L11/4 Official Journal of the European Communities 15.1.2002 DIRECTIVE 2001/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 December 2001 on general product safety (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure referred to in Article 251 of the Treaty (*), in the light of the joint text approved by the Conciliation Committee on 2 August 2001, Whereas: (1) Under Article 16 of Council Directive 92/59/EEC of 29 June 1992 on general product safety (¥), the Council was to decide, four years after the date set for the imple- mentation of the said Directive, on the basis of a report of the Commission on the experience acquired, together with appropriate proposals, whether to adjust Directive 92/59[EEC. It is necessary to amend Directive 92/ 59/EEC in several respects, in order to complete, rein- force or clarify some of its provisions in the light of experience as well as new and relevant developments on consumer product safety, together with the changes made to the Treaty, especially in Articles 152 concerning public health and 153 concerning consumer protection, and in the light of the precautionary prin- ciple. Directive 92/59/EEC should therefore be recast in the interest of clarity. This recasting leaves the safety of services outside the scope of this Directive, since the Commission intends to identify the needs, possibilities and priorities for Community action on the safety of services and liability of service providers, with a view to presenting appropriate proposals. () It is important to adopt measures with the aim of improving the functioning of the internal market, comprising an area without internal frontiers in which the free movement of goods, persons, services and capital is assured. () OJ C 337 E, 28.11.2000, p. 109 and O] C 154 E, 29.5.2000, p. 265. () O] C 367, 20.12.2000, p. 34. (’) Opinion of the European Parliament of 15.11.2000 (O] C 223, 8.8.2001, p. 154), Council Common Position of 12.2.2001 (O] C 93, 23.3.2001, p. 24) and Decision of the European Parliament of 16.5.2001 (not yet published in the Official Journal). Decision of the European Parliament of 4.10.2001 and Council Decision of 27.9.2001. OJ L 228, 11.8.1992, p. 24. <= () In the absence of Community provisions, horizontal legislation of the Member States on product safety, imposing in particular a general obligation on economic operators to market only safe products, might differ in the level of protection afforded to consumers. Such disparities, and the absence of horizontal legislation in some Member States, would be liable to create barriers to trade and distortion of competition within the internal market. In order to ensure a high level of consumer protection, the Community must contribute to protecting the health and safety of consumers. Horizontal Community legisla- tion introducing a general product safety requirement, and containing provisions on the general obligations of producers and distributors, on the enforcement of Community product safety requirements and on rapid exchange of information and action at Community level in certain cases, should contribute to that aim. It is very difficult to adopt Community legislation for every product which exists or which may be developed; there is a need for a broad-based, legislative framework of a horizontal nature to deal with such products, and also to cover lacunae, in particular pending revision of the existing specific legislation, and to complement provisions in existing or forthcoming specific legislation, in particular with a view to ensuring a high level of protection of safety and health of consumers, as required by Article 95 of the Treaty. It is therefore necessary to establish at Community level a general safety requirement for any product placed on the market, or otherwise supplied or made available to consumers, intended for consumers, or likely to be used by consumers under reasonably foreseeable conditions even if not intended for them. In all these cases the products under consideration can pose risks for the health and safety of consumers which must be prevented. Certain second-hand goods should neverthe- less be excluded by their very nature. This Directive should apply to products irrespective of the selling techniques, including distance and electronic selling.