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AmCham EU’s Plenary Meeting Consumer Product Safety and Market Surveillance Package

AmCham EU’s Plenary Meeting Consumer Product Safety and Market Surveillance Package Impact on Industrial Sectors AmCham EU concerns American Chamber of Commerce to the EU Tuesday 21 January 2014

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AmCham EU’s Plenary Meeting Consumer Product Safety and Market Surveillance Package

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  1. AmCham EU’s Plenary MeetingConsumer Product Safety and Market Surveillance Package • Impact on Industrial Sectors • AmCham EU concerns • American Chamber of Commerce to the EU • Tuesday 21 January 2014 • Jean-Philippe Montfort, Lead Rapporteur on Consumer Product Safety at AmCham EU and Partner, Mayer Brown

  2. Scope/Impact on IndustrialSectors • CPSR: Covers the « safety » of consumer products (productsintended for consumers or thatcanbeused by them) • MSR: Covers « compliance » of all products (including consumer but alsoprofessionalproducts) withproductsafety but alsoe.g. environment protection rules • Severalproducts are exempt fromCPSR and/or MSR, or partially exempt. Some provisions onlyapply to products not subject to EU harmonizedrules or only if theserulescontain no specificequivalent provisions  Complexity of Scope: Requiresreview for eachproduct-type, dependinguponexisting of harmonizedsectorialrules

  3. Scope: Sector Specific Examples

  4. Main AmCham EU Concerns (1) • Relationship withSectorspecificlegislation: • Need to determineequivalency of sectorspecific provisions to ? (CPSR and MSR)  Clarification and/or detail guidance needed • Future EU policy: horizontal or vertical approach on productsafety? Continued application of Decision768/2008? • Avoid confusion betweensafety and compliance/authenticity: • Formal non-complianceshould not imply existence of risk • Also, authenticityis important but not necessarilylinked to safety

  5. Main AmCham EU Concerns (2) • EU safety mark/third party testing: • Unlikely to bringclarity to consumers/improvesafety • Sampletestingunderjudicial control isalso excessive • RAPEX and others communications: • RAPEXshouldbereserved for productspresentingseriousrisks as iscurrently the case • Avoid excessive communications (Name & shame - ICMS) • Penalties: • Penalties shouldbeproportionate to benefitsgenerated by unsafeproducts and proportionate to the risksinvolved

  6. Advice to AmCham EU Members • Remaining complexity of the legal framework, despite the intended simplification: • Scope/Link with sector specific legislation • Role of the economic players • Need for each sector to review and assess applicability in light of status of EU harmonized legislation, intended use of products, etc. • Need for companies to review and as necessary upgrade their product safety and product compliance policies • Risk assessment, record keeping, traceability • Rights and obligations towards public authorities

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