiment;
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 information received under the programme of action proposed by the Commission on toxicology for health protection (1) could be integrated into the system established by the demonstration project;
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 a decisive role in accident prevention, whether public authorities, manufactures, traders or product users;
Whereas an Advisory Committee should be set up to advise the Commission in the carrying out of its management tasks and the activities relating thereto;
Whereas it is fitting to designate in each Member State the authority responsible for ensuring the smooth functioning of the demonstration project and the necessary coordination at Community level;
Whereas it is necessary under the demonstration 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,
- the confidentiality of data relating to the firms concerned;
Whereas the Commission, on the basis of acquired experience, should submit a report and make proposals to the Council so that the latter, acting in accordance with the conditions laid down by the Treaty, may decide on the financial provisions necessary for the last two years of the project;
Whereas a demonstration project appears necessary in order to achieve one of the objectives of the Community in the field of consumer protection and the provision of informtion to consumers; whereas the Treaty has not provided the necessary powers other than those of Article 235,