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外國消費者保護法第08輯 - 英文

日期:96/02/02
資料來源:消費者保護處

Danish Product Safety Act

Part 1

Scope of Act etc.

1.

(1)This Act shall apply to any product which is placed on the market, Furthermore, the Act shall apply to services related to a product.

(2)This Act shall apply no matter whether the product or the service is offered for a consideration or not.

(3)This Act shall not apply to products or services which private individuals provide to each other or which are manufactured or provided exclusively for use in the production of a business enterprise.

(4)Furthennore, this Act shall not apply to second-hand movables supplied as products to be repaired or reconditioned prior to being used, provided that the acquirer has been notified hereof in writing, nor shall it apply to antiques.

(5)This Act shall not apply to the extent provisions have been laid down by or in accordance with other legislation to implement specific union rules concerning aspects of product safety or categories of risk for the product concerned.

2 -

(l)This Act shall apply to all products and services which are manufactured, offered for sale, sold, offered or provided in this country or which are intended for export to another EU country.

(2)This Act shall not apply to products and services exported to a country outside the EU unless otherwise provided for by international agreement or by regulations laid down by the Minister of Industry and Coordination.

Part 2

Definitions

Product

3. A product shall mean movables of any kind whether it is a raw material or a natural product- Moreover, a product shall mean real property, excluding the site, as well as component parts of and appurtenances to such real property.

Producer

4.

(1)Producer shall mean

(a) the manufacturer of the product or a component part;

(b) the person placing a raw material or a natural product on the market;

(c) the person presenting him or herself as the manufacturer by affixing to the product his or her name, trade mark or other distinctive mark;

(d) the person who reconditions the product.

(2)In addition, producer shall mean the manufacturer¡¦s representative as stated in subsetcion (1) if the manufacturer is not established in the EU and there is no representative of the producer established in the EU, the importer of the product shall be deemed to be producer.

(3)Other professionals in the supply chain shall be deemed to be producers, insofar as their activities affect the safety properties of a product.

Distributor

5.

(1)Distributor shall mean any professional in the supply chain whose activity does not affect the safety properties of a product.

(2)Anyone placing real property on the market shall likewise be deemed to be a distributor.

Safe product

6.

(1)A product shall be deemed to be safe if it does not present any risk to the health arid safety of persons or property when used for the assumed purpose or in a way in which it is expected to be used.

(2)A product sahil not be considered dangerous for the sole reason that it is possible to obtain higher levels of safety or because another arid safer product is available.

(3)Subesections (1) and (2) shall apply correspondingly to services.

7.

(1)To the extent a product is designed and manufactured or a service is porvided in accordance with the health and safety requirements laid down by law, the product shall be deemed safe in relation to these safety aspects.

(2) Where no health and safety requirements are laid down by law, the safety of a product or a service shall be assessed having regard to

(a) a Danish standard giving effect to a harmonised European standard or Community technical specifications or, failing these, to

(b) a Danish standard or, failing this, to

(c) the state of the art and technology and to the safety which consumers may reasonably expect; or, failing this, to

(d) codes of good practice in the sector concerned.

(3)To the extent harmonised safety requirements have been laid down by Community law or in pursuance thereof in respect of products or services, these shall replace the corresponding safety requirements laid down in the provisions of subsections (1) and (2).

Part 3

Marketing and manufacture

8.

(l)Only safe products may be placed on the market, and only safe services may be provided.

(2) Within the limits of his or hers activities anyone placing or having placed a product on the market shall take all reasonable measures to prevent danger to persons or property. This shall also apply to services.

9.

(l)Anyone placing a product on the market or providing a service shall in a suitable menner provide information on any possible risk of danger and on how to take precautions against those risks. Such information shall not in itself exempt any person from compliance with the other requirements laid down by this act.

(2) Within the limits of their respective activities the producer and the distributor shall adopt the necessary measures to avoid the marketing of dangerous products. Such measures may include marking of the product, sample testing of marketed products and investigating complaints made and passing on information on product dangers.

(3)Tf measures adopted under subsections (1) and (2) are not adequate, the producer and the distributor shall within the limits of their respective activities withdraw the product from the market.

Part 4

Monitoring of the market

10. The monitoring authority shall supervise the safety of products and services. Any professional in the supply chain shall, to the extent it is necessary, cooperate in the monitoring.

1 Elf a product which has not yet been placed on the market or a service which has not yet been provided constitutes a health or safety risk, the monitoring authority may determine

(l)that a product may only be placed on the market or a service may only be provided together with specificed information about the dangers which the product or the service may present;

(2)that a product or a product batch may not be placed on the market or a service may not be provided if they present a danger unless specified requirements regarding the product or the service are satisfied;

(3)temporarily to prohibit, for the period required to carry out controls, anyone from offering, supplying or exhibiting a product or product batch or a service whenever danger arises therefrom;

(4)that a product may not be placed on the market or a service may not be provided if the product or the service presents a danger and information or requirements under paragraphs (1), (2) or (3) must be considered inadequate.

