European Commission

Rita L’ABBATELegal aspects linked to internal market

DG Enterprise and Industry

MARKET SURVEILLANCECOMMUNITY FRAMEWORK

UNECE “MARS” Group meetingBratislava, 25 September 2006

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Content of the presentation

1. BACKGROUND AND RATIONALE OF THE NEW APPROACH REVISION

2. COMMUNITY FRAMEWORK FOR MARKET SURVEILLANCE

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The New Approach …(1)

A concept to facilitate free movement of goods in the Internal Market whilst ensuring a high level of protection

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1/ Creation of the Internal Market

• Effective elimination of technical barriers to trade which mayresult from diverging national technical standards and

regulations.

• Large sectors have been harmonised by one single Community measure.

• Stability of the regulatory environment due to the definition of technology-independent essential requirements.

The New Approach… (2)

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2/ Enhancing competitiveness of European industry

• No mandatory application of standards; flexibility for manufacturers to use different technical solutions, thus

fostering innovation.

• Faster and more efficient market access.

• Use of European standards, often based upon international standards, has helped increase the presence of European industry in global markets.

The New Approach…(3)

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• Better Regulation process:

- industry needs a simple and transparent legal framework;

- EU must ensure coherent & consistent implementationand application of existing internal market instruments.

• A more consistent implementation of the New Approachwill support our efforts to encourage international

alignment with the EU regulatory framework.

The New Approach Revision (1)

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The New Approach revision… (2)

The revision will focus on :

Consistency of concepts and definitions Ensuring traceability Accreditation - Notified Bodies Clear meaning of marking

Market surveillance/enforcement

Exercise in strengthening system – NOT changing system

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WHY a Community market surveillance framework (1)

• CHANGE OF MIND SET ON MARKET CHANGE OF MIND SET ON MARKET SURVEILLANCESURVEILLANCE

• BEFOREBEFORE: EXCEPTION TO FREE CIRCULATION: EXCEPTION TO FREE CIRCULATION

• NOWNOW: DUTY TO ENFORCE EU LEGISLATION : DUTY TO ENFORCE EU LEGISLATION EFFECTIVELYEFFECTIVELY

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WHY a Community market surveillance framework (2)

Market surveillance should ensure:

- Equally high level of protection of citizens

- the counterbalance of controls carried out prior to placing on the market

- that unfair competition to stakeholders both inside and outside the EU is avoided

- trust and transparency between Member States

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MARKET SURVEILLANCE

DEFINITION :

could mean all the measures, procedures and activities carried out to ensure that products made available on the EU market:

comply with the applicable essential requirements, bear the required conformity markings, have been submitted to the required conformity assessment

procedure(s) are accompanied by the necessary technical documentation are submitted, where appropriate, to the Community control

procedure for bringing them in line with the essential regulatory requirements

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market surveillance (envisaged Community framework) (1)

Recommendations for Market Surveillance:

Create a common level throughout the Union

Reinforce administrative co-operation

Render more efficient the application of the safeguard clause

Enhance the relationship with the Directive on General Product Safety (2001/95/EC)

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market surveillance (envisaged Community framework) (2)

Market surveillance could be organised at three levels :

definition of the essential requirements to be met by national market surveillance systems

co-operation between Member States and the Commission

establishment of a Community control

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market surveillance (envisaged Community framework) (3)

Essential Requirements (1): setting up an effective market survillance system appointment of national authorities competent for

monitoring conformity of the relevant product and definition of their tasks

delegate the necessary powers and resources cover the full range of products subject to a Directive

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market surveillance (envisaged Community framework) (4)

Essential Requirements (2):- determine the necessary procedures (e.g. monitor accidents, register

and follow-up compliants, etc.)

- define the necessary measures (e.g. carry out cheks, take samples for inspections and tests, etc.)

- ensuring independence, confidentiality and professional secrecy

- ensure cooperation with the releted economic operators

- etc…

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Market surveillance (envisaged Community framework) (5)

TO REINFORCE CO-OPERATION

develop a consistent administrative cooperation:

- general activities- exchange of information- sharing of resources

develop more efficient external border controls

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Market surveillance - (envisaged Community framework) (6)

Development of more effective and efficient cross-border co-operation

this could imply :

- exchange of information on (potentially) non-compliant products

- enforcement actions to be taken

- controls at national level and across national boundaries

- creation of Networks

- e-facilities….

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Market surveillance - (envisaged Community framework) (7)

Reinforce and precise co-operation

between customs officers and market surveillance authorities

Take part in cooperation and ensure minimum checks

Regulation 339/93 on checks for conformity – products imported from third countries

Commission Decision 93/583 – list of products

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Market surveillance - (envisaged Community framework) (8)

SAFEGUARD MECANISMSAFEGUARD MECANISM

render more efficient the application of safeguard clause

• Ensure appropriate action at national/local level

• Increase involvement of the manufacturer and harness expertise available in MS

• Simplify and shorten the procedure • Create a uniform safeguard mechanism applying to all Community Directives

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Market surveillance - (envisaged Community framework) (9)

Last but not least

ROLE OF THE ECONOMIC OPERATORS

● addressing all operators in the supply and distribution chain

● clear statement of their obligations

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Market surveillance - (envisaged Community framework) (10)

Community control :

• inform the Commission of the national market surveillance arrangements

• introduce appropriate information system between national authorities and the Commission

• verification by the Commission and MS whether national systems meet the requirements of the Community framework

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CONCLUSIONS

1. Market surveillance is an important policy tool to ensure no negative side effects on citizens a level playing field for manufacturers

2. Therefore, the future proposal will : Ensure homogeneity and coherence between

common provisions for market surveillance for consumer safety, product safety and safety at place of work, for ALL harmonisation directives

Support and reinforce any measure and practical action likely to implement an efficient market surveillance system

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TIMETABLE

Revision of the New Approach

Working documents since 2004 Public consultation - July 2006 Specific questionnaires – 15 September 2006 Adoption of the proposal by the Commission

end 2006

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Market surveillance

THANK YOU FOR YOUR ATTENTION

FURTHER INFORMATION AT

http://europa.eu.int/comm/enterprise/newapproach/market_surveillance.htm