No L 278/64 Official Journal of the European Communities 11. 11. 93 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 25 October 1993 concerning the institution of a Community system for the exchange of information in respect of certain products which may jeopardize consumers’ health or safety (93/580/BEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Par- liament (%), Whereas, in the context of the internal market and in particular to maintain its ability to function, Member States and the Commission should be informed of measures restricting or prohibiting the marketing or use of products; Whereas, to this end, current Community legislation provides for notification procedures in the event of risks arising from products which comply with that legislation, along with a procedure for the rapid exchange of informa- tion in respect of consumer products presenting a serious and immediate risk ; whereas, on the other hand, there is in general no procedure whereby Member States can receive information on products marketed in a Member State which do not comply with Community or national legislation and which present a degree of risk to consu- mers health or safety, although they do not give rise to any serious and immediate risk; Whereas Council Directive 92/59/EEC of 29 June 1992 on general product safety (%) is intended to introduce, as soon as it is brought into force on 29 June 1994, a notifi- () OJ No C 347, 31. 12. 1992, p. 11. ) OJ No C 115, 26. 4. 1993, p. 211. () O No L 228, 11. 8. 1992, p. 24. cation procedure applicable to products which are not covered by an equivalent procedure under specific Community legislation ; Whereas abolition of controls at intra-Community fron- tiers makes it necessary to bring forward certain measures to be taken pursuant to Article 7 of Directive 92/59/EEC, in order to ensure that the Member States and the Commission have at their disposal, a procedure for the exchange of information on the products in question ; Whereas this procedure should therefore apply to any consumer product which does not comply with the appli- cable rules and may jeopardize the health or safety of consumers, while not presenting a serious and immediate risk, and in respect of which a Member State has decided to take restrictive measures, in so far as the product concerned is not covered by an equivalent Community notification procedure ; Whereas this Decision does not apply to the following products in so far as Community notification procedures apply to them : agricultural products, foodstuffs, cosmetic products, tobacco products, materials and objects coming into contact with foodstuffs, medicinal preparations, medical products including means of #n wvitro diagnosis, plant health products; Whereas, by Decision 89/45/EEC (*), a warning system has been set up, providing for a procedure for the rapid exchange of information between the Member States and () OJ No L 17, 21. 1. 1989, p. 51. Decision as amended by Decision 90/352/EEC (O] No L 173, 6. 7. 1990, p. 49).