Spain legislation: Product safety

Introduction
The EU has introduced general product safety legislation to protect consumers’ health
and safety. The horizontal scope of the legislation laid down in the General Product
Safety Directive, GPSD (2001/95/EC) means that all products are covered unless specific
legislation has been drawn up for a particular product. Note, however, that if there are aspects
not covered in the specific product legislation, the GPSD still applies concerning these aspects.

The Directive lays down that only safe products may be put on the EU market. A safe product
is described as: ”A product that under reasonably foreseeable conditions of use does not
present any risk or minimum risk compatible with the product’s use.”

In the EU, Member States are responsible for monitoring the products marketed and also have
the authority to withdraw a product from the market if it is not considered safe.

Spanish implementation
Spain has implemented the GPSD by Decree 1801 of 26 December 2003 which came
into force on 15 January 2004. The Decree transposes Directive 2001/95/EC into
Spanish legislation. Therefore the Spanish legislation imposes the same legal requirements for
product safety as the EU legislation.

ÂFor more information on the EU product safety Directive, please see the related document.

Summary
Products: All products
Requirement: General safety requirements stating that all products put on the market
must be safe
Status: Spain has transposed the GPSD into its national legislation. The Spanish
legislation is therefore completely harmonised with the EU Directive on
product safety
Source: Decree 1801/2003 of 26 December (Original title: Real Decreto
1801/2003, de 26 de diciembre, sobre seguridad general de los
productos)

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EU legislation: product safety
Introduction
Despite the difficulty of adopting legislation for every product which exists or may be developed,
general (horizontal) legislation to protect consumers' health and safety has been developed by
the EU. Directive 92/59/EEC first introduced requirements for general product safety. In
December 2001 the EU adopted Directive 2001/95/EC that revised the 1992 Directive. The new
legislation has been effective from 15 January 2004.

Outline of the legislation

Directive 2001/95/EC prohibits the placing on the market of products that pose a risk to
consumers’ health, caused by dangerous substances or by unsafe construction. It can
be seen as a framework directive.

Scope of the Directive

The Directive applies to all products on the consumer market or products likely to be used by
consumers (including products that are used to provide services to consumers).

Exempt are:
• Products subject to specific safety requirements laid down in other EU Directives. For these
products, Directive 2001/95/EC only applies to the aspects and risks or categories of risks
not covered by those requirements. For example, the Low Voltage Directive does not cover
the need to notify authorities about dangerous products; however the Product Safety
Directive does. Concerning this aspect, the Product Safety Directive applies also to the
product groups that fall within the scope of the Low Voltage Directive.
• Second-hand products supplied as antiques or as products to be repaired or reconditioned
prior to being used.

 For more information on the Low Voltage Directive, please refer to the related documents
section.

Directive 2001/95/EC Directives

covers all products or covering safety
aspects not covered of food
by specific Directives products

Second-hand
Specific
and antique
Directives
products
covering specific
products

Figure 1: Scope and relation of existing product safety Directives

Aim of the Directive

The aim of the Directive is to ensure that products placed on the market are safe.

Requirements
The Directive imposes a general safety requirement on any product put on the EU market. A
product is considered safe in case:

A. It complies with the EU requirements for the safety of the product in question. These
requirements can be determined by both legislation concerning general product safety as

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 well as the specific Directives. Furthermore, standards have been developed for several
products under the framework of the Product Safety Directive. Table 1 of this document as
well as the summary page (to be found in the external links section to this document in the
database), provides an overview. Standards are listed for various child / baby articles, such
as cradles (furniture), but also for other products such as lighters and decorative oil lamps.
B. In the absence of specific product provisions on EU level, the product must comply with the
specific national requirements of the Member State in which it is being marketed or sold, or
with the voluntary national standards which transpose the European standards or legislation.
If these are absent, then the third option is:
C. In the absence of specific EU product provisions (A) and national legislative or voluntary
standards transposing the European standards or legislation (B), the product's compliance is
determined according to the following:
• the voluntary national standards which transpose other relevant European standards or
legislation and the Commission recommendations which set out guidelines on the
assessment of product safety;
• the standards of the Member State in which the product is being marketed or sold;
• the codes of good practice as regards health and safety;
• the current state of the art;
• the consumers' safety expectations.

The Annex included in this document provides a list of harmonised standards that are developed
for specific products within the framework of the General Product Safety Directive.

 For more information on the General Product Safety Directive, please refer to the external
links section of this document in the database.

Responsibility of the manufacturers and distributors

Products put on the market by manufacturers and distributors must always comply with the
general safety requirement. In addition, manufacturers must provide consumers with the
necessary information in order to assess a product’s inherent threat, particularly when this is
not obvious. The information can be provided either by labelling the product or by giving clear
use instructions. Furthermore, manufacturers and distributors should take the necessary
measures to avoid threats. This can mean withdrawing a product from the market, informing
consumers, recalling products which have already been supplied to consumers etc.
Distributors are also obliged to monitor the safety of products on the market and to provide
information on the origin of products. If manufacturers or distributors discover that a product is
not safe, they need to notify the competent authority.

 Fore more information on and examples of product re-calls, please refer to the document
‘Case Product Safety Legislation’ in the related document section.

Implementation of the Directive in Member States

Member States have established or designated inspection authorities. These authorities are
responsible for monitoring product safety, and have powers to take appropriate measures
including effective, proportionate and dissuasive penalties. In addition, Member States have the
authority to withdraw dangerous products already placed on the market and at last resort to
order, coordinate and organise the recall of dangerous products already supplied to consumers.
Under Directive 2001/95/EC the national inspection authorities established a European network
called RAPEX, in order to facilitate the quick exchange of information. The cooperation lies in
many standardisation activities, in particular risk assessment, testing of products, exchange of
expertise and scientific knowledge, execution of joint surveillance projects and tracing,
withdrawing or recalling dangerous products.

