Commission Decision of 16 December 2009 laying down guidelines for the management of the Community Rapid Information System ‘RAPEX’ established under Article 12 and of the notification procedure established under Article 11 of Directive 2001/95/EC (the General Product Safety Directive) (notified under document C(2009) 9843) (2010/15/EU) (repealed)

2. Notification criteria

The Article 11 notification procedure applies only to measures adopted by national authorities to restrict the placing on the market, to withdraw from the market or to recall from consumers products posing a non-serious risk to the health and safety of consumers. This excludes notifications of voluntary measures under this procedure.

Where the following five notification criteria are met, Member States have a legal obligation to notify the Commission under Article 11 of the GPSD:

• the product concerned is a consumer product,

• it is subject to restrictive measures adopted by national authorities (obligatory measures),

• it poses a non-serious risk to the health and safety of consumers,

• the effects of the risk can or do go beyond the territory of one Member State or do not or cannot go beyond its territory, but measures involve information likely to be of interest to other Member States from a product safety standpoint,

• the measures adopted do not have to be notified under any other notification procedure established by EU law (e.g. under RAPEX established under Article 12 of the GPSD or under the safeguard clause procedure established by sectoral directives).

The following Chapters in Part II of the Guidelines are relevant to the Article 11 notification procedure:

• Chapter 2.1 on consumer product (definition of consumer product),

• Chapter 2.2 on restrictive measures (categories of restrictive measures, definition of obligatory measures, timing of the notification and notifying authorities),

• Chapter 2.3 on risk assessment (risk assessment method, assessing authority),

• Chapter 2.4 on cross-border effects (international event, local event).