Market surveillance under the General Product Safety Directive (GPSD) Erik Hansson European Commission DG Health and Consumer Protection.
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Market surveillance under the General Product Safety Directive (GPSD) Erik Hansson European Commission DG Health and Consumer Protection The General Product Safety Directive (GPSD) Applies to consumer products Waives for requirements on same aspects in specific legislation Business-obligations Produce and sell only safe products Monitor and follow up safety – trace, take actions and notify Co-operate with authorities Member-States obligations Control: market surveillance and enforcement Reporting Co-operation European Commission obligations Monitor Support Recognise standards Rapid EU decisions Ensuring the safety of consumer products Pre-market (preventive) Conformity assessment requirements for many products falling under sectoral legislation Post-market (reparative) Monitoring and safety management requirements in GPSD Organisation of Market Surveillance in Member States Geographical National Regional Local Type of product The essential market surveillance requirements of the GPSD Somebody to do the job Defined tasks and organisation Investigation powers Encourage voluntary actions Powers to require corrective actions Sanctions The Essential operational requirements of the GPSD Surveillance programmes Cooperation arrangements Scientific and technical knowledge Complaints and notification procedures Evaluation and review Transparency Citizens right to know Except Professional secrecy Investigation secrets Commission support Networking Information exchange Tracing and recall Exchange of expertise and best practices Commission support Joint surveillance projects Specific products Communication systems (ICSMS) Injury data registration Best practice in market surveillance (PROSAFE) Commission control Continuos Information exchange, RAPEX, complaints, etc. Regular Commission reports In depth assessment Rapid Alerts (RAPEX) Notifications from Member States on measures ordered by authorities or voluntary measures by business concerning consumer products causing a serious risk Excludes: foodstuffs, pharmaceuticals, medical devices. Link: Overviews of RAPEX notifications: http://ec.europa.eu/comm/dgs/health_consumer/dyna/rapex/ra pex_archives.cfm Authority A Authority B Contact points in Member States Authority D Authority C DG A DG C DG Health and Consumer Protection DG B DG D RAPEX notifications 2002 - 2005 900 847 800 701 700 600 500 468 400 Art . 11+12+ INFO Art . 12 388 300 200 100 168 84 139 67 0 2001 2002 2003 2004 2005 Categories of products notified under Article 12 (1st January - 31th August 2006) Toys 23% Lighting equipments 8% Motor vehicles 14% Electric appliances 21% Products notified under Article 12 by nature of the risk (1st January - 31th August 2006) Chemical 8% Injury 25% Choking/ Suffocation 16% Fire risk/burns 18% Electric shock 23% Measures adopted for Article 12 notifications (1st January - 31th August 2006) 180 160 154 164 138 140 120 101 100 obligatory 80 voluntary 60 31 40 20 0 5 3 0 Withdrawal from market Recall of product Ban on sale Public warning Origin of the products notified under Article 12 (1st January - 31th August 2006) Unknow n 14% EU 25 & EFTA/EEA countries 23% China (Incl. Hong Kong) 50% International co-operation USA – CPSC China - AQSIQ ICPSC International standardisation – ISO/COPOLCO Guidance documents: Borderline to sectoral directives Business notification duty RAPEX operation Recall guideline http://ec.europa.eu/comm/consumers/ • Consumer safety: • Products and services