Obligation to notify recalls

General information

If a consumer product distributed by a company is unsafe, the company must take corrective action. In extreme cases this may involve issuing a recall, where the company asks its customers to return the product. It will then repair, replace or refund the product. Recalls must be notified to the authorities.

Enterprises affected

All companies that place consumer products on the market are concerned:

• Manufacturers
  
• Importers
  
• Distributors

Requirements

If a significant safety risk is identified, companies may decide to recall a product.

Deadlines

Companies are obliged to notify the authorities as soon as they have identified a risk and decided to recall the product.

Competent authority

Any product safety authority; the easiest way is to contact the Federal Ministry of Social Affairs, Health, Care and Consumer Protection (→ BMSGPK)^{German text} directly.

Procedure

Companies should inform the product safety authority about a recall by email, post or fax. No specific format is required, but the notification must contain all the data relating to the company, the product in question and the reason for the recall. Companies must also indicate what action has been taken, i.e. describe the recall in detail. If you have any questions, you can first contact the Federal Ministry of Social Affairs, Health, Care and Consumer Protection by telephone.

The European Business Gateway (→ EU) can also be used to notify recalls. This electronic notification system is particularly useful if the recall also concerns other countries in Europe, as the competent authorities in other EU Member States will be notified.

Required documents

If available, the notification must include:

• Test certificates
  
• Photographs
  
• Information on accidents
  
• Risk assessment
  
• List of domestic and foreign buyers
  

Costs and fees

No fees or charges are payable.

Further information

If a product poses a serious risk, the Federal Ministry of Social Affairs, Health, Care and Consumer Protection must notify the recall to the European Commission via the Rapid Alert System for Non-Food Products (RAPEX).

Legal bases

• Produktsicherheitsgesetz
• EU-Richtlinie über die allgemeine Produktsicherheit