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Market surveillance under the General Product Safety Directive (GPSD)

This article provides an overview of the General Product Safety Directive (GPSD) and its requirements, obligations for businesses and Member States, essential market surveillance requirements, transparency, Commission support, and international cooperation. It also highlights the role of rapid alerts and contact points in Member States.

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Market surveillance under the General Product Safety Directive (GPSD)

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  1. Market surveillance under the General Product Safety Directive (GPSD) Erik Hansson European Commission DG Health and Consumer Protection

  2. The General Product Safety Directive (GPSD) • Applies to consumer products • Waives for requirements on same aspects in specific legislation

  3. Business-obligations • Produce and sell only safe products • Monitor and follow up safety – trace, take actions and notify • Co-operate with authorities

  4. Member-States obligations • Control: market surveillance and enforcement • Reporting • Co-operation

  5. European Commission obligations • Monitor • Support • Recognise standards • Rapid EU decisions

  6. Ensuring the safety of consumer products • Pre-market (preventive) • Conformity assessment requirements for many products falling under sectoral legislation • Post-market (reparative) • Monitoring and safety management requirements in GPSD

  7. Organisation of Market Surveillance in Member States • Geographical • National • Regional • Local • Type of product

  8. The essential market surveillance requirements of the GPSD • Somebody to do the job • Defined tasks and organisation • Investigation powers • Encourage voluntary actions • Powers to require corrective actions • Sanctions

  9. The Essential operational requirements of the GPSD • Surveillance programmes • Cooperation arrangements • Scientific and technical knowledge • Complaints and notification procedures • Evaluation and review

  10. Transparency • Citizens right to know Except • Professional secrecy • Investigation secrets

  11. Commission support • Networking • Information exchange • Tracing and recall • Exchange of expertise and best practices

  12. Commission support • Joint surveillance projects • Specific products • Communication systems (ICSMS) • Injury data registration • Best practice in market surveillance (PROSAFE)

  13. Commission control • Continuos • Information exchange, RAPEX, complaints, etc. • Regular Commission reports • In depth assessment

  14. Rapid Alerts (RAPEX) • Notifications from Member States on measures ordered by authorities or voluntary measures by business concerning consumer products causing a serious risk • Excludes: foodstuffs, pharmaceuticals, medical devices. Link: Overviews of RAPEX notifications: http://ec.europa.eu/comm/dgs/health_consumer/dyna/rapex/rapex_archives.cfm

  15. Authority A Authority B Contact points in Member States Authority D Authority C DG B DG A DG Health and Consumer Protection DG C DG D

  16. International co-operation • USA – CPSC • China - AQSIQ • ICPSC • International standardisation – ISO/COPOLCO

  17. Guidance documents: • Borderline to sectoral directives • Business notification duty • RAPEX operation • Recall guideline • http://ec.europa.eu/comm/consumers/ • Consumer safety: • Products and services

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