Market surveillance Safeguard clause actions

Responsibilities of Member States Responsible for the safety of PE in the sense of market surveillance, Art. 2 PED or Art. 2 SPVD Responsible for the notification of conformity assessment bodies Responsible for the installation and the operation of PE

Role of the Commission Performing the procedures of the safeguard clause Articles in SPVD and PED Monitoring MSt. in regard of free movement of PE

Interface Safeguard clause MSt are obliged to forbid the placing on the market of dangerous PE by applying national measures MSt are obliged to notify their decisions to the Commission Commission has to take an opinion on the justification of the national measures and ask other MSt to take appropriate action or conversely, ask the MSt. to withdraw its action

The safety of persons The ESR are defining an accepted low level of residual risk In general an infringement of ESR will increase the probability of an accident and therefore seen as an endangerment of the safety of persons

Overview

Incomplete fusion

Peaking

Backing ring

Necessity of safeguard clause actions PE endanger the safety of persons (properties) Nonconformity is systematically PE may be placed on the market of several Member States Problem cannot be solved with Art. 16 PED measures

Role of the Notified bodies NB have an essential safety function in a global market If lower safety levels as the European accepted, their role becomes counterproductively The importance of the monitoring function of MSt authorities will increase

The Product safety Directive For PE used as consumer products like vessels for air compressors, pressure cookers, also the PSD applies For industrial PE only the relevant Articles of SPVD or PED apply

Challenges for Member States Market surveillance is a new function Manpower shortage in many MSt. The authority has to assume liability, either for an accident because of inactivity or for an safeguard measure evaluated as unjustified

General problems Formal safeguard procedures take a long time MSt. will not trigger the safeguard clause if problem is solved internally Other MSt. will get information too late or no information at all

To deal with the problems Use the information of CIRCA and provide the system with information CIRCA offers appropriate information timely Verifications of infringements should be based on assessments of bodies independent of all parties involved Take into account the use of the PSD

Perspective Trend of safety Economic aspects in the context with safety Awareness of safety and economic aspects on side of Commission and MSt.

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