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A. Harmonisation of diverging safety evaluations of consumer products necessitating an emergency action

CONTEXT

Adoption and application of EU product safety "emergency" measures

ISSUES

Repeated renewal of EU product safety "emergency" measures causes legal uncertainty

Experience with EU product safety "emergency" measures has shown that the validity of these measures for up to one year does not allow enough time for preparation of a permanent solution at the EU level. In consequence, usually the EU product safety "emergency" measures have to be repeatedly renewed. This creates considerable confusion for economic operators. For example, the Novelty and Child Resistant Lighters Decision has already been renewed four times. This experience shows that the temporary nature of these EU product safety "emergency" measures is a cause of uncertainty. It cannot eliminate the root-cause of the safety problem concerned, that is, to neutralise the risk posed by the products subject to the EU product safety "emergency" measures, nor can it provide for a level playing field in the sector concerned throughout the EU. It is debatable whether proportionality justifies such legal uncertainty.

Close topic

Unequal implementation of EU product safety "emergency" measures by Member States distorts the level playing field

ENVISAGED ACTIONS

No measures at EU level

Extension of the period of validity of EU product safety "emergency" measures

Making EU product safety "emergency" measures directly apply to economic operators


B. Harmonisation of diverging safety evaluations of consumer products in non-emergency situations

CONTEXT

Why risk assessment of identical products may differ

ISSUES

Diverging safety evaluations due to differing test results

Persistent differences in the safety aspects of certain consumer products

ENVISAGED ACTIONS

No action at EU level

Possibility of an additional laboratory test

Binding EU-wide measures setting specific safety requirements for certain products


Definitions and/or further information on terms marked in italics can be found in the GLOSSARYpdf

Consultation Paper N°2pdf- Harmonisation of diverging safety evaluations of consumer products



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Last Update : 19-05-2010