Transcript ENFORCEMENT OF THE EU DIRECTIVES ON INDUSTRIAL PRODUCTS IN THE FIELD OF MARKET SURVEILLANCE THE ADOPTION OF THE AQUIS COMMUNAUTAIRE The European directives regulating the above mentioned domains.

ENFORCEMENT OF THE
EU DIRECTIVES ON
INDUSTRIAL
PRODUCTS IN THE
FIELD OF MARKET
SURVEILLANCE
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THE ADOPTION OF THE AQUIS
COMMUNAUTAIRE
The European directives regulating the above mentioned
domains were transposed in to the national legislation
through Government Decisions
 Among the 27 above mentioned fields, the Labour
Inspection is a market surveillance body for the
following kind of products:
1. Low voltage equipments-Directive 73/23/CEE
2. Personal protective equipment -Directive 89/686/CEE
3. Machinery- Directive 89/37/CE
4. Equipments and protective systems used in potentially
explosive atmospheres - Directive 94/9/CE
5. Noise emissions produced by equipments used outside
buildings-Directive 2000/14/CE
6. Explosives for civil uses -Directive 93/15/CE
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The Labour Inspection
The Labour Inspection has been set up under the
Law no.108/1999 on Labour Inspection and the
Government Decision no.767/1999
The Labour Inspection is a special body of the
central public administration, subordinated to the
Ministry of Labour , Social Solidarity and Family
The Labour Inspection has as subordinated bodies
42 Territorial Labour Inspectorates established in
every county and in Bucharest
The Labour Inspection enforces the legal
provisions in two main domains: health and safety
at work and labour relations
The Labour Inspection is led by a General
Inspector of State and two deputy general inspectors
of state
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Functions of the Labour Inspection in the field
of occupational safety and health
Controls the application of the legal provisions on the
certification of the products, machines, tools and protective
equipments in terms of safety at work,
Performs or requires tests or measuring, investigates samples
of materials or products from enterprises in order to prevent
hazardous situations
Takes measures requiring immediate stop or cessation of any
working activity in case labour inspectors identify an imminent
danger to the health or safety of the workers or of any other
persons
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The Labour Inspectors are empowered
To enter freely and without previous notice at any hour of
the day or night any workplace liable to inspection
To require the employer the production of any books, or
documents needed in order to achieve the control or the
investigation regarding the accidents at work
To obtain proofs, carry out investigations or examinations,
to require necessary documentation, to take for the purpose
of analysis samples or substances used in the working
process
To require that the identified violations to infringements of
the legal provisions in the field shall be solved immediately
or within a specified time limit and to require the
modification of the installation or the technological process
used if do not ensure safety at work
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The Labour Inspection structure in the field of
market surveillance
At Central level: 2 labour inspectors coordinated by the
Directorate control Health and Safety at Work and by the Deputy
General Inspector of State
At territorial level: 2 labour inspectors for each of the 42
territorial labour inspectorates.
All labour inspectors in the country identify the non-compliant
products during regular inspections at the workplaces and bring
results to the market surveillance labour inspectors.
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Strengthening the administrative capacity of
the Labour Inspection for the enforcement of
the EU directives
Starting with the second quarter of the year 2003, when the first
Directive(Low voltage) was transposed into the Romanian
legislation, the main concern of the Labour Inspection was to train
the labour inspectors on the enforcement of the legal provisions
regarding free movement of goods and market surveillance.
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Strengthening the administrative capacity of
the Labour Inspection for the enforcement of
the EU directives
3 regional seminars with the participation of 90 labour
inspectors from all the Romanian counties were organized in
2003. Debates were on the following topics:
 The European Guideliness for a New and Global
Approach
The 6 EU directives in the field of competence of the
Labour Inspection
General and specific procedures laid out by the Labour
Inspection for the market surveillance.
