Slovak Trade Inspection

Traceability of products and cooperation with other competent

authorities

Slovak experience

10th MARS Group meeting12 – 14 September 2012, Bratislava

Overview

• Responsibilities of Slovak Trade Inspection• Market Surveillance, planning of inspections• Traceability = necessity• Producer's obligations• Consequences of insufficient identification of the

product • Specific features of the Slovak national market• Co-operation with customs authorities• What's next?

Responsibilitiesof Slovak Trade Inspection

• Act on State Control of Internal Market in the Consumer Protection Matters (the sphere of authority of STI, the rights and duties of the inspectors, the rights and duties of the inspected persons, powers - protective measures and fines)

• Act on Technical Requirements for Products and On Conformity Assessment Procedures (the system of government ordinances – transposition of the New Approach Directives)

• Act on Consumer Protection (transposition of the General Product Safety Directive in the form

of Governmental Ordinance to the Act )

New Approach Directives

• Machinery Directive• Low Voltage Directive• Electromagnetic compatibility• Toy Safety Directive• Pressure Equipment Directive• Personal Protective Equipment Directive• Recreational Craft• Radio equipment and telecommunications terminal equipment• Appliances Burning Gaseous Fuels• Refrigeration appliances• Noise Emission• Construction products

Other Acts regarding protection of consumer’s economic interests ... Acts on • Prices• Protection of Non-smokers• Conditions for the Marketing of Products and the Provision of

Services in Market Places• Consumer Protection at Door-to-Door Sale and Home-

Delivery Sale • Emergency Reserves of Oil and Oil Products and on

Resolution of Oil Crisis• Advertising• Financial services• Consumer Credit

Other Acts regarding protection of consumer’s economic interests ...

• Conducted Tours, Conditions for the Enterprise of Travel Offices and Agencies

• E-commerce• Waste• Packing• Building Products• Chemical Substances and Preparation• Conditions for the Launch of Biocide Products onto the

Market• Protection of some TV and Radio broadcasting services• Passenger rights in air transport

Market Surveillance

• part of the enforcement of law• protection of consumers• ensure a level playing field for all competitors• different possibilities for cooperation between MS

and private sector• essential for competitive market economy• improve conditions to attract foreign direct

investments• essential for a well functioning trading system

Planning of controls based on

• complaints of consumers and economic operators • announcements of other administration bodies (especially customs authorities !!!) • new legal norms • experience from previous controls• experience from appeal procedures • follow-up of the measures • notifications from RAPEX system• risk assessment• Echo system

Traceability = necessity

because it enables• quick protection of consumers by MS authorities –

targeted inspections• MS authority to inform responsible subject of

revealed shortcomings• the subject to take appropriate measures for its

remedy + measures to protect the market through the distribution chain

• the subject to remedy the shortcoming in the production

Producer's obligations

• Assessment during the design and production stage – products must fulfill essential requirements and must be tested

• After placing on the market - to carry out sample testing of marketed products, - to keep a register of complaints of non-conforming products and product recalls, - to keep distributors informed of any such monitoring - to carry out corrective measures - to inform competent authorities

• To declare their responsibility by labeling the product with their name

• Traceability of product = a sign of the producer’s responsible behavior

When is traceability essential

In the case of:

• dangerous products (properties or lack of safety warning)

• non-conforming products (not compliant with NAD requirements - e.g. EMC)

• products not compliant with other EU harmonization legislation (e.g. material composition , noise, ….)

Consequences of insufficient identification of the product

• reduced protection of consumers from dangerous or non-complained products

• impossible to inform the producer of shortcomings and impose sanctions

• the protective measures are taken by MSA not by the responsible subject

• customs authorities have no chance to detect and not to release such a product onto the market

• impossible to identify dangerous product from RAPEX system

• possibility of repeated sampling of dangerous products from RAPEX system

Specific features of the Slovak national market

a low number of producers, therefore

• the STI mostly checks only products distributed from other member states

• the STI checks the products in cooperation with CA on the border before their entry to the common market

The STI experience with dangerous products without identificationDangerous products imported from third countries +

unknown origin• 2011 - 18% with the producer marked - 20% with the importer marked• 2012 - 0% with the producer marked - 9% with the importer markedInvestigation discontinued in business premises• 2011 - 14% business premises• 2012 - 30% business premisesLong term finding: products from third countries + unknown

origin account for 85% of the total number of dangerous products

Co-operation with

• other relevant market surveillance bodieswithin national and common market

• customs authorities• university and forensic experts• notified and authorized bodies• consumer associations• police authorities• trade offices

Co-operation with customs authorities

According to the Regulation No 765/2008 [controls of products entering the EU market: Art. 27 – 29] the STI issued

• in 2011 - 29 binding opinions not to release the product into the free circulation

[7 dangerous products + 22 non-conformed products]

• in 2012 – 29 binding opinions not to release the product into the free circulation

[1 dangerous product + 28 non-conformed products]

• toy inspection = an example of efficient surveillance107 kinds of toys have not been released in 2012 [for missing identification

details]

What's next?

• to accelerate the reviews of New Approach directives incorporating the duty to mark products according to the Decision No 768/2008 to facilitate their traceability

• to adopt an equal strategy throughout the whole common market as regards inspections + sampling +testing [including fees] like a prevention against favoring imports across the borders that pose “less challenge” for importers

• to increase the number of MS staff on the borders = the most efficient protection of EU market

• to support the introduction of the same methodology according to the CUSTOMS project [26 risky product groups will have the same inspection procedure]

What's next?

• to accelerate the launch of ICSMS system in all member states• to consider the launch of the database of border customs

checks for all member states [or to take advantage of existing ICSMS system]

• to support the activity of ADCO groups – means to support projects for relevant kinds of goods aimed at identifying the whole distribution chain

• to establish reference laboratories that will issue the final decision if 2 notified bodies have come to different conclusions

• to raise the awareness of entrepreneurs of their rights and obligations arising from the Regulation No 765/2008

Thank you

For further information, please contact:Nadezda Machutova

General DirectorSlovak Trade Inspection

Prievozská 32827 99 Bratislava 27

Slovak Republic 

Tel: +421 2 58272103; Fax: +421 2 5341 4996Web-site: www.soi.sk

e-mail: nada.machutova@soi.sk