Market Surveillance

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Market Surveillance

• Freistetter Gerald
• Federal Ministry for Economy and Labour Austria

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Once upon a time

• In Egypt
• Standards for length and mass could be found
  in the temples
• The use of wrong measures resulted in the
  anger of the gods
• The hands of criminals with wrong measures
  have been cut off

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Trust is an important issue

• Manufacturer of measuring instruments
• Assembler, installer
• User
• Ideal world

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Reality is reminding us

• Manufacturer
• Measuring instrument does not fulfil
  allrequirements
• Assembler, installer
• Wrong or incomplete installation
• User
• Trying to influence the measuring instrument in
  his own favour

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Reality is reminding us

• Personal experiences
• National experiences
• European and international experiences
• It is necessary to check the instruments on the
  market and the use

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New Approach Directives

• NAWI Directive 90/384/EEC
• Measuring Instruments Directive2004/22/EC
• And in addition many other directives

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Requirment
It is an equal failing to trust everybody, and
to trust nobody
Market Surveillance required by New Approach
Directives
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NAWI 90/384/EEC
Article 7

• When a member state considers ..
• A measuring instrument does not meet the
  requirements .
• Procedures and measures .

• In addition Blue Guide
• Description of Market Surveillance

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MID 2004/22/EC
Article 18

• When a member state considers ..
• A measuring instrument does not meet the
  requirements .
• Procedures and measures .

• Competent authorities
• Information exchange, certificates
• Unduly fixed marking

• In addition Blue Guide
• Description of Market Surveillance

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MID 2004/22/EC
Measuring Instruments Directive
Manufacturer Quality Essential
Requirements Specific Requirements EN, OIML
Notified Bodies Testing Surveillance QM-Systems
Type Approvals Common Application
Member State Market Surveillance Authorities Com
mon Application
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Reality is reminding us

• Personal experiences
• National experiences
• European and international experiences
• It is necessary to check the instruments on the
  market and the use

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Regulation 765/2008

• Regulation (EC) No. 765/2008 of the European
  Parliament and of the Council of 9th July 2008
  setting out the requirements for accreditation
  and market surveillance relating to the marketing
  of products and repealing Regulation (EEC) No
  339/93

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Regulation 765/2008

• Community market surveillance framework and
  controls of products entering the community
  market
• Articles 15 to 29

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Regulation 765/2008

• Products covered by community legislation
• Member state responsibility
• Infrastructure
• Programmes
• Carrying out market surveillance
• Information obligation

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Regulation 765/2008

• Obligation of member state as regards
  organisation
• Procedures
• Following up complaints
• Accidents, health issues
• Verify corrective actions
• Entrust market surveillance authorities with
  power, resources and knowledge
• Principle of proportionality
• Review of national programmes

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Regulation 765/2008

• Market surveillance measures
• Products presenting a serious risk
• Restrictive Measures
• Exchange of Information
• General information support system
• Cooperation between member state and the
  Commission
• Sharing of resources

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Regulation 765/2008

• Controls of products entering the Community
  market
• Release of Products
• National Measures

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Future
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Future

• Metrology is working for the Public!

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