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How to improve market surveillance in Europe? * * *

CENELEC’s view:. How to improve market surveillance in Europe? * * *. ... to complete the success of the New Approach concept in the electrotechnical area. Paul Romanus, convenor of CCAF/WG on ST 3. 1 /61. Introduction to CCAF New Approach principles Current market situation

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How to improve market surveillance in Europe? * * *

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  1. CENELEC’s view: How to improvemarket surveillance in Europe?* * * ... to complete the success of the New Approach concept in the electrotechnical area Paul Romanus, convenor of CCAF/WG on ST 3 1/61

  2. Introduction to CCAF New Approach principles Current market situation CCAF proposals Outcome with or without actions Conclusions and recommendations CENELEC’s view: How to improvemarket surveillance in Europe? Table of contents 2/61

  3. CENELEC’s view: How to improvemarket surveillance in Europe? 1. Introduction to the CENELEC Conformity Assessment Forum (CCAF) 3/61

  4. Introduction to CCAF CENELEC is the European Committee for Electrotechnical Standardization: • it is an independent non-profit organization founded in 1973 • it has been officially recognized by the European Commission as the competent standardization body in its field (e.g. LVD, EMC) • the CENELEC members are the electrotechnical committees of 23 European countries • CENELEC has 12 Affiliates and 32 co-operating partners 4/61

  5. Introduction to CCAF CENELEC’s objectives are: • CENELEC aims at developing electrotechnical standards as a basis for a European market without internal barriers for electrotechnical goods and services. • CENELEC supports, and co-operates with, the IEC for the development of international standards in the context of the WTO/TBT Agreement. • CENELEC also promotes the development of harmonized conformity assessment procedures. 5/61

  6. GENERAL ASSEMBLY Conformity BOARD (BT) Assessment Forum MRAs TBs Introduction to CCAF The CENELEC structure: CENELEC MEMBERS TECHNICAL TBs: Technical bodies MRAs : Mutual Recognition Agreements 6/61

  7. Introduction to CCAF The concept of CCAF is based on the following principles: • CENELEC’s objectives are to create and maintain European standards in the electrotechnical field • CCAF intends to be the focal point for conformity assessment as far as CENELEC standards are concerned • CCAF constitutes a formal link between standardization and the certification schemes in the CENELEC area 7/61

  8. Introduction to CCAF The CCAF Mission Statement is: • to advise CENELEC GA on conformity assessment policy matters in the electrotechnical standards field • to co-ordinate resolution of identified conformity assessment activity problems linked to the application of CENELEC standards • to liaise with regional and international bodies active in conformity assessment matters • to facilitate exchange of information on related policy issues 8/61

  9. Introduction to CCAF CCAF members are: • 1 delegate from each interested CENELEC NC • 1 delegate from each MRA who signed an MoU with CENELEC • 1 delegate from the corresponding MRA-AC • invited delegates with advisory role from the European Commission, the EFTA Secretariat, UNICE/ ORGALIME and ANEC • observers from the Affiliates, co-operating partners and CEN 9/61

  10. Introduction to CCAF CCAF Strategic Targets: ST 1. Establish co-ordinated approach to the interpretation of electrotechnical standards used for European market ST 2. Open dialogue + exchange of information with the European Commission in relation to conformity assessment matters ST 3. Investigate means of giving support to the total market surveillance on the European market, taking into account voluntary and regulatory aspects, as far as CENELEC standards are concerned 10/61

  11. Introduction to CCAF CCAF Strategic Targets: ST 4. Monitor communication link with CEN concerning CEN/CENELEC European Mark ST 5. Support activities aimed at strengthening value of peer assessment, particular in the framework of accreditation ST 6. Facilitate availability of information on conformity assessment activities ST 7. Exchange information with IEC/CAB 11/61

  12. Introduction to CCAF CCAF Strategic Targets: ST 8. Establish + maintain communication channel with ETSI on areas of mutual interest related to conformity assessment ST 9. Maintain communication channel with CEN on areas of mutual interest related to conformity assessment ST 10. Monitor with CENELEC NCs political aspects of ISO/CASCO matters ST 11. Prepare annual report to CENELEC AG in the light of CCAF’s advisory role 12/61

  13. Introduction to CCAF CCAF Strategic Target n°3: To investigate means of giving support to the total market surveillance on the European market, taking into account voluntary and regulatory aspects, as far as CENELEC standards are concerned 13/61

