Sunday, July 21, 2024

New EU Product Safety Law: Introduction of a template for recall notices

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The European product safety law is undergoing continual refinement. As provided for in the new Product Safety Regulation (EU) 2023/988 (“Product Safety Regulation“), the EU Commission now seeks to harmonize consumer information about potential safety risks posed by products. In its Implementing Regulation (EU) 2024/1435 of May 24, 2024, the EU Commission has laid down a template for recall notices. The Implementing Regulation will apply from December 13, 2024, and thus at the same time as the Product Safety Regulation.  

The template will apply to product safety recalls in relation to consumers in accordance with the Product Safety Regulation. The Product Safety Regulation significantly increases the obligations of the economic operators involved (see also EU general product safety legislation set for an overhaul). 

The requirements for the form and content of information to consumers on a product safety recall are set out in Articles 35 and 36 Product Safety Regulation. 

Where information on a product safety recall is provided to consumers in a written form, it must take the form of a so-called recall notice in accordance with Article 36 (1) Product Safety Regulation. The required elements of this recall notice are listed in Article 36 (2) Product Safety Regulation. 

In order to ensure the uniform design of recall notices, Article 36 (3) of the Product Safety Regulation empowers the Commission to establish a template for a recall notice. It has now done so with the adoption of Implementing Regulation (EU) 2024/1435. 

The Product Safety Regulation and Regulation (EU) 2024/1435 do not explicitly require economic operators to use the template. Nevertheless, we advise you to use the template to comply with the requirement of a clear and visible recall notice (Art. 35 (4)).

We also recommend all economic operators to familiarize themselves with the new recall notice requirements at an early stage to ensure compliance and avoid potential setbacks when the regulations come into effect. In addition, internal recall management should be reviewed and adapted if necessary. We are prepared to provide expert guidance on all matters related to product safety, from the development of robust internal processes as part of a recall management system to the execution of product recalls, ensuring a proficient and prompt response to any safety issues that may arise.

Please find below the recall notification template as set out in the Annex to Implementing Regulation (EU) 2024/1435.

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