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Document 52013DC0076
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 20 actions for safer and compliant products for Europe: a multi-annual action plan for the surveillance of products in the EU
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 20 actions for safer and compliant products for Europe: a multi-annual action plan for the surveillance of products in the EU
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 20 actions for safer and compliant products for Europe: a multi-annual action plan for the surveillance of products in the EU
/* COM/2013/076 final */
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 20 actions for safer and compliant products for Europe: a multi-annual action plan for the surveillance of products in the EU /* COM/2013/076 final */
COMMUNICATION FROM THE COMMISSION TO
THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL
COMMITTEE 20 actions for safer and compliant
products for Europe: a multi-annual action plan for the surveillance of
products in the EU (Text with EEA relevance) 1. Introduction The surveillance of the internal market for
products is, in practice, an enormous challenge: the range of products to be
controlled is very wide, many are imported from outside the Union, Member
States have limited resources to perform checks and inspections and the need
for controls in the Member States depends on various factors, such as the
geographical and administrative structure of a country. Performing market surveillance requires a
sound infrastructure, efficient organisation and specialist knowledge. The
combination of these elements is essential to achieving the twin objectives of
protecting the citizen and ensuring fair competition. The organisation of
market surveillance has to be frequently adapted to cope with evolving needs
and a changing industrial environment. The core of market surveillance is a chain
of interdependent processes such as inspections, sampling, laboratory testing,
interpretation of results, risk assessment, decision making, intervention and
ensuing legal procedures which may involve corrective measures or even
sanctions. The multi-annual market surveillance action
plan is one of the 50 action points listed in the “Single Market Act”[1]. It will introduce a number of objectives to be pursued and
measures to be taken to achieve its political objectives and eliminate market
dysfunctions. The Single Market Act II[2]
reiterates the need to improve the safety of products circulating in the EU. This plan aims to fill gaps and make the
surveillance of the single market for products (with the exception of food,
feed and medicines) more efficient and operational to properly implement the
relevant provisions of Regulation (EC) No 765/2008 setting out the requirements
for accreditation and market surveillance[3]
and Directive 2001/95/EC of the European Parliament and Council on general
product safety[4].
It is part of a wider package that also includes proposals for a Regulation on Consumer
Product Safety and a Regulation on Market Surveillance. The plan complements –
and must be read in conjunction with - these initiatives but, pending the final
adoption of these legislative proposals, it builds on the existing set of rules
and programmes[5].
It also takes into account the problems outlined in the impact assessment that
accompanies this package. The Commission intends to implement this
plan with effect from its adoption, until 2015. At that time, it will assess
whether a future multi-annual plan is necessary. However, not all actions will
start at the same moment and the duration of each action will be dictated by
its specific needs. The main objective of this plan is to
outline the non-legislative action that the Commission will take to reduce the
number of unsafe or non-compliant products and ensure the efficiency and
effectiveness of the surveillance of products both within the Union and on
entry into the Union. 2. Efficiency and
effectiveness gains within the EU Market surveillance authorities must be
properly organised and equipped to cope with the obligations and requirements
of the relevant Union legislation. However, experience has revealed gaps in the
Union market surveillance framework. To conduct effective and efficient market
surveillance, responsible national authorities need a sound infrastructure, good
organisation, appropriate legal powers, suitable facilities and equipment and
competent and skilled officers, benefiting from high quality training. 2.1. Pooling of information
stemming from investigations To verify whether a product poses a risk or
is non-compliant with the applicable requirements, tests and checks are usually
required in order to provide information for the risk assessment. Tests entail
high costs. Sometimes competent authorities lack the technical expertise to
properly perform tests and also interpret the test results. Appropriate
coordination, cooperation, training and information sharing is therefore
essential in this area. Action
1: Facilitate the 'portability' of test reports in the Union The
Commission will promote the use, among the relevant market surveillance
authorities including those responsible for external border controls, of
results of tests already performed in one Member State by other Member States
and will also facilitate their distribution via ICSMS. Sharing information between market
surveillance authorities and with customs across the EU is essential to avoid