  14. CENELEC’s view: How to improvemarket surveillance in Europe? 2. The New Approach principles 14/61

  15. Free movement of goods is the corner stone of the single market Mechanisms to achieve this aim are based on prevention of trade barriers, mutual recognition and technical harmonization The single market could not have been achieved without new regulatory techniques based on the New Approach The New Approach principles Single European Market: 15/61

  16. The New Approach principles The Council Resolution of 7 May 1985 (1): on the New Approach to technical harmonization and standardization – Introduction: • reduce possible barriers to trade • refer to European standards • adopt a European policy in terms of conformity assessment 16/61

  17. The New Approach principles The Council Resolution of 7 May 1985 (2): • legislative harmonization is limited to essential requirements that products placed on the Community market must meet, if they are to benefit from free movement within the Community • European directives set the essential requirements 17/61

  18. The New Approach principles European Commission Directives Essential requirements 18/61

  19. The New Approach principles The Council Resolution of 7 May 1985 (3): • the technical specifications of products meeting the essential requirements set out in the directives are laid down in harmonized standards 19/61

  20. The New Approach principles European standards bodies European Commission Mandate Standardization Harmonized standards Directives Essential requirements 20/61

  21. The New Approach principles The Council Resolution of 7 May 1985 (4): • application of harmonized or other standards remains voluntary, and the manufacturer may always apply other technical specifications to meet the requirements • products manufactured in compliance with harmonized standards benefit from a presumption of conformity with the corresponding essential requirements 21/61

  22. The New Approach principles European standards bodies European Commission Manufacturers Mandate Standardization Harmonized standards Directives Essential requirements CONSUMER Application of standards Product Presumption of Conformity / CE marking 22/61

  23. The New Approach principles The Council Resolution of 7 May 1985 (5): • to adopt a European policy in terms of integrated quality assurance and modern conformity assessment techniques • each NA directive describes the range and contents of possible conformity assessment procedures and the conditions under which the manufacturer can make his choice • Notified Bodies perform conformity assessment tasks if the relevant directive requires a 3rd party intervention 23/61

  24. The New Approach principles European standards bodies European Commission Manufacturers Mandate Standardization Harmonized standards Directives Essential requirements CONSUMER Application of standards 3d party testingand certification Product Product verification Presumption of Conformity / CE marking Notified Body 24/61

  25. The New Approach principles The Council Resolution of 7 May 1985 (6): • market surveillance is an essential tool for the enforcement of New Approach directives • market surveillance is the responsibility of the public authorities. Citizens are entitled to an equivalent level of protection throughout the single market, regardless of the origin of the product • Member State authorities need to have the necessary resources, technical competence and professional integrity for their surveillance activities • market surveillance is important for the interest of economic operators, because it helps to eliminate unfair competition 25/61

  26. The New Approach principles European standards bodies European Commission Manufacturers Mandate Standardization Harmonized standards Directives Essential requirements Member States CONSUMER Application of standards Marketsurveillance 3d party testingand certification Product Product verification Presumption of Conformity / CE marking Notified Body 26/61 26/61 26/61 26/61

  27. The New Approach principles NA pillars and their stakeholders 27/61

  28. The New Approach principles Market surveillance… • means vigilant and proactive screening of products on the market to guarantee a high level of protection for the final consumer • safeguards the correct functioning of the European single market • the New Approach can only be successful with adequate market surveillance 28/61

  29. 3. Current market situation CENELEC’s view: How to improvemarket surveillance in Europe? 29/61

  30. More than 50 000 categories of electrotechnical products involved Market surveillance demands a wide range of competences Market surveillance varies from country to country Lack of coherence of market surveillance throughout Europe Current market situation Market picture: 30/61

  31. Current market situation Legislative impact: • Throughout Europe, the perception of the activities of the law enforcement authorities is very weak • The insufficient level and lack of coherent market surveillance permits non conforming products to enter the market and move freely across borders 31/61

  32. Unfair competition from non complying products limits the opportunity of sales of safe products Reputable manufacturers are discouraged from investing in qualified workmanship for product development Current market situation Sales and investments: 32/61

  33. Current market situation Consumer interests: • The consumer is unable to differentiate between compliant and non compliant products • Adequate market surveillance is essential to ensure that the expectations of the consumer are met • Inadequate market surveillance damages the consumer’s confidence in Community legislation 33/61

  34. Current market situation Conclusion: Current market surveillance does not fulfil the requirements of the stakeholders. Thereforeit must be considered to beinadequate for its intended purpose. 34/61

