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This workshop organized by the Enterprise Directorate-General of the European Commission focuses on the implementation of the PED and market surveillance. It addresses challenges in ensuring consistent safety levels, conformity assessment, and building trust. The responsibilities of manufacturers and authorities, intervention mechanisms, market surveillance policies, and safeguard clauses are discussed.
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Enterprise Directorate-General European Commission Workshop on the Implementation of the PED Bratislava 11, 12 and 13 April 2005 Market Surveillance Cornelis Brekelmans
Enterprise Directorate-General European Commission Main challenges for the New Approach • How to implement in a coherent way a common legal framework through 25 different national administrations ? • How to ensure consistent safety levels between Member States ? • How to ensure consistent conformity assessment and market surveillance ? • How to build trust and confidence ?
Enterprise Directorate-General European Commission Responsibilities of Manufacturer and authorities • The Directive leaves an important responsibility to manufacturers and Notified Bodies, in particular as there is no prior market approval mechanism • At the same time, Member States remain responsible for safety on the national market and the directives therefore create various intervention mechanisms
Enterprise Directorate-General European Commission “Intervention” mechanisms for authorities • Overall responsibility for ensuring proper implementation • Appointment and monitoring of notified bodies • Recognized third party organisation, user inspectorates • Market surveillance; Verification of documents kept by the manufacturer • Wrongly affixed CE marking • Safeguard clause • Formal objection to standards • Reclassification • EAM
Enterprise Directorate-General European Commission Market Surveillance Member States are obliged to implement a market surveillance policy, in order to verify compliance with ESR and other relevant provisions of directives, so as to ensure • equivalent levels of protection of citizens and other legitimate interests throughout the Union • a fair level playing field amongst economic operators
Enterprise Directorate-General European Commission Market Surveillance • Proper enforcement policy through law and administrative provisions • Availability of sufficient human and financial resources at national level • Avoid conflicts of interest in relation to Notified Bodies • Keep in mind the European dimension: • Exchange of information and communication protocols • Mutual assistance and cross border activities • Data analysis and strategic market surveillance WGA • Working Group Administrative Cooperation
Enterprise Directorate-General European Commission Market Surveillance There are different means or levels of market surveillance: • Monitoring of products placed on the market; verification of EC declaration of conformity and relevant technical documentation • Corrective action through safeguard clause, action on undue CE marking, • Information exchange with European counterparts • Additional measures in relation to worker protection under national law („use“ related); • Warn general public where risks for health/safety exist
Enterprise Directorate-General European Commission Market Surveillance Different situations can occur, • Properly CE marked products that (nevertheless) present a risk • Products not CE marked that should have been • Undue CE marked products • Products marked on basis of PED not covered by PED • Pre-PED products for which the corrective action has also an effect on CE marked products • Presenting a risk • Presenting a potential risk • Non-conformity without presenting a (potential) risk
Enterprise Directorate-General European Commission Safeguard clause • Notification of national measure must also occur when this measure concerns non-CE marked products that can have an impact on CE marked products. • “liable to endanger the safety of persons, and where appropriate, domestic animals and property” In first instance, the measure is product and not manufacturer related ! • Quid products that should have CE marking but do not….: general enforcement clause
Enterprise Directorate-General European Commission Safeguard clause Authorities have a significant margin of appreciation: • All appropriate (sufficient and proportionate) measures • To withdraw, prohibit placing on the market and putting into service or use • Restrict free movement (……?) “Qui peut le plus, peut le moins”
Enterprise Directorate-General European Commission Safeguard clause Basis for action: • Failure to satisfy essential requirements • Incorrect application of harmonized standards • Shortcomings in harmonized standards • Shortcoming in EAM
Enterprise Directorate-General European Commission Safeguard clause Commission’s intervention is intended to • Verify correct implementation of Community law with respect to a product that in principle meets European requirements • Come to a European wide solution, protecting interests at the European level • Allow the “competent” Member State to take appropriate action against the person who affixed the CE marking, informing Commission and other Member States: after Commission evaluation the product related procedure becomes a manufacturer related procedure, dealt with by another authority, on behalf of all
Enterprise Directorate-General European Commission Safeguard clauses Be careful…… • Safeguard procedures do not replace a fast mutual information exchange system. If need be, information via RAPEX, ICSMS, ICSMS,etc. to be given in parallel to the safeguard procedure! • A safeguard procedure launched by one Member State does not/may imply that any other Member State has to react as well on the same product on its own territory! • Member States remain responsible for safety on their national market, not the Commission! • Eventually, one Member State will address the manufacturer, on behalf of all
Enterprise Directorate-General European Commission
Enterprise Directorate-General European Commission Wrongly affixed CE marking. • The product wearing the CE marking is not covered by the Directive • Not all requirements to affix the CE marking have been met
Enterprise Directorate-General European Commission Wrongly affixed CE marking. • manufacturer or authorized representative shall be obliged to to make product conform and to end infringement under the conditions imposed by the Member States • When non-conformity persist, the Member States must take all appropriate action to restrict or prohibit placing or withdraw it from the market • Member States must inform all other Member States and Commission
Enterprise Directorate-General European Commission RAPEX. • Aimed at rapid exchange of information in the event of a serious risk to health or safety of persons • Notification to Commission concerns identification of product, description of risk, the measures taken or decided, information on supply chains and distribution • Commission informs other Member States and verifies conformity with Directive; can take additional measures at EU level • Notification under RAPEX does not exclude notification under PED : they serve different purposes • Restrictive measures on pressure equipment are to be introduced and assessed only under the PED/SPVD
Enterprise Directorate-General European Commission ADministrative COoperation (ADCO): Article 17 sets an obligation for Member States to cooperate • ADCO-Group WPA & WGA established in 2004 • Representatives of public administrations • Tasks and objectives for authorities involved in market surveillance and monitoring of Notified Bodies: - Exchange of information - Development of common concepts - Common actions, sharing work
Enterprise Directorate-General European Commission “ADCOtools“: • Regular meetings in Brussels, in relation with meetings of the Working Group Pressure • Electronic communication platform through CIRCA • Use RAPEX and ICSMS Systems (http://www.icsms.org/) – • Pro-active market surveillance action Union-wide • ………….
