A single market for electrical products Market surveillance perspective

1
A single market for electrical productsMarket
surveillance perspective

• Jan Willem Weijland
• Voedsel en Waren Autoriteit
• Food and Product Safety Authority

2
European integration - history

• 1951 Treaty European Coal and Steel Community
• 1957 Treaty establishing European Economic
  Community and
• European Atomic Energy Community
• 1992 Treaty on European Union.

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The Single Market

• The single economy provides a base for stable
  cooperation and contributes to political
  stability. The cornerstones of economical
  integration is the formation of a single market.
• Principal objectives of the single market
• Free circulation of goods
• High level of protection for the European
  citizens

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Requirements for the establishment of a single
market

• Unification of product requirements through
  harmonization of product legislation
• Obligation for the Member States to allow the
  free movement of goods
• Obligation for the Member States to establish
  Market Surveillance Authorities

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Harmonization of legislation

• Product requirements in Directives
• High level of consumer protection
• Allow innovation
• Obligation for the MS to implement Directives in
  their Legislation
• Implementation dependent on legal system in MS
• Obligation for MS to enforce this legislation

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Harmonization of legislation

• Low Voltage Directive
• The LVD defines requirements for electrical
  products within its scope in general terms, thus
  providing for high level of safety and allowing
  innovation essential requirements
• LVD refers to harmonized European Standards,
  which convey the presumption of conformity
• LVD provides for a single conformity assessment
  procedure, that holds for the whole EU
• LVD provides for a notification system for non
  compliant products

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Harmonization of legislation

• Product requirements in Directives
• High level of consumer protection
• Allow innovation
• Obligation for the MS to implement Directives in
  their Legislation
• Implementation dependent on legal system in
  Member State
• Obligation for MS to enforce this legislation

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Harmonization of legislation

• Product requirements in Directives
• High level of consumer protection
• Allow innovation
• Obligation for the MS to implement Directives in
  their Legislation
• Implementation dependent on legal system in MS
• Obligation for MS to enforce this legislation

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Enforcement of product legislation

• Obligation to enforce Community Legislation
• (Article 10 of the EC treaty)
• Market surveillance is essential tool for the
  enforcement of product legislation
• The purpose of Market Surveillance is
• Ensure compliance with legislation
• Establish community wide equivalent level of
  protection
• Help to eliminate unfair competition
• Member States are obliged to organize and carry
  out Market surveillance.

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Enforcement of product legislation

• Market surveillance (enforcement) national
  responsibility
• Member states to certain extent dependent on each
  other
• Risk that non complying products seek member
  state with lowest level of Market surveillance to
  enter the European market
• Risk that product with sales ban in one Member
  State go to Member state with less Market
  surveillance

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Organization of Market surveillance

• Member States are responsible for the
  organization of Market Surveillance, but can do
  this as they please, provided
• Market Surveillance is carried out by public
  authority
• Market Surveillance is efficient
• Market surveillance covers the whole territory of
  the MS
• This allows considerable freedom in the way MS is
  organized, which is reflected in large
  differences between the Member States.

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Organization of Market surveillance

• United Kingdom regional authorities
• Germany Länder
• Denmark national authority
  Ministry of Economic Affairs
• Netherlands national authority
  Ministry of Agriculture)

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Enforcement of product legislation

• the European Commission stresses
• The importance of effective and efficient Market
  Surveillance
• The need for administrative cooperation between
  the member states
• Inform each other of results of Market
  Surveillance
• Inform each other of non compliant products

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GPSD Article 9 market surveillance

• Sectoral surveillance programs by categories of
  products and the monitoring of surveillance
  activities, findings and results
• Follow up and updating of scientific and
  technical knowledge concerning the safety of
  products
• Periodical review and assessment of the
  functioning of the control activities and, if
  necessary revision of the approach and
  organization

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priorities

• Member States decide!
• In the Netherlands
• Food and Product Safety Authority is part of
  Health Ministry
• ? Product safety is main priority high level of
  consumer protection

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Practice of LVD Enforcement in the Netherlands

• Legal situation
• Conformity assessment is form of self
  certification
• Declaration of conformity based on
• Certification by notified body that product
  complies with standard
• Own tests which show product complies with
  standard
• No tests at all
• Sometimes falsifications of nobo certificates
• Conformity with standard gives presumption of
  conformity

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Practice of LVD Enforcement in the Netherlands

• Projects covering specific product categories
• selection of subjects guided by
• accident statistics
• statistics from previous investigations
• accidents consumer complaints
• experiences in other member states
• direct observation by officers in the field
• regular surveillance
• Inspections by officers in the field
• follow-up of RAPEX and safeguard clauses
• follow up of consumer complaints

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Statistics of article 9 notifications LVD
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Enforcement projects LVD

• Selection of product category
• Market analyses
• Identification importers and producers
• Identification of retail outlets
• Size of the market
• Study of the Standard
• Which standard(s)
• Selection of safety relevant requirements
• Definition of test program
• Inspection and sampling of products (at the
  source)
• Testing and evalution of the results
• Legal action and reporting

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Practice of LVD Enforcement in the Netherlands

• Examples of projects
• Electric kettles
• Mains adaptors for mobile telephones
• Luminaries
• Electric tools

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Enforcement of product legislation

• the European Commission stresses
• The importance of effective and efficient Market
  Surveillance
• The need for administrative cooperation between
  the member states
• Inform each other of results of Market
  Surveillance
• Inform each other of non compliant products

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Exchange of information

• Information exchange
• Administrative cooperation groups LVD-ADCO
• market surveillance issues
• recommendations
• discussion of Commission opinions
• Notification procedure
• informal exchange of information
• formal notifications
• Notofied Body forum

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LVD ADCO

• Recommendations on how to handle practical
  enforcement problems
• Harmonization of the seriousness of shortcomings
  is judged
• Nordic system (serious criticism, criticism,
  remark)
• Discussion on shortcomings in standards and on
  notifications of shortcomings in standards
• UV sun beds hot surfaces of household appliances
  (EN 60335) cable reels (EN 61242)
• Exchange of information of surveillance projects
  in the Member States
• Cross border projects
• Stakeholders meetings

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Border controls

• Aims
• Stopping non compliant products at EU border
• Cooperation between customs and MS-authorities
• Regulation (EEC) No 339/93
• Requires cooperation between custom authorities
  and Market surveillance authorities to check for
  non complying products from third countries
• Stop non complying products to enter the free
  circulation of goods

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Border controls

• Formal agreement with customs
• Information exchange
• Red flags
• Teams of inspectors at main entry points
  (Rotterdam harbour, Schiphol Airport)
• Tracing of goods, source and destinations