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Commission Implementing Regulation (EU) 2024/1459 of 27 May 2024 laying down rules for the application of Regulation (EU) 2023/988 of the European Parliament and of the Council as regards the implementation of the interoperable interface of the Safety Gate Portal for providers of online marketplaces

Type Implementing Regulation

Publication 2024-05-28

State In force

Text As published

Department European Commission, JUST

Source EUR-Lex

articles 3

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Image omitted; see official source	Official Journal of the European Union	EN L series

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	2024/1459	28.5.2024

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC ¹, and in particular Article 34(6) thereof,

Whereas:

(1) Regulation (EU) 2023/988 requires the Commission to maintain the Safety Gate Portal, the public interface of the Safety Gate Rapid Alert System.

(2) Information communicated on the Safety Gate Portal is essential for providers of online marketplaces to comply with a number of their obligations under Regulation (EU) 2023/988, in particular those laid down in Article 22(6) and (7) of Regulation (EU) 2023/988. In addition, providers of online marketplaces are encouraged to check products with the Safety Gate Portal before placing them on their interface.

(3) To facilitate the compliance of providers of online marketplaces and in accordance with Article 34(5) of Regulation (EU) 2023/988 the Commission has developed an interoperable interface system to enable providers of online marketplaces to link their interfaces with the Safety Gate Portal. That interoperable interface should be made available on the Safety Gate Portal.

(4) Providers of online marketplaces should be able to get access to the interoperable interface system following their registration with the Safety Gate Portal in accordance with Article 22(1) of Regulation (EU) 2023/988.

(5) Providers of online marketplaces should only be able to receive via the interoperable interface information which is publicly available and that is already published on the Safety Gate Portal. They should, however, be able to customise, via this interface, certain aspects of how they can download the information, including the frequency of the information received.

(6) The measures provided for in this Regulation are in accordance with the opinion of the General Product Safety Regulation Committee established in accordance with Article 46(1) of Regulation (EU) 2023/988,

HAS ADOPTED THIS REGULATION:

Article 1

Access to the interoperable interface system of the Safety Gate Portal

On registering with the Safety Gate Portal in accordance with Article 22(1) of Regulation (EU) 2023/988, providers of online marketplaces may link their interfaces to the Safety Gate Portal by using the interoperable interface.

Article 2

Receiving information via the interoperable interface of the Safety Gate Portal

Those providers of online marketplaces that have linked their interface with the interoperable interface of the Safety Gate Portal in accordance with Article 1 of this Regulation may download information already made publicly available on the Safety Gate Portal, in accordance with Article 34(1) of Regulation (EU) 2023/988.

Providers of online marketplaces may configure the frequency and content of the information they can download in line with the instructions published by the Commission on the Safety Gate Portal.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 13 December 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2024.

For the Commission

The President

Ursula VON DER LEYEN

OJ L 135, 23.5.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/988/oj.

ELI: http://data.europa.eu/eli/reg_impl/2024/1459/oj

ISSN 1977-0677 (electronic edition)

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