Industry Meeting 2003

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Industry Meeting 2003 Market Surveillance Brusse
ls 22 January 2003
Callewaert Francky ENTR G5 Construction Enterprise
Directorate-General
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Positioning

• Attestation of
• Conformity

Market Surveillance
Before After the product is placed on the
market

• Main actors
• Industry
• Notified Bodies

• Main actors
• Member States

Prevent Detect products that do not conform
with the harmonised specifications
Complementary but independent
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The obligations of the Member States
Once the system is in place
Protect/enforce CE marking
Monitor the notified bodiesannex IV of the CPD
Prohibit use of conflicting marks Article 15 of
the CPD
ensure that the CE Marking is correctly
usedArticle 15 of the CPD Active Market
Surveillance
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The starting point
Marked construction products
Industry has done its part
MS

• Organised by the government
• Controlled/guided by the government

The aim a uniformly high enforcement level of
Internal Market legislation
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The origin

• Implicit requirements in Treaties
• take all appropriate measures (Art 10/EC)
• avoid discrimination (Art 12/EC)
• Few explicit requirements in the CPD
• General Products Safety Directive Active
  Approach

Article 15 Article 21
Subsidiarity applies

• Different national organisations
• local authority (UK)
• state or autonomous region (Germany, Spain)
• national (France)

• Different national approaches
• home authority
• targeting purchasers
• systematic sampling
• targeting trade fairs

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Proportionate response

• correction where possible
• restriction or withdrawal if necessary
• sanctions if required
• Most enterprises
• prefer a solution

And not a safeguard clause on basis of article 21
of the CPD
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The safeguard clause
The member state

• Prohibit/block/withdraw product
• Inform Commission with justification

Not compliant with technical specification Incorre
ct use of harmonised technical specification bad
specification
The Commission

• Consults all parties If justified inform all
  Member States

The Member States

• appropriate measures

Commission refers the matter to the Standing
Committee on Construction
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Subsidiarity but.
Member States Industry End users

Request the Commission to take action
Co-ordinating action to assure

• uniform application of EU law
• equal protection to all citizens
• level playing field for enterprises

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Uniform high level of enforcement
The aim

• Commission initiatives
• Administrative co-operation groups
• Mutual Joint Visit Programme

For construction Market Surveillance is still
under discussion gt Active or passive Market
Surveillance gt Information exchange gt Practical
organisation Work programme 2003
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Difficulties

• Lack of resources
• Correct partners (SCC, customs, economy?)
• Co-ordination with horizontal activities
• Particularities of construction sector

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Concrete issues

• Quality or other marks
• Distribution Centres
• Testing of products
• Integration with building control?
• ...

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The proposal

• The Commission will organise a workshop in June
  2003
• with correct representatives of Member States
• with representatives of new Member States

Aim the establishment of a concrete action plan
to organise and bring into practicean
efficient and cost effective Market Surveillance
system