第26条 セーフティゲート迅速警報システムを通じた危険な製品の届出

1. Member States shall notify through the Safety Gate Rapid Alert System corrective measures taken by their authorities or by economic operators on the basis of:

(a)provisions of this Regulation, in relation to dangerous products presenting a serious risk to the health and safety of consumers; and

(b)Article 20 of Regulation (EU) 2019/1020.

2. Member States may also notify envisaged corrective measures in relation to products presenting a serious risk through the Safety Gate Rapid Alert System if they consider it necessary with regard to the urgency of the risk to the health or safety of consumers.

3. Without prejudice to paragraph 1 of this Article, Member States shall inform the Commission about corrective measures taken by their authorities or by economic operators on the basis of this Regulation and the Commission shall forward that information to the other Member States. For that purpose, Member States may notify through the Safety Gate Rapid Alert System corrective measures taken by their authorities or by economic operators on the basis of this Regulation, of Union harmonisation legislation and of Regulation (EU) 2019/1020 in relation to products presenting a less than serious risk.

4. The national authorities shall submit notifications as referred to in paragraph 1 through the Safety Gate Rapid Alert System without delay and in any event within four working days after the corrective measure is taken.

5. By four working days after receiving a complete notification, the Commission shall check whether it complies with this Article and with the requirements related to the operation of the Safety Gate Rapid Alert System defined by the Commission on the basis of paragraph 10. If the notification complies with this Article and those requirements, the Commission shall transmit it to the other Member States.

6. Member States shall notify through the Safety Gate Rapid Alert System without undue delay any update, modification or withdrawal of the corrective measures referred in paragraphs 1, 2 and 3.

7. Where a Member State notifies corrective measures taken in relation to products presenting a serious risk, the other Member States shall notify through the Safety Gate Rapid Alert System the corrective measures or other actions taken subsequently in relation to the same products and any other relevant information, including the results of any tests or analyses carried out, without undue delay and in any event no later than four working days after the measures or actions are taken.

8. If the Commission identifies, including on the basis of information received by consumers or consumer organisations, products which are likely to present a serious risk and for which Member States have not submitted a notification through the Safety Gate Rapid Alert System, it shall inform the Member States thereof. Member States shall undertake the appropriate verifications and, if they adopt measures, notify them through the Safety Gate Rapid Alert System in accordance with paragraph 1.

9. The Commission shall implement the interface referred to in Article 20(5) of Regulation (EU) 2019/1020 between the information and communication system referred to in Article 34 of that Regulation and the Safety Gate Rapid Alert System to enable a draft Safety Gate Rapid Alert System notification to be triggered from that information and communication system in order to avoid double data entry.

10. The Commission shall adopt delegated acts in accordance with Article 45 to supplement this Regulation by specifying, in particular:

(a)the access to the Safety Gate Rapid Alert System;

(b)the operation of the Safety Gate Rapid Alert System;

(c)the information to be entered in the Safety Gate Rapid Alert System;

(d)the requirements notifications must meet; and

(e)the criteria for assessment of the level of risk.