Market Surveillance Authorities intervention actions

1. Market Surveillance Authorities intervention actions How the measures (corrective/repressive) are taken by the competent market surveillance authority in the case of unsafe products – inspection procedures for control

2. Evert van Wilgenburg Senior Product Safety Expert and Policy new Food and Consumer Product Safety Authority Netherlands

3. Basis for intervention (1) • Low Voltage Directive (2006/95/EC) • Article 2.1 Prohibitation • Article 2.2 Safety objectives • Article 8.1 Administrative requirements • Article 9 Notification Intervention actions - LVD

4. Basis for intervention (2) LVD Article 2.1 The Member States shall take all appropriate measuresto ensure that electrical equipment may be placed on the market only if, having been constructed in accordance with good engineering practice in safety matters in force in the Community, it does not endanger the safety of persons, domestic animals or property when properly installed and maintained and used in applications for which it was made. Intervention actions - LVD

5. Basis for intervention (3) LVD Article 2.2 Intervention if the safety objectives of the LVD are not fulfilled (see Annex I, safety objectives) Intervention actions - LVD

6. Basis for intervention (3) LVD Article 8.1 Before being placed on the market, the electrical equipment must have affixed to it the CE marking provided for in Article 10 attesting to its conformity to the provisions of this Directive, including the conformity assessment procedure described in Annex IV. (see Annex IV, Internal Production Control) Intervention actions - LVD

7. Basis for intervention (3) LVD Article 9 If, for safety reasons, a Member State prohibits the placing on the market of any electrical equipment or impedes its free movement, it shall immediately inform the other Member States concerned and the Commission, indicating the grounds for its decision and stating in particular: ……………………. Intervention actions - LVD

8. Basis for intervention (4) • National law that implements the LVD However: • All parts of the Directive must be implemented • The competence en measures can differ between countries Every country has its own solutions on implementation of the Directive Intervention actions - LVD

9. Basis for intervention (3) • National law that implements the LVD can be: • Criminal law • Administrative law • …… Intervention actions - LVD

10. Basis for intervention (4) • Market Surveillance Authorities can consider: • Policy • Intervention strategy • Inspection strategy • …… Intervention actions - LVD

11. Market surveillance method • Inspection • Product testing on location • Product sampling • Testing product in laboratory • Intervention Intervention actions - LVD

12. Intervention characteristic (1) • Prevention • Corrective measures • Punishing (repressive) measures • Compliance assistance Intervention actions - LVD

13. Intervention characteristic (1a) • Prevention • Information sheets • Information on website • Seminars and stakeholder meetings • …….. Intervention actions - LVD

14. Intervention characteristic (1b) • Corrective measures • Withdrawal of the products in the trading channels • Public warning • Recall • Seizure / taking into custody • ……. Intervention actions - LVD

15. Intervention characteristic (1c) • Punishing (repressive) measures • Fine * • Jail ** • Closing or restricting business ** • ……. • * Administrative law ** Criminal law Intervention actions - LVD

16. Intervention characteristic (1d) • Compliance assistance • System audits • Informative instructions • …….. Intervention actions - LVD

17. Intervention characteristic (2) • Lowest level of non-compliance: • Small to very small shortcoming not directly hazard related and administrative requirements • Highest level of non-compliance: • Hazard assessment • In between: • Everything else Intervention actions - LVD

18. Intervention characteristic (3) • Remarks • Remark – trading sometimes allowed (under conditions) • Warnings (written) • Warning – withdrawal of the products in the trading channels • Protocol report (administrative or criminal law or …) • Prohibitation – withdrawal of the products in the trading channels and payment of a fine Intervention actions - LVD

19. Intervention characteristic (4) • Influential aspects • Recidive • Circumstances aggravating or mitigating • Notification EU (Prohibitation of trading in the EU market) • Rapex EU (Prohibitation of trading in the EU market) • Public warning • Recall Intervention actions - LVD

20. Additional information • Notifications and complaints • Annual project planning • EU projects • Initiative inspections • First inspection • Follow-up inspection • Final inspection • Re-inspection • Stimulating inspection • System inspection (high level/time consuming) Intervention actions - LVD

21. Thank you for your attention Evert van Wilgenburg Senior Product Safety Expert and Policy Chairman LVD-AdCo 2010 ........................................................................ Division Primex new Food and Consumer Product Safety Authority Westelijke Parallelweg 4 | 3331 EW | Zwijndrecht | TVE Postbus 3000 | 3330 DC | Zwijndrecht | Netherlands ........................................................................ T 0031 (0)78 6112100 F 0031 (0)78 6112200 evert.van.wilgenburg@vwa.nl ........................................................................ The AID, PD and VWA are building one new Food and Consumer Product Safety Authority. Intervention actions - LVD