double work. Information Technology systems are the best way to achieve this
since they enable efficient work flows and allow swift and easy retrieval and
exchange of information. The new IT platform GRAS-RAPEX[6] is used for the Member States
to submit RAPEX notifications. On the other hand the ICSMS[7] tool offers fast and efficient
communication means for market surveillance authorities to exchange information
within a short space of time. ICSMS is not an alert system but a market
surveillance general archiving and information-sharing tool that aids in establishing
a co-operation mechanism among authorities and a general information tool on
market surveillance. The ICSMS could also be enlarged for the exchange of
information between customs authorities as well as with the national competent
authorities. Action
2: Maximise the benefits of ICSMS ICSMS
will be developed further to collect, store and exchange information and best
practices among all the actors directly concerned. This will include eventually
the publication of test results, results of joint actions, guidelines and
guidance for training of market surveillance authorities, case studies,
statistics and overall information on market surveillance for products. Action
3: Create synergies between GRAS-RAPEX and ICSMS GRAS-RAPEX
and ICSMS have very distinct functions and are therefore kept separately. The
Commission, in regard of the GRAS-RAPEX and ICSMS distinct objectives, will
develop, however, synergies between both systems. In addition, data related to accidents and
injuries caused by unsafe products should feed into the market surveillance
efforts. Although Regulation 765/2008 (Article 18) obliges Member States to
monitor accidents, little has happened in practice, considering the many
practical difficulties to establish a reporting system that could be helpful
for all authorities and economic operators. Action
4: Assess the cost/benefit of an EU accident/injury database (AIDB) The
Commission will examine the feasibility of a public Consumer Product Safety
Information Database, which could include a platform for complaints and
injuries. It will take into account the achievements made by EUROSAFE, OECD and
other relevant tools available in this area[8]. 2.2. A common approach to risk
assessment One of the most challenging activities for
market surveillance authorities is the identification and correct assessment of
the risk presented by a product. To facilitate the effectiveness and efficiency
of the risk assessment, the Commission has already developed a risk assessment
methodology available in the RAPEX Guidelines (OJEU No L 22 of 26.01.2010).
However, this methodology has to be updated and cover all risks. Action
5: a EU general risk assessment methodology for products The
Commission will complete and update the general risk assessment methodology available
in the RAPEX Guidelines so that they cover the other risks. 2.3. Performance Benchmarks for
market surveillance The study "Future of Market Surveillance"[9] showed that there is very
little performance information regarding the market surveillance activities of
Member States available, and accurate benchmarking is impossible. It also
suggested that Member States find the provision of information an unnecessary
burden, but probably as a result of not recording the required information in
an easily accessible format. In order to allow for benchmarking and
comparability of indicators of market surveillance performance in Member States
the European Commission established in 2008 a data collection tool dedicated to
collection of data which measure the key activities of national authorities in
charge of product safety enforcement. However, despite a continuous effort on
the quality and scope of the enforcement indicators, the accuracy and the
usefulness of the information collected as well as its comparability - which
allows the identification of strong and weak links in the EU market
surveillance enforcement framework - remains limited. In addition, there is no
reporting on the results of border controls. The Administrative Cooperation
Groups (ADCOs) should be used for such benchmarking, in their respective areas
of competence. Action
6: Developing Key Performance Benchmarks for market surveillance The
Commission will ensure the improvement of the data collection system and
determine, together with the market surveillance authorities, the most
important key relevant enforcement indicators that should be collected in the medium
term. The Commission will also collect data from the Member States on the
results of border controls from 2013 and publish an annual report from 2015. 2.4. Facilitate controls for
high tech and innovative products It is generally recognised that it is very
difficult to perform safety controls on products that hold dangerous substances
such as cadmium and lead, or for high technology products like the electronic
weighing instruments. The control of the conformity of these categories of
products can be done only by destroying the sample, very often incurring high
costs and involving difficulties in demonstrating a posteriori
non-compliance. The products concerned are covered by EU legislation, and are
very numerous. At present, given the difficulties described above, it is not
clear if these products are controlled only by documentary and physical checks,
but also by laboratory checks on the characteristics of the products - as
required by Regulation 765/2008[10].
