Market surveillance cooperation at European level Helmut Bayer

Community legislation Market surveillance, responsibility of Member States Defined in horizontal Articles of Directives Revision of the New Approach, specific requirements to be fulfilled by MSt. Set up in horizontal regulation Ambitious objections

Scope Consumer products Products of professional use Priority for products with high potential risks Placing on the market and putting into service

Objective of market surveillance Products should satisfy community legislation Ensure a high level of safety Effective action against non compliant products Functioning information exchange

Need of market surveillance in the pressure equipment field Reduced third party involvement on conformity assessment procedures Competition of Notified Bodies Pressure Equipment as consumer products Increased imports from Third Contries

Role 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

Tasks of Member States Establish a market surveillance system Ensure adequate resources Empower their authorities to take necessary measures Draw up market surveillance programmes Establish information and cooperation systems

Tasks of Member States Authorities Perform appropriate checks on the safety of pressure equipment Take appropriate precautionary measures Take appropriate measures to inform parties involved Take part on European information and co-operation systems

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 Set up European co-operation and information on market surveillance Coordinate common market surveillance projects

Task of the Commission Set up ADCO groups and take part in their activities Establish and coordinate market surveillance projects Set up appropriate programme Ensure information exchange Develop electronic information systems

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

Specific problems in the pressure Equipment field Identification of defects New approach allows different technical solutions High potential risks Imports from outside Europe Consumer products as well as products for professional use High number of consumer products

Overview

Incomplete fusion

Formal 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 on Community level Sharing of resources by cooperation between MSt. Authorities Exchange of information between MSt. Authorities Set up of electronic information system by the Commission Organisation and support of market surveillance programmes by the Commission Taking into account demands of market surveillance in the revision of Directives

Detection of non compliant pressure equipment Use of information tools like ICSMS, RAPEX, CIRCA Nat. Authorities provide the systems with information Appropriate information is offered timely Information on test results and possible distribution channels

Cooperation on European level ADCO Group Sectoral group of national Authorities and the Commission Exchange of expertise Development of best practices Information on detection of non compliant pressure equipment Set up and carry out common market surveillance programmes Cooperation on measures against dangerous products

Challenges for Member States Market surveillance is a new function Manpower shortage in many MSt. Safety does not enjoy political priority The authority has to assume liability, either for an accident because of inactivity or for an safeguard measure evaluated as unjustified

Perspective Common understanding of safety Economic aspects in the context with safety Awareness of safety aspects on side of Commission and MSt. Today technical safety is taken as obvious, but not seen as a task which needs resources. Also MS may be seen as a burden for industries. But European industries needs fair competition, otherwise products with a lower safety level will be successfully on the market. Safety is not only a matter of protection of health, but also necessary for economic operation of installations. The awareness of safety is rather low in politics today. Even in policy papers of relevant Commission units you will not find the word safety. But if safety is not seen as a priority you will not get necessary resources. Whether the ambiguous goals of the revision of the New Approach will be fulfilled or not depends also on the development of political awareness on safety.

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