Simpler and more effective market surveillance of products is urgently needed

Effective market surveillance is vital for the smooth operation of the Single Market – and, as a result, for the competitiveness of European manufacturing. This is why Orgalime has repeatedly called for the establishment of an enforcement framework at European level that is supported by Member States and facilitates compliance through education and guidance. The goal must be to minimise burdens on legitimate economic operators, while tightening control on the elusive few who try to cheat the system.

As the European Commission prepares its proposal on the enforcement of Union harmonisation legislation applying to products, Orgalime is now calling on the Commission to urgently put forward an ambitious text on market surveillance. On the one hand, the proposal should make it easier for economic operators to demonstrate that their products are compliant with the law; on the other hand, it should strengthen the means of deterring rogue operators who ignore the rules and unfairly distort market competition.

The current paper draws on previous Orgalime positions on market surveillance, addressing a range of issues such as the scope of the legislation or definitions to be included. Moreover, it includes a tentative proposal for an EU market surveillance framework that would allow national market surveillance authorities to act swiftly, efficiently and effectively to deter rogue economic operators.

Within this framework, we believe it is important to consider both the organisation of the control of products within the European Union and the control of products entering the EU, the exchange of information, and coordination and cooperation among national authorities. We make also suggestions on how to best use the available financing and on how penalties should be imposed.

Download the paper to read our position in full.