12.

(1)11 a product or a service which presents a danger is placed ont he market or provided, the monitoring authority may order that anyone who placed the product on the market or provided the service shall within the limits of the activities of the person concerned forth-with or within a specified time-limit

(a) subsequently provide information on the danger of the product or the service and on how to take precautions against such danger;

(b) remedy matters which are the cause of the danger;

(c) withdraw the product;

(d) destroy the product under appropriate conditions.

(2)Anyone who has been a professional in the supply chain from the time when the danger arose may be required to cooperate in action taken to implement a requirement relating to a product or a service which has been imposed on another professional in the supply chain under this provision.

(3)In cases where a product is required to be withdrawn in pursuance of paragraph (3) of subsection (1) or to be destroyed in pursuance of paragraph (4) of subsection (1), the timelimits set out in sections 54 and 83 of the Danish Sale of Goods Act shall not apply.

13.

(1)Whenever it is deemed necessary, the monitoring authorities may prohibit by executive order the sale and advertising of products and services which are not safe.

(2)In connection with any requirement or prohibition made or issued in pursuance of section 12(1) or section 13(1), the monitoring authority may determine that the owner of a products shall cooperate in a specified manner in the action taken to have the product repaired or withdrawn.

(3)If the product or the service is deemed by the monitoring authority to present a risk to health or safety, no matter whether it satisfies the requirements of section 7(1) and (2), the authority may determine that the product shall not be placed on the market or the service not be provided or that this may only take place under certain conditions or that the product shall be withdrawn.

14. The monitoring authorities may whenever necessary inform the public of the danger of a product or a service.

Part 5

Safety requirements for toys and products which due to their outer appearance may be mistaken for foodstuffs

15. The Minister of Industry and Coordination may lay down rules on safety requirements for toys and products which due to their outer appearance may be mistaken for foodstuffs and thus present a danger to the health or safety of consumers.

16. Furthermore, in rules issued in pursuance of section 15, rules may be laid down on

(1)prohibitions of manufacture and supply, including prohibition of imports into Denmark;

(2)requirements concerning manufacture in accordance with standards, concerning type approvals and concerning labelling;

(3)payment of a fee for type approvals;

(4)payment of costs connected with the monitoring carried out by the authorities if it is ascertained in connection with such monitoring that the toys do not satisfy material safety requirements or have not been made in accordance with the standards or an approved prototype;

(5)the issue of repurchase orders.

Part 6

Administration of the Act

17.

(1)The monitoring authority shall be responsible for monitoring the safety of products and services under this Act.

(2)The National Consumer Agency of Denmark shall handle the function of monitoring authority under this Act unless otherwise provided by section 18. Moreover, the Agency shall be responsible for coordinating the work of the monitoring authorities.

18.

(1)If provisions are laid down by or in accordance with other legislation concerning prevention of the danger of special products or services, the authority responsible for ensuring compliance with such legislation shall moreover exercise the powers as monitoring authority under this Act as regards these products or services. The minister whose sphere of activity covers such other legislation may lay down rules concerning case administration and right of complaints which differ from the provisions of this Act.

(2)Unless safety provisions are laid down by special legislation, the Minister of Industry and Coordination may after consultation with the authorities affected delegate powers under this Act to another authority by executive order.

19.

(i)The supervisory, approval and monitoring measures set out under Part 5 shall be carried out by central or local government authorities or private enterprises authorised for the purpose by the Minister of Industry and Coordination.

(2)Prohibitions and orders under Part 5 shall be issued and made by the National Consumer Agency of Denmark. The Council may authorise the authorities mentioned in subsection (1) to issue or make prohibitions or orders.

20.

(1 )The monitoring authority may of its own motion or based on a notification take up a matter for consideration. The monitoring authority may determine that a notification shall not be considered if, in the opinion of the authority, there are no grounds for considering the notification.

(2)The rules laid down by the Danish Public Administration Act concerning consultation of the relevant parties shall apply to measures covered by this Act. If because of the urgency of the measures to be taken the monitoring authority takes action without having consulted the party affected, such party shall be given an opportunity to submit its views as soon as possible after the measure concerned has been implemented.

21.

(1 )The monitoring authority may demand all information that is deemed to be necessary for the activity of the authority, including its decision as to whether a matter comes within the provisions of the Act.

(2)The Danish Open Files Act shall not apply to information obtained

(a) for use for the authority¡¦s control on the control carried out by the enterprises themselves;

(b) through the public control corresponding hereto; or

(c) concerning the quality certification of the enterprises.

22.

