Directive 2001/95 / EC on general product safety

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Directive 2001/95 / EC

Title: Directive 2001/95 / EC of the European Parliament and of the Council of December 3, 2001 on general product safety
Designation:
(not official) 		Product Safety Directive
Scope: EEA
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by: 		January 15, 2004
Implemented by: Product Safety Act - ProdSG (Germany),
Product Safety Act 2004 (PSG 2004) (Austria)
Reference: OJ L 11 of January 15, 2002, pp. 4-17
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2001/95 / EC of the European Parliament and of the Council of 3 December 2001 on general product safety is a European directive .

The provisions contained therein to ensure that the European internal market in put on the market products for consumers are safe (Article 1).

scope

According to Article 2, a “product” within the meaning of this directive is “any product which - also in the context of the provision of a service - is intended for consumers or could be used by consumers under reasonably foreseeable conditions (...) regardless of whether it is new, used or refurbished. "

Exemplary consumer products that fall under this directive are e.g. B. Bicycles, gymnastics equipment, furniture. Also for electrical products with a nominal voltage of less than 50 V AC or less than 75 V DC , as these do not fall under the low-voltage directive.

Content

According to Article 3 of Directive 2001/95 / EC, a product is considered to be safe if the manufacturer complies with the health and safety requirements of the Member State in whose territory the product is marketed that applies to the product and the area of ​​application. The guideline contains general security requirements, provisions with regard to market surveillance, reporting procedures when unsafe products become known and obligations of market participants. The EU Commission publishes harmonized standards at irregular intervals, the application of which the manufacturer can assume that he will comply with the safety requirements (presumption of conformity).

implementation

The member states of the European Union are obliged to bring the necessary national laws and regulations into force in order to comply with this directive from January 15, 2004.

In Germany , this was done with the Product Safety Act - ProdSG , which came into force on December 1, 2011 and replaced the previously applicable Equipment and Product Safety Act - GPSG . In Austria , the directive was implemented with the Product Safety Act 2004 , Federal Law Gazette I No. 16/2005, which replaced the Product Safety Act 1994. Within the Republic of Italy, the implementation of the directive found its way into the "codice del consumo" - the consumer code (Decreto legislativo 6 September 2005, n. 206, Art. 102 - 113)

According to Article 3 of Directive 2001/95 / EC, the manufacturer or distributor of a product for the European internal market is responsible for ensuring that only safe products are made available on the market.

For certain products and product groups (e.g. medical devices ) special restrictive standards apply. Directive 2001/95 / EC then has the function of a fall-back standard. Marking the product with the CE mark can only be prescribed by special standards. If this is not the case, affixing the CE mark is prohibited.

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