93/683/EEC: Council Decision of 29 October 1993 introducing a Community system of information on home and leisure accidents

COUNCIL DECISION of 29 October 1993 introducing a Community system of information on home and leisure accidents (93/683/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 establishment of a Community system of information on home and leisure accidents forms a component part of a consumer protection policy; whereas its importance in this respect can be seen from the fact that the data collected in pursuance of  the demonstration project set up by Decision 86/138/EEC (4) are being put to specific uses by several Member States for the adoption of measures in the area of product safety;
Whereas the completion of the internal market has increased the circulation of products within the Community; whereas, in order to identify the products involved in accidents and the combination of circumstances which might lead to these accidents, it  is desirable for national authorities to have sufficiently homogeneous instruments so that the conclusions of one Member State can, where appropriate, be used for other Member States as well as at Community level;
Whereas, although the management of consumer safety is primarily the responsibility of each Member State, Community financial involvement can help the Member States to overcome the problems of the actual collection of data at national level; whereas the  Commission must therefore provide coordination and contribute to the homogeneous implementation of activities conducted at national level by promoting the dissemination of information on home and leisure accidents to all the competent authorities;
Whereas a Community framework and Community financial assistance are necessary to avoid major distortions, since a number of Member States would not have the necessary resources to obtain by themselves the data on home and leisure accidents which help  to establish a policy on consumer protection;
Whereas steps should be taken to ensure the overall quality of the data by the use of homogeneous basic methods and, in the context of the internal market and Council Directive 92/59/EEC of 29 June 1992 on general product safety (5) to make it possible  for all Member States to collect the information needed for the monitoring of the products involved in accidents; whereas such data must normally be obtained from hospital casualty departments, but alternative sources may be accepted under certain  conditions;
Whereas the Community aspects of the collection of data oblige the Member States to use a homogeneous methodology for the collection and production of information for transmission to the Commission; whereas this constraint is not disproportionate to the  objective pursued; whereas, by its very nature, this system is not appropriate to serve as statistical proof, a fact which should be pointed out each time the system is referred to;
Whereas the provision of specific information by the Member States, at the Commission's request, on products or groups of products involved in accidents is necessary for the development of a Community policy on product safety;
Whereas the Member States must also be in a position to make a summary report to the Commission; whereas the conclusions drawn by the Member States in those reports should make it possible for the Commission, in concert with the Member States, to  determine what action should be taken at Community level;
Whereas, finally, the introduction of an information system on home and leisure accidents appears, under these conditions, to be necessary at Community level, to support and complement the policy carried out by the Member States in this important area  to achieve a high level of consumer protection and it does not exceed what is necessary to promote the prevention of such accidents; it is therefore consonant with the principle of subsidiarity;
Whereas an amount of ECU 2,5 million is estimated necessary to finance such a system during 1993; whereas this amount should come within the existing Community financial framework;
Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,