Commission Implementing Regulation (EU) 2024/2639

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC^note, and in particular Article 25(2), second subparagraph, thereof,Whereas:

(1)Regulation (EU) 2023/988 provides that the Safety Gate Rapid Alert System is the rapid alert system for the exchange of information on corrective measures concerning dangerous products. To ensure an efficient information flow and proper functioning of the Safety Gate Rapid Alert System, pursuant to Article 25(2), first subparagraph, of Regulation (EU) 2023/988, each Member State is to designate a single national contact point for the Safety Gate Rapid Alert System (‘Safety Gate contact point’). Pursuant to Article 25(2), first subparagraph, of Regulation (EU) 2023/988, the Safety Gate contact point is to be responsible at least for checking the completeness of the notifications submitted to the Commission for validation, and for communicating with the Commission on the tasks provided for in Article 26(1) to (6) of that Regulation. The designation of the Safety Gate National contact point should be without prejudice to Member States’ competence to organise their market surveillance system.

(2)Commission Implementing Decision (EU) 2019/417^note laid down guidelines for the management of the European Union Rapid Information System (‘RAPEX’) established under the repealed Directive 2001/95/EC of the European Parliament and of the Council^note. That Implementing Decision provided for the tasks of the RAPEX National Contact Points, including tasks of organising and steering the work of the relevant national authorities, ensuring that all tasks are performed correctly and, in particular, that all required information is provided to the Commission without delay or coordinating all national activities and initiatives carried out in relation to the system. Given the good experience with the functioning of the RAPEX National Contact Points, the roles and tasks of the Safety Gate contact points should include, in so far as appropriate, the roles and tasks established in Implementing Decision (EU) 2019/417.

(3)To ensure the efficient flow of information between the Safety Gate contact point and the various authorities participating in the Safety Gate Rapid Alert System in a given Member State, the Safety Gate contact point should organise and steer the work of their network of national authorities dealing with the Safety Gate Rapid Alert System (‘Safety Gate National Network’).

(4)In line with their existing tasks under Implementing Decision (EU) 2019/417 and to ensure the efficient use of the Safety Gate Rapid Alert System and consistency in the information submitted, Safety Gate contact points should train and assist national authorities in their use of the system.

(5)To avoid duplication of notifications in the Safety Gate Rapid Alert System, Safety Gate contact points should check, with the involvement of national authorities if relevant, before submitting a notification, whether a measure concerning the product has already been notified in the Safety Gate Rapid Alert System.

(6)The Product Safety eSurveillance Webcrawler, an IT application developed and managed by the Commission, aims at detecting products that have been notified in the Safety Gate Rapid Alert System and are still sold or reappear in web shops and online marketplaces. To enhance the effectiveness of market surveillance online, its use should be widely promoted, where applicable together with other similar tools used by the authorities.

(7)The Commission and national authorities act as joint controllers for processing data in the Safety Gate Rapid Alert System pursuant to Article 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council^note and Article 28 of Regulation (EU) 2018/1725 of the European Parliament and of the Council^note. It is therefore appropriate to specify the roles and responsibilities of each joint controller.

(8)This Regulation should start to apply from the same date as Regulation (EU) 2023/988.

(9)The measures provided for in this Regulation are in accordance with the opinion of the General Product Safety Regulation Committee established under Article 46(1) of Regulation (EU) 2023/988,

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