GUIDELINES for the management of the Rapid Information System ‘‘RAPEX’‘ established under Article 12 and of the notification procedure established under Article 11 of Directive 2001/95/EC (the General Product Safety Directive)
The Guidelines for the management of the Rapid Information System RAPEX, established under Article 12 and of the notification procedure established under Article 11 of Directive 2001/95/EC (the General Product Safety Directive) (the Guidelines) are adopted by the EFTA Surveillance Authority pursuant to Article 11 and Annex II, point 8, of the Act referred to at point 3h of Chapter XIX of Annex II to the Agreement on the European Economic Area, Directive 2001/95/CE of the European Parliament and of the Council of 3 December 2001 on general product safety (the GPSD), as adapted to the EEA Agreement by Protocol 1 there to.
In carrying out this task, the Authority is assisted by an advisory committee composed of the representatives of the EFTA States acting in accordance with the advisory procedure.
It follows from point 8 of Annex II to the GPSD that the EFTA Surveillance Authority shall prepare and regularly update, in accordance with the applicable advisory procedure, guidelines concerning the management of RAPEX by the EFTA Surveillance Authority and the EFTA States. Furthermore, Article 11(1) of the GPSD states that the guidelines drafted for the purpose of the RAPEX notification procedure should also regulate various aspects of the notification procedure established under Article 11 of the GPSD.
Therefore, the Guidelines regulate the operation and management of the RAPEX notification procedure established under Article 12 of the GPSD, as well as the notification procedure established under Article 11 of the GPSD.
The Guidelines form a self-standing document that governs the RAPEX notification procedure established under Article 12 of the GPSD. This procedure applies to preventive and restrictive measures taken in relation to consumer products posing a serious risk to the health and safety of consumers. However, the structure and content of the Guidelines allow them to be adapted, if appropriate, to include provisions relating to the notification procedure established under Article 22 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/933.
EEA States, applicant countries, as well as third countries and international organisations which are granted access to RAPEX (on the conditions defined in Article 12(4) of the GPSD), participate in the system according to the rules provided for in the GPSD and the Guidelines.
EFTA Surveillance Authority