Slovak Trade Inspection

1. Slovak Trade Inspection Implementation of the NLF in the field of market surveillance Slovak experience 9th MARS Groupmeeting 13 – 15 September 2011, Bratislava

2. Scope of presentation • Competencies of Slovak Trade Inspection • Planning of controls • Art. 27 – 29 of Regulation No 765/2008 (controls of products entering the EU market) • Art. 19 - 21 of Regulation No 765/2008 (controls of products entering the national market) • Art. 22 of Regulation No 765/2008 (exchange of information – RAPEX system • Art. 18 of Regulation No 765/2008 (obligations of the Member States as regards the MS authorities) • How to improve our work

3. Competencies of Slovak Trade Inspection • Act on State Control of Internal Market in the Consumer Protection Matters (the sphere of authority of STI, the rights and duties of the inspectors, the rights and duties of the inspected persons, powers - protective measures and fines) • Act on Technical Requirements for Products and On Conformity Assessment Procedures (the system of government ordinances – transposition of the New Approach Directives) • Act on Consumer Protection (transposition of the General Product Safety Directivein the form of Governmental Ordinance to the Act )

4. New ApproachDirectives • Machinery Directive • Low Voltage Directive • Electromagnetic compatibility • Toy Safety Directive • Pressure Equipment Directive • Personal ProtectiveEquipment Directive • Recreational Craft • Radio equipment and telecommunications terminal equipment • Appliances Burning Gaseous Fuels • Refrigeration appliances • Noise Emission • Construction products

5. Other Acts regarding protection of consumer’s economic interests ... Acts on • Prices • Protection of Non-smokers • Conditions for the Marketing of Products and the Provision of Services in Market Places • Consumer Protection at Door-to-Door Sale and Home-Delivery Sale • Emergency Reserves of Oil and Oil Products and on Resolution of Oil Crisis • Advertising • Financial services • Consumer Credit

6. Other Acts regarding protection of consumer’s economic interests ... • Conducted Tours, Conditions for the Enterprise of Travel Offices and Agencies • E-commerce • Waste • Packing • Building Products • Chemical Substances and Preparation • Conditions for the Launch of Biocide Products onto the Market • Protection of some TV and Radio broadcasting services • Passenger rights in air transport

7. Planning of controls based on • complaints of consumers and economic operators • announcements of other administration bodies (especiallycustoms authorities !!!) • new legal norms • experience from previous controls • experience from appeal procedures • follow-up of the measures • notifications from RAPEX system • risk assessment • Echo system

8. Controls of products entering the EU market (Art. 27 – 29 of Reg.) • Notifications of customs authorities if there is: - suspicion the product may pose risk - no documentation or labeling complying with EU harmonization legislation - no CE marking or it has been affixed to the product in a false or misleading manner • and they also notify STI on all imports that are identified as potentially risky – at present e.g. lighters and electrical Christmas lights

9. Controls of products entering the national market (Art. 19 – 21 of Reg.) • STI checks the compliance of products of the harmonized area with relevant legislation and samples products to verify their safety and conformity (testing costs are paid to the notified body at all times, they are selected in a tender + samples are normally paid for as well but if there is a finding our total costs are collected from responsible subject) • STI notifies the entrepreneur operating in the EU of shortcomings found, requests their remedy or imposes restrictive measures if they are not (STI always gives preference to voluntary measures taken by the subject itself)

10. Exchange of information – RAPEX system (Art. 22 of Reg.) Practicalexperience: • risky products from third countries or of unknown origin take a long time to examine (without the identification of the producer/importer) • high efficiency of sampling despite a decrease in the number of samples taken and long-termproblem with a high percentage of dangerous products from third countries or unknown origin • less intense administrative cooperation – little feedback from our counterparts (STI notifies a relevant MS body of products imported to Slovakia from another member state in order to facilitate prompt protection of the market even before notifying them to RAPEX; it also offers to provide documentation proving the risk the products pose)

11. Obligations of MS authorities (Art. 18 of Reg.) • follow up complaints (STI: approx. 7000 to 8000 / p.a.) • monitor accidents and harm to health which are suspected to have been caused by the products (ECHO system launched by STI + consumers can report such products to a special phone number at the price of a local call from all over Slovakia) • establish, implement and update market surveillance programmes (STI has established general and sector specific) - clear goal is targeted protection of national markets and the common EU market - if programmes are to be justified, they should be useful for other member states

12. Information and education via media, Internet, annual reports... On web site www.soi.skare available • market surveillance programmes • overview of the dangerous products which were found on our market • overview of all notifications on the internal market • important warnings sent by manufacturers in case they launched a product which might pose a risk to consumers

13. How to improveour work • to enhance the cooperation between market surveillance bodies of individual member states • to devise an efficient manner of evaluation of programmes of member states + possible coordination with ADCO groups • to raise the awareness of entrepreneurs of their rights and obligations arising from the Regulation No 765/2008 • to accelerate the reviews of New Approach directives incorporating the duty to mark products according to the Decision No 768/2008 to facilitate their traceability • to unify sampling procedures in terms of payment for samples

14. Thank you For further information, pleasecontact: Nadezda Machutova General Director Slovak Trade Inspection Prievozská 32 827 99 Bratislava 27 Slovak Republic Tel: +421 2 58272103; Fax: +421 2 5341 4996 Web-site: www.soi.sk e-mail: nada.machutova@soi.sk