Product Safety issues
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- Introduction to Product Safety and the Goods Package
- Plastic Materials and Articles to come into Contact with Foodstuffs
- Food Products : Labelling
- Electrical Equipment
- Electrical Plugs & Sockets
- Lifts
- Toy Safety
- General Product Safety
- Liability For Defective Products
- Machinery
- Appliances Burning Gaseous Fuels
- Pressure Equipment
- Simple Pressure Vessels
- Pressure Vessels
- Good Laboratory Practice
- Noise Emissions by Equipment for use Outdoors
- Packaging/Labelling of Dangerous Substances
- Labelling of Textile Products
- Labelling of Footwear
- Personal Protective Equipment
- Flammability
Product Safety and the Goods Package
Internal Market for Goods and the ‘New Approach’
Since the mid 1980’s Product Safety has been regulated largely through EU harmonisation legislation. Such legislation is based on the ‘New Approach’. The New Approach initiated the adoption of sector specific EU Directives, which set out essential safety requirements for categories of products and left the technical solution of how to achieve this to European Standards Organisations.
Harmonisation legislation covers 70% of products placed on the market and range from civil explosives to machinery to toys. On the whole the ‘New Approach’ has been extremely successful and is an integral part of the internal market for goods.
In the non-harmonised sector the General Product Safety Directive sets down a requirement for all non-food consumer products to be safe. In addition National Technical Rules may apply but must comply with the requirements of Directive 98/34/EC (83/189/EC) on the removal of technical barriers to trade.
The ‘Goods Package’
Despite the success of the ‘New Approach’ certain issues were identified. It was considered that there were unclear rules across sectors regarding definitions, obligations of economic operators, conformity assessment modules; and an uneven level of market surveillance and competence of notified bodies.
Consideration for a revision on the ‘New Approach’ and the establishment of a framework for the marketing of products began in 2003. This culminated in June 2008 through a package of EU legislative measures known as the ‘Goods Package’. The package consists of a Regulation and a Decision known as the ‘Revision of the New Approach’ and a further Regulation regarding mutual recognition of products marketed in the non-harmonised sector.
Revision of the ‘New Approach’
Regulation (EC) No. 765/2008 down provisions on Accreditation and Market Surveillance. It entered into force on 1 January 2010.
Accreditation:The Regulation establishes a European Framework for Accreditation (the process of ensuring the competence of conformity assessment bodies). The accreditation provisions within the Regulation apply to the operation of a single national accreditation body. In Ireland the national accreditation body is the Irish National Accreditation Board (INAB).
Market Surveillance: The market surveillance provisions within the Regulation apply to products covered by Community harmonisation legislation. The provisions provide for:
- An adequate level of surveillance
- Increased powers to take restrictive measures regarding products presenting a serious risk
- EU database and mechanisms for the sharing of information & coordinated market surveillance action
- Strengthened controls at borders for imported products
- Transparent planning and reporting of national market surveillance
Contact details of the Irish market surveillance authorities and what sectors of products they are responsible for: Contact Details of Market Surveillance Authorities (PDF, 92KB)
National Market Surveillance Programme for the years 2010 and 2011 sets out targets for market surveillance for the next two years: IRL National Market Surveillance Programme (PDF, 301KB)
Market Surveillance Forum was established in May 2009 and sits regularly to consider common market surveillance issues. For more details on this please contact product.safety@djei.ie
Decision (EC) No. 768/2008 aims to develop a consistent policy framework for the marketing of products through a template of common provisions to be applied to Community harmonisation legislation over the coming years. The provisions include:
- Harmonised provisions for conformity assessment
- Harmonised procedures regarding assessment, notification and monitoring of ‘Notified Bodies’
- Harmonised definitions and provisions on the duties of everyone in the product supply chain from manufacturer to distributor
- Rules and conditions for affixing CE marking
The Decision will enter into force as it is applied to sectoral Community Harmonisation Legislation.
