Jan Deconinck Market Surveillance

http://economie.fgov.be

Jan Deconinck, M.Sc

Prosafe Chairman

Head of Department Metrology

FPS Economy - Belgium

First International Congress on Market Surveillance in

Technical Regulations

Market Surveillance in the

European member States

Jan Deconinck

Current Head of Department Metrology

Chairman of Prosafe

2009 Head of Regional Unit Market Surveillance Legal Metrology Consumer Safety

2003 Senior Advisor on Consumer Safety to the Belgian Deputy Prime Minister

1996 Market Surveillance Officer

1988 Masters Degree in Mechanical and Electrotechnical Engineering

Free University of Brussels (VUB)


be.linkedin.com/jandeconinck

Products Safety Enforcement Forum of Europe

Facilitating cooperation between market surveillance officers

to improve product and service safety since 1990

2005 Coordinating body for Joint Actions and promotor of Best

Practice in Market Surveillance

EMARS 1&2, Baby Walkers, Child appealing appliances, Helmets, Lighters, Sun beds, Cords and Drawstrings, Lighters, Playground Equipment

1990 Established by Market Surveillance Officers

Prosafe

Market Surveillance in Europe

What is the goal of market surveillance

European Legal Framework

Main Challenges for Market Surveillance

Joint Actions

Conclusions

Overview


What is the goal of market

surveillance



Joint Actions

Conclusions

Overview

Market Surveillance


Safe products

level playing

field

Free circulation

of products

Market Surveillance


Consumer rights

Consumer

confidence

Builds internal

market

Market Surveillance

Goal ?

Guaranteeing a high level of protection of public interest






Joint Actions

Conclusions

Overview

Producers shall be obliged to place only safe products on

the market.

A product shall be presumed safe as far as the risks and

risk categories covered by relevant national standards are

concerned when it conforms to voluntary national

standards transposing European standards,

The directives establish only the essential requirements which the products

must satisfy. Products which do satisfy these requirements must be authorised

by the various Member States on their respective markets. Manufacturers may

of course place on the market products which satisfy higher quality and safety

levels. But Member States cannot require this (except in certain specific

cases).

Products which do not meet these requirements may not be placed on the

market.

The essential requirements imposed in the directives specifically relate to the

risks linked to use of the products. The requirements are imposed on the

designers, producers and importers and bear on the design, manufacture and

sale.

These Directives have a dual purpose:

- ensuring the free movement of goods through

technical harmonisation of entire product sectors, and of

- guaranteeing a high level of protection of public

interest

Key principles : - the definition of mandatory essential requirements,

- the setting up of appropriate conformity assessment

procedures

- the introduction of CE marking.

- Business and industry are given a wide choice of

how to meet their obligations.

- The European standards bodies have the task of

drawing up technical specifications.

Products manufactured in conformity with harmonised standards are presumed to be

conformant to the essential requirements

Standards are not mandatory, they remain voluntary (Alternate paths are possible but the

producer has an obligation to prove his products

are conformant to the essential requirements)

Standards must offer a guarantee of quality with regard to the essential requirements of the

directives


Mandatory Essential Requirements

=> Voluntary Standards

A Choice of how to meet obligations

=> Risk Analysis at Design Phase

EUROPE

Competent Authorities

Nominate the authorities competent to monitor

the compliance of products and define their

tasks, powers and organisation

MEMBER STATE

EUROPE

Penalties

Provide for effective, proportionate and

dissuasive penalties

MEMBER STATE


Member State (Belgium)

The Minister can order:

to stop the selling of the product

to withdraw the products of the market

to inform the public

to recall very dangerous products

to destroy products if needed

to publish the results of tests and decisions

a warning to the manufacturer

the manufacturer to have the product tested by an independent laboratory

The Minister can order: to withdraw the products of the market

foto eclipsbril

The Minister can order: to publish the results of tests and decisions

The Minister can order: to recall very dangerous products

The Minister can order: to inform the public

The Minister can order: to destroy products if needed

The Minister can order: to stop the selling of the product

The Minister can order: the manufacturer to have the

product tested by an

independent laboratory

The competent authorities can: take samples free of charge and examine them

The competent authorities can: take every document they need


Member State (Belgium)

In case of non-respect of the law, penalties can go up to 20.000 for each

infringement

Penalties are doubled when the infringement is repeated within 5 years

Excessive/unauthorised profits can be confiscated

Publication of the judgement by any means can be ordered




Main Challenges for Market

Surveillance

Joint Actions

Conclusions

Overview

Main Challenges for Market Surveillance Authorities ?

- Consistency in the interpretation of

- Obligations

- Risks

- Resources

- Human

- Financial

-Testing Capabilities, Experience, Best practices

- Diversity





Joint Actions

Conclusions

Overview

Market Surveillance Joint Actions

- EMARS 1 & 2 Joint Actions

- Funded by European Commission

- 19 Product Activities in the last 5 years Joint Actions

- Typically 20 Member States participating

- Every MS participated in at least 1 joint action

- Links with customs and outreach to China

- Close to source

Joint Actions

- 2011

- Battery Chargers

- Child-Care Articles

- Fireworks

- Lawn Mowers

- 2010

- Food imitating Child Appealing

Products

- Children Fancy Dress

- Laser Pointers

- Ladders

- Visibility Clothing

- 2009

- Baby Walkers

- Child Appealing Appliances

- Helmets

- 2008

- Cords and Drawstrings

- Sun Beds & Solarium Services

- Toys

- 2007

- Extension Cord Sets

- Playground Equipment

- 2006

- Lighters





Joint Actions

Conclusions

Overview

Lessons learned

- Market Surveillance requested by industry and

consumers alike

- Pooling of human and material resources creates

better market surveillance in all participating MS

- Cooperating aligns interpretation and

implementation

Efficient Market Surveillance

=

Coordinated Market Surveillance

Market Surveillance

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Documents

Jan Deconinck Market Surveillance