Post on 27-Mar-2015
EU Conference on market surveillance 10-11/03/2005
Market surveillance in practice, Market surveillance in practice, seen from a business perspectiveseen from a business perspective
by by Annette Dragsdahl on behalf of UNICEAnnette Dragsdahl on behalf of UNICE
Union of Industrial and Employers’ Confederations of EuropeUnion of Industrial and Employers’ Confederations of Europe
EU Conference on market surveillance 10-11/03/2005
UNICE 38 members in 32 countries
Austria
Belgium
CyprusCzech
RepublicDenmark
Denmark
Finland
France
Germany
Germany
Greece
IcelandIceland
Ireland
Italy
Luxembourg
Malta
NorwayPoland
Portugal
Portugal
Spain
Sweden
Switzerland
SwitzerlandThe Netherlands
Turkey
Turkey
United
Kingdom
Bulgaria
Estonia
Hungary
Lithuania
Rep.
San Marino
Romania
Croatia
Slovenia
Slovakia
Observer: Latvia22
EU Conference on market surveillance 10-11/03/2005
UNICE's mission and purposeUNICE's mission and purpose
Actively promote and represent business interests in EuropeAdvocate a favourable and competitive business environment to foster sustainable economic growthInfluence EU policies to create a business-friendly environment
EU Conference on market surveillance 10-11/03/2005
Why have market surveillance?Why have market surveillance?
Enforcement of Community legislation is an obligation on Member StatesConsumers, workers and other users need safe products and safe working environmentCitizens are entitled to an equivalent level of protection, regardless of the origin of the product
EU Conference on market surveillance 10-11/03/2005
Avoid unfair competition!Avoid unfair competition!
Unfair competition has a knock-on effect on European competitiveness:
Loss of production loss of jobsLoss of brand reputation loss of confidenceIssues of health and safety product liability
EU Conference on market surveillance 10-11/03/2005
"There is a black sheep in every flock""There is a black sheep in every flock"
EU Conference on market surveillance 10-11/03/2005
Does market surveillance function?Does market surveillance function?
Statistics from RAPEX-system and LVD-area indicate different levels of surveillance from one country to the other
EU Conference on market surveillance 10-11/03/2005
85% of notifications from 7 countries!85% of notifications from 7 countries!
Source: LVD ADCO report 1st quarter 2005
EU Conference on market surveillance 10-11/03/2005
It's the Internal market, stupid!A company survey on trade barriers in the EUA company survey on trade barriers in the EU
• Carried out by UNICE Internal Market WG
• 200 companies interviewed, 2/3 of which are SMEs
• Objective: To 'go behind' the statistics and find examples from 'real life'
EU Conference on market surveillance 10-11/03/2005
Complex and burdensome legislation
Different interpretation
Non-transparent or non-existent market surveillance
Main findings of IM study linked with market surveillancelinked with market surveillance
7971 76
92
0
20
40
60
80
100
Parliament EU
2002 2010 20102002År
EU more important for the EU more important for the industryindustry
Source: Survey among member companies at the Annual Conference of Industries 2002
Major importance
EU Conference on market surveillance 10-11/03/2005
Complex and burdensome legislation
ORGALIME © 2004
EXTRACTIONOF NATURAL RESOURCES
RECYCLING& DISPOSAL
USE
BUSINESS PROCESSassembly, marketing,
distribution sale
MANUFACTURING DESIGN
< 50V.AC< 75V.DC
GPSDBattery
CompatibleCompatible
EMC
TTVV sseett
SafeSafeEMF
Recommendation
Green Green energy efficiency
labelling
GreenGreen
RoHSSafeSafe
Work prot.directivesCleanClean
technology technology
IPPC
EUPeco design of energy
using products
REACHChemicals
REACHChemicals
Green Green Packaging
SafeSafe
GPSDGreenGreen
WEEE
SafeSafe
LVD
EU Conference on market surveillance 10-11/03/2005
Third party control, instead of 'Manufacturer's declaration'?
Statistics from the US and Germany shows that this is NOT the way to go!
Doesn't (necessarily) increase the safety of products, but certainly increases costs!
Certification labels can be copied or misused!
