Implementing EU Market Surveillance Framework in UK

2. Presentation on implementation of the EU market surveillance framework in the United Kingdom Richard Lawson, Department for Business, Enterprise & Regulatory Reform

3. Outline of Presentation Presentation will cover: • An outline of the existing Market surveillance system in the UK • The measures we are taking to implement the market surveillance provisions of the EU Regulation on Accreditation and Market Surveillance (RAMS)

4. Distribution of Ministerial Responsibility Department of Business Enterprise & Regulatory Reform (BERR) is responsible for • Overall New Legislative Framework (NLF) policy • Policies on Market Surveillance and on CE Marking • Policy on Obligations of “Economic Operators” • General policies on Trade and Better Regulation

5. Ministerial responsibility (continued) Department for Innovation, Universities & Skills (DIUS) is responsible for: • Standards policy • Accreditation policy • Conformity Assessment policy • Notified Body policy

6. Existing Market Surveillance system I • Market Surveillance Authorities (MSAs) are designated and often written into the UK regulations transposing EU Directives (secondary legislation). • Basic split in responsibilities in Great Britain is between HSE - professional products, and Local Authorities’ Trading Standards Departments (TSD) – consumer goods and weights & measures • Dept. of Transport’s Vehicle Certification Agency (VCA) is responsible for Noise, WEEE, ELV; DIUS National Weights & Measures Laboratory (NWML) for ROHS, NAWI and MID; OFCOM partly for RTTE and EMC (along with TSDs); Department of Health’s MHRA for Medical Devices (along with TSDs); Dept. of Environment (DEFRA)’s Veterinary Medicines Directorate for relevant products

7. Existing Market Surveillance system II • Powers in secondary legislation derive from existing Acts, Consumer Protection Act 1987 and Health & Safety at Work Act 1974 (i.e. primary legislation), or are bespoke powers designed for the specific legislation. • Further powers under General Product Safety Regulations (consumer goods) • Wide range of powers are available to MSAs - from enforcement notices, forfeiture orders, recall etc. • Important principles of information provision, risk-based approaches and proportionality are written into a Regulators’ Compliance Code • MSAs will prosecute serious offences but prosecution is a last resort • Comprehensive but very diverse system for market surveillance (e.g. there are 202 LA Trading Standards departments) that requires good co-ordination mechanisms. • Business and consumers know and understand the system, but diverse nature makes statistics gathering difficult. • MSAs are funded in different ways and ring-fencing of budgets (e.g. for the NLF) would be contrary to their autonomous nature.

8. Existing Market Surveillance III – co-ordination • Co-ordination of consumer goods surveillance is via the LA ‘s regional groups and their national LA Coordinators of Regulatory Services. Health & Safety Executive (most but not all professional products) coordinates its work via its own small Policy Co-ordinating Unit. • There has been only limited all-embracing co-ordination aimed specifically at MS policy for New Approach (NA) product legislation. • Scope for enhanced partnership-building between the different MSAs and also between MSAs and Customs authority (HMRC) • A Government-wide Policy Committee exists to discuss standards policy-related issues including NA Policy but not suitable for developing MS strategy • However, BERR does maintain close contact with MSA’s on a directive specific basis…(cont.)

9. Existing Market Surveillance IV – coordination cont • BERR reports on developments in Working Groups and other EU meetings (if MSAs are not there), BERR will also consult closely with MSAs on NA/NLF policy such as the Regulation & Decision • BERR attends ADCOs often together with MSAs • BERR maintains an active relationship with MSAs e.g. liaison on Ministerial Correspondence, contacts with business, MS projects • BERR/HSE co-fund the UK’s subscription to ICSMS. • BERR will also fund certain MS projects undertaken by the MSAs (including EU priority topics) e.g. Mini-motos, recreational craft, irons, extreme sports’ PPE – often as part of ADCO projects • Overall, BERR has a strong relationship with the national representatives of MSAs: critical for effective policy & enforcement needs.

10. Implementing the MS provisions of the EU Regulation (RAMS) I • We are in the process of comparing UK’s legislative provisions with MS powers prescribed in RAMS • Article 19 requires the market surveillance authorities to have certain powers including: • powers to require documentation and information, • powers to enter the premises of economic operators, • powers to take representative samples, • powers to destroy or render inoperable products that present a serious risk. • Article 20, although expressed differently from Article 19, obliges Member States, in effect, to ensure that market surveillance authorities have powers to recall, withdraw or prohibit the availability of products which present a serious risk

11. Implementing the MS provisions of the EU Regulation (RAMS) II • This analysis is a work in progress - hampered by the absence of any EU “Positive List” of all product Harmonisation Legislation • Tentative but encouraging conclusion is that much UK implementing legislation already approximates to the RAMS’ requirements • Some action may be necessary to extend powers in e.g. sustainability legislation’s MS provisions (but only in appropriate cases)

12. Implementing the MS provisions of the EU Regulation (RAMS) III RAMS’ main internal MS requirements to: • Have effective MS infrastructure & programmes and to review them periodically • Tell EU & public who are the MS authorities • Establish coordination between MSAs • Establish appropriate MS procedures • Protect the CE Marking

13. Implementing the MS provisions of the EU Regulation (RAMS) IV RAMS’ main external MS requirements for MSAs to: • Fulfil RAPEX obligations • Take part in information support system • Cooperate with other Member States’ MSAs & Commission on MS • With Customs authorities, to control Borders with 3rd countries (Chapter III, Section 3)

14. Implementing the MS provisions of the EU Regulation (RAMS) V • Regulation enables UK to address a long-standing need for better national coordination of MS • Have looked for appropriate role models • Observed & admire Finnish & Swedish systems • Swedish MS system is similar to the UK’s: MSA’s autonomy means Competent Authorities basically have a persuasive role

15. Implementing the MS provisions of the EU Regulation (RAMS) VI • Establishing new Market Surveillance Coordination Committee (MSCC) on, broadly, the Swedish model because of autonomous nature of our MSAs • All MSAs & Competent Authorities may take part • Its Terms of Reference are based on the RAMS MS requirements (III & IV above) • BERR will chair MSCC & steer its work • BERR will maintain a budget for MS projects (and procedures) to supplement the individual MSAs’ own resources where necessary

16. Implementing the MS provisions of the EU Regulation (RAMS) VII Specifically, MSCC will: • Establish & review strategic MS programmes • Address Border Controls issues • Ensure EU info. exchange requirements are met • Encourage participation in EU MS activities • Promote Best Practice, to improve UK’s MS models • Advise on Better Regulation incl. legislative reform • Promote dialogue with Business & other stakeholders

17. Thank you for listening. Any Questions? Richard Lawson, Department for Business, Enterprise & Regulatory Reform