Commission Implementing Regulation (EU) 2024/1740 of 21 June 2024 laying down the rules for the application of Regulation (EU) 2023/988 of the European Parliament and of the Council as regards the modalities for consumers and other interested parties to inform the Commission of products that might present a risk to the health and safety of consumers and for the transmission of such information to the national authorities concerned
Information to be submitted by consumers and other interested parties
1. The Commission shall design the Safety Gate Portal to allow consumers and other interested parties to inform the Commission of products that might present a risk to the health and safety of consumers and to provide the following information:
(a)
elements identifying the product that might be presenting a risk to the health and safety of consumers;
(b)
any available data on the supply chain of the product concerned, in particular the economic operator or the provider of an online marketplace through which they have purchased the product and the country of establishment of this economic operator or provider of an online marketplace, and the responsible person for the product, under Article 4 of Regulation (EU) 2019/1020 or Article 16(1) of Regulation (EU) 2023/988, where applicable;
(c)
elements supporting the suspected risk to the health and safety of consumers posed by the product, including where relevant the description and the circumstances of the accident and the description of injuries or other harm that have occurred;
(d)
their Member State of residence or the Member State in which they are located;
(e)
their name and contact details;
(f)
any information on direct contacts the consumer or other interested party had with the relevant economic operator or provider of an online marketplace.
2. The Commission shall design the Safety Gate Portal in a way that avoids or minimises a possible misuse or threats to its technical security.
Verification of accuracy and relevance of the submitted information
The Commission shall design a dedicated section of the Safety Gate Portal in such a way as to ensure that, following the receipt of the information submitted pursuant to Article 1(1) via the Safety Gate Portal, that information is filtered by the Portal in an automated manner to verify whether the information provided by the consumer or other interested party concerns a product safety issue.
Transmission of the information by the Commission to the relevant Member State or Member States
1. If it appears from the verification conducted pursuant to Article 2 that the information provided by the consumer or other interested party concerns a product safety issue, the Commission shall without undue delay transmit that information to the following Member State or Member States:
(a)
where the consumer or the other interested party that has submitted this information resides or is located, as applicable;
(b)
where the product was purchased, where applicable;
(c)
where the responsible person for the product, under Article 4 of Regulation (EU) 2019/1020 or Article 16(1) of Regulation (EU) 2023/988 or where the relevant provider of an online marketplace is established, where applicable.
2. The Commission shall inform the consumer or other interested party of its action and, where applicable, of the Member State or Member States to which it transmitted the information referred to in paragraph 1.
3. The Commission shall design the Safety Gate Portal to ensure that all other Member States have access to the information submitted by the consumer or interested party at the moment the information is transmitted to the relevant Member State or Member States in accordance with paragraph 1.
Data retention
The personal data provided by the consumer and other interested party shall be stored in the Safety Gate Portal and in the national systems only as long as necessary for ensuring an appropriate follow-up of the cases. In any event, such data shall be stored for a maximum of 5 years after being entered.
Entry into force and date of application
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