"Non-solutions""Non-solutions"
EU Conference on market surveillance 10-11/03/2005
Statistics from the US and Germany shows that this is NOT the way to go!
Germany
USA
Source: Biegelmeier, Gottfried, Liber Amicorum - Liber Inimicis Nowak, Kurt, 81 tödliche Stromunfälle 1998, de 8/2000Data compiled by ZVEI & ORGALIME
Electrical fatal accidents in the USA (1960-1989) vs. Germany (1960-1998)
Third party control instead of Third party control instead of 'Manufacturer’s declaration'?'Manufacturer’s declaration'?
EU Conference on market surveillance 10-11/03/2005
Third party control instead of Third party control instead of 'Manufacturer’s declaration''Manufacturer’s declaration'??
Example from RAPEX (week 7): Non-compliant with LVD requirements -and non-compliant use of certification mark
Certification labels can be copied or misused!
EU Conference on market surveillance 10-11/03/2005
LVD Article 9 notifications LVD Article 9 notifications (total(total with share of with share of voluntary certification marks)voluntary certification marks)
0
50
100
150
200
250
300
350
400
450
500
2000 2001 2002 2003 2004
LVD A9 notifications, total
Share with certification mark
EU Conference on market surveillance 10-11/03/2005
Stricter requirements in technical regulation?
Remember the goals of simpler legislation and the need for European industry to be competitive!
Free riders don't conform anyway, so why make it more difficult for those who do?
"Non-solutions""Non-solutions"
EU Conference on market surveillance 10-11/03/2005
Let Notified Bodies take over?
… Notified Bodies should be excluded from the responsibility of market surveillance activities. This is to avoid conflicts of interest and to guarantee the impartiality of market surveillance operations…
(Quotation from the Blue Guide…)
"Non-solutions""Non-solutions"
EU Conference on market surveillance 10-11/03/2005
Member States to allocate sufficient, competent resourcesEquivalent level throughout the Internal MarketClear and consistent approach for notifications"Shoot where the ducks are"Cooperation - between national authorities (e.g. labour inspectorates and customs)Cooperation - across borders
Industry's vision on market surveillanceIndustry's vision on market surveillance
EU Conference on market surveillance 10-11/03/2005
Concentrate on areas where statistics show that problems are found
(For example: 58% of LVD art. 9 notifications cover luminaires - tools and similar 12% - kitchen appliances 7%...)
"Shoot where the ducks are""Shoot where the ducks are"
EU Conference on market surveillance 10-11/03/2005
27%36%
49%6%
24%
2% 2%3%
CHINA ASIA JAPAN USA OTHERS UNKNOWN EU
27%36%
49%6%
24%
2% 2%3%
CHINA ASIA JAPAN USA OTHERS UNKNOWN EU
RAPEX 2004 Notifications of unsafe products by origin:RAPEX 2004 Notifications of unsafe products by origin:Half of them are not manufactured in the EUHalf of them are not manufactured in the EU
RAPEX 2004 Notifications of unsafe products by origin:RAPEX 2004 Notifications of unsafe products by origin:Half of them are not manufactured in the EUHalf of them are not manufactured in the EU
EUEU
ForeignForeignoriginorigin
Source: European Commission, DG SANCO, B3 – data compiled by ORGALIME http://europa.eu.int/comm/consumers/reports/report_rapex_04_en.pdf
ChinaChina
Shoot where the ducks are… Shoot where the ducks are…
EU Conference on market surveillance 10-11/03/2005
Member States to allocate sufficient, competent resourcesEquivalent level throughout the Internal MarketClear and consistent approach for notifications"Shoot where the ducks are"Cooperation - between national authorities (e.g. labour inspectorates and customs)Cooperation - across borders
Industry's vision on market surveillanceIndustry's vision on market surveillance
EU Conference on market surveillance 10-11/03/2005
Respect the principle of proportionalityUse efficient tools (information channels, appropriate test facilities, high qualified staff)Take active part in standardisation activitiesEnsure high level of information to the market place and the economic operators
But above all: Ensure simple and 'easy to understand' legislation!
Industry's vision (continued)Industry's vision (continued)
EU Conference on market surveillance 10-11/03/2005
It's the Internal Market…
Let's make it work!
Industry is ready to contribute!
Thank you for your attention!