Market Surveillance Authorities intervention actions

How the measures (corrective/repressive) are taken by the competent market surveillance authority in the

case of unsafe products – inspection procedures for control

Evert van Wilgenburg

Senior Product Safety Expert and Policy

new Food and Consumer Product Safety Authority

Netherlands

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Basis for intervention (1)

• Low Voltage Directive (2006/95/EC)

Article 2.1 ProhibitationArticle 2.2 Safety objectivesArticle 8.1 Administrative requirementsArticle 9 Notification

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Basis for intervention (2)

LVD Article 2.1

The Member States shall take all appropriate measures to ensure that electrical equipment may be placed on the market only if, having been constructed in accordance with good engineering practice in safety matters in force in the Community, it does not endanger the safety of persons, domestic animals or property when properly installed and maintained and used in applications for which it was made.

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Basis for intervention (3)

LVD Article 2.2

Intervention if the safety objectives of the LVD are not fulfilled (see Annex I, safety objectives)

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Basis for intervention (3)

LVD Article 8.1

Before being placed on the market, the electrical equipment must have affixed to it the CE marking provided for in Article 10 attesting to its conformity to the provisions of this Directive, including the conformity assessment procedure described in Annex IV. (see Annex IV, Internal Production Control)

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Basis for intervention (3)

LVD Article 9

If, for safety reasons, a Member State prohibits the placing on the market of any electrical equipment or impedes its free movement, it shall immediately inform the other Member States concerned and the Commission, indicating the grounds for its decision and stating in particular: …………………….

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Basis for intervention (4)

• National law that implements the LVD

However:• All parts of the Directive must be implemented• The competence en measures can differ between

countries

Every country has its own solutions on implementation of the Directive

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Basis for intervention (3)

• National law that implements the LVD can be:

Criminal law

Administrative law

……

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Basis for intervention (4)

• Market Surveillance Authorities can consider:

Policy

Intervention strategy

Inspection strategy

……

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Market surveillance method

• InspectionProduct testing on location Product sampling

• Testing product in laboratory

• Intervention

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Intervention characteristic (1)

• Prevention

• Corrective measures

• Punishing (repressive) measures

• Compliance assistance

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Intervention characteristic (1a)

• Prevention

Information sheets

Information on website

Seminars and stakeholder meetings

……..

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Intervention characteristic (1b)

• Corrective measures

Withdrawal of the products in the trading channels

Public warning

Recall

Seizure / taking into custody

…….

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Intervention characteristic (1c)

• Punishing (repressive) measures

Fine *

Jail **

Closing or restricting business **

…….

• * Administrative law ** Criminal law

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Intervention characteristic (1d)

• Compliance assistance

System audits

Informative instructions

……..

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Intervention characteristic (2)

• Lowest level of non-compliance:Small to very small shortcoming not directly hazard related and administrative requirements

• Highest level of non-compliance:Hazard assessment

• In between:Everything else

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Intervention characteristic (3)

• RemarksRemark – trading sometimes allowed (under conditions)

• Warnings (written)Warning – withdrawal of the products in the trading channels

• Protocol report (administrative or criminal law or …)Prohibitation – withdrawal of the products in the trading channels and payment of a fine

 

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Intervention characteristic (4)

• Influential aspectsRecidiveCircumstances aggravating or mitigating

• Notification EU (Prohibitation of trading in the EU market)

• Rapex EU (Prohibitation of trading in the EU market)

• Public warning• Recall

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Additional information• Notifications and complaints• Annual project planning• EU projects• Initiative inspections • First inspection• Follow-up inspection• Final inspection• Re-inspection

• Stimulating inspection• System inspection (high level/time consuming)

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Thank you for your attention

Evert van WilgenburgSenior Product Safety Expert and PolicyChairman LVD-AdCo 2010........................................................................Division Primex

new Food and Consumer Product Safety Authority

Westelijke Parallelweg 4 | 3331 EW | Zwijndrecht | TVEPostbus 3000 | 3330 DC | Zwijndrecht | Netherlands........................................................................ T 0031 (0)78 6112100F 0031 (0)78 6112200evert.van.wilgenburg@vwa.nl........................................................................

The AID, PD and VWA are building one new Food and Consumer Product Safety Authority.