(1)

Directive 2001/95/EC establishes in its Article 5(3) that producers and distributors should immediately inform the competent authorities if they know or ought to know, on the basis of the information in their possession and as professionals, that a product they have placed on the market poses risks to the consumer that are incompatible with the general safety requirement, giving details, in particular, of action taken to prevent risk to the consumer.

(2)

Commission Decision 2004/905/EC (2) provides operational guidelines concerning the most relevant notification criteria and practical aspects related to the notifications. These guidelines particularly aimed at assisting producers and distributors in the implementation of their obligation under Article 5(3) of Directive 2001/95/EC.

(3)

Regulation (EU) 2023/988 of the European Parliament and of the Council (3) introduces new obligations for economic operators to make use of the Safety Business Gateway in order to inform the market surveillance authorities of the Member States in which the product has been made available about the corrective measures taken to bring the product into conformity in an effective manner. These measures include withdrawal or recall measures, as appropriate.

(4)

Since Regulation (EU) 2023/988 repeals Directive 2001/95/EC from its date of application and introduces new obligations concerning economic operators’ notifications, Decision 2004/905/EC will become obsolete and should be repealed.

(5)

This Decision should apply from the same date as Regulation (EU) 2023/988,