Mutual Recognition
Regulation (EC) No. 764/2008 out a procedure that market surveillance authorities have to follow if they want to use national technical rules to prevent goods being placed on their territory. It essentially strengthens the EU principle of mutual recognition. This principle sets down that a product lawfully marketed in one Member State and not subject to Community harmonisation should be allowed to be marketed in any other Member State, unless it is strictly necessary for the protection of, for example, public safety, health or the environment.
It also obliges Member States to set up Product Contact Points to provide information to businesses and other Member States on their national technical rules. The Irish product contact point is the NSAI.
The Regulation entered into force on 13 May 2009.
For further information on Product Safety & The Goods Package contact: product.safety@djei.ie
Food Products :
While primary food production is the shared responsibility of the Department of Agriculture & Food/ Department of Health, this Department has some responsibility -
Agency/Policing: Food and Safety Authority / National Consumer Agency / Authorised officer of the Minister for Health
Electrical Equipment
Under S.I. 428 of 1992 (Directive No. 73/23/EEC of 19 February, 1973) – European Communities (Low Voltage Electrical Equipment Regulations),1992, [as amended by S.I. 307/1994 - European Communities (Low Voltage Electrical Equipment) Amendment) Regulations, 1994]. Provides for safety standards for electrical equipment of a voltage between 50 and 1,000 volts for alternating current and between 75 and 1,500 volts [exclusions include electrical parts for lifts, radiology and medical purposes].
Agency/Policing: National Standards Authority of Ireland [Safety provisions of the standard/technical specification]. / National Consumer Agency [ Sample checking for conformity, notification of contravention & recovery from the market].
Electrical Plugs & Sockets
Under S.I. 526 of 1997, under the powers of section 28 of the National Standards Authority of Ireland Act of 1996, the National Standards Authority of Ireland (Section 28) the Electrical Plugs, Plug Similar Devices and Sockets for Domestic Use Regulations,1997, were enacted.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency responsible: National Standards Authority of Ireland
Lifts
Under S.I. 227 of 1989 (as amended by S.I. 246 of 1998), Directive 86/312/EEC of 18 June, 1986 - relating to electrically operated lifts - the European Communities (Electrically Operated Lifts) Regulations, 1989 was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: National Standards Authority of Ireland
Toy Safety
The European Communities (Safety of Toys) Regulations 2011 (S.I. 14 of 2011) (PDF, 194KB)transposed Directive 2009/48/EC on the safety of toys (PDF, 994KB). The Directive prohibits the placing of toys on the market unless they are safe, and updates the safety requirements. It also sets down a requirement to ensure risk assessment is carried out for toys.
Toys placed on the market prior to the making of these Regulations are covered by S.I. No. 32 of 1990 which sets out the safety requirements applicable.
These Regulations revoke and replace the European Communities (Safety of Toys) Regulations, 1990 (S.I. No. 32 of 1990).
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: National Consumer Agency
General Product Safety
Under S.I. 197/1997, Directive 92/59/EEC(1) of 29 June, 1992 – relating to general product safety of toys – the European Communities (General Product Safety) Regulations, 1997 was implemented into Irish law. [ An amended General Safety Directive is at present being drafted for implementation into Irish law ]
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: National Consumer Agency
Liability For Defective Products
Under S.I. 401 of 2000, Directive 1999/34/EC of 10 May, 1999 - relating to the liability for defective products - the European Communities (Liability for Defective Products) Regulations, 2000 was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: By action by the injured party through the courts under the Liability for Defective Products Act, 1991
Machinery
Directive 2006/42/EC was transposed by way of
S. I. No. 407 of 2008 European Communities (Machinery) Regulations 2008 transposed Directive 2006/42/EC on machinery, and amending Directive 95/16/EC (recast), these Regulations provide for the continued harmonisation of the essential health and safety requirements on machinery across the European Union while also promoting the free movement of machinery within the single market.
