1. 1 Pl. Powstańców Warszawy 1 00 – 950 Warsaw Tel. (48-22) 55 60 390 Fax. (48-22) 827 03 04 www.uokik.gov.pl e – mail: ddz@uokik.gov.pl The Office for Competition and Consumers Protection

2. 2 MARKET SURVEILLANCE IN POLAND an example of the horizontal approach Renata Wolanin Director of the Market Surveillance Department The Office for Competition and Consumers Protection

3. 3 UOKiK Office for Competition and Consumers Protection Competition State Aid Consumer Policy Market Surveillance General Product Safety New Approach Directives Fuels

4. 4 SYSTEMS of CONTROLS New Approach Directives –from 1 st of May 2004 –23 directives (without medical devices) –OCCP: co-ordination role in market surveillance General Product Safety Act –from 31 st January 2004 –transposing GPSD 2001/95/EC –OCCP: application of measures Quality of the fuels –from 1 st May 2004 –strategic planning with some involvement in controls

5. 5 GENERAL PRODUCT SAFETY

6. 6 Market surveillance in the field of general product safety (GPS) LEGISLATION introduces safety requirements for consumer products not subject to sectoral legislation sets out additional obligations on producers and distributors (e.g. notifications) nominates the authorities competent to monitor the safety of products (defines the tasks, powers and organisation) provides measures with the purpose to ensure that producers and distributors comply with their obligations and that dangerous products are eliminated from the market

7. 7 Market surveillance in the field of general product safety (GPS) 1.The President of the OCCP: measures 2.The Trade Inspection : controls (16 regional offices with the co-ordination on the central level ) In addition: The Council of Ministers (legislation), The Ministry of Health (consumers accidents).

8. 8 Market surveillance in the field of general product safety (GPS) LEGAL INSTRUMENTS adequate measures (alerting consumers, withdrawal from the market, recall from consumers, destruction of dangerous product, safety instruction) proportionality of measures preferences for voluntary action of producers and distributors legal basis for urgent Community actions (art. 13) publicly available register of dangerous products legal basis for RAPEX penal provisions

9. 9 Market surveillance in the field of general product safety (GPS)2004 Trade Inspection: 2 300 controls, 10 000 products examined OCCP: 106 cases examined 63 investigations (administrative proceedings) 55 voluntary actions taken by producers, 9 decisions of the OCCP

10. 10 Market surveillance in the field of general product safety (GPS) 2004 investigations – types of products

11. 11 Market surveillance in the field of general product safety (GPS) 2004 cases – sources of information

12. 12 Market surveillance in the field of general product safety (GPS) 2004 3 joint surveillance projects – NETWORK (candles, high chairs, baby beds) PROSAFE project on the concept of serious risk 15 notification from producers on dangerous products

13. 13 NEW APPROACH DIRECTIVES

14. 14 Market Surveillance for New Approach Directives HORIZONTAL LEGISLATION – Parliamentary ActHORIZONTAL LEGISLATION – Parliamentary Act SECONDARY LEGISLATION –SECONDARY LEGISLATION – transposition of specific provisions of Directives transposition of specific provisions of Directives

15. 15 Market Surveillance for New Approach Directives HORIZONTAL LEGISLATION definitions notified bodies, accreditation, designation, notification CE marking harmonized standards market surveillance penalties

16. 16 Market Surveillance for New Approach Directives HORIZONTAL LEGISLATION - MARKET SURVEILLANCE authorities competent to monitor the compliance with NAD (tasks, powers and organisation, co-operation with customs) application of measures uniformed procedure for controls information for consumers / users (register) internal exchange of information protection of CE marking

17. 17 Market Surveillance for New Approach Directives The President of the OCCPThe President of the OCCP is responsible for monitoring the system Inspections:Inspections: 1) the Trade Inspection 2) the Labour Inspection 3) the President of the State Mining Authority 4) the President of the Office for Telecommunication and Post Regulation 5) the President of the Office for Railway Transport 6) construction control authorities 7) the Inspection for Environmental Protection 8) Maritime Offices

18. 18

19. 19 Market Surveillance for New Approach Directives OCCP OCCP contact point for campaigns concerning product safety and other requirements RAPEX contact point co-ordination of controls statistics and information reporting to the Council of Ministers international co-operation concordats with Inspections and customs administration on co-operation and Steering Committee register of non-compliant products

20. 20 Market Surveillance for New Approach Directives Inspections - CONTROL POWERS request information ask for documents and explanations take samples of products for testing test the products apply measures

21. 21 P reference for voluntary measures before applying any measures, Authority sets a time limit for the producer to voluntarily : –make product compliant with the essential requirements or –withdraw product from the market Market Surveillance for New Approach Directives

22. 22 Market Surveillance for New Approach Directives Measures withdrawal from the market recall from consumers ban on placing products on the market destruction of the product

23. 23 Products not compliant with specific safety requirements Other Products Products not compliant with essential requirements Dangerous products IH PIP customs authority GUNB UM UTK WUG URTiP IOŚ OCCP Publicly available data data available only for inspections Market Surveillance - Flow of information

24. 24 Market Surveillance for New Approach Directives 2004 new inspectors employed adequate finance resources for training and controls 1000 inspectors trained by OCCP and many more internally by Inspections (training programs) customs officers trainning programme IT system (data base and statistics) publications and training materials for inspectors

25. 25 Market Surveillance for New Approach Directives May - December of 2004 – results (provisional data) 6 200 controls (reactive and pro-active campaigns) 13 000 products controlled 560 products questioned (mostly documentation, marking and safety instructions)

26. 26 Market Surveillance for New Approach Directives 2005 CE campaign for consumers 8500 controls planned (+ interventions) more training new publications (horizontal, LVD, Toys, machinery, others) International projects (e.g.: PPE guide, SOGS, Baltic Initiative)

27. 27 Market Surveillance for New Approach Directives horizontal legislation - easy to use for inspectors and industry uniformly high level of enforcement transparency of the system sharing of resources: joint actions, common trainings avoiding unnecessary duplications common approach to problems

28. 28 Market Surveillance for New Approach Directives uniformed criteria for designation of NB eased external co-operation (EC, customs, international programmes) contact point for industry and consumers easy access to information and statistics consumer protection considered as a whole (NAD + GPSD)

29. 29 Pl. Powstańców Warszawy 1 00 – 950 Warsaw Tel. (48-22) 55 60 390 Fax. (48-22) 827 03 04 www.uokik.gov.pl e – mail: ddz@uokik.gov.pl The Office for Competition and Consumers Protection