A single market for electrical products Market surveillance perspective

1. A single market for electrical productsMarket surveillance perspective Jan Willem Weijland Voedsel en Waren Autoriteit Food and Product Safety Authority

2. European integration - history • 1951: Treaty European Coal and Steel Community • 1957: Treaty establishing European Economic Community and • European Atomic Energy Community • 1992: Treaty on European Union. LVD workshop Sofia October 2004

3. The Single Market • The single economy provides a base for stable cooperation and contributes to political stability. The cornerstones of economical integration is the formation of a single market. • Principal objectives of the single market: • Free circulation of goods • High level of protection for the European citizens LVD workshop Sofia October 2004

4. Requirements for the establishment of a single market • Unification of product requirements through harmonization of product legislation • Obligation for the Member States to allow the free movement of goods • Obligation for the Member States to establish Market Surveillance Authorities LVD workshop Sofia October 2004

5. Harmonization of legislation • Product requirements in Directives • High level of consumer protection • Allow innovation • Obligation for the MS to implement Directives in their Legislation • Implementation dependent on legal system in MS • Obligation for MS to enforce this legislation LVD workshop Sofia October 2004

6. Harmonization of legislation • Low Voltage Directive : • The LVD defines requirements for electrical products within its scope in general terms, thus providing for high level of safety and allowing innovation [essential requirements] • LVD refers to harmonized European Standards, which convey the ‘presumption of conformity’ • LVD provides for a single conformity assessment procedure, that holds for the whole EU • LVD provides for a notification system for non compliant products LVD workshop Sofia October 2004

7. Harmonization of legislation • Product requirements in Directives • High level of consumer protection • Allow innovation • Obligation for the MS to implement Directives in their Legislation • Implementation dependent on legal system in Member State • Obligation for MS to enforce this legislation LVD workshop Sofia October 2004

8. Harmonization of legislation • Product requirements in Directives • High level of consumer protection • Allow innovation • Obligation for the MS to implement Directives in their Legislation • Implementation dependent on legal system in MS • Obligation for MS to enforce this legislation LVD workshop Sofia October 2004

9. Enforcement of product legislation • Obligation to enforce Community Legislation • (Article 10 of the EC treaty) • Market surveillance is essential tool for the enforcement of product legislation • The purpose of Market Surveillance is: • Ensure compliance with legislation • Establish community wide equivalent level of protection • Help to eliminate unfair competition • Member States are obliged to organize and carry out Market surveillance. LVD workshop Sofia October 2004

10. Enforcement of product legislation • Market surveillance (enforcement) national responsibility • Member states to certain extent dependent on each other • Risk that non complying products seek member state with lowest level of Market surveillance to enter the European market • Risk that product with sales ban in one Member State go to Member state with less Market surveillance LVD workshop Sofia October 2004

11. Organization of Market surveillance • Member States are responsible for the organization of Market Surveillance, but can do this as they please, provided: • Market Surveillance is carried out by public authority • Market Surveillance is efficient • Market surveillance covers the whole territory of the MS • This allows considerable freedom in the way MS is organized, which is reflected in large differences between the Member States. LVD workshop Sofia October 2004

12. Organization of Market surveillance • United Kingdom: regional authorities • Germany: Länder • Denmark: national authority Ministry of Economic Affairs • Netherlands: national authority Ministry of Agriculture) LVD workshop Sofia October 2004

13. Enforcement of product legislation • the European Commission stresses: • The importance of effective and efficient Market Surveillance • The need for administrative cooperation between the member states • Inform each other of results of Market Surveillance • Inform each other of non compliant products LVD workshop Sofia October 2004

14. GPSD Article 9 – market surveillance • Sectoral surveillance programs by categories of products and the monitoring of surveillance activities, findings and results • Follow up and updating of scientific and technical knowledge concerning the safety of products • Periodical review and assessment of the functioning of the control activities and, if necessary revision of the approach and organization LVD workshop Sofia October 2004

15. priorities • Member States decide! • In the Netherlands: • Food and Product Safety Authority is part of Health Ministry •  Product safety is main priority – high level of consumer protection LVD workshop Sofia October 2004

16. Practice of LVD Enforcement in the Netherlands • Legal situation: • Conformity assessment is form of self certification • Declaration of conformity based on: • Certification by notified body that product complies with standard • Own tests which show product complies with standard • No tests at all • Sometimes falsifications of nobo certificates • Conformity with standard gives ‘presumption of conformity’ LVD workshop Sofia October 2004

17. Practice of LVD Enforcement in the Netherlands • Projects covering specific product categories • selection of subjects guided by: • accident statistics • statistics from previous investigations • accidents & consumer complaints • experiences in other member states • direct observation by officers in the field • regular surveillance • Inspections by officers in the field • follow-up of RAPEX and safeguard clauses • follow up of consumer complaints LVD workshop Sofia October 2004

18. Statistics of article 9 notifications LVD LVD workshop Sofia October 2004

19. Enforcement projects LVD • Selection of product category • Market analyses • Identification importers and producers • Identification of retail outlets • Size of the market • Study of the Standard • Which standard(s) • Selection of safety relevant requirements • Definition of test program • Inspection and sampling of products (at the source) • Testing and evalution of the results • Legal action and reporting LVD workshop Sofia October 2004

20. Practice of LVD Enforcement in the Netherlands • Examples of projects: • Electric kettles • Mains adaptors for mobile telephones • Luminaries • Electric tools LVD workshop Sofia October 2004

21. Enforcement of product legislation • the European Commission stresses: • The importance of effective and efficient Market Surveillance • The need for administrative cooperation between the member states • Inform each other of results of Market Surveillance • Inform each other of non compliant products LVD workshop Sofia October 2004

22. Exchange of information • Information exchange: • Administrative cooperation groups [LVD-ADCO] • market surveillance issues • recommendations • discussion of Commission opinions • Notification procedure • informal exchange of information • formal notifications • Notofied Body forum LVD workshop Sofia October 2004

23. LVD ADCO • Recommendations on how to handle practical enforcement problems • Harmonization of the seriousness of shortcomings is judged • Nordic system (serious criticism, criticism, remark) • Discussion on shortcomings in standards and on notifications of shortcomings in standards • UV sun beds; hot surfaces of household appliances (EN 60335); cable reels (EN 61242) • Exchange of information of surveillance projects in the Member States • Cross border projects • Stakeholders meetings LVD workshop Sofia October 2004

24. LVD workshop Sofia October 2004

25. Border controls • Aims: • Stopping non compliant products at EU – border • Cooperation between customs and MS-authorities • Regulation (EEC) No 339/93: • Requires cooperation between custom authorities and Market surveillance authorities to check for non complying products from third countries • Stop non complying products to enter the free circulation of goods LVD workshop Sofia October 2004

26. Border controls • Formal agreement with customs: • Information exchange • Red flags • Teams of inspectors at main entry points (Rotterdam harbour, Schiphol Airport) • Tracing of goods, source and destinations LVD workshop Sofia October 2004