Action
7: Examine the feasibility of safety and compliance controls for high tech and
innovative products The
Commission will examine the feasibility of facilitating the safety/compliance controls
by national authorities for high tech and innovative products. This will have a
twofold objective (a) facilitate the checks by Member States and (b) avoid a
situation where these products are never properly checked as a result of
technical difficulties. The feasibility will take into account the
specificities of SMEs. 3. A closer cooperation
throughout the Union The rapid integration of the single market
for products, the fact that more and more transnational businesses are
developing and offering a wide range of products in several Member States, the
development of e-commerce across borders in Europe and the growing number of
imports of products manufactured outside the EU, means there is a need for more
cross-border cooperation on market surveillance. It is therefore important that
the organisation of market surveillance activities mirrors developments on the
European product market, inter alia to ensure the sharing of information on
inspection results and to avoid the repetition of tests. 3.1. Coordination of
cross-border surveillance activities The accompanying legislative proposal for a
Regulation on Market Surveillance aims to strengthen and streamline European
procedures for the exchange of information about unsafe or non-compliant
products, through a stronger RAPEX procedure, and the integration of 'safeguard
procedures' for certain products that often bear the CE marking. Nevertheless,
better exchange of information also depends on more and increasingly
coordinated cross-border market surveillance activities, coordinated planning
and mutual assistance. To this end, the proposal for a Regulation
on Market Surveillance suggests establishing an 'EU Market Surveillance Forum'
and an Executive Secretariat to assist it, with the participation of all Member
States, to facilitate the coherent implementation of the activities covered by
this plan or in the relevant EU legislation. The ADCOs will also be part of
this EU Market Surveillance Forum. Action
8: Prepare the creation of an Executive Secretariat The
future EU Market Surveillance Forum needs organisational assistance to perform its
tasks. The Commission will establish an Executive Secretariat that will assist
the EU Market Surveillance Forum. 3.2. Joint enforcement actions The creation of the Internal Market ensures
that products circulate freely across the Union. Unfortunately, many market
surveillance activities are still limited to the national territory and their
results are not always made available to other authorities. More coordination
of the practical enforcement work is paramount to achieve a level playing field
for economic operators and an equal level of consumer protection across the EU. Action
9: Joint enforcement activities The
Commission will provide financial support for joint enforcement actions,
allowing market surveillance authorities and customs to pool resources and
expertise and to apply SME-friendly methods. The main objective of this
initiative is to enhance the efficiency and effectiveness of the surveillance
system in Europe, as well as to improve the coordination of the practical
enforcement work carried out in relation to product categories or other
priorities. 3.3. Exchanges of officials To encourage market surveillance
authorities to share and gain experience and expertise in product safety and
market surveillance mechanisms, the Commission will provide financial support for
exchanges of officials between Member States. Action
10: Exchange of officials The
Commission will provide financial support for exchanges of officials in the
area of non-food consumer products and service safety. 3.4. Closer European
cooperation on market surveillance European cooperation on market surveillance
for products that are subject to Union harmonisation legislation usually takes
place through informal groups of market surveillance authorities. They meet in the
informal and sectorial 'Administrative Cooperation' groups, known as ADCOs,
which discuss market surveillance problems in their area. These groups are
often chaired by a representative of a national market surveillance authority. However,
as the organisation of the meetings of these groups represents a considerable
administrative challenge for the chairperson, while many of the market
surveillance authorities cannot attend these meetings as a consequence of
budgetary constraints, the Commission proposes to increase its support for these
groups. Action