(1)The monitoring authority shall be entitled, free of charge, to take samples of products or components thereof with a view to examinations and tests. The monitoring authority shall agalnst due proof of identity have access without a court order to the manufacturing, sales and storage premises etc. as well as means of transportation belonging to anyone covered by sections 4 and 5.

(2)The police shall assist the monitoring authority. The Minister of Justice may after consultation with the Minister of Industry and Coordination lay down more detailed rules thereon.

(3)The monitoring authority shall pay the cost of obtaining expert opinions which are deemed necessary by the authority to determine whether a requirement or prohibition shall be made or issued. The authority may demand that the cost thereof shall be reimbursed by anyone on whom a requirement or prohibition has been imposed.

23.

(I )The decision of a monitoring authority under this Act cannot be brought before any other administrative authority, cf., however, section 18.

(2)Any requrements or prohibitions made or issued in pursuance of sections 12 and 13 shall without undue delay be brought before the courts of law by the monitoring authority if an objection is made by the person to whom the prohibition or requirement is addressed.

(3)The court may determine that any action brought as mentioned in subsection (2) shall have suspenSive effect.

24. The National Consumer Agency of Denmark shall forthwith be notified by the monitoring authority of any significant product safety measures adopted in pursuance of paragraphs (2)-(4) of section 11, paragraphs (2)-(4) of section 12(1) and subsections (1) and (3) of section 13 of this Act or any other legislation. The National Consumer Agency of Denmark shall notify the Commission of the European Union of measures adopted in pursuance of the Act to the extent required by Council Directive 92/59 EEC.

25.

(l)The Minister of Industry and Coordination shall lay down detailed rules concerning the administration of the Act, including, after consultation with the ministers affected, rules on how to coordinate the efforts of the monitoring authority.

(2)The Minister of Industry and Coordination may delegate the powers under subsection (1) to the monitoring authority.

(3)Moreover, the Minister of Industry and Coordination may lay down the rules required for the future implementation or application in this country of the legal documents of the European Union concerning product safety. As regards, legal documents which concern products coming within the spheres of other ministries, the minister in question shall lay down the rules.

Part 7

Court proceedings

26.

(l)Cases covered by this Act shall be heard by the city court. If, however, detailed knowledge of product safety matters is deemed to be of significance to decide the case, the case shall be heard by the Maritime and Commercial Court in Copenhagen.

(2)If proceedings are brought before the Maritime and Commercial Court in Copenhagen by reason of infringement of legislation, cf. subsection (1), the prosecution of the offence may be delegated to the National Consumer Agency of Denmark. cL section 105(3) of the Danish Administration of Justice Act.

Part 8

Penalty provisions etc.

27.

(1)Unless the offence carries a more severe penalty under any other legislation, anyone who wilfully infringes section 8(1) shall be liable to a fine.

(2)Unless the offence carries a more severe penalty under any other legislation, anyone who wilfully or through gross negligence or repeatedly falls to comply with any requirement or infringes a prohibition under sections 11 and 12 shall be liable to a fine.

(3)Failure to supply the monitoring authority with any information requested under section 21 shall be punishable by fine.

(4)In regulations issued by the Minister of Industry and Coordination in pursuance of sections 13 and 15, fines may be imposed for infringement of the provisions of such regulations.

28. Where an offence is committed by a company, an association, an independent institution, a foundation or the like, liability to pay a fine may be imposed on the legal person as such. If the offence is committed by the Danish government, a local authority or a joint municipal enterprise, cf. section 60 of the Local Government Act, liability to pay a fine may be imposed on the Danish government, local authority or joint municipal enterprise.

29. The Danish Administration of Justice Act, cf. Consolidated Act No. 905 of 10 November 1992, as amended by Act No. 469 of 30

June 1993, shall be amended as follows:

Section 105(3) shall be drafted as follows:

(3)The Danish Minister of Justice may appoint the Consumer Ombudsman and employees of the National Consumer Agency of Denmark to prosecute any offence before the Maritime and Commercial Court and the city courts in cases concerning the Danish Marketing Practices Act. Employees of the National Consumer Agency of Denmark may be appointed to prosecute offences before the Maritime and Commercial Court in cases concerning the Danish Product Safety Act.

Part 9

Commencement and transitional provisions

30.

(1)This Act shall come into operation on 15 June 1994.

(2)At the same time, sections 12a and 12b as well as section 15(2) and (3) and section 19(6) of the Danish Marketing Practices Act, cf. Consolidated Act No. 594 of 27 June 1992, shall be repealed.

(3)The provisions laid down in pursuance of section 12 a of the Danish Marketing Practices Act shall remain in force until repealed or replaced by provisions laid down in pursuance of this Act.

31 This Act shall not extend to the Faroe Islands and Greenland. Given at Clzristiansborg Castle this 18th day of May 1994

Under Our Royal Hand and Seal

In the Name of the Queen:

FREDERIK Crown Prince

[Mimi Jakobsen