第40条 国際協力

1. In order to improve the overall level of safety of products made available on the market and to ensure a level playing field at international level, the Commission may cooperate, including through the exchange of information, with authorities of third countries or international organisations in the field of application of this Regulation. Any such cooperation shall be based on reciprocity, shall include provisions on confidentiality corresponding to those applicable in the Union and shall ensure that any exchange of information take place in accordance with applicable Union law. The cooperation or exchange of information may relate, inter alia, to the following:

(a)enforcement activities and measures related to safety, also with a view to preventing the circulation of dangerous products, including market surveillance;

(b)risk assessment methods and product testing;

(c)coordinated product recalls and other similar actions;

(d)scientific, technical and regulatory matters, aiming to improve product safety and to develop common priorities and approaches at international level;

(e)emerging issues of significant health and safety relevance;

(f)use of new technologies to improve product safety and increase traceability in the supply chain;

(g)standardisation-related activities;

(h)exchange of officials and training programmes.

2. The Commission may provide third countries or international organisations with selected information from the Safety Gate Rapid Alert System and receive relevant information on the safety of products and on preventive, restrictive and corrective measures taken by those third countries or international organisations. The Commission shall share such information with national authorities, where relevant.

3. The information exchange referred to in paragraph 2 may take the form of either:

(a)a non-systematic exchange, in duly justified and specific cases; or

(b)a systematic exchange, based on an administrative arrangement specifying the type of information to be exchanged and the modalities for the exchange.

4. Full participation in the Safety Gate Rapid Alert System may be open to applicant countries and third countries, provided that their legislation is aligned with the relevant Union law and that they participate in the European Standardisation System. Such participation shall entail the same obligations as for Member States according to this Regulation, including notification and follow-up obligations. Full participation in the Safety Gate Rapid Alert System shall be based on agreements between the Union and those countries, according to arrangements defined in those agreements.

5. Any information exchange under this Article shall, to the extent it involves personal data, be carried out in accordance with Union data protection rules. Personal data shall only be transferred to the extent that such exchange is necessary for the sole purpose of the protection of the health or safety of consumers.

6. The information exchanged pursuant to this Article shall be used for the sole purpose of the protection of the health or safety of consumers.