11: More support for 'Administrative Cooperation groups' (ADCOs) The
Commission will provide financial support towards the administrative
functioning of most of these groups so that the administrative burden of the
organisation of these meetings can be reduced. The Commission will also discuss
with the ADCOs the most cost-efficient method for the reimbursement of, or
financial support for the travel costs of market surveillance authorities that
wish to attend the meetings of the selected groups. 3.5. Products sold on-line E-commerce is expanding rapidly and constitutes
a new challenge for market surveillance authorities. The
public consultation on the revision of the General Product Safety Directive indicated
that market surveillance activities with respect to products marketed online
take place in a fairly incidental, fragmented and uncoordinated manner[11]. As a consequence, the level of protection
and legal support of consumers and other users against risks posed by unsafe
products sold on-line lags behind the level of protection provided in respect
of other distribution channels. Consumers often buy products online and face
problems if the product is unsafe or non-compliant. Unsafe products that were withdrawn
and recalled from the EU market may still be available to final users via the
Internet. Action
12: Products sold on-line The
Commission intends to: - study
the ways in which e-shops selling consumer products operate, including the
location of large e-commerce operators, e-commerce supply depots and e-commerce
supply routes, in particular if products are distributed to the final consumer
directly from third countries and the role and importance of SMEs in the
e-commerce supply-chain; -
establish, together with the Member States, a common understanding/approach of
the ways in which the surveillance of products sold online should be performed
in the Union and produce guidance on the enforcement of the rules for products
sold online, especially in cross-border situations that require cooperation
between the authorities of different Member States or third countries; -
collect information from the Member States enforcement authorities/agencies on
such enforcement activities; -
educate consumers and define the roles and responsibilities of the relevant
parties (authorities, economic operators and consumers) in the form of short,
simple and clear public information statements. 3.6. A continuous European
dialogue with stakeholders Market surveillance concerns all parties in
the supply chain, and needs the input of consumer organisations and businesses,
and especially small and medium-sized enterprises (SMEs), relating to their
problems and concerns. SMEs play a key role in shaping Europe's economy.
However, the administrative burden related to market surveillance controls is
comparatively heavier for SMEs than for major businesses. Under current EU legislation businesses
must take action if they know or ought to know that their products present a
risk. They are obliged to inform the national authorities, who use the RAPEX
system to ensure that all Member States are made aware and take appropriate
action on their territories. However, European organisations representing the
interests of consumers, SMEs and other businesses have not yet been systematically
involved in European efforts to improve market surveillance. This should
change. The proposal for the Market Surveillance
Regulation envisages an active role for European businesses and consumer
organisations in the European Market Surveillance Forum. Until then, it would
be helpful for market surveillance to involve them more closely in identifying
problems, listing categories of products that need closer attention and finding
effective solutions. Action
13: The active involvement of European organisations representing consumers,
SME and other businesses Dialogue
and cooperation with organisations representing consumers, SMEs and other businesses
is essential. They know the products and the risks that they can present to
users. The Commission will improve channels for providing feedback, input and
suggestions on market surveillance in the Union and on the implementation of
this multi-annual plan. This will help to identify new needs for market
surveillance and should address the specific concerns of consumers, SMEs and
other businesses. Market surveillance authorities could be included, and also where
appropriate, their colleagues in third countries. 4. Improving Supply Chain
Supervision Market surveillance is the responsibility
of the relevant national market surveillance authorities. However, all parties
in the supply chain, including businesses and consumers, have a role to play.
