1. European Commission Rita L’ABBATE Legal aspects linked to internal market DG Enterprise and Industry MARKET SURVEILLANCE COMMUNITY FRAMEWORK UNECE “MARS” Group meeting Bratislava, 25 September 2006

2. 2 Content of the presentation 1.BACKGROUND AND RATIONALE OF THE NEW APPROACH REVISION 2.COMMUNITY FRAMEWORK FOR MARKET SURVEILLANCE

3. 3 The New Approach …(1) A concept to facilitate free movement of goods in the Internal Market whilst ensuring a high level of protection

4. 4 1/ Creation of the Internal Market Effective elimination of technical barriers to trade which may result from diverging national technical standards and regulations. Large sectors have been harmonised by one single Community measure. Stability of the regulatory environment due to the definition of technology-independent essential requirements. The New Approach… (2)

5. 5 2/ Enhancing competitiveness of European industry No mandatory application of standards; flexibility for manufacturers to use different technical solutions, thus fostering innovation. Faster and more efficient market access. Use of European standards, often based upon international standards, has helped increase the presence of European industry in global markets. The New Approach…(3)

6. 6 Better Regulation process: -industry needs a simple and transparent legal framework; -EU must ensure coherent & consistent implementation and application of existing internal market instruments. A more consistent implementation of the New Approach will support our efforts to encourage international alignment with the EU regulatory framework. The New Approach Revision (1)

7. 7 The New Approach revision… (2) T he revision will focus on :  Consistency of concepts and definitions  Ensuring traceability  Accreditation - Notified Bodies  Clear meaning of marking  Market surveillance/enforcement Exercise in strengthening system – NOT changing system

8. 8 WHY a Community market surveillance framework (1) CHANGE OF MIND SET ON MARKET SURVEILLANCECHANGE OF MIND SET ON MARKET SURVEILLANCE BEFORE: EXCEPTION TO FREE CIRCULATIONBEFORE: EXCEPTION TO FREE CIRCULATION NOW: DUTY TO ENFORCE EU LEGISLATION EFFECTIVELYNOW: DUTY TO ENFORCE EU LEGISLATION EFFECTIVELY

9. 9 WHY a Community market surveillance framework (2) Market surveillance should ensure: -Equally high level of protection of citizens -the counterbalance of controls carried out prior to placing on the market -that unfair competition to stakeholders both inside and outside the EU is avoided - trust and transparency between Member States

10. 10 MARKET SURVEILLANCE DEFINITION : could mean all the measures, procedures and activities carried out to ensure that products made available on the EU market:  comply with the applicable essential requirements,  bear the required conformity markings,  have been submitted to the required conformity assessment procedure(s)  are accompanied by the necessary technical documentation  are submitted, where appropriate, to the Community control procedure for bringing them in line with the essential regulatory requirements

11. 11 market surveillance (envisaged Community framework) (1) Recommendations for Market Surveillance:  Create a common level throughout the Union  Reinforce administrative co-operation  Render more efficient the application of the safeguard clause  Enhance the relationship with the Directive on General Product Safety (2001/95/EC)

12. 12 market surveillance (envisaged Community framework) (2) Market surveillance could be organised at three levels :  definition of the essential requirements to be met by national market surveillance systems  co-operation between Member States and the Commission  establishment of a Community control

13. 13 market surveillance (envisaged Community framework) (3) Essential R equirements (1):  setting up an effective market survillance system  appointment of national authorities competent for monitoring conformity of the relevant product and definition of their tasks  delegate the necessary powers and resources  cover the full range of products subject to a Directive

14. 14 market surveillance (envisaged Community framework) (4) Essential R equirements (2): -determine the necessary procedures (e.g. monitor accidents, register and follow-up compliants, etc.) -define the necessary measures (e.g. carry out cheks, take samples for inspections and tests, etc.) -ensuring independence, confidentiality and professional secrecy -ensure cooperation with the releted economic operators -etc…

15. 15 Market surveillance (envisaged Community framework) (5)  TO REINFORCE CO-OPERATION  develop a consistent administrative cooperation: - general activities - exchange of information - sharing of resources  develop more efficient external border controls

16. 16 Market surveillance - (envisaged Community framework) (6) Development of more effective and efficient cross-border co-operation this could imply : - exchange of information on (potentially) non- compliant products - enforcement actions to be taken - controls at national level and across national boundaries -creation of Networks - e-facilities….

17. 17 Market surveillance - (envisaged Community framework) (7) Reinforce and precise co-operation between customs officers and market surveillance authorities  Take part in cooperation and ensure minimum checks  Regulation 339/93 on checks for conformity – products imported from third countries  Commission Decision 93/583 – list of products

18. 18 Market surveillance - (envisaged Community framework) (8) SAFEGUARD MECANISM render more efficient the application of safeguard clause Ensure appropriate action at national/local level Increase involvement of the manufacturer and harness expertise available in MS Simplify and shorten the procedure Create a uniform safeguard mechanism applying to all Community Directives

19. 19 Market surveillance - (envisaged Community framework) (9) Last but not least ROLE OF THE ECONOMIC OPERATORS ●addressing all operators in the supply and distribution chain ●clear statement of their obligations

20. 20 Market surveillance - (envisaged Community framework) (10) Community control : inform the Commission of the national market surveillance arrangements introduce appropriate information system between national authorities and the Commission verification by the Commission and MS whether national systems meet the requirements of the Community framework

21. 21 CONCLUSIONS 1.Market surveillance is an important policy tool to ensure  no negative side effects on citizens  a level playing field for manufacturers 2.Therefore, the future proposal will :  Ensure homogeneity and coherence between common provisions for market surveillance for consumer safety, product safety and safety at place of work, for ALL harmonisation directives  Support and reinforce any measure and practical action likely to implement an efficient market surveillance system

22. 22 TIMETABLE Revision of the New Approach  Working documents since 2004  Public consultation - July 2006  Specific questionnaires – 15 September 2006  Adoption of the proposal by the Commission end 2006

23. 23 Market surveillance THANK YOU FOR YOUR ATTENTION FURTHER INFORMATION AT http://europa.eu.int/comm/enterprise/newapproach/market _surveillance.htm