Market Surveillance Directorate What to inspect? Dawn Grech

Risk based approach  Impossible to sample and test all products on the market  Prioritise inspections based on risk-based approach Malta Competition and Consumer Affairs Authority 2

3 InspectionsProactive Product diffusion in market National MS Programme Vulnerability of target user Injury statistics Government policies ReactiveComplaints Types of inspections

Risk based approach 1.Product diffusion in the market 2.Vulnerability of target user 3.Injury statistics 4.Government policies 5.Complaints from consumers and/or economic operators Malta Competition and Consumer Affairs Authority 4

Risk based approach (2) Malta Competition and Consumer Affairs Authority 5 Probability of injury Low risk Medium risk High risk Serious risk

Product diffusion in the market  Popular products  Brand  Widespread use throughout population example; detergents  Increased probability of injury  higher priority Malta Competition and Consumer Affairs Authority 6

Vulnerability of target users Malta Competition and Consumer Affairs Authority 7  Vulnerable users such as babies and young children  Severity of injury may be high hence regulations governing such products are more stringent  Example: small parts

Injury statistics  These provide a good indication of problematic product categories  Sources of statistics include;  Complaints  RAPEX notifications  Other stats from public entities such as hospitals Malta Competition and Consumer Affairs Authority 8

Government policies  The government may exert a particular priority to certain product categories  Example in previous years  lifts and PPPs have been on the priority list and therefore included in the MSP  Moreover some sampling is required by law such as testing food for pesticides. In this case the Regulation is followed and data is reported to EFSA with then reports to COM. Malta Competition and Consumer Affairs Authority 9

Complaints and communications  Reactive inspections stem from complaints which may come from;  Economic operators  Consumers  Complaints are encouraged as economic operators/consumers may serve as market surveillance inspectors  To have relevant complaints, the general public needs to be well informed.  Communications with customs  Customs given training Malta Competition and Consumer Affairs Authority 10

On the field...  During an inspection a minimum of 2 persons are present.  The inspectors present themselves as forming part of MCCAA showing the authority’s ID.  The inspection commences and relevant inspection forms are filled in.  If samples are taken another form (sample receipt) is filled in according to product category.  Inspection report filled in at end of inspection Malta Competition and Consumer Affairs Authority 11

On the field...(2) Malta Competition and Consumer Affairs Authority 12 2 MSD officers on site Presentation of themselves and inspection starts Product OK  no further action Product doubtful  inspectors ask for further documentation Product non-compliant and posing danger  product removed from the market. Inspection form filled in

On the field...(3) Malta Competition and Consumer Affairs Authority 13  Example of inspection form

Malta Competition and Consumer Affairs Authority 14 Products not compliant – Serious/High risk Items removed immediately from the shelves. 1 sample is taken and rest are closed in boxes and sealed with tamper evident tape If the retailer is the importer, he will be ordered to remove them from the Maltese market. If the retailer bought them from another importer, then he will be asked for the details of this importer. MSD officer will contact importer once back at the office MSD officers shall fill in: Inspection form & sample receipt Inspection at retailer terminates. Further action will then be taken with the importer if different from the retailer

Malta Competition and Consumer Affairs Authority 15 One sample is taken by MSD officers. Sample receipt filled in. Details on importer are requested. Inspection report is filled in by MSD officers. Signed by both parties. Inspection at retailer terminated. Further action will be taken depending on the outcome of the checks done at the office. Medium Risk Products

Product Compliant Malta Competition and Consumer Affairs Authority 16 Inspection report is filled in by MSD officers. Signed by both parties Inspection at retailer terminated

Back at the office Malta Competition and Consumer Affairs Authority 17 -MSD officers shall input all inspection data in the Market Surveillance data base. -Shall continue to investigate cases as necessary -Shall contact relative importers/retailers if necessary -Shall issue press releases if products are banned -Shall report cases of serious risk on the RAPEX system -Shall take legal action if necessary

Main problems encountered during inspections Malta Competition and Consumer Affairs Authority 18 -No CE Mark or CE mark sticker affixed by the Maltese importer/retailer -No address of local importer on the product -No Warnings -Small parts that fit in small parts cylinder