In addition, it is clear that in an EU-wide market cross-border cooperation and
coordination with stakeholders is in constant need of strengthening. 4.1. Focus on the supply chain The development of the single market, the
growing number of types of products, the increasing technical complexity of
products and the corresponding blurring of boundaries between product
categories, pushes the surveillance of the European single market for products
towards a system that is more targeted on the different businesses in the
supply chain. In addition, the actors in the supply chain change and evolve,
and their responsibilities vis-à-vis compliance
controls and the safety of their products are
often not clearly identified. Action
14: Improve product traceability The
Commission will speed up its work to improve product traceability in the supply
chain. It will evaluate the recommendations of the "Expert Group on
Product Traceability" with the objective of improving the quality and
availability of traceability information in the supply chain. Up-to-date
guidance will be provided by the Commission, after consulting Member States, taking
into account the specific needs and interests of SMEs. Action
15: Compliance scheme operated by Market Surveillance Authorities The
Commission will study the option of developing compliance schemes operated by market
surveillance authorities, and integrating them into existing trade-facilitating
schemes such as the Authorised Economic Operator. 4.2. Looking further ahead at
other categories of products Within the Union, products are
traditionally subdivided into 'consumer' or 'professional', and 'harmonised' or
'non-harmonised' categories. While the safety aspects of a wide range of
consumer and professional products are harmonised by European legislation, the
safety requirements for consumer products that are not yet harmonised will be
further strengthened by the proposal for a Consumer Products Safety Regulation.
Yet, a number of 'professional, non-harmonised products' are not subject to
European rules on safety or other essential requirements. The absence of rules
for these products complicates European market surveillance activities. Action
16: Professional non-harmonised products - Inquiry on safety issues The
Commission will start an in-depth inquiry into the safety aspects of professional,
non-harmonised products, i.e. products that are not subject to European rules
on safety or other essential requirements, and the corresponding difficulties
for market surveillance authorities. 5. More and better controls
on products entering the Union Controls of products entering the EU market
must be properly implemented, including the possibility to render inoperable or
destroy dangerous goods. Controls at borders should be organised and performed
in the same way as within the EU, since checks performed at the first point of
entry or during the declaration of goods for release for free circulation prevent
the spread of dangerous products on the EU market. The
high level of security and safety must be ensured whenever the control takes
place. The control of products manufactured in
third countries pose specific enforcement problems due to the immense quantity
and diversity of imported goods. They imply the need for a proper cooperation
between Customs and the responsible market surveillance authorities of Member
States. Customs can target risky consignments and carry out the documentary and
physical checks prior to their release for free circulation on the EU market to
identify potentially unsafe or non-compliant goods but the final decision on
the safety and compliance of goods is to be taken by market surveillance
authorities. 5.1. Implementation of the
Guidelines for import controls in the area of product safety and compliance and
further coordination and cooperation Controls of products entering the EU market
require the involvement of customs authorities, the only service that has a
complete overview of trade flows across the EU external borders. In order to
provide the necessary knowledge to the authorities and to facilitate the
implementation of Regulation (EC) No 765/2008, the Commission, together with
the Member States, issued in June 2011 'Guidelines for import controls in the
area of product safety and compliance'. The Guidelines are intended as an
instrument to assist customs in performing controls on product safety and
compliance and to improve cooperation between customs authorities and market surveillance
authorities. Actions envisaged include data collection on control results and
joint enforcement actions. Action
17: Support for implementation of the Guidelines in the Member States The
expert team from the Commission and the Member States will complete visits to all
Member States in 2015. These visits are intended to facilitate the
implementation of the Guidelines by customs and market surveillance authorities.
