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Vigilancia Mercado en Reglamentos Tecnicos
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http://economie.fgov.be
Jan Deconinck, M.Sc
Prosafe Chairman
Head of Department Metrology
FPS Economy - Belgium
First International Congress on Market Surveillance in
Technical Regulations
Market Surveillance in the
European member States
Jan Deconinck
Current Head of Department Metrology
Chairman of Prosafe
2009 Head of Regional Unit Market Surveillance Legal Metrology Consumer Safety
2003 Senior Advisor on Consumer Safety to the Belgian Deputy Prime Minister
1996 Market Surveillance Officer
1988 Masters Degree in Mechanical and Electrotechnical Engineering
Free University of Brussels (VUB)
http://economie.fgov.be
be.linkedin.com/jandeconinck
Products Safety Enforcement Forum of Europe
Facilitating cooperation between market surveillance officers
to improve product and service safety since 1990
2005 Coordinating body for Joint Actions and promotor of Best
Practice in Market Surveillance
EMARS 1&2, Baby Walkers, Child appealing appliances, Helmets, Lighters, Sun beds, Cords and Drawstrings, Lighters, Playground Equipment
1990 Established by Market Surveillance Officers
Prosafe
Market Surveillance in Europe
What is the goal of market surveillance
European Legal Framework
Main Challenges for Market Surveillance
Joint Actions
Conclusions
Overview
Market Surveillance in Europe
What is the goal of market
surveillance
European Legal Framework
Main Challenges for Market Surveillance
Joint Actions
Conclusions
Overview
Market Surveillance
http://economie.fgov.be
Safe products
level playing
field
Free circulation
of products
Market Surveillance
http://economie.fgov.be
Consumer rights
Consumer
confidence
Builds internal
market
Market Surveillance
Goal ?
Guaranteeing a high level of protection of public interest
http://economie.fgov.be
Market Surveillance in Europe
What is the goal of market surveillance
European Legal Framework
Main Challenges for Market Surveillance
Joint Actions
Conclusions
Overview
Producers shall be obliged to place only safe products on
the market.
A product shall be presumed safe as far as the risks and
risk categories covered by relevant national standards are
concerned when it conforms to voluntary national
standards transposing European standards,
The directives establish only the essential requirements which the products
must satisfy. Products which do satisfy these requirements must be authorised
by the various Member States on their respective markets. Manufacturers may
of course place on the market products which satisfy higher quality and safety
levels. But Member States cannot require this (except in certain specific
cases).
Products which do not meet these requirements may not be placed on the
market.
The essential requirements imposed in the directives specifically relate to the
risks linked to use of the products. The requirements are imposed on the
designers, producers and importers and bear on the design, manufacture and
sale.
These Directives have a dual purpose:
- ensuring the free movement of goods through
technical harmonisation of entire product sectors, and of
- guaranteeing a high level of protection of public
interest
Key principles : - the definition of mandatory essential requirements,
- the setting up of appropriate conformity assessment
procedures
- the introduction of CE marking.
- Business and industry are given a wide choice of
how to meet their obligations.
- The European standards bodies have the task of
drawing up technical specifications.
Products manufactured in conformity with harmonised standards are presumed to be
conformant to the essential requirements
Standards are not mandatory, they remain voluntary (Alternate paths are possible but the
producer has an obligation to prove his products
are conformant to the essential requirements)
Standards must offer a guarantee of quality with regard to the essential requirements of the
directives
http://economie.fgov.be
Mandatory Essential Requirements
=> Voluntary Standards
A Choice of how to meet obligations
=> Risk Analysis at Design Phase
EUROPE
Competent Authorities
Nominate the authorities competent to monitor
the compliance of products and define their
tasks, powers and organisation
MEMBER STATE
EUROPE
Penalties
Provide for effective, proportionate and
dissuasive penalties
MEMBER STATE
EUROPE
Penalties
Provide for effective, proportionate and
dissuasive penalties
MEMBER STATE
http://economie.fgov.be
Member State (Belgium)
The Minister can order:
to stop the selling of the product
to withdraw the products of the market
to inform the public
to recall very dangerous products
to destroy products if needed
to publish the results of tests and decisions
a warning to the manufacturer
the manufacturer to have the product tested by an independent laboratory
The Minister can order: to withdraw the products of the market
foto eclipsbril
The Minister can order: to publish the results of tests and decisions
The Minister can order: to recall very dangerous products
The Minister can order: to inform the public
The Minister can order: to inform the public
The Minister can order: to destroy products if needed
The Minister can order: to stop the selling of the product
The Minister can order: the manufacturer to have the
product tested by an
independent laboratory
The competent authorities can: take samples free of charge and examine them
The competent authorities can: take every document they need
http://economie.fgov.be
Member State (Belgium)
In case of non-respect of the law, penalties can go up to 20.000 for each
infringement
Penalties are doubled when the infringement is repeated within 5 years
Excessive/unauthorised profits can be confiscated
Publication of the judgement by any means can be ordered
Market Surveillance in Europe
What is the goal of market surveillance
European Legal Framework
Main Challenges for Market
Surveillance
Joint Actions
Conclusions
Overview
Main Challenges for Market Surveillance Authorities ?
- Consistency in the interpretation of
- Obligations
- Risks
- Resources
- Human
- Financial
-Testing Capabilities, Experience, Best practices
- Diversity
Market Surveillance in Europe
What is the goal of market surveillance
European Legal Framework
Main Challenges for Market Surveillance
Joint Actions
Conclusions
Overview
Market Surveillance Joint Actions
- EMARS 1 & 2 Joint Actions
- Funded by European Commission
- 19 Product Activities in the last 5 years Joint Actions
- Typically 20 Member States participating
- Every MS participated in at least 1 joint action
- Links with customs and outreach to China
- Close to source
Joint Actions
- 2011
- Battery Chargers
- Child-Care Articles
- Fireworks
- Lawn Mowers
- 2010
- Food imitating Child Appealing
Products
- Children Fancy Dress
- Laser Pointers
- Ladders
- Visibility Clothing
- 2009
- Baby Walkers
- Child Appealing Appliances
- Helmets
- 2008
- Cords and Drawstrings
- Sun Beds & Solarium Services
- Toys
- 2007
- Extension Cord Sets
- Playground Equipment
- 2006
- Lighters
Market Surveillance in Europe
What is the goal of market surveillance
European Legal Framework
Main Challenges for Market Surveillance
Joint Actions
Conclusions
Overview
Lessons learned
- Market Surveillance requested by industry and
consumers alike
- Pooling of human and material resources creates
better market surveillance in all participating MS
- Cooperating aligns interpretation and
implementation
Efficient Market Surveillance
=
Coordinated Market Surveillance
Market Surveillance
Feedback
http://economie.fgov.be
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