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Chapter1: Free movement of goods 7-8 December 2010. Regulation 764/2008. 764/2008/EU will be included into the EEA Agreement, possibly in January 2011 Decision 3052/95:
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Chapter1: Free movement of goods 7-8 December 2010
Regulation 764/2008 • 764/2008/EU will be included into the EEA Agreement, possibly in January 2011 • Decision 3052/95: • MFA did send in year 1995 a letter to all Ministries to use the procedures of Decision 3052/95 (no legislation at that time) • Regulation 764/2008 on procedures will be implemented by law • - Not problematic • - Product contact point – to be nominated
Regulation 765/2008, and 768/2008 • The NLF will be included into the EEA Agreement, possibly in January 2011. • However mostly implemented already in Iceland: • Regulation 765/2008/EU: • Act No 134/1995 on Product Safety and Official Market Control • Regulation No 237/1996 on checks for conformity in case of products imported from third countries ( cf. 339/1993/EU) • Regulation 768/2008: • Regulation No 957/2006 concerning the modules for the various phases of the conformity assessment procedures and the rules of the affixing and use of the CE marking (cf. 93/465/EU)
Regulation 765/2008, and 768/2008 • Standardisation: • Act No 36/2003 on standards and Icelandic Standards • Question on standards: 1 Dec 22.620 EN standards transposed as Icelandic standards - almost 100% ENs, by CEN, CENELEC and ETSI are therefore transposed in Iceland
Regulation 765/2008, and 768/2008 • Accreditation: • ISAC – office in the premises of the Patent Office of Iceland • Act No 24/2006, on Accreditation; - mostly in line with provisions of the Regulation 765/2008. • ISAC peer review and MLA – under preparation • (Laboratories 6 , Inspection bodies 10 and various other bodies)
Regulation 765/2008, and 768/2008 • Market surveillance: • GPSD cf. Act No 134/1995 on product safety and official market control: • Consumer Agency is RAPEX contact point and coordinates MSA efforts in Iceland. The Consumer Agency is also Competent Authority for various sector specific Directives i.e. Toys, PPE, LVD consumers, Construction products, measuring instruments, NAWI • 5 other CA in sector specific fields • NMSP ICELAND - 15 January 2010: • Submitted to the EU COM in January 2010
Regulation 765/2008, and 768/2008 • Consumer Agency: • Statistics -market surveillance 2010 (Jan-Nov) • Reactions 31 ( cars 23, childcare articles 3, clothing 2, toys 1, LVD consumers 1 , other 1) • Toy /play ground equipment: 1 fatal accident (local event) • PROSAFE – Joint action on Helmets (and lighters) • 32 Press releases – warning and notifications
LVD and Construction Products • LVD – consumer markets • Act No 146/1996 and • Regulation No 678/2009 • Consumer Agency – Christmas decoration lights (inspection) • Construction Products: • Regulation No 431/1994 and • Regulation No 557/2008, and • Act No 134/1995 on general product safety
Legal Metrology, Pre-packaging • Legal Metrology • Act No 91/2006 and • Regulation No 465/2007 on implementation of MID (Measurement instrument Directive) and various regulations: • Regulation 441/2010 on courses for authorized weighers. • Regulation 460/2009 on reference to harmonized standards and normative documents for measuring instruments. • Regulation 437/2009 on e-marked pre-packed products. • Regulation 254/2009 on inspection of non automatic weighing instruments in use • Regulation 253/2009 on inspection of automatic weighing instruments in use • Regulation 1062/2008 on inspection of water meters in use • Regulation. 1061/2008 on inspection of electrical energy meters in use • Regulation 1060/2008 on inspection of measuring systems for fuel dispensers, road tankers and milk. • Regulation 465/2007 on implementation of the Directive 2004/22/EC on measuring instruments • Regulation 956/2006 on the work of bodies authorized to verify measuring instruments on behalf of Neytendastofa • Regulation 955/2006 on verification marks and markings of measuring instruments subject to verification. • Regulation 269/2006 um sprit measures and verification there of • Regulation 616/2000 on non automatic measuring instruments • Regulation 137/1994 on 5 to 50 kilogram medium accuracy rectangular bar weights and 1 to 10 kilogram medium accuracy cylindrical weights • Regulation 136/1994 on weights of from 1 mg to 50 kg of above-medium accuracy • Regulation 130/1994 implementing certain Directives of EEC on measuring instruments (the “old” Directives) • Regulation 129/1994 on common provisions for both measuring instruments and methods of metrological control • Regulation 128/1994 on units of measurement • Guide (2nd. ed. Dec. 2009) for inspection of internal control of water and electrical energy meters
Legal Metrology, Pre-packaging • Pre packaging: • Act No 91/2006 and • Regulation No 437/2009 • The legislation has been transposed but not much use of these provisions by economic operators in Iceland. • TAIEX assistance has been granted – seminar for knowledge and capacity building within industries
Toys • Toys: • Act No 134/1995 and • Regulation No 408/1994 • New Toys Directive: • Draft legislative proposal - first draft under preparation within the Consumer Agency and to Parliament in 2011 • Market Surveillance: • The Consumer Agency – RAPEX notifications and mainly reactive
Textiles and footwear • Textiles: • Act No 57/2005, as amended and • Regulation No 829/2010 • Regulation No 295/2010 • Regulation No 1047/2008 • Regulation No 408/2007 • Question: Council Directive 2008/121/EC has been implemented by Regulation 295/2010. • Footwear: • Regulation 381/2007 on marking of footwear
Directive 85/374/EEC – liability for defective products • Product liability – transposition of the EU Directive: • Act No 25/1991, on product liability • a. Notion of damage: • The producer is liable for damage caused by a defect in his product. • Damage caused by death, or by personal injuries, damage to, or destruction of, any item of property other than the defective product itself provided that the defective product itself is of type ordinarily intended for private use or consumption. • b. Threshold for damages covered: • 70 million euro • c. Exclusion of damages arising from nuclear accidents:
Procedural measures, notification procedures • Directive 98/34/EC: • Act No 57/2000, on the exchange of information and notification of technical rules in respect to products and regulations in respect to information society services • Regulation No 733/2000, on notifications on technical rules and regulations • National Contact Point: • The Consumer Agency is the national contact point by regulation and service agreement by Ministry for Foreign Affairs • 2009: 3.820 notifications received (3.343 in 2008). • 2008: 9 notifications from Iceland (and 1 in 2009)