They will also allow customs authorities to have an overview of the market
surveillance objectives and organisation at national and EU levels, with
specific reference to the treatment of SMEs. Action
18: Improve the efficiency of border safety and compliance controls In the
context of the Commission's 'Customs 2013 Expert Working Group', continued
support will be provided for coordination, shared activities, good cooperation
and exchange of information to increase the efficiency of border safety and compliance
controls This should ensure better results with fewer resources. It will also contribute
to ensuring consistent and efficient implementation and enforcement of EU
provisions. Action
19: Mapping the differences in dealing with safety and compliance controls for
products entering the Union The organisation
and technical support for product safety and compliance controls at the points
of entry in the Union could vary, amongst others due to the differences in volumes
and types of traffic. The Commission will check and map the situation. 5.2. A common risk approach to
customs controls in the area of product safety and compliance Appropriate risk management is a
prerequisite for efficient import controls. This has been highlighted in
the Communication from the Commission on Customs Risk Management and Security
of the Supply Chain[12]
which also covers control aspects related to product safety and compliance
requirements. Customs and market surveillance authorities
will work more closely in order to develop common risk criteria and specific
risk profiles, and will identify where and how to get the information that
would enable customs to better target the consignments that pose a safety risk.
Action
20: Development of a common risk approach to customs product safety and
compliance controls The
Commission, together with the Member States, will set up a common approach for
managing risk at the point of import. 6. Conclusion and next steps As well as setting priorities for the
coming three years, the Commission is already considering steps to be taken
beyond 2015. The single market and market surveillance should be reoriented and
energised to serve the objectives of the Europe 2020 Strategy, which sets out
objectives for the next 10 years. Market surveillance contributes to the
objectives of protecting health and safety and eliminating unfair competition. By the end of 2015, the Commission will
look into the need to launch a new multi-annual market surveillance plan which
could draw inspiration and benefit from the experiences triggered by the
implementation of EU programmes for consumers and customs. The Commission will
also consult all concerned parties about the next steps to take. Citizens and businesses will not be able to
reap the full benefits of Union rules on industrial and consumer products
through the implementation of this multi-annual action plan alone. This set of
actions is just the first in a series of efforts being made to strenghten
market surveillance in the Union. But this plan is a major step in the right
direction for Union market surveillance. Consequently, the Commission: ·
calls upon the European Parliament, the Council
and the European Economic and Social Committee to support this plan; ·
will work with the Member States and
stakeholders to facilitate the swift implementation of the plan; ·
calls upon all relevant national authorities
including customs and stakeholders to ensure that this plan is implemented on
time. [1] COM(2011) 206 final [2] COM(2012) 573 final [3] OJ L 218, 3.8.2008, p. 30 [4] OJ L 11, 14.1.2002, p .4 [5] The Union financing which may be necessary for
specific actions will be granted in accordance with the provisions of
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9
July 2008 setting out the requirements for accreditation and market
surveillance relating to the marketing of products and repealing Regulation
(EEC) No 339/93 [OJ L 218 of 3.8.2008, p.30], Decision No 1926/2006/EC of the
European Parliament and of the Council of 18 December 2006 establishing a
programme of Community action in the field of consumer policy (2007-2013) [OJ L
404 of 30.12.2006, p. 39] and, possibly, the future Regulation of the European
Parliament and of the Council on a consumer programme 2014-2020, and Decision
No 624/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing
an action programme for customs in the Community (Customs 2013) [OJ L 154,
14.6.2007, p. 25] or its successor. All the actions in this plan are compatible
and coherent with existing or proposed legislation. [6] GRAS-RAPEX replaced the old IT system RAPEX-REIS and
extended the scope of RAPEX to professional products and to other risks than
health and safety. [7] Information and Communication System for Market
Surveillance (www.icsms.org) [8] As for example sector-specific data collection tools
like the Community Database on Road Accidents established by Council Decision
93/704/EEC. [9] The future of market surveillance in the area of
non-food consumer product safety under the General Product Safety Directive,
Final Report, March 2011, BSI Development Solutions, May 2011, p. 13. [10] See Article 19(1) [11] According to the public consultation (performed in
summer 2010), only half of the national authorities have specifically monitored
products sold online at a certain point of time during the last three years. A large
majority of those national market surveillance authorities which performed some
monitoring of products sold online had difficulties indicating the number of
websites checked, the number of products targeted or the number of products
sampled for further tests. [12] COM(2012)793 final