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This text provides an overview of market surveillance activities in Bulgaria, including the legislative framework, market surveillance authorities, and their activities. It also discusses cooperation and challenges in ensuring efficient and effective market surveillance.
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MS-activities in Bulgaria Svetlozar TOLEV DG”Market surveillance”- SAMTS UNECE “MARS” Group meeting 24 – 26 September 2006 Bratislava, Slovakia
MARKET SURVEILLANCE AUTHORITIES • FOODSTAFFS Ministry of Health Ministry of Agriculture and Forestry • PHARMACEUTICALS Ministry of Health • NEW APPROACH DIRECTIVES State Agency for Metrological and Technical Surveillance(SAMTS) Ministry of Regional Development and Public Works (MRDPW) • GENERAL PRODUCT SAFETY - 2001/95/EC Commission on Consumer Protection
MARKET SURVEILLANCE (New Approach) LEGISLATIVE FRAMEWORK • Law on Technical Requirements to Products (LTRP): • adopted in 1999; • amendments : first - October 2002 last - May 2005; • Ordinance on Market Surveillance: • adopted in June 2003 • amendment: October 2005
New Approach market surveillance authorities According to the LTRP market surveillance is carried out for products under New Approach Directives as follows: • by SAMTS: 1. DG ”Market surveillance” (LVD, EMC, CPD, TOYS, MD, PPE, RTTE, GAD, PED – end consumers products) 2. DG ”High Risk Equipment Inspection” (high risk equipment – non end consumers product) 3. DG ”Metrological Supervision”(NAWI, MID) • by SAMTS and MRDPW - for construction products • The law on medical devices (adopted in August 2006) will regulate the market surveillance on medical devices
DG ”Market surveillance”activities • Checks and monitoring according to theAnnual plan • Proactive checks of products (Thematically, Big Chains, Cheap products, etc.) • Monitoring – for new products • Campaigns (Instruction for use in Bulgarian language, Season products, etc.) • Non-scheduled checks • Notifications and complaints from citizens and institutions • Notifications received under the RAPEX • first notifications – November 2005 • Testing of samples of products
DG ”Market surveillance”activities2005 - 2006 (I and II quarter)
DG ”Market surveillance”activities2005 - 2006 (I and II quarter) Total number of:2005 2006 till July • Checked and monitored products 2 750 4 193 • non – compliant products 1 137 1 366 • Non-scheduled checks770 560 • Tested products 12 48 • confirmed as non – compliant11 30 (+10?)
The number products: checked and monitored /non – compliant Year: 2005 2006 till July • LVD & EMC 958/254822/268 • Machinery 262 /108628/184 • Toys 498 /283543/198 • Construction products 544 /189570/280 • Gas appliances114 /29459/124 • R&TTE 48 /9352/111 • Preassure equipment & vessels246 /245103/ 55 • Personal protective equipment 56 /20 156/ 40
Administrative and penal actions2005 - 2006 (I and II quarter) 2005 2006 till July Acts for administrative infringements 2974 51 • in respect of traders198336 ( 682 prod.) • in respect of importers/producers99115 ( 183 prod.) Penal acts issued 147246 Orders for temporary suspension of the distribution/use 4263 Orders for prohibition of the distribution/use of the product & withdrawalfrom the market9 26
MARKET SURVEILLANCE COOPERATION • Agreementfor joint activities with the Commission on Trade and Consumer Protection • Agreementfor cooperation and joint activities in the field of construction products with the Directorate for National Construction Controlfrom the MRDPW • Common Instruction covering the regulations and procedures of interaction between the Customs authorities and SAMTS • Council for cooperation and exchange of information between market surveillance authorities
Efficient and effective market surveillanceProblems • “Working” documents • Cooperation • Optimal structure (institutions) • Competent personnel (experts, inspectors, lawyers) • Appropriate Annual plan • Efficient non-scheduled checks(on the basis of notifications received) • Experts and inspectors with sound experience (max specific knowledge under particular directives) • Operative managers • Principle of ”proportionality” • Team working! • Finance • Samples/specimens testing • Standards (BDS) • IT equipment/data base/information exchange system – RAPEX • Travel expenditures • Training • ADCO, seminars, workshops • Joint activities and projects