1. Market surveillance cooperation at European level
Helmut Bayer

2. 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

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

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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Overview

15. Incomplete fusion

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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.

22. Thank you for your attention