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Market Surveillance

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Title: Market Surveillance


1
Market Surveillance Europe
Jan Deconinck, M.Sc. Prosafe Chairman
4th International Workshop on Conformity
Assessment - Rio De Janeiro - 8 / 9 December 2008
2
Overview
  • Legal framework - "New Approach"
  • Overview of national organisation
  • Belgium
  • France
  • Spain
  • Portugal
  • Market surveillance (case study Belgium)
  • Tasks
  • Powers
  • Organisation
  • Conclusions

4th International Workshop on Conformity
Assessment - Rio De Janeiro - 8 / 9 December 2008
3
  • Product Safety Enforcement Forum of Europe
  • Established in 1990 by market surveillance
    officers
  • Over 20 EU and EFTA member states regularly
    represented at meetings

4th International Workshop on Conformity
Assessment - Rio De Janeiro - 8 / 9 December 2008
4
  • Goal to improve market surveillance by promoting
    closer co-operation and collaboration amongst
    national authorities
  • Partner with European Commission on EMARS
    Project and Lighters Project,...
  • www.prosafe.org

4th International Workshop on Conformity
Assessment - Rio De Janeiro - 8 / 9 December 2008
5
4th International Workshop on Conformity
Assessment - Rio De Janeiro - 8 / 9 December 2008
6
1. Legal Framework "New Approach"
GPSD Producers shall be obliged to place only
safe products on the market.
7
1. Legal Framework
GPSD 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,
8
1. Legal Framework
New approach 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.
9
1. Legal Framework
  • 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

10
1. Legal Framework
  • 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.

11
1. Legal Framework
  • 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

12
1. Legal framework
Europe General Product Safety Directive
2001/95/EC of 3 DEC 2001 effective 15 JAN
2004 Consumer Products for those aspects and
risks which are not covered by specific Community
law with the same objective
Belgium Law on Safety of Products and Services of
9 FEB 1994 (modified 18 December 2002) effective
16 FEB 2003 professional products services
13
1. Legal framework
  • Belgium
  • Professional products
  • Integration of the regulations concerning the
    safety of
  • machinery
  • personal protective equipment
  • pressure equipment
  • lifts
  • ...
  • into the law on safety of products and services

14
1. Legal framework
  • Belgium
  • Services
  • The fact to make a product (or installation)
    available to a consumer
  • Each use that might endanger the consumer
  • playgrounds
  • fair grounds
  • active leisure (karting, bungee, in-door
    climbing,...)
  • renting of products (DIY, ice skating, ...)
  • ...

15
1. Legal framework
Belgium The law is the horizontal legal base for
- the transposition of several new approach
directives - Belgian New Approach Type royal
decrees
Law on the safety of products and services
Machinery
Toys
PPE
PED
...
Lifts
Playgrounds
Fair grounds
Renting
Active leisure
...
16
2. Overview of national organisation
Population Surface Belgium 10 million 30,500
km² France 61 million 552,000 km² Spain 45
million 506,000 km² Portugal 10 million 92,000
km²
17
2.1 Overview of national organisation BELGIUM
  • Geographic-Administrative structure
  • Belgium is a federal country which comprises
  • 3 Regions
  • Flanders Wallonia Brussels-Capital
  • 3 Languages (Dutch, French and German)

18
2.2 Overview of national organisation
BELGIUM
  • Market Surveillance Organisation
  • Federal Public Service (FPS) Economy, S.M.E.'s,
    Self-employed and Energy
  • 3 regional services
  • Other authorities include
  • FPS Labour
  • FPS Mobility and transport
  • FPS Health
  • FPS Finance

19
2.1 Overview of national organisation
BELGIUM
  • Market Surveillance Organisation
  • General coordination Central Contact Point for
    Consumer Products
  • Consumer Safety Commission (CSC)
  • The CSC is an independent assembly
  • To issue recommendations and suggest any measure
    to better the prevention of risks as regards the
    safety of products and services
  • To make evaluations of risks concerning consumer
    products
  • To co-ordinate all federal goverment campaigns
    concerning product safety

20
2.2 Overview of national organisation FRANCE
Geographic-Administrative structure France is a
republic divided into 26 Regions 100
Departments
21
2.2 Overview of national organisation
FRANCE
  • Market Surveillance Organisation
  • The general Directorat for Competition,
    Consumption and Fraud Repression is the General
    authority for market surveillance. (DGCCRF)
  • All consumer products, food, feed and industrial
    products on all levels (production, import,
    distribution)
  • Safety of services
  • 23 regional directorates (regions)
  • Use of own laboratories (DGCCRF DGDDI
    (Customs), total of 9 labs 470 workers)

22
(No Transcript)
23
2.2 Overview of national organisation
FRANCE
  • Market Surveillance Organisation
  • Other authorities include
  • The general directorate on customs (DGDDI)
  • General directorate on regional action, quality
    and industrial safety
  • General directorate on housing and construction
  • Directorate on working relations
  • General coordination The Interministerial
    Committee on Consumer Affairs

