european commission enterprise and industry market surveillance and automotive type-approval...

European CommissionEnterprise and Industry

Market surveillance and automotive type-approval legislation - 28/06/2012 | 1

WP.29 Enforcement Working Group kick-off meeting

28 June 2012


Introduction of common market surveillance provisions

in the EU type-approval legislation for automotive products

EFWG-01-05



Main objectives

Reinforce national market surveillance in Member States

Ensure a more coherent level of intervention and controls on automotive products on the market throughout EU

Ensuring coordinated action against non-compliant products and products presenting a serious risk = ensuring level playing field for economic operators

Protect fair economic operators against unfair competition from operators ignoring or by-passing the rules of the game

Protect safety and environment

Increase confidence in EU type-approval legislation

Market surveillance: objectives



• New Legislative Framework (NLF)

• 2 complementary legal instruments:

• Regulation 765/2008/EC - requirements for accreditation and market surveillance relating to the marketing of products;

• Decision 768/2008/EC - a common framework for the marketing of products

• Horizontal framework for Community harmonisation legislation = legislation fixing conditions for the marketing of products

• Objective: Improve the functioning of the internal market in practice

Market surveillance: legal basis



NLF – 2 complementary instruments:

REGULATION 765/2008/EC• Accreditation

• Market surveillance EU internal imported products

• General principles [not directly relevant for automotive approval legislation]

• Financing

• Directly applicable (from 1 January 2010)

DECISION 768/2008/EC• common elements of product

legislation (obligations of economic operators, definitions, etc)

• toolbox for future legislationor amending existing legislation

• no immediate effects for individuals or Member States if not included in sector specific legislation

• relevant tools incorporated in proposal for type-approval legislation




• Member States and Commission services must apply Regulation 765/2008 in addition to type-approval legislation (as from 1/1/2010)

• Applies to all internal market legislation fixing conditions for the placing on the market of products (i.e. including type-approval legislation)

• Additional obligations for national authorities when implementing sector specific Internal Market legislation

• Consequences for cooperation with Commission, administration of safeguard clauses and recall procedures

How does Regulation 765/2008 affect automotive type-approval legislation?




New obligations arising from Regulation 765/2008/EC

• MS have to inform other MS and Commission on competent authorities and market surveillance programmes (general or sectoral)

• !! MS have to take measures against non compliant products and products presenting a serious risk (Article 16.2 and 20)

• !! MS have to inform Commission and other MS on measures taken against non-compliant products and products presenting a serious risk (Art 22 and 23)

• !! Cooperation: MS to participate in European co-operation activities (Art 24.1) and provide mutual assistance (Art 24.2)




Regulation 765/2008/EC: MS obligations on restrictive measures

• Non-compliant product or product entailing serious risk found

• Take restrictive action

• withdrawal, recall, prohibition of marketing or other restrictive measure

• Inform Commission and other MS

• Serious-risk cases: RAPEX

• other cases: Art 23

• Safeguard clause?

RAPid information EXchange for serious cases(= products presenting a serious risk)




• is the EU rapid alert system for all products presenting a serious risk

• allows for the rapid exchange of information between Member States via national contact points and the Commission of measures taken to prevent or restrict the marketing or use of products posing a serious risk (http://ec.europa.eu/consumers/safety/rapex/contact_points.pdf )

• the Commission publishes a weekly overview of the dangerous products reported by the national authorities (the RAPEX notifications), giving all information on the product, the possible danger and the measures that were taken by the reporting country. (http://ec.europa.eu/consumers/dyna/rapex/rapex_archives_en.cfm )

• to give a better view on the overall level of enforcement, including the follow-up activities of the national market surveillance authorities, the RAPEX website provides also the names of the Member States that have found the notified product on their market and have taken appropriate measures (and have submitted a reaction to a RAPEX notification as a consequence)

RAPEX



RAPEX: How it works



RAPEX

The five most frequently notified product categories in 2010



RAPEX

0

50

100

150

200

250

2004 2005 2006 2007 2008 2009 2010

RAPEX notifications for motor vehicles: rising trend



RAPEX

Reactions by notified product (2010):



More information?

http://ec.europa.eu/consumers/safety/rapex/index_en.htm

RAPEX:

Market surveillance:

http://ec.europa.eu/enterprise/policies/single-market-goods/regulatory-policies-common-rules-for-products/new-legislative-framework/index_en.htm

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0030:0047:EN:PDF

Regulation (EC) No 765/2008:

EU Commission Automotive Industry Unit:

http://ec.europa.eu/enterprise/sectors/automotive/index_en.htm

european commission enterprise and industry market surveillance and automotive type-approval...

Documents

market of products

industry market surveillance

national market surveillance

practice market surveillance

existing legislation

future legislation

european commission

automotive products