C(2024)5093

CORRIGENDUM

to 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

(Official Journal of the European Union OJ L, 2024/1435, 27 May 2024)

On page 1, in recital 6

for: ‘(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,’

read: ‘(6) Consumers should be clearly informed about the safety precautions and actions they have to take as part of the recall. In particular, the recall notice should mention that the consumer should immediately stop using the recalled product. Experience shows that in certain cases this instruction may not be applicable, for instance where a car is still capable of a temporary limited operation and it is possible for the consumer to drive it to a repair shop under certain conditions; in such cases the recall notice should clearly specify under which conditions the product can still be used.

(7) 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.’.

The Annex shall read as follows:

[Company name] recalls [product]

Insert picture(s) of product and, if applicable, a graphical indication of where to find product identification numbers on the product.

For the online version of the recall notice, it is important that essential information contained in the picture, especially if it is needed to identify the recalled product, is also available in a machine-readable format.

Include a clear description of the recalled product, including product identification information:

·Name and brand of the product

·Product identification numbers, such as batch and serial number, and optionally the barcode or the period of production of the product, and, if applicable, graphical indication of where to find them on the product

·Information on where, when and by whom the product was sold, if available

Why is this product dangerous?

·Clearly state the hazard the product poses and why.

·Do not use any terms or expressions that may decrease consumers’ perception of risk, such as ‘voluntary’, ‘precautionary’, ‘discretionary’, ‘in rare situations’ or ‘in specific situations’.

·Do not indicate that there have been no reported accidents.

What to do

·Clearly indicate what safety precautions consumers should take. This indication shall include an instruction to immediately stop using the recalled product, unless a temporary safe use under certain conditions, which should be specified in the notice for the consumer, is possible.

·Clearly explain the action(s) consumers should take (for example, return to point of sale, schedule appointment for in-house pick-up/repair, software update…). In case the repair shall be conducted by the consumer itself, please include the instruction in a separate document attached to this recall notice.

Remedies for consumers

·Clearly describe the remedies available to consumers in accordance with Article 37 of Regulation (EU) 2023/988 (repair, replacement, refund).

·Indicate any other remedy or additional incentives, such as discounts or vouchers, if available.

Contact

·Provide the address of an interactive online service (such as a website with a contact form, or an email address) and/or free phone number where consumers can get more information in relevant official language(s) of the Union.

·Provide the postal address of the company (optional).

[Apology (optional)]

[Links to social media post /website informing about the recall (optional)]

[QR code or other technical solution leading to recall page/more information (optional)]

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