  35. 4. CCAF proposals CENELEC’s view: How to improvemarket surveillance in Europe? 35/61

  36. Results of an enquiry amongst CENELEC members and CBsin the electrotechnical area: Need for a level playing field for market surveillance based on a harmonized approach and taking into account the existing efforts in the different Member States Lack of political awareness of the importance of market surveillance Market surveillance is the responsibility of all Member States and concerns all market players CENELEC has the expertise and mechanisms for providing the necessary support regarding the correct use of standards for market surveillance purposes CCAF proposals Background: 36/61

  37. CCAF proposals • To offer CENELEC’s expertise to establish tools for the use and application of European standards in the context of market surveillance • To promote the concept of a Guide to the achievement of a harmonized approach to market surveillance, developed jointly by the Notified Bodies, Member States Authorities and CENELEC • To adopt the principle of a “targeted approach” by experts to improve the use of available budgets for market surveillance 4. To support the development of a Europe-wide Market Surveillance information and communication Network 37/61

  38. CCAF proposals - detailed (1) The CENELEC expertise: • CENELEC technical bodies can provide the necessary tools to achieve equal level of competence that increases confidence in market surveillance activities, through the development of - compliance criteria for the conformity assessment bodies involved - assessment procedures and methods • CENELEC Guide 26 provides a “fast track” procedure that can be used for the handling of interpretations in the context of market surveillance • CENELEC members can provide support and training at national level to the experts regarding the correct application of standards 38/61

  39. CCAF proposals - detailed (2) Guide to the achievement of a harmonized Market Surveillance Approach: • The Guide is intended to achieve a harmonized approach by the National Authorities and delegated Conformity Assessment Bodies (CABs) operating in the market surveillance sector • The Guide will determine the principles on how to prepare, perform and report market surveillance activities on a European scale that delivers a more effective market surveillance system in support of the New Approach 39/61

  40. CCAF proposals – detailed (3) The targeted approach to market surveillance: • Presumption of conformity with the essential requirements of a product is demonstrated by testing to the whole standard before the product is placed on the market • For Market Surveillance purposes, partial testing by experts within National Authorities and delegated Conformity Assessment Bodies (CABs) can be used to detect the non-compliance of a product • The expert will decide on the tests and their order depending on the type of product 40/61

  41. The activities of National Authorities should be supported by delegated CABs with expertise in product assessment in the market surveillance sector These delegated CABs will be appointed according to their expertise in the sector They have to be assessed and accredited by their National Authority CCAF proposals – detailed (3 ctd) Delegated Conformity Assessment Bodies: 41/61

  42. CCAF proposals – detailed (4) To support the development of a Europe-wide Market Surveillance information and communication Network: • Improve market intelligence, monitoring and the exchange of information amongst all market players, including the consumer • Increase awareness of the importance of market surveillance at the political and market level, including towards the EU candidate countries • Build a new culture of co-operation that improves the efficiency of market surveillance activities 42/61

  43. CENELEC’s view: How to improvemarket surveillance in Europe? 5. Outcome with or without actions 43/61

  44. LVD article 9 notifications Outcome with/without actions Safety aspects: increasing number of safeguard clause notifications 44/61

  45. Outcome with/without actions Safety aspects: There are large variations in notifications by Member States 45/61

  46. the increase of the number of unsafe products on the market will jeopardize progressively the safety of the consumers concern about the tendency of retailers whose sales policy is based on the price of the product rather than its quality and performance Outcome without actions Safety aspects: 46/61

  47. non-compliant products on the market constitute a severe damage to reputable manufacturers reduction of market share of reputable manufacturers and reduction of their investments in the development of good products Outcome without actions Economical aspects: Result: A DISTORTED ECONOMY! 47/61

  48. Outcome without actions Economical aspects: one example... • Compliance of electronic dimmers with EN 60669-2-1 - RF emissions (art. 26.2.2) - temperature rise of parts in contact with cable insulation (art. 17) • Non-compliant product using a coil with reduced size offers: - reduction of purchase price of coil: 30% - reduction of size of the equipment - increase of capacity : 30 to 50% more “trendy design” 48/61

  49. Outcome without actions Economical aspects: one example... (cont’d) • The market situation of manufacturers respecting the EN is severely damaged due to • higher manufacturing costs leading inevitably to much higher sales prices • market value of his product damaged by unfair selling arguments in favour of non-compliant product 49/61

  50. false savings will damage the economy and will cost more money lack of market surveillance will undermine the credibility of the New Approach concept Outcome without actions At the end of the day... 50/61

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