Date: 27-May-2024Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2024/1435 of 24 May 2024 laying down rules for the application of Regulation (EU) 2023/988 of the European Parliament and of the Council as regards establishing the template for a recall notice
Issued by European Commission
· Directorate-General for Justice and Consumers
Commission Implementing Regulation (EU) 2024/1435 establishes a standardized template for product safety recall notices, pursuant to Article 36 of Regulation (EU) 2023/988.
The goal is to ensure clarity, transparency, and uniformity in recall notices across the EU, making it easier for consumers to understand and react to recalls, and for economic operators and online marketplaces to comply with the regulations.
The regulation mandates that the recall notice template be accessible to persons with disabilities, including adherence to web accessibility standards.
Key Changes
A single, standardized template for product safety recall notices is established.
The European Commission will publish the template on its website to facilitate easy access and use by economic operators.
Recall notices must be accessible to people with disabilities, considering web accessibility standards.
The regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union and applies from 13 December 2024.
Regulation (EU) 2023/988 is referenced, specifically Article 36, which mandates the recall notice and its accessibility.
Impact Analysis
Economic Operators and Providers of Online Marketplaces
Action Items: Establish procedures for disseminating recall notices effectively, especially when direct contact with all affected consumers is not possible.
Consumers
Action Items: Consumers should check product safety websites for any product recalls.
European Commission
Action Items: Monitor the implementation and effectiveness of the regulation.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Regulation (EU) 2023/988: Regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 and Directive (EU) 2020/1828, and repealing Directive 2001/95/EC and Council Directive 87/357/EEC. This regulation forms the basis for the recall notice template.
Economic Operators: Manufacturers, importers, distributors, or retailers who make products available on the market.
Providers of Online Marketplaces: Entities that operate online platforms allowing consumers to purchase goods from various sellers.
Official Journal EN
of the European Union L series
2024/1435 27.5.2024
COMMISSION IMPLEMENTING REGULATION (EU) 2024/1435
of 24 May 2024
laying down rules for the application of Regulation (EU) 2023/988 of the European Parliament and of
the Council as regards establishing the template for a recall notice
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general
product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive
(EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European
Parliament and of the Council and Council Directive 87/357/EEC(1), and in particular its Article 36(3),
After consulting the General Product Safety Regulation Committee,
Whereas:
(1) Under Article 36(1) of Regulation (EU) 2023/988, if information on a product safety recall is provided to consumers
in written form, it should take the form of a recall notice. Pursuant to Article 35(4) of that Regulation, when not all
of the consumers affected by a recall can be directly contacted, economic operators and providers of online
marketplaces, in accordance with their respective responsibilities, shall disseminate a clear and visible recall notice.
(2) To ensure that consumers react to product safety recalls, the recall notice should be clear, transparent, and clearly
describe the hazard at stake. Regulation (EU) 2023/988 sets out the mandatory information that a recall notice
should contain.
(3) To facilitate and promote a consistent approach and uniform practices across the EU in relation to recall notices, it is
necessary to lay down a template for product safety recall notices. A single, standardised template for product safety
recalls should facilitate consumers in identifying and understanding recall notices, and it should ensure easier and
more uniform compliance with the requirements set out in Article 35 and 36 of Regulation (EU) 2023/988 for
economic operators and providers of online marketplaces.
(4) Regulation (EU) 2023/988 requires the Commission to set out the template for a recall notice taking into account
scientific and market developments, and to make it available in a format that enables economic operators to easily
create a recall notice. The most technically appropriate solution for making this template available would be for the
Commission to publish it on its website.
(5) Article 36 of Regulation (EU) 2023/988 requires that the recall notice should be in accessible formats for people
with disabilities. This implies for instance that when a recall notice is shared online, it takes into account standards
and best practices for web accessibility. In particular, if important information about the recalled product or the
identification of the products concerned by the recall is contained in a picture, it is essential that such information is
spelled out in order to be machine-readable.
(6) To provide economic operators with sufficient time to adapt their internal processes in relation to a recall notice, this
Regulation should enter into application on the same date as Regulation (EU) 2023/988,
(1) OJ L 135, 23.5.2023, p. 1.
ELI: http://data.europa.eu/eli/reg_impl/2024/1435/oj 1/4EN
OJ L, 27.5.2024
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation establishes the template for a recall notice in accordance with Article 36 of Regulation (EU) 2023/988.
The template is set out in the Annex.
The Commission shall publish this template on its website.
Article 2
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 2024.
For the Commission
The President
Ursula VON DER LEYEN
2/4 ELI: http://data.europa.eu/eli/reg_impl/2024/1435/ojEN
OJ L, 27.5.2024
ANNEX
ELI: http://data.europa.eu/eli/reg_impl/2024/1435/oj 3/4EN
OJ L, 27.5.2024
4/4 ELI: http://data.europa.eu/eli/reg_impl/2024/1435/oj