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Market Surveillance. Freistetter Gerald Federal Ministry for Economy and Labour Austria. Once upon a time …. In Egypt Standards for length and mass could be found in the temples The use of wrong measures resulted in the anger of the gods
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Market Surveillance Freistetter Gerald Federal Ministry for Economy and Labour Austria
Once upon a time … • In Egypt • Standards for length and mass could be found in the temples • The use of wrong measures resulted in the anger of the gods • The hands of criminals with wrong measures have been cut off
Trust is an important issue … • Manufacturer of measuring instruments • Assembler, installer • User • Ideal world
Reality is reminding us … • Manufacturer • Measuring instrument does not fulfil allrequirements • Assembler, installer • Wrong or incomplete installation • User • Trying to influence the measuring instrument in his own favour
Reality is reminding us … • Personal experiences • National experiences • European and international experiences • It is necessary to check the instruments on the market and the use
New Approach Directives … • NAWI Directive 90/384/EEC • Measuring Instruments Directive2004/22/EC • And in addition many other directives
Requirment … “It is an equal failing to trust everybody, and to trust nobody” Market Surveillance required by New Approach Directives
NAWI 90/384/EEC Article 7 When a member state considers ….. A measuring instrument does not meet the requirements …. Procedures and measures …. In addition “Blue Guide” Description of Market Surveillance
MID 2004/22/EC Article 18 When a member state considers ….. A measuring instrument does not meet the requirements …. Procedures and measures …. Competent authorities Information exchange, certificates … Unduly fixed marking In addition “Blue Guide” Description of Market Surveillance
MID 2004/22/EC Measuring Instruments Directive Manufacturer Quality Essential Requirements Specific Requirements EN, OIML Notified Bodies Testing Surveillance QM-Systems Type Approvals Common Application Member State Market Surveillance Authorities Common Application
Reality is reminding us … • Personal experiences • National experiences • European and international experiences • It is necessary to check the instruments on the market and the use
Regulation 765/2008 Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93
Regulation 765/2008 • Community market surveillance framework and controls of products entering the community market • Articles 15 to 29
Regulation 765/2008 • Products covered by community legislation • Member state responsibility • Infrastructure • Programmes • Carrying out market surveillance • Information obligation
Regulation 765/2008 • Obligation of member state as regards organisation • Procedures • Following up complaints • Accidents, health issues • Verify corrective actions • Entrust market surveillance authorities with power, resources and knowledge • Principle of proportionality • Review of national programmes
Regulation 765/2008 • Market surveillance measures • Products presenting a serious risk • Restrictive Measures • Exchange of Information • General information support system • Cooperation between member state and the Commission • Sharing of resources
Regulation 765/2008 • Controls of products entering the Community market • Release of Products • National Measures
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