24
2.2 Overview of national organisation
FRANCE
  • Consumer Safety Commission (CSC)
  • The CSC is an independant public authority
  • Missions
  • To issue recommendations (gt 350) and suggest any
    measure to better the prevention of risks as
    regards the safety of products and services
  • To bring to the publics knowledge all the
    information the Commission thinks necessary
  • To search and make a list of all data on the
    dangers presented by products or services

25
2.3 Overview of national organisation SPAIN
  • Geographic-Administrative structure
  • Spain is, what is called a State of Autonomies,
    formally unitary but, in fact, functioning as a
    highly decentralized Federation of Autonomous
    Communities
  • 50 provinces
  • 17 autonomous communities
  • It is regarded as the most decentralized nation
    in Europe

26
2.3 Overview of national organisation
SPAIN
  • Market Surveillance Organisation
  • The Autonomous Communities are each completely
    responsible for all consumer issues.
  • The practice of market surveillance is the
    responsibility of the autonomous communities.
  • General coordination The Spanish
    National Consumer Institute
  • Link with European Commission
  • RAPEX

27
2.4 Overview of national organisation PORTUGAL
Geographic-Administrative structure Portugal
consists of 308 municipalities, witch are
organised in a very complex manner. The main
structures are 18 districts 5 NUTS II Regions
(Comissões de Coordenação e Desenvolvimento
Regional - Nomenclature of Territorial Units for
Statistics)
28
2.4 Overview of national organisation
PORTUGAL
  • Market Surveillance Organisation
  • Instituto do Consumidor (Institute of the
    Consumer)
  • The Institute is in charge of the control of
    compliance
  • advertising code,
  • direct marketing
  • consumer safety

29
2.4 Overview of national organisation
PORTUGAL
  • Consumer (Services and Products) Safety
    Commission (CSC)
  • The CSC is an independant public authority
  • Missions
  • To issue recommendations and suggest any measure
    to better the prevention of risks as regards the
    safety of products and services
  • To bring to the publics knowledge all the
    information the Commission thinks necessary
  • To search and make a list of all data on the
    dangers presented by products or services

30
3. Market Surveillance Tasks - Powers -
Organisation
  • Europe
  • Competent Authorities
  • Nominate the authorities competent to monitor the
    compliance of products
  • and define their
  • tasks
  • powers
  • organisation

31
3.1 Market Surveillance Tasks
  • Market Surveillance
  • Ensure that producers and distributors comply
    with their obligations

32
3.1 Market Surveillance Tasks
  • Market Surveillance
  • Ensure that producers and distributors comply
    with their obligations
  • Producers shall only place safe products on the
    market
  • Introduction of harmonised standards which
    give presumption of conformity
  • Producers shall provide relevant information to
    enable consumers to assess the risks inherent in
    a product
  • Producers shall adopt measures to enable them to
    be informed of risks an take appropriate actions
  • Traceability --- RAPEX

33
3.1 Market Surveillance Tasks
  • Market Surveillance
  • Ensure that producers and distributors comply
    with their obligations
  • Distributors shall not supply products of which
    they (should) know that they dont comply with
    the applicable safety requirements
  • Distributors shall participate in monitoring the
    safety of products

34
3.1 Market Surveillance Tasks
  • Market Surveillance
  • Ensure that producers and distributors comply
    with their obligations
  • Give the opportunity to consumers and other
    interested parties to submit complaints and
    follow op these complaints
  • Establish sectoral surveillance programmes
  • Follow-up of scientific and technical knowledge
    concerning product safety
  • Periodical review and assessment of the
    surveillance activities and approach

35
3.2 Market Surveillance - Powers
Europe Powers Give the authorities the necessary
powers to take appropriate action and measures
36
3.2 Market Surveillance - Powers
  • Belgium
  • Powers (1)
  • By royal decree rules can be established for the
    manufacturing, the import, the export, the
    modification, the marketing, the renting, the
    distribution for free, the labelling, the use ...
    of products or types of products
  • Advice is needed from the Consumer Safety
    Commission

37
3.2 Market Surveillance - Powers
  • By royal decree rules can be established for the
    manufacturing, the import, the export, the
    modification, the marketing, the renting, the
    distribution for free, the labelling, the use ...
    of products or types of products

38
3.2 Market Surveillance - Powers
  • Belgium
  • Powers (2)
  • 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

39
3.2 Market Surveillance - Powers
  • The Minister can order
  • to withdraw the products of the market

foto eclipsbril
40
3.2 Market Surveillance - Powers
  • The Minister can order
  • to publish the results of tests and decisions

41
3.2 Market Surveillance - Powers
  • The Minister can order
  • to recall very dangerous products

42
3.2 Market Surveillance - Powers
  • The Minister can order
  • to inform the public

43
3.2 Market Surveillance - Powers
  • The Minister can order
  • to inform the public

44
3.2 Market Surveillance - Powers
  • The Minister can order
  • to inform the public

45
3.2 Market Surveillance - Powers
  • The Minister can order
  • to destroy products if needed

46
3.2 Market Surveillance - Powers
  • The Minister can order
  • to stop the selling of the product