S.I. No. 310 of 2011 – European Communities (Machinery)(Amendment) Regulations 2011 transposed Directive 2009/127/EC amending Directive 2006/42/EC with regard to machinery for pesticide application these Regulations add specific rules on the placing on the market of machinery for pesticide application.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: Health and Safety Authority
Appliances Burning Gaseous Fuels
Under S.I. 101 of 1992 (as amended by S.I. 150 of 1995), Directive 90/396/EEC of 29 June, 1990 - relating to appliances burning gaseous fuels - the European Communities (Appliances Burning Gaseous Fuels) Regulations, 1992 was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: National Consumer Agency / Health and Safety Authority
Pressure Equipment
Under S.I. 400 of 1999, Directive 97/23/EC of 29 May, 1997 - relating to the design, manufacture and conformity assessment of pressure equipment and assemblies - the European Communities (Pressure Equipment) Regulations, 1999 was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: Health and Safety Authority
Simple Pressure Vessels
Under S.I. 33 of 1996, Directive 87/404/EEC of 25 June, 1987 - relating to simple pressure vessels of which the product of maximum working pressure and capacity should not exceed 50 bar/litre- the European Communities (Simple Pressure Vessels) Regulations, 1996, was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: National Standards Authority of Ireland
Pressure Vessels
Under S.I. 59 of 1989, Directive 84/527/EEC of 17 September, 1984 - relating to any movable vessel or receptacle in which an effective pressure of more than 0.5 bar above atmospheric pressure may obtain - the European Communities (Pressure Vessels) Regulations, 1989, was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing : National Standards Authority of Ireland
Good Laboratory Practice
Under S.I. 4 of 1991(as amended by S.I. 294 of 1999), Directive 90/18/EEC of 18 December, 1988 - relating to the European Communities (Good Laboratory Practice ) Regulations, 1991,[this relates to the application of the principles of good laboratory practice in respect of tests on chemical products to evaluate their safety for man or the environment or both] was implemented into Irish law.
Section responsible : Secretariat Tel (01) 6312811
Agency/Policing : Irish National Accreditation Board
Noise Emissions by Equipment for Use Outdoors
Under S.I. 632 of 2001, Directive 2000/14/EC of 8 May 2001 - relating to the European Communities (Noise Emissions by Equipment for use Outdoors) Regulations, 2001, was implemented into Irish law.
Under S.I. 241 of 2006, Directive 2005/88/EC - relating to the European Communities (Noise Emissions in the Environment by Equipment for use Outdoors) Regulations 2006 was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: None nominated to date
Packaging/Labelling of Dangerous Substances
Under S.I. 393 of 2000, Directive 2000/33/EEC of 25, April, 2000 - relating to the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 2000, was implemented into Irish law.
Section responsible: Health & Safety Policy/Liaison Section Tel: (01) 6313184
Agency/Policing: Health and Safety Authority
Labelling of Textile Products
Under S.I. 43 of 1973 (as amended by S.I. 245 of 1998), Directive 97/37/EC of 19 June 1997 - relating to the European Communities (Names and Labelling and Notification of Textile Products) Regulations, 1998, was implemented into Irish law. Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: National Consumer Agency
Labelling of Footwear
Under S.I. 63 of 1996, Directive 94/11/EC of 23 March, 1994 - relating to the European Communities (Labelling of Footwear) Regulations, 1996, was implemented into Irish law.
Section responsible : Consumer Policy Tel: (01) 631 2617
Agency/Policing: National Consumer Agency
Personal Protective Equipment
Under S.I. 272 of 1993, Directive 89/686/EEC of 21 December, 1989 - relating to the European Communities (Personal Protective Clothing ) Regulations, 1993, was implemented into Irish law.
Section responsible: Consumer Policy Tel: (01) 631 2617
Agency/Policing: - Health and Safety Authority
- National Consumer Agency
Flammability
- Under S.I. 4 of 1967, the Industrial Research and Standards (Section 44)(Children’s Nightdresses) Order, 1967. Amended by S.I. 215 of 1979
- Under S.I. 298 of 1980, the Industrial Research and Standards (Fire Safety Requirements For Upholstered Furniture) Order, 1980.
- Under S.I. 316 of 1995, the Industrial Research and Standards (Fire Safety) (Domestic Furniture) Order, 1995.
Section responsible: Consumer Policy Tel: (01) 631 2617
Last modified: 06/07/2011
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