National market surveillance authorities across Europe have kept up their good work over the past year by succeeding in halting the placing on European markets of a staggering 2,278 dangerous non-food products. The EU’s Rapex system had a key role to play in this success and in keeping European consumers safe.
China still figures predominately as the source of origin of most dangerous products notified over the past year
Rapex is a European rapid alert system for dangerous products. Each country designates a national Rapex Contact Point which coordinates the system at national level and submits information to the Commission about dangerous products found on its own market. The information received and validated by the Commission is rapidly circulated to the national contact points for appropriate action. The results of these activities are reported back through the system.
Rapex covers dangerous non-food products intended for consumers such as toys and cosmetics and for professionals such as machinery or construction equipment which pose a serious risk to the health and safety of consumers, the environment, health and safety at the workplace or public security. Other categories of products, such as food and feed, pharmaceuticals and medical devices are excluded from its scope as they are covered by other specific alert systems, similar to Rapex.
Both national authorities and producers themselves have a role to play in keeping Europe safe. Manufacturers and importers are responsible for placing only safe products on the market. Once aware that a product is dangerous, a producer must immediately take measures to prevent further risks to consumers. National competent authorities must also be informed about the safety problem, clearly identifying the product in question, the risks it poses and the information necessary to trace it. This information is then conveyed via the Rapex system to the Commission and other countries participating in the Rapex system if the product poses a serious risk.
On the other hand, national authorities must ensure that businesses respect the afore-identified obligations. Once a dangerous product is targeted by the national authorities, they are free to adopt a wide range of measures ranging from a ban/stop on sales, the withdrawal of a dangerous product from the market or its recall from consumers as well as import rejection by the customs authorities. Indeed, customs authorities are playing an ever increasingly important role in product safety surveillance.
This is the case, since their responsibility for import controls puts them in a prime position to assess whether products to be placed on the market are safe. Interesting to note that, in 2012, there were notifications in Rapex from 12 countries where measures had been adopted directly or initiated by customs authorities, including the Maltese ones.
In 2012, clothing, textiles and fashion items, followed by toys, were the main product categories for which corrective measures had to be taken. Among the most frequently notified risks caused by these products were chemical risks, risk of strangulation and risk of injury. Businesses should therefore ensure that these well-known risks are taken into account when producing their goods.
China still figures predominately as the source of origin of most dangerous products notified over the past year. According to 2012 statistics, 58 per cent of the total number of notifications of products presenting a serious risk related to products coming from China. The EU is seeking to improve this situation via the bilateral exchange of information with China and following up such exchanges in order to ensure that the Chinese authorities are actually monitoring the placing on the market of dangerous products.
Though both European market surveillance authorities and customs authorities clearly deserve a pat on the back for the sterling work performed through the Rapex system, the amount of vigilance exercised can surely never be enough where the health and safety of Europe’s citizens, particularly children, is concerned. New legislative proposals on product safety and market surveillance tabled earlier this year by the European Commission go yet another step further in ensuring that only safe products reach the consumer.
mariosa@vellacardona.com
Mariosa Vella Cardona is a freelance legal consultant specialising in European law, competition law, consumer law and intellectual property law. She is also the deputy chairperson of the Malta Competition and Consumer Affairs Authority.