47
3.2 Market Surveillance - Powers
  • The Minister can order
  • the manufacturer to have the product tested by an
    independent laboratory

48
3.2 Market Surveillance - Powers
  • Belgium
  • Powers (3)
  • The competent authorities can
  • enter every storage shed, shop, plant
  • take samples free of charge and examine them
  • take every document they need
  • hear producers and employees
  • use the finding of other competent authorities
  • block stocks

49
3.2 Market Surveillance - Powers
  • The competent authorities can
  • take samples free of charge and examine them

50
3.2 Market Surveillance - Powers
  • The competent authorities can
  • take samples free of charge and examine them

51
3.2 Market Surveillance - Powers
  • The competent authorities can
  • take samples free of charge and examine them

52
3.2 Market Surveillance - Powers
  • The competent authorities can
  • take every document they need

53
3.2 Market Surveillance - Powers
Europe Penalties Provide for effective,
proportionate and dissuasive penalties
54
3.2 Market Surveillance - Powers
  • Belgium
  • Penalties
  • 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

55
3.3 Market Surveillance - Organisation
Belgian Competent Authorities
FPS Economy, SMEs, Self-employed and Energy
56
3.3 Market Surveillance - Organisation
Belgian Competent Authorities
FPS Employment, Labour and Social dialogue
FPS Economy, SMEs, Self-employed and Energy
57
3.3 Market Surveillance - Organisation
Belgian Competent Authorities
FPS Employment, Labour and Social dialogue
FPS Economy, SMEs, Self-employed and Energy
FPS Health, Food Chain Safety and Environment
58
3.3 Market Surveillance - Organisation
Belgian Competent Authorities
FPS Employment, Labour and Social dialogue
FPS Economy, SMEs, Self-employed and Energy
FPS Mobility and Transport
FPS Health, Food Chain Safety and Environment
59
3.3 Market Surveillance - Organisation
Belgian Competent Authorities
FPS Employment, Labour and Social dialogue
FPS Economy, SMEs, Self-employed and Energy
FPS Mobility and Transport
FPS Health, Food Chain Safety and Environment
FPS Finance
60
3.3 Market Surveillance - Organisation
Belgian Competent Authorities
FPS Employment, Labour and Social dialogue
FPS Economy, SMEs, Self-employed and Energy
Central Contact Point
FPS Mobility and Transport
FPS Health, Food Chain Safety and Environment
FPS Finance
61
3.3 Market Surveillance - Organisation
Belgian Competent Authorities
FPS Employment, Labour and Social dialogue
FPS Economy, SMEs, Self-employed and Energy
Central Contact Point
FPS Mobility and Transport
Consumer Safety Commission
FPS Health, Food Chain Safety and Environment
FPS Finance
62
3.3 Market Surveillance - Organisation
Belgian Competent Authorities FPS ECONOMY
63
3.3 Market Surveillance - Organisation
Belgian Competent Authorities CENTRAL CONTACT
POINT
  • Consumers, producers and distributors report
    products and services that dont fulfill the
    safety requirements
  • Belgian contact point for the European Exchange
    systems (RAPEX, CIRCA, ...)
  • Statiscal evaluations of risks concerning
    consumer products
  • Co-ordinate all federal goverment campaigns
    concerning product safety

64
3.3 Market Surveillance - Organisation
Belgian Competent Authorities CENTRAL CONTACT
POINT
Central Contact Point
65
3.3 Market Surveillance - Organisation
Consumers
Industry
Authorities
Central Contact Point
66
3.3 Market Surveillance - Organisation
Consumers
Industry
Authorities
RAPEX
Central Contact Point
67
3.3 Market Surveillance - Organisation
Consumers
Industry
Authorities
RAPEX
Advisory commissions
Central Contact Point
Ext. experts and mediation
68
3.3 Market Surveillance - Organisation
Consumers
Industry
Authorities
RAPEX
Advisory commissions
Central Contact Point
Consumers, industry, notified bodies ...
Ext. experts and mediation
Market surveillance
Follow up
Product control
Administration
Market surveillance by the authorities
69
4. Conclusions
  • 4.1 Organisation
  • The organisation of the Market Surveillance
    Authorities is closely linked to the geographic
    administrative structure of the country.
  • In highly decentralised countries a coordination
    authority is needed
  • Belgium Central Contact Point for Consumer
    Products
  • France Interministerial Committee on Consumer
    Affairs
  • Spain the National Consumer Institute

70
4. Conclusions
  • 4.2 Enforcement ltgt Information
  • In most countries a distinction is made between
  • the Market Surveillance Authority
  • surveillance
  • enforcement
  • an (independent) Commission (outside
    authority)
  • to give independent advice
  • to inform the public
  • to gather statistical information

71
4. Conclusions
  • 5.3 Effectiveness
  • In order to be effective, a MSA needs
  • the necessary powers to take appropriate action
    and measures
  • to participate in networking (information
    exchange)
  • - nationally
  • - European-wide
  • - internationally

72
5. Questions ?
4th International Workshop on Conformity
Assessment - Rio De Janeiro - 8 / 9 December 2008
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