Slajd 1

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The Office for Competition and Consumers
Protection
Pl. Powstanców Warszawy 1 00 950 Warsaw Tel.
(48-22) 55 60 390 Fax. [phone]
04 www.uokik.gov.pl e mail ddz_at_uokik.gov.pl
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The Office for Competition and Consumers
Protection
MARKET SURVEILLANCE IN POLAND an example of the
horizontal approach Renata Wolanin Director of
the Market Surveillance Department
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UOKiK
Competition
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SYSTEMS of CONTROLS

• New Approach Directives
• from 1st of May 2004
• 23 directives (without medical devices)
• OCCP co-ordination role in market surveillance
• General Product Safety Act
• from 31st January 2004
• transposing GPSD 2001/95/EC
• OCCP application of measures
• Quality of the fuels
• from 1st May 2004
• strategic planning with some involvement in
  controls

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• GENERAL
• PRODUCT
• SAFETY

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Market surveillance in the field of general
product safety (GPS)

• LEGISLATION
• introduces safety requirements for consumer
  products not subject to sectoral legislation
• sets out additional obligations on producers and
  distributors (e.g. notifications)
• nominates the authorities competent to monitor
  the safety of products (defines the tasks, powers
  and organisation)
• provides measures with the purpose to ensure that
  producers and distributors comply with their
  obligations and that dangerous products are
  eliminated from the market

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Market surveillance in the field of general
product safety (GPS)

• The President of the OCCP measures
• The Trade Inspection controls
• (16 regional offices with the co-ordination
  on the central level)
• In addition
• The Council of Ministers (legislation),
• The Ministry of Health (consumers accidents).

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Market surveillance in the field of general
product safety (GPS)

• LEGAL INSTRUMENTS
• adequate measures (alerting consumers, withdrawal
  from the market, recall from consumers,
  destruction of dangerous product, safety
  instruction)
• proportionality of measures
• preferences for voluntary action of producers and
  distributors
• legal basis for urgent Community actions (art.
  13)
• publicly available register of dangerous
  products
• legal basis for RAPEX
• penal provisions

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Market surveillance in the field of general
product safety (GPS)

• 2004
• Trade Inspection 2 300 controls,
• 10 000 products
  examined
• OCCP 106 cases examined
• 63 investigations (administrative proceedings)
• 55 voluntary actions taken by producers,
• 9 decisions of the OCCP

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Market surveillance in the field of general
product safety (GPS)

• 2004 investigations types of products

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Market surveillance in the field of general
product safety (GPS)

• 2004 cases sources of information

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Market surveillance in the field of general
product safety (GPS)

• 2004
• 3 joint surveillance projects NETWORK (candles,
  high chairs, baby beds)
• PROSAFE project on the concept of serious risk
• 15 notification from producers on dangerous
  products

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• NEW
• APPROACH
• DIRECTIVES

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Market Surveillance forNew Approach Directives

• HORIZONTAL LEGISLATION Parliamentary Act
• SECONDARY LEGISLATION
• transposition of specific provisions of
  Directives

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Market Surveillance forNew Approach Directives

• HORIZONTAL LEGISLATION
• definitions
• notified bodies, accreditation, designation,
  notification
• CE marking
• harmonized standards
• market surveillance
• penalties

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Market Surveillance forNew Approach Directives

• HORIZONTAL LEGISLATION - MARKET SURVEILLANCE
• authorities competent to monitor the compliance
  with NAD (tasks, powers and organisation,
  co-operation with customs)
• application of measures
• uniformed procedure for controls
• information for consumers / users (register)
• internal exchange of information
• protection of CE marking

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Market Surveillance forNew Approach Directives

• The President of the OCCP is responsible for
  monitoring the system
• Inspections
• 1) the Trade Inspection
• 2) the Labour Inspection
• 3) the President of the State Mining
  Authority
• 4) the President of the Office for
  Telecommunication and Post
• Regulation
• 5) the President of the Office for
  Railway Transport
• 6) construction control authorities
• 7) the Inspection for Environmental
  Protection
• 8) Maritime Offices

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Market Surveillance forNew Approach Directives

• OCCP
• contact point for campaigns concerning product
  safety and other requirements
• RAPEX contact point
• co-ordination of controls
• statistics and information
• reporting to the Council of Ministers
• international co-operation
• concordats with Inspections and customs
  administration on co-operation and Steering
  Committee
• register of non-compliant products

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Market Surveillance forNew Approach Directives

• Inspections - CONTROL POWERS
• request information
• ask for documents and explanations
• take samples of products for testing
• test the products
• apply measures

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Market Surveillance forNew Approach Directives

• Preference for voluntary measures
• before applying any measures, Authority sets a
  time limit for the producer to voluntarily
• make product compliant with the essential
  requirements or
• withdraw product from the market

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Market Surveillance forNew Approach Directives

• Measures
• withdrawal from the market
• recall from consumers
• ban on placing products on the market
• destruction of the product

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Market Surveillance - Flow of information
HERMES
National System of Information about Dangerous
Products
Other Products
Products not compliant with specific safety requirements
Products not compliant with essential
requirements
Dangerous products
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Market Surveillance forNew Approach Directives

• 2004
• new inspectors employed
• adequate finance resources for training and
  controls
• 1000 inspectors trained by OCCP and many more
  internally by Inspections (training programs)
• customs officers trainning programme
• IT system (data base and statistics)
• publications and training materials for
  inspectors

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Market Surveillance forNew Approach Directives

• May - December of 2004 results
• (provisional data)
• 6 200 controls (reactive and pro-active
• campaigns)
• 13 000 products controlled
• 560 products questioned (mostly documentation,
  marking and safety instructions)

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Market Surveillance forNew Approach Directives

• 2005
• CE campaign for consumers
• 8500 controls planned ( interventions)
• more training
• new publications (horizontal, LVD, Toys,
  machinery, others)
• International projects (e.g. PPE guide,
  SOGS, Baltic Initiative)

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Market Surveillance forNew Approach Directives

• horizontal legislation - easy to use for
  inspectors and industry
• uniformly high level of enforcement
• transparency of the system
• sharing of resources joint actions, common
  trainings
• avoiding unnecessary duplications
• common approach to problems

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Market Surveillance forNew Approach Directives

• uniformed criteria for designation of NB
• eased external co-operation (EC, customs,
  international programmes)
• contact point for industry and consumers
• easy access to information and statistics
• consumer protection considered as a whole (NAD
  GPSD)

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The Office for Competition and Consumers
Protection
Pl. Powstanców Warszawy 1 00 950 Warsaw Tel.
(48-22) 55 60 390 Fax. [phone]
04 www.uokik.gov.pl e mail ddz_at_uokik.gov.pl