Last update: March 2007

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Annex: Summary list of titles and references of harmonised standards related to
general product safety
The information contained in the summary list is a compilation of the references of standards
which have been published in the Official Journal of the European Union. Although the lists are
updated regularly, they may not be complete and they do not have any legal validity; only
publication in the Official Journal produces legal affect.
Source (March 2007):
http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/reflist/gpsd.html

ESO Reference and title of the standard

(and reference document)
CEN EN 581-1:2006 Outdoor furniture - Seating and tables for camping, domestic and contract use -
Part 1: General safety requirements
CEN EN 913:1996 Gymnastic equipment - General safety requirements and test methods
CEN EN 916:2003 Gymnastic equipment - Vaulting boxes - Requirements and test methods
including safety
CEN EN 957-1:2005 – EN 957-10:2005 Stationary training equipment - Part 1: General safety
requirements and test methods
CEN EN 957-2:2003 - Stationary training equipment - Part 2: Strength training equipment,
additional specific safety requirements and test methods
CEN EN 957-4:1996 - Stationary training equipment - Part 4: Strength training benches, additional
specific safety requirements and test methods
CEN EN 957-5:1996 - Stationary training equipment - Part 5: Pedal crank training equipment,
additional specific safety requirements and test methods
CEN EN 957-6:2001 - Stationary training equipment - Part 6: Treadmills, additional specific safety
requirements and test methods
CEN EN 957-7:1998 - Stationary training equipment - Part 7: Rowing machines, additional specific
safety requirements and test methods
CEN EN 957-8:1998 - Stationary training equipment - Part 8: Steppers, stairclimbers and climbers -
Additional specific safety requirements and test methods
CEN EN 957-9:2003 - Stationary training equipment - Part 9: Elliptical trainers, additional specific
safety requirements and test methods
CEN EN 957-10:2005 - Stationary training equipment - Part 10: Exercise bicycles with a fixed wheel
or without freewheel, additional specific safety requirements and test methods
CEN EN 1129-1:1995 Furniture - Foldaway beds - Safety requirements and testing - Part 1: Safety
requirements
CEN EN 1129-2:1995 Furniture - Foldaway beds - Safety requirements and testing - Part 2: Test
methods
CEN EN 1130-1:1996 Furniture - Cribs and cradles for domestic use - Part 1: Safety requirements
CEN EN 1130-2:1996 Furniture - Cribs and cradles for domestic use - Part 2: Test methods
CEN EN 1400-1:2002 Child use and care articles - Soothers for babies and young children - Part 1:
General safety requirements and product information
CEN EN 1400-2:2002 Child use and care articles - Soothers for babies and young children - Part 2 :
Mechanical requirements and tests
CEN EN 1400-3:2002 Child use and care articles - Soothers for babies and young children - Part 3 :
Chemical requirements and tests
CEN EN 1466:2004 Child care articles - Carry cots and stands – Safety requirements and test
methods
CEN EN 1651:1999 Paragliding equipment - Harnesses - Safety requirements and strength tests
CEN EN 1860-1:2003 Appliances, solid fuels and firelighters for barbecueing - Part 1: Barbecues
burning solid fuels - Requirements and test methods
CENg EN ISO 9994:2006 Lighters - Safety specification (ISO 9994:2005)
CEN EN 12196:2003 Gymnastic equipment - Horses and bucks - Functional and safety requirements,
test methods
CEN EN 12197:1997 Gymnastic equipment - Horizontal bars - Safety requirements and test methods
CEN EN 12346:1998 Gymnastic equipment - Wall bars, lattice ladders and climbing frames - Safety
requirements and test methods
CEN EN 12432:1998 Gymnastic equipment - Balancing beams - Functional and safety requirements,
test methods
CEN EN 12491:2001 Paragliding equipment - Emergency parachutes - Safety requirements and test
methods
CEN EN 12586:1999 Child care articles - Soother holder - Safety requirements and test methods

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 EN 12586:1999/AC:2002
CEN EN 12655:1998 Gymnastic equipment - Hanging rings - Functional and safety requirements,
test methods
CEN EN 13138-2:2002 Buoyant aids for swimming instruction - Part 2: Safety requirements and test
methods for buoyant aids to be held
CEN EN 13209-1:2004 Child use and care articles - Baby carriers - Safety requirements and test
methods - Part 1: Framed back carriers
CEN EN 13319:2000 Diving accessories - Depth gauges and combined depth and time measuring
devices - Functional and safety requirements, test methods
CEN EN 13899:2003 Roller sports equipment - Roller skates - Safety requirements and test methods
CEN EN 14059:2002 Decorative oil lamps - Safety requirements and test methods
CEN EN 14344:2004 Child use and care articles - Child seats for cycles - Safety requirements and
test methods
CEN EN 14350-1:2004 Child use and care articles - Drinking equipment - Part 1: General and
mechanical requirements and tests
CEN EN 14682:2004 Safety of children's clothing - Cords and drawstrings on children's clothing –
Specifications
CEN EN 14764:2005 City and trekking bicycles - Safety requirements and test methods
CEN EN 14766:2005 Mountain-bicycles - Safety requirements and test methods
CEN EN 14781:2005 Racing bicycles - Safety requirements and test methods
CEN EN 14872:2006 Bicycles - Accessories for bicycles - Luggage carriers
This list (published in OJ C 171 of 2006-07-22) replaces all the previous lists published in the Official Journal of the
European Union.

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