First International Congress on Market Surveillance in

Technical Regulations

Market Surveillance in the

European member States

Jan Deconinck, M.Sc
Prosafe Chairman
Head of Department Metrology

FPS Economy - Belgium

http://economie.fgov.be

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
http://economie.fgov.be

Prosafe
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

Overview
Market Surveillance in Europe
What is the goal of market surveillance

European Legal Framework

Main Challenges for Market Surveillance
Joint Actions
Conclusions

Overview
Market Surveillance in Europe

What is the goal of market

surveillance
European Legal Framework
Main Challenges for Market Surveillance
Joint Actions
Conclusions

Market Surveillance
Safe products

level playing
field
http://economie.fgov.be

Free circulation
of products

Market Surveillance
Consumer rights

Consumer
confidence
http://economie.fgov.be

Builds internal
market

Market Surveillance
Goal ?

Guaranteeing a high level of protection of public interest

http://economie.fgov.be

Overview
Market Surveillance in Europe
What is the goal of market surveillance

European Legal Framework

Main Challenges for Market Surveillance
Joint Actions

Conclusions

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

http://economie.fgov.be

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

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
http://economie.fgov.be

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 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

http://economie.fgov.be

Overview
Market Surveillance in Europe
What is the goal of market surveillance

European Legal Framework

Main Challenges for Market

Surveillance
Joint Actions
Conclusions

Main Challenges for Market Surveillance Authorities ?

- Consistency in the interpretation of

- Obligations
- Risks
- Resources
- Human
- Financial
-Testing Capabilities, Experience, Best practices
- Diversity

Overview
Market Surveillance in Europe
What is the goal of market surveillance

European Legal Framework

Main Challenges for Market Surveillance

Joint Actions
Conclusions

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

Overview
Market Surveillance in Europe
What is the goal of market surveillance

European Legal Framework

Main Challenges for Market Surveillance
Joint Actions

Conclusions

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
Feedback

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