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MARKET SURVEILLANCE

MARKET SURVEILLANCE. Jacques McMillan Head of Unit Legal aspects linked to internal market DG Enterprise and Industry. MARKET SURVEILLANCE. NOT A NEW SUBJECT ALL DIRECTIVES HAVE: GENERAL ENFORCEMENT OBLIGATIONS & SAFEGUARD CLAUSES. MARKET SURVEILLANCE.

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MARKET SURVEILLANCE

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  1. MARKET SURVEILLANCE Jacques McMillan Head of Unit Legal aspects linked to internal market DG Enterprise and Industry

  2. MARKET SURVEILLANCE • NOT A NEW SUBJECT • ALL DIRECTIVES HAVE: GENERAL ENFORCEMENT OBLIGATIONS & SAFEGUARD CLAUSES

  3. MARKET SURVEILLANCE • TRADITIONAL OPERATION OF MARKET SURVEILLANCE = NATIONAL & UNHARMONISED (EXCEPTIONS) • 1993 339 REGULATION ON CONTROLS OF IMPORTS • 1995-1998 MUTUAL JOINT VISITS

  4. MARKET SURVEILLANCE WHAT HAS CHANGED TODAY? • 30 YEARS EXPERIENCE • COMMERCIAL TRENDS • LISBON AGENDA: BETTER REGULATION/SIMPLIFICATION &MARKET SURVEILLANCE

  5. MARKET SURVEILLANCE REVISION OF THE NEW APPROACH • COUNCIL RESOLUTION 10/11/2003 INCLUDES MARKET SURVEILLANCE

  6. MARKET SURVEILLANCE • CHANGE OF MIND SET ON MARKET SURVEILLANCE • BEFORE: EXCEPTION TO FREE CIRCULATION • NOW: DUTY TO ENFORCE EU LEGISLATION EFFECTIVELY

  7. MARKET SURVEILLANCE ESSENTIAL REQUIREMENTS • APPOINT APPROPRIATE NATIONAL AUTHORITIES • ENSURE APPROPRIATE AUTHORITY, POWERS & MEANS TO INTERVENE • INTEGRATION OF CUSTOMS

  8. MARKET SURVEILLANCE EU SYSTEM: CROSS FRONTIER CO-OPERATION • INFORMATION (RAPEX-LIKE) • COORDINATION (ADCOs, CUSTOMS, SHARE RESOURCES ETC)

  9. MARKET SURVEILLANCE UNIFORM SAFEGUARD MECHANISM • SCOPE: • NON CONFORMING PRODUCTS • PRODUCTS IN CONFORMITY BUT UNSAFE • PRODUCTS SIMPLY UNSAFE • INVOLVEMENT OF SUPPLIERS

  10. MARKET SURVEILLANCE CONCLUSIONS • EFFECTIVE PROTECTION • EQUIVALENT LEVEL & BURDEN • LEVEL PLAYING FIELD • INTEGRATED EU SYSTEM

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