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This article discusses the requirements and benefits of a cross-EU information system for market surveillance. It highlights the database requirements, communication needs, and tools necessary for effective market surveillance under the new legislative framework. The article also explores how the International Cross Surveillance Market System (ICSMS) can meet these needs.
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New Legislative Framework – database requirements I Information and C Communication S System for M Market S Surveillance
Market Surveillance under New Legislative Framework Reg (EC) 765/2008 requirements include need for: • Effective market surveillance infrastructure and effective controls at the EU borders • Communication/coordination across EUT • Communication of market surveillance programmes to MS, Commission and the public • Quickly inform MS of products with a serious risk (ie RAPEX type system to incl industrial)
Market Surveillance Reg (EC) 765/2008 tools to help facilitate effective market surveillance: • A cross-EU database and information system for product information exchange and to improve market surveillance work • Exchange of experience, information and best practice between Member States • Projects, information campaigns, joint visit programmes and the consequent sharing of resources between Member States.
Market Surveillance The requirements of a good cross EU information system include: • Secure and quick details on all defective products identified and measures taken, incl test reports • Evaluation tools to help ensure a uniform approach • Means to interrogate, collate and present data in a easy to understand format (graphs etc) • Facilitate co-operation with Customs authorities • Inform employers, workers and public about unsafe products
Cross-EU information system – can ICSMS help? • An access controlled secure system used by 11 MS • Now being set up in Brussels as a non-profit making organisation (AISBL) fully owned by MSs • ICSMS already delivers most requirements needed • Others being developed: • RAPEX link • link to MS internal systems • public safety alert area [Article 19(2)] • ICSMS developed with EU money and is a very good candidate to be developed to meet the EU’s needs
AISBL: Association International Sans But Lucratif („Loi Belge sur les associations sans but lucratif, les associations internationales sans but lucratif et les fondations“ as amended)(International non-profit association) One vote per member country General Assembly Members BE NL SE EE DE AT CH LU MT CY SI UK EU-Commission
ICSMS: initiated by the EU, Belgium, Sweden and Germany in 2000. Austria and Luxemburg joined the system during the development phase. Estonia started in September 2003. Slovenia started a trial in 2003 and started in spring 2006 with the system. United Kingdom started the trial in June 2004 and continues. Switzerland started in September 2004. The Netherlands started end of 2005. Malta started in 2006. Cyprus started the trial in July 2007, full member since March 2008. Lithuania started a trial in October 2007 Meeting with France in July 2008 to discuss options for ICSMS. European Market and ICSMS
Confidential Section • Product Information • Test results • Measures taken • ....... Market Surveillance Authorities ARCHITECTURE Public Section • Safety Alerts • Voluntary recalls • Details of authorites. Customs Distributor EU Commission Customers
DIRECTIVES covered in 2008 more to add incl 67/548/EEC, 98/8/EC, 76/769/EEC, 1999/45/EC, 2000/9/EC 2001/95/EC – General Product Safety Directive 89/336/EEC – Electromagnetic compatibility (EMC) 1999/5/EC R&TTE – Radio equipment and telecommunications terminal equipment 90/396/EEC – Appliances Burning Gaseous Fuels 94/9/EC – Potentially explosive atmospheres (ATEX) 2001/14/EC – Noise Emission (Outdoor Directive) 98/37/EC – Machinery Directive 73/23/EEC – Low Voltage Directive 88/378/EEC – Toy Safety Directive 97/23/EC – Pressure Equipment Directive 89/686/EEC – Personal Protective Equipment Directive 95/16/EC – Lift Directive 87/404/EEC – Simple Pressure Vessels Directive 94/25/EC – Recreational Craft Directive 89/106/EEC – Construction products 75/324/EEC Aerosol dispensers
93/15/EEC – Civil Explosives90/384/EEC – Non-automatic weighing instruments92/42/EEC – New hot boilers2004/22/EC – Measuring instruments (MID) 2005/32/EC – Energy using products (EuP) 2002/95/EC - Restriction of Hazardous Substances (RoHS) DIRECTIVES going to be included
Net-working Publicarea Newslettersubscription Productinformation Info server Searchfunction GRAS interface(development) Archive Evaluation Mailing Data import semi automatic The ICSMS Database new modular structureWell-defined Applications-Programmers-Interface (API) changes with minimum influence on rest of software (BUS-System) - Development of Systems more simple
Inte ICSMS uses UNICODE
Number of product information (PI) 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 0 2002 2003 2004 2005 2006 2007 2008 Number of authorities: > 390 Number of user accounts: > 1.720 Number of Product Informations: > 21.000 KEYFIGURES 06/2008
A PRODUCT INFORMATION DATA SET includes data on: • General information about the notifying authority • Product identification criteria • Distribution • Relevant Provisions and Standards • Conformity • Depth and scope of testing • Test results and a classification of defects • Accidents occurred • Measures taken by surveillance authority
Example of part of the stored information Photograph aids identification Bar codes and TARIQ numbers are available to help authorities identify goods at retail outlets and at borders
ADVANTAGES of ICSMS developed as the cross-EU information system • Fast exchange of information so immediate measures are possible • Earlier detection of problems • Avoiding redundant work eg duplicate testing: • Co-operation with Customs authorities - eg use of TARIC • Evaluation tools (eg project work) • Platform for complaints • Public Safety Alert system • Generate RAPEX and safeguard notification forms • Uniform operating language
Questions ? Web ICSMS: www.icsms.org