Market surveillance MRA

1. Market surveillanceMRA

2. Index • Market surveillance • Mutual Recognition Agreements (MRA) • Guidance Papers • Standing Committee on Construction

3. Market surveillance • For more confidence in the market • Necessary because of unfair market competition • Must be harmonised • Results must be independent and comparable in the determination of the characteristics independently of who does the control

4. Market surveillance New Approach directives provide for both pre-market and post-market product controls to ensure a high level of product safety • Market surveillance is a national responsibility • It is carried out by government officials in the market place • Rapex communication system between the Commission and Member States

5. General Product Safety Directive2001/95/EC The Directive pursues its principal objective of ensuring consumer product safety by: • specifying that products placed on the market or supplied by producers and distributors must be safe; • defining a safe product; • imposing obligations on producers and distributors consistent with marketing safe products; • laying down a framework for assessing safety; • requiring enforcement authorities to be empowered to take the action necessary to protect consumers from unsafe products.

6. RAPEX notifications 2004 of unsafe productsSource: European Commission, DG SANCO, B3 – data compiled by ORGALIME EU Foreignorigin China

8. Consumers, workers and other users are entitled to safe products and a safe working environment everywhere Unfair competition has a strong effect on European competitiveness: • Loss of production loss of jobs • Loss of brand reputation loss of confidence • Issues of health and safety product liability

9. Notified Bodies should be excluded from the responsibility of market surveillance activities. This is to avoid conflicts of interest and to guarantee the impartiality of market surveillance operations… Blue Guide

10. Market surveillance To improve it is necessary: • More dialog between MS • More coherence in the approach • More harmonization in techniques and methods of involvement • More swiftness in the intervention

11. CPD problems on market surveillance • problems concerning the whole construction product directive (89/106/EEC) based on conformity assessment systems • practical problems concerning the organisation of day-to-day market surveillance work

12. Market surveillance To improve it is necessary: • Allocation of sufficient and competent resources • More dialog between MS • More coherence in the approach (improve where problems are) • More harmonization in techniques and methods of involvement • Ensure high level of information to the market and to economic operators • simple and 'easy to understand' legislation

13. Mutual recognition 3 main instruments in the global era: • Harmonization of requirements through universal standards (European and internatonal) • Global quality improvement through the implementation of ISO 9001 standards and certification • Evidence of competence of third parties given by accreditation recognised at European and international levels

14. MRA Between countries with the same comparable level of technical development and comparable concepts of testing and product approval Facilitates international commerce Reduces costs and time to obtain approvals

15. MERCADOS INTER REGIONAISEUA, JAPÃO, CANADA, AUSTRALIA, NOVA ZELÂNDIA, HONG-KONG, ISRAEL, SINGAPURA, .... European Commission signs MRAs with third country governmentsAgreements based on the mutual recognition of certificates Acceptance of conformity marks and test reports of each part, issued in accordance with the third parties legislation

16. MRAsinternational commerce of regulated products • Product is evaluated in the country where it is produced in accordance with the legislation of the other • They are applicable to category or product sectors • Follow an established framework (sectoral annexes) • Does not mean mutual acceptance of regulations and standard of the destination country

17. Products exported to the European Union Manufacturer exporting to the EU must: • Manufacture products to export to the EU in accordance with the NA directives • Undergo a conformity assessment procedure • Name a representant established in the EU to represent him • If he does not have a representat, the importer in the EU is responsible to provide the market surveillance entity the EC Declaration of Conformity and the technical documentation

18. CONCLUSIONS • Technical information must be seen as essential to elucidate interested parties, exporters and consumers • Implementation of agreements will be accomplished between countries with a comparable technical development in testing and product approval • Conformity assessment structures must be organised according to international requirements • Market surveillance must be the authorities responsibility

