COMMISSION IMPLEMENTING REGULATION (EU) 2024/1435

of 24 May 2024

laying down rules for the application of Regulation (EU) 2023/988 of the European Parliament and of the Council as regards establishing the template for a recall notice

(Text with EEA relevance)

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 (1), and in particular its Article 36(3),

After consulting the General Product Safety Regulation Committee,

Whereas:

(1) Under Article 36(1) of Regulation (EU) 2023/988, if information on a product safety recall is provided to consumers in written form, it should take the form of a recall notice. Pursuant to Article 35(4) of that Regulation, when not all of the consumers affected by a recall can be directly contacted, economic operators and providers of online marketplaces, in accordance with their respective responsibilities, shall disseminate a clear and visible recall notice.

(2) To ensure that consumers react to product safety recalls, the recall notice should be clear, transparent, and clearly describe the hazard at stake. Regulation (EU) 2023/988 sets out the mandatory information that a recall notice should contain.

(3) To facilitate and promote a consistent approach and uniform practices across the EU in relation to recall notices, it is necessary to lay down a template for product safety recall notices. A single, standardised template for product safety recalls should facilitate consumers in identifying and understanding recall notices, and it should ensure easier and more uniform compliance with the requirements set out in Article 35 and 36 of Regulation (EU) 2023/988 for economic operators and providers of online marketplaces.

(4) Regulation (EU) 2023/988 requires the Commission to set out the template for a recall notice taking into account scientific and market developments, and to make it available in a format that enables economic operators to easily create a recall notice. The most technically appropriate solution for making this template available would be for the Commission to publish it on its website.

(5) Article 36 of Regulation (EU) 2023/988 requires that the recall notice should be in accessible formats for people with disabilities. This implies for instance that when a recall notice is shared online, it takes into account standards and best practices for web accessibility. In particular, if important information about the recalled product or the identification of the products concerned by the recall is contained in a picture, it is essential that such information is spelled out in order to be machine-readable.

(6) To provide economic operators with sufficient time to adapt their internal processes in relation to a recall notice, this Regulation should enter into application on the same date as Regulation (EU) 2023/988,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation establishes the template for a recall notice in accordance with Article 36 of Regulation (EU) 2023/988.

The template is set out in the Annex.

The Commission shall publish this template on its website.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union

It shall apply from 13 December 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 May 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 135, 23.5.2023, p. 1

ANNEX

[Bild bitte in Originalquelle ansehen]

ELI: http://data.europa.eu/eli/reg_impl/2024/1435/oj

ISSN 1977-0677 (electronic edition)