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COORDINATION OF MARKET SURVEILLANCE IN SWEDEN

COORDINATION OF MARKET SURVEILLANCE IN SWEDEN. Visit from Montenegro, January 17th 2013 Amina Makboul. Overview. About Swedac Coordination of market surveillance Legal system/national regulation on market surveillance Swedacs’ role as a national coordinator

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COORDINATION OF MARKET SURVEILLANCE IN SWEDEN

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  1. COORDINATION OF MARKET SURVEILLANCE IN SWEDEN Visit from Montenegro, January 17th 2013 Amina Makboul

  2. Overview • About Swedac • Coordination of market surveillance • Legal system/national regulation on market surveillance • Swedacs’ role as a national coordinator • - Collaboration with Customs • Up-coming activities

  3. SWEDAC • The national accreditation body and a public authority responsible to: • Ministry for Foreign Affairs • Ministry of Enterprise, Energy and Communications Mrs. Ewa Björling, Minister for Trade

  4. Swedacs’ role as a public authority • Performs accreditation in Sweden • The central expert authority for technical conformity assesment • Gives guidance to the Government offices, other authorities and investigations in issues regarding technical conformity assesment and market surveillance • Collaborates with other authorities • Active participant in work of the EU and in international development projects • Works as a national coordinator for market surveillance

  5. Legal metrology and precious metals • Swedacis the prescriptive and supervisoryauthority for measure instruments, e.g. • Water meters • Active electricalenergy meters • Weighing instruments • Taximeters • Swedac is alsoresponsible for market surveillance on preciousmetals

  6. International development • Support associations, candidates and other countries who align their legislation to the EU or with the WTO by assisting in their building up of conformity assessment infrastructures

  7. Swedac • Works for • Government and Parliament • Authorities • Enterprises • Organisations • For the benefit of the Citizen • Office in Borås and Stockholm, 115 employees and 2500 customers • “An authority for quality and safety”

  8. Coordination of Market Surveillance in Sweden

  9. Overview of the legal system horizontal/sectorial • European directives horizontal/sectorspecific • A national horizontal Regulation • National sectorspecific regulations and laws National regulation SFS 2005:893 (EU) Regulation 765/2008 National law on toys SFS 2011:579 EU Directive on toys 2009/48

  10. National regulation on market surveillance SFS (2005:893) • Into force since January 2006 • General definition of market surveillance • Guidelines for market surveillance activities • Clarification of responsibilities • Requirement on cooperation and coordination of sector authorities • Market Surveillance Council

  11. General definition of market surveillance • ”Measures by public authorities to ensure that a product • made available on the market comply with existing • requirements”

  12. Guidelines • The need for market surveillance shall be assessed for each • product category, taking into account • characteristics of a product • risks associated with the product • results from previous market surveillance activities • foreseeable use • other authorities’ market surveillance activities • Authorities shall coordinate their market surveillance activities • when appropriate.

  13. Swedacs’ role as a national coordinator for market surveillance • To hold the secretariat and chairmanship of the national Market Surveillance Council • To support the market surveillance authorities in their implementation and adoption of Regulation 765/2008 • To represent Sweden in working groups regarding market surveillance on a European and International level (IMP-MSG, PROSAFE, UNECE/UNECE MARS) • To administrate ICSMS

  14. Representatives from sector authorities, Customs and the National Board of Trade Charimanship and secretariat at Swedac The Ministry for Foreign Affairs is represented at the meetings Industry and consumer organisations are regularly invited Forum for cooperation and exchangeofexperiences Horisontal roleofcoordination Action plan and a followupreportto the Government Information to the public and industry 4-5 meetings/year Market Surveillance Council

  15. 15 MSAs Market surveillance authority Product categories machinery, PPE (professional use), pressure equipment construction products, lifts, hot water boilers electrical products, EMC chemicals, RoHS energy efficiency GPSD, toys, PPE (private use) medical devices, pharmaceuticals, cosmetics rail systems, marine equipment, motor vehicles radio and telecommunications terminal equipment electronic communications networks and services explosives, gas appliances, transportable pressure equipment waste electrical and electronic equipment (WEEE) measuring instruments, precious metals The Swedish Work Environment Authority The National Board of Housing, Building and Planning The National Electrical Safety Board The National Chemicals Inspectorate The Swedish Energy Agency The National Consumer Agency The National Medical Products Agency The Swedish Transport Agency The National Post and Telecom Agency The Swedish Radio and TV Authority The Swedish Rescue Services Agency The Swedish Environmental Protection Agency SWEDAC

  16. National Action Plan on Market Surveillance for 2013 • Clarifyresponsibilities for different productcategoriesand draw attention to possiblecoordination- or cross borderproblems • Monitor the work of the European Commission on new/modified product legislation, and in particular that relating to a new draft legal instrument for market surveillance. • Study the need for a new structure and design of the national action plan if a new law and ordinance on products/market surveillance come into force • Review the feasibility of launching a joint project relating to Internet sales of e-cigarettes among the relevant authorities. • Invite a Swedish Notified Body toone of the meetings to exchange ideas and experiences about their role as well as any challenges they might face • Followup a study on CE-marking from 2004 • Plan and arrange a seminarto the business sectorabout ”CE-marking, productsafety and otherproductrequirements”, April 25th 2013

  17. Coordination tool – a system for exchange of information

  18. A national website for market surveillance

  19. Collaboration between the MSA:s and Customs

  20. Which MSA is responsible ?

  21. Background: obligations on Customs (article 27 in EC Regulation 765/2008) • Customs shall suspend the release of a product for free circulation on the Community market when any of the following findings are made: • The product displays characteristics which give cause to believe that the product presents a serious risk to health, safety, the environment […] • The product is not accompanied by the written or electronic required documentation/not marked • The CE marking has been affixed to the products in a false or misleading manner. • The customs shall immediately notify the market surveillance authorities of any such suspension.

  22. Ourmodel for cooperationbetween MSAs and Swedish Customs The cooperation model needs to be updated with: • A description on routines if Customs take the initiative (Codex for Customs) • Routines for products from Turkey

  23. Joint operations between Customs and 4 MSAs in 2012 • In collaboration with the Swedish Consumer Agency, National Electrical Safety Board and Swedish Transport Agency and Swedish Energy Agency • 10 operations were made in order to stop non compliant products at the border (water scooters, toys, lamps etc) • In 3 of these cases the products were destroyed during customs control upon request from the MSAs • Result: 9564 articles were stopped for free circulation! • 1 case is still under investigation

  24. Activities in our action plan for 2013 regarding cooperation with customs • Apply the cooperation model to a greater extent, both nationally and in cross-border cooperative projects. • Continue, and develop cooperation in the “Forum for customs related issues” with the aim of seeking and highlighting solutions to practical problems. • Examine the continuing potential for cooperation between the market surveillance authorities and the Swedish Customs in various kinds of information campaigns.

  25. Upcoming activities • Market Surveillance Council meets 1st February • Adopt the followupreport on the action plan for 2012 • Visit to Swedish Customs 18th February • Report on the study on CE markingto be submitted in March • IMP-MSG meeting 15th March • PROSAFE GA meeting 24th April • Product safetyseminar25th April • A new national Regulation on market surveillance is under consideration…

  26. Thank you!More information?amina.makboul@swedac.se

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