1. Product Safety and Market Surveillance Package
Peter Bischoff-Everding

2. Product Safety and Market Surveillance Package 13 February 2013
Communication on More Product Safety and Better Market Surveillance in the Single Market of Products, COM(2013)74
Proposal for a Regulation on Consumer Product Safety, COM(2013)78
Proposal for a Regulation on Market Surveillance of Products, COM(2013)75
Communication on 20 actions for safer and compliant products for Europe: multi-annual plan for surveillance, COM(2013)76
Report on the Implementation of Regulation (EC) No 765/2008, COM(2013)77

3. Proposal for a Consumer Product Safety Regulation

4. CPSR proposal From a Directive to a Regulation
Market surveillance provisions of the General Product Safety Directive (incl. RAPEX) moved to the proposed Regulation on Market Surveillance
Repeal of GPSD and of Directive 87/357/EEC on food-imitating products
All (non-food) consumer products, unless exempted

5. Basic Principles General safety requirement
Enhanced product identification and traceability
Obligations of economic operators
Co-regulation with European standardisation 5

6. General safety requirement
Consumer products must be safe, Art. 4
Presumption of safety, Art. 5
Compliance with health and safety requirements of Union harmonisation legislation
Compliance with EN standards referenced in accordance with GPSD/CPSR
Compliance with national health and safety requirements
Safety assessment criteria, Art. 6
In case of non-harmonised consumer products 6

7. Product identification and traceability
Indication of origin, Art. 7
Identification of the product, Art. 8/10
Identification of the manufacturer and importer, Art. 8/10
Verification by distributors, Art. 11
Identification of economic operators in the supply chain (‘one up, one down’), Art. 14
Possibility for specific traceability schemes, Art. 15

8. Other obligations of economic operators
Technical documentation, Art 8/10
Manufacturers’ risk analysis and risk management
Available to authorities for compliance checks and risk assessment
Information obligations, Art. 8-11
Notification of unsafe products

9. Co-regulation with European standardisation
EN standards in support of general safety requirement
Presumption of safety
Streamlined procedures
Aligned with Standardisation Regulation 1025/2012

10. Proposal for a Regulation on Market Surveillance of Products

11. MSR proposal
Merger of market surveillance rules of Reg. 765/2008, GPSD, sector-specific pieces of EU legislation
Simplification: 3  1
Improving cross-border action and cooperation 11

12. Scope of the MSR Proposal
Harmonised and non-harmonised products
Food & feed etc. excluded
Partially exclusion for medicinal products, medical devices etc.
Lex specialis rule 12

13. Framework for market surveillance
Rights and obligations of market surveillance authorities
Appropriate powers and resources
‘Tool-kit’
Streamlined procedures
Basic principles
Control of products on the internal market
Control of imported products at the borders 13

14. Union assessment of restrictive national measures
Possibility of objection by Member States or Commission
Assessment by the Commission 14

15. Union action against unsafe products
Empowerment for Commission
In case of serious risk
Risk cannot be satisfactorily contained by Members States or other procedure under Union legislation
Bans or restrictions on products 15

16. Exchange of information
RAPEX
moved from GPSD to new MSR
rapid information between Member States about products presenting a risk
brings together notifications under GPSD and Art. 22 Reg. 765/2008
triggers Union assessment procedure regarding national restrictive measures 16

17. Exchange of information
Information and Communication System for Market Surveillance (ICSMS)
sharing of information related to market surveillance activities
accessible to national market surveillance and customs authorities 17

18. Cooperation and coordination
Mutual assistance
ad hoc in individual cases
European Market Surveillance Forum (EMSF)
Institutional framework 18

19. State of play and next steps
Negotiations in Council and European Parliament
Council Working Parties
EP Committees
Envisaged adoption: spring 2014 19