Product Safety and Market Surveillance, strengthening confidence and competitiveness in the European marketplace

Published: 27 May 2013

Policies & Issues: Internal Market - Compliance, Standards & Enforcement

Orgalime welcomes the objectives of the Product Safety and Market Surveillance Package as it strives to simplify and bring coherence to the legal framework for an improved enforcement of internal market rules. However, we invite the European Council and Parliament to adapt those features of the Package which, in our view, may undermine the objectives of simplification, coherence and proportionality, to the detriment of both European manufacturers’ competitiveness and the safety of consumers.

Product safety and enforcement of internal market legislation would be further simplified if:

  • The ‘risk’ assessment to be carried out by the market surveillance authorities includes as a first step the compliance check with applicable Union harmonisation legislation;
  • The scope of the Consumer Product Safety Regulation’s (CPSR) is clearly limited to non-harmonised consumer products;
  • The unnecessary and costly indication of origin on consumer products is removed.

Product safety and enforcement of internal market legislation would be more coherent if:

  • Obligations of economic operators were better aligned with Decision 768/2008, taking into account all possibilities of reducing administrative burden;
  • European reference laboratories were accredited their role clarified so that they do not compete with conformity assessment bodies;
  • The room for discretionary decisions by market surveillance authorities was minimised;
  • The implementing powers conferred on the Commission had a limited scope and time-span
  • The voluntary nature of standards was preserved;

Product safety and enforcement of internal market legislation would be more proportional if:

  • Sanctions and penalties were related to the severity of the infringement and the level of illegitimate revenue derived from it, instead of the size of the undertaking;
  • Economic operators were granted a cost-efficient right to redress;
  • The precautionary principle is not used at enforcement level;
  • Mandatory third-party certification is not introduced under the package.

Related Position Papers

Towards effective, efficient EU market surveillance: all for a level-playing field without additional burdens for legitimate manufacturers [6 December 2018]

For simpler compliance with and smarter enforcement of EU harmonisation legislation: Orgalime comments on the amendments of the European Parliament to the Commission proposal on Compliance and Enforcement [6 July 2018]

For simpler compliance with and smarter enforcement of EU harmonisation legislation: comments on the Commission proposal for a Regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products [5 April 2018]

Orgalime calls for improved enforcement of harmonisation legislation for safe and compliant products [21 February 2018]

Simpler and more effective market surveillance of products is urgently needed [21 September 2017]

Orgalime guidance on the manufacturer’s obligations for the combination of a machine with radio equipment [12 June 2017]

Call to preserve the EU ‘New Approach’ as one of the Single Market’s best regulatory techniques [8 March 2017]

For an efficient market surveillance of online trade: suggestions for the better handling of fulfilment centres in the enforcement of EU harmonisation legislation [13 February 2017]

Letter to European Commissioners on the Mutual Recognition Agreement between the EU and Switzerland [1 February 2017]