19. Guidance Papers

20. CPD - GUIDANCE PAPERS GP A:The Designation of Approved Bodies In The Field of The Construction Products Directive GP B: The Definition of Factory Production Control in Technical Specifications for Construction Products GP C: The Treatment of Kits and Systems under the Construction Products Directive GP D: CE Marking under the Construction Products Directive GP E: Levels and Classes in the Construction Products Directive GP F: Durability and the Construction Products Directive GP G: The European Classification System for the Reaction to Fire Performance of Construction Products

21. GP H: A Harmonized Approach Relating to Dangerous Substances under The Construction Products Directive GP I: The Application of Article 4(4) of the Construction Products Directive GP J: Transitional Arrangements under the Construction Products Directive GP K:The Attestation of Conformity systems and the role and tasks of the notified bodies in the field of the construction products directive GP L: Application and use of Eurocodes GP M: Conformity Assessment under the CPD: Initial type-testing and Factory production control

22. GP A:The Designation of Approved Bodies In The Field of The Construction Products Directive - Art. 18+Annex IV Intended for: Member States • Definition of criteria for equivalent assessment of applicants bodies by Member States • Information to MS on elements to be communicated to EC in individual notifications • Main responsibilities of MS (territory, compliance with CPD,..) • Interpretation of Annex IV (compliance to EN 45000,…) • Basis for assessment of Notified Bodies- Annex A: annex IV for bodies doing conformity of product certification- Annex B: annex IV for bodies doing FPC- Annex C: annex IV for bodies doing inspection- Annex D: annex IV for Testing Laboratories- Annex E: letters of designation - Annex F: Notification for Art 18

23. GP K: The Attestation of Conformity systems and the role and tasks of the notified bodies in the field of the construction products directive Intended for: NBs, regulators, enforcement authorities(complements GP A) • Details the conformity assessment systems • Relation between systems and notified bodies • Principles • methods of control of conformity • Systems of conformity assessment • Notified bodies involved in conformity assessment • Sample marking and reporting

24. GP M: Conformity Assessment under the CPD: Initial type-testing and Factory production control Intended for technical specification writers • General principles (what clauses to include in hEN and ETAs) • Initial type testing (test and assessment methods, ITT for different category of production, reduction of ITT costs, shared ITT results, cascading ITT, permitted alternatives) • Factory production control

25. Standing Committee on Construction • SCC/CPDTo examine any question posed by the implementation and the practical application of the Directive Representation of all Member States.Competence of - the establishment of the procedures for the attestation of conformity;- the establishment of classes of requirements ;- decisions on interpretative documents • Assisted by: Preparatory Group and Fire Regulators Group

26. Consequences of the CPD in Member StatesAt the regulating and standardisation area • Adaptation of the national legislations and regulations (general rules, codes of practice, safety against fire,…) • Transposition of European harmonised standards and correspondent supporting standards (testing, classification,…) • Transposition of other European standards (eurocodes, performance with safety to fire, acoustics,…) • Publication of the Guides and ETAGs in local languages

27. Consequences of the CPD in Member States At the level of classification and homologation of products • National obligatory classification and technical approvals must be withdrawn At the level of European technical approvals • Issue of ETAs to innovative or different from hEN product • publication of ETAgs in national languages • Publication in national official journals of references to the chosen conformity assessment system where the EU Decisions leave it to the MS • Withdrawing of compulsory conformity assessment systems for construction products

28. Research - get information on applicable technical specifications- information on new national regulations and legislation- research on the technical and economic impact of the new technical regulation and specifications

29. Actions by the construction sector • INDUSTRY OF PRODUCTS- get information on applicable technical specifications- adapt production to requirements- maintenance of FPC- acquire laboratories and notified bodies services- EC marking- information on the legal requirements of the destination country • COMMERCE AND CONSTRUCTION INDUSTRY- get information on applicable technical specifications- verification of information accompanying EC marking - technical support to clients- information on the legal requirements of the destination country

30. Internet SITEs NANDO (directives – info on notified bodies) http://www.newapproach.org/ http://www.europa.eu.int/eur-lex (legislation) http://europa.eu.int/comm/ http://europa.eu.int/scadplus/leg/en/s06011.htm(technical harmonisation)