EU Review on Consumer Product Safety

By Margot Parker, Director, EurocomConsult

With toys playing a major part in promotions to children, it’s essential that promoters and suppliers keep up-to-date with the latest intelligence from the EU on product safety. Margot Parker, Director of EurocomConsult, a consultancy that supplies advice and information on EU legislation to a range of industries, including the promotions sector, offers this update.

The toy safety implications in the Mattel recall scenario set the EU and China with a task; namely to set in place safety changes and to restore consumer confidence. EU Commissioner for Consumer Protection, Meglena Kuneva, says that the safety review has made “considerable progress” with China. The Commissioner has set out a series of initiatives where action will be taken to strengthen the enforcement and implementation of product safety controls currently in place in the EU. Priority measures, which will move forward in the coming months, include
· an in-depth audit of business safety measures in the toy supply chain (completion first quarter 2008);
· a series of specific measures to reinforce risk based surveillance by national market surveillance and customs authorities, including a targeted measure by the Commission requiring appropriate warnings about dangers of magnets in toys.

Increasing co-operation with China and the USA will remain a priority. The results of the latest RAPEX China report (Rapid Alert System for dangerous consumer goods) show considerable progress by the Chinese Authorities in taking corrective actions to stop the flow of dangerous goods onto the European market. By December 2007, China will put in place a domestic alert system modelled on the RAPEX system to co-ordinate work with the regions and increase effective cooperation.

Commissioner Kuneva believes that the first legal responsibility to put safe toys on the market lies with the Industry. The constant stream of RAPEX notifications show there are still significant problems within the Industry in making sure at the lower end of the market, that toys are safe.

Priority areas for action are:
· a comprehensive audit of business safety measures in the toy supply chain (with results in the first quarter of 2008)
· industry education and training on EU toy safety standards for Chinese partners and other markets, as well as work to improve recall success rates
· a further series of measures to be agreed in 2008 involving manufacturers, retailers, importers a safety pack to rebuild consumer confidence.

Member States Actions
Member states will also play their part in working together on Article 13 of the General Product Safety Directive to draft a targeted measure, requiring appropriate warnings about the dangers of magnets in toys. This means that greater controls will be in place throughout the manufacturing process and raw materials will need to match the manufacturing specifications laid down as set out by the design and safety standards which all manufacturer must abide by.

International Co-operation – China and the USA
The Chinese administration has made a significant effort with respect to RAPEX enforcement actions. The Commission will increase technical support and training, particularly in relation to the new Chinese domestic alert system. Traceability will remain a priority issue. The EU-China Trade Project will carry out a study of the product safety control mechanism in place in China, to identify areas for further co-operation. The USA and the European Union have a shared interest in cooperating, to face common challenges on product safety and import controls. The increased cooperation of recent months will continue at a technical and political level, particularly through the establishment of a joint working group on product/import safety under the Transatlantic Economic Council.

Regulatory Framework and Conclusions
Next steps are a revision of the Toy Directive with proposals by the first quarter 2008 and the adoption of the New Approach Package to improve market surveillance and custom’s surveillance.

With many high profile consumer product recalls having sent a very clear signal, which the EU could not ignore, it is a high priority to make sure the safety net is tightened and that the challenges relating to the ability to manage open markets and respond to globalisation are fully met.

Margot Parker, Director, EurocomConsult
margot@eurocom-consult.com

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