Enterprise Directorate-General European Commission Lessons to be learnt from previous or current safeguard procedures: • compressed air tank. (Austria) (Commission opinion has been adopted endorsing the safeguard clause) • respiratory apparatus comprising multiple non-metallic bottles of compressed air. (France) (under examination) • liquefied petroleum gas (LPG) tanks. (Finland) (under examination)
Enterprise Directorate-General European Commission Simple Pressure Vessels • Simple Pressure Vessel, 24L/8bar. • Manufactured by a Chinese company, Xinlei • Distributed in several EU countries by a German company as part of a compressor • Notified body has a subsidiairy in China • Problem identified: welding and peaking
Enterprise Directorate-General European Commission SPV • ban on the placing on the market of the simple pressure vessel whether as a separate product or as a part of an assembly • vessels systematically do not comply with the essential requirements set out in section 2 of Annex I to the Directive due to lack of penetration in longitudinal and circular welds and peaking (i.e. a lack of roundness) of the cylindrical section as a result of the failure to master welding and weld preparation techniques. • the entire production of this pressure vessel model is affected by a systematic defect • technically impossible to refurbish the vessels in such a way as to bring them into conformity with the provisions of the Directive.
Enterprise Directorate-General European Commission SPV • the manufacturer, the notified body and the importer recognised that systematic problems occurred until April 2003 • steps had been taken to modify the product and the production process (issue of a new EC type examination certificate and new identification number of the assembly)
Enterprise Directorate-General European Commission SPV Issues to be discussed: • Understanding of Essential Requirements • Notified bodies and control of their subsidiaries • Monitoring of Notified Bodies and their subsidiaries • Only one country introduced safeguard clause • National measures that remain limited to the national market • Importance to follow Directive’s procedures • Distributor/importer assimilated to manufacturer • Administrative cooperation and exchange of information • Role of the Commission
Enterprise Directorate-General European Commission LPG tanks Finland identified faults at the vessel ends located at the curvature of the knuckle of approximately 4—5 mm, identified by visual examination and measurement: - The shape of dished ends does not meet the requirements of the standard EN 13445–3, paragraph 7.5.3.1 or the AD- Merkblatt 2000 B3; The dished ends cannot be calculated according to these equations. - The shape of dished ends does not meet the requirements of the standard EN 13445–4, paragraph 5.4.4. The local irregularities are larger than 2 %.
Enterprise Directorate-General European Commission LPG According to Member State, the alleged local irregularities of the dished ends constitute a violation of essential requirement 3.1.1 of Annex I to the Directive, which may cause a dangerous in-service failure and thus endanger the safety of people.
Enterprise Directorate-General European Commission LPG Issues to be discussed • Role of Notified Bodies • Compliance with B + F module • Conformity with standards • Manufacturer’ declaration that product has been withdrawn form a specific national market • Declaration of conformity • Technical file • Withdrawal of ED Declaration of conformity • Role of administrative cooperation and exchange of information
Enterprise Directorate-General European Commission Respiratory apparatus • respiratory apparatus comprising a number of non-metallic bottles of compressed air. • Design allows for rapid release of pressure between bottles • compressed air bottles made of a composite material lined with a thermoplastic material, that appear particularly sensitive to increases in temperature which may ensue from rapid pressurisation.
Enterprise Directorate-General European Commission Respiratory apparatus • Problem identified by Member State: ignition hazard due to rapid release of fluids between bottles that may lead to local increase of temperature • A ministerial decree imposes permanent communication between bottles to address the risk identified
Enterprise Directorate-General European Commission Respiratory apparatus Issues to be discussed • Accidents occurred with non CE marked, pre-PED equipment • Design principles at stake that also concern PED CE marked equipment • Role of Member States in addressing technical issues • Role of standards bodies, Notified Bodies Forum
Enterprise Directorate-General European Commission Further information • Commission web-site : http://ped.eurodyn.com • Blue Guide • PED WGP Guidelines • Directive text itself