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EC to prevent the sale of second hand prams

January 17th, 1993
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Myth: EC regulations have banned the sale of second hand Silver Cross prams, therefore charity shops cannot make any money from selling them.

Response: This allegation is completely unfounded. No action whatsoever has been taken either at Community level or by the relevant UK authorities in relation to Silver Cross Prams. However it seems that the manufacturers, on their own instigation and following a series of complaints (and possibly as a result of adverse publicity on a BBC consumer television programme) called for the recall of certain Twin or Dual Pushchairs supplied by themselves.

The relevant United Kingdom legislation is the Perambulators and Pushchairs (Safety) Regulations of 1978 and the 1985 Pushchairs (Safety) Regulations; these prohibit the sale of prams and pushchairs which do not conform to the requirements of certain specific BS standards. The British authorities have informed us, however, that no measures have been taken to prevent such sale in relation to the Silver Cross Pram, by virtue of their powers under the 1987 Consumer Protection Act.

Coincidentally on 24.6.92 the UK notified the Commission, pursuant to Directive 83/189/EEC, of its draft legislation for the 1992 Wheeled Child Conveyance (Safety) Regulations which provide the compliance with a new standard , BS 7409/1991. When they enter into force, these regulations will repeal the earlier provisions of 1978 and 1985. On 29.9.92 the Commission decided not to make any observations on the proposed draft (See Notification 92/0168/UK).

There is of course no legislation specifically covering children’s prams or pushchairs. The Directive on General Product Safety (Dir 92/59/EEC, which provides for Member States to take measures, inter alia, to have withdrawn from the market products which have proved to be dangerous) states that when such measures will effect intra-Community trade, the Member State concerned is obliged to inform the Commission so that further measures may be taken community-wide if necessary. This directive does not enter into force until 29.6.94.

Under the existing system for the Rapid Exchange of Information on the dangers arising from the use of consumer products – which is governed by Council Decision 89/45/EEC, and covers steps taken to counter serious and immediate risks to the health and safety of consumers from products – the Consumer Policy Service has not been notified of any national measures on this front.

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