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Strengthening the administrative capacity of
the Labour Inspection for the enforcement of
the EU directives
Other regional seminars were organized with the
participation of the labour inspectors having attributions in
the field of market surveillance were organized in 2004. The
following materials were presented:
 EU Guideliness on the application of each Directive
The Romanian legal provisions(Government Decisions)
transposing chapter 8 of the New Approach Guideliness
regarding the market surveillance
The European Standards applicable for the European
directives
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Strengthening the administrative capacity of
the Labour Inspection for the enforcement of
the EU directives
The main issues and the inspection methods in the field of
the market surveillance are shared and disseminated to all
labour inspectors within the professional training
programmes carried on at national level , as a follow up to
the twinning project “ Strengthening the institutional capacity
of the Labour Inspection” developed in the period of time
2000 –2002 between the Romanian Labour Inspection and
the Authority for the Working Environment from Sweden
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Strengthening the administrative capacity of
the Labour Inspection for the enforcement of
the EU directives
The professional training of the labour inspectors continued
in 2005, with 3 regional seminars, where the information
acknowledged by a group of 10 labour inspectors within the
exchange of experience in the field of the market surveillance
with German experts was disseminated
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Strengthening the administrative capacity of
the Labour Inspection for the enforcement of
the EU directives
The professional training of the labour inspectors in the field
of market surveillance was carried out within other EU
technical assistance programmes such as:
The bilateral cooperation programme Romania-Belgium,
developped by the Ministry of Labour , Social Solidarity and
Family from Romania and the Ministry of Labour from the
Kingdom of Belgium, resulted in training at European
standards for a group of labour inspectors
The GTZ programme, financed by the German
Government on economic promotion and employment in
Romania, concluded to the qualification , at high standards of
10 trainers in the field of Low voltage equipments , who will
share the experience with other labour inspectors
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Strengthening the administrative capacity of
the Labour Inspection for the enforcement of
the EU directives
At the same time, Romanian labour inspectors participated
within the TAIEX programme(Technical Assistance and
Exchange Information Office), periodically organized in
Romania in the field of free movement of goods.
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Dissemination of information for producers,
importers and dealers/distributors
• The flow of information provided periodically by the
Labour Inspection to producers, authorized representatives,
importers, dealers distributors and consumers, on
legislative issues has an important role within the market
surveillance activity , in order to achieve a trade with safe
products, avoiding accidents at work and occupational
diseases
• The meetings are organized by the territorial labour
inspectorates.
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Other domestic and international cooperation
actions
• In order to avoid the competence overlaps and to increase
the efficiency of the controls, the Labour Inspection signed
2 cooperation agreements: one with the National Authority
for Consumers Protection in the field of low voltage
electrical equipments the other and with the State
Inspection for the control of Boilers, Vessels under
Pressure and Lifting Outfits , now on going, in order to
perform common inspections for the products which are
regulated by the directives Machinery and Vessels under
pressure.
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Other domestic and international cooperation
actions
• In 2003, the European Union Peer Review mission in the
field of market surveillance took place in Romania. The
Labour Inspection capacity both at central and local level,
through EU experts inspections was assessed .
• The conclusions were positive for the Labour Inspection
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The Labour Inspection informational system
in the field of market surveillance
• In order to achieve an effective quick control of the
products at national level, the Labour Inspection
designed and is using a database.
• The database is available on the Internet for all labour
inspectors in order to display the products recorded.
• For the registration of the products, the database is
accessible only for the labour inspectors with clearly
defined attributions in the field of market surveillance.
• An on-line forum on case studies and specific situations
is accessible too.
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The Labour Inspection informational system
in the field of market surveillance
• The application allows fast drafting of the reports required by
Romanian institutions(the Government, the Ministry of Economy
and trade, Ministry of Labour, Social Solidarity and Family), as
well as European institution
• this way, we have any time a clear picture of:
 compliant and non-compliant products, in general or for each
directive or producer;
 Number of the products controlled in a defined period of time;
 Number of restricted products for the whole country or for each
county.
 The value of the fines, globally or separately for each directive.
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Control activity results
• The controls within the New Approach of the market surveillance
activity started in June 2003 and were carried out within a
national campaign for products regulated by the Low Voltage
Directive.
• The Campaign has continued in 2004 and 2005 and has been
extended also for the products regulated by the Directives
Machinery, Personal Protective Equipment, equipments and
protection systems used in potentially explosive atmospheres, and
noise emissions.
• After the enforcement of the legal act regulating the placing on
market of the civil use explosives( October 2005) , controls have
been extended for this kind of products, too.
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Control activity results
• About 280 producers, importers and distributors were controlled
in 2003. 35% of the 950 products were identified as nonconform.
• During 2004, 430 producers, importers and distributors, meaning
3900 products were inspected. The percentage for non-conform
products was 20%
• During the first 4 months of the year 2005, 125 producers,
importers and distributors have been inspected, cumulating 1050
products. The percentage for non conform products was 17%.
• The tendency of decreasing the percentage for non conform
products is due to the fact that the awareness in respect to the
New Approach legislation, has increased, and this is the outcome
of a better dissemination and inspection activity
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Control activity results
•
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


The main non conformities identified during the controls are
absence or incorrect issuing of the conformity declaration
Incorrect assessment procedure
absence of a technical file
essential health and safety requirements not fulfilled
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Number of inspections between
2003 and 2006
600
500
400
2003
2004
2005
2006
300
200
100
0
Inspections
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Products inspected between 2003
and 2006
5000
4500
4000
3500
3000
2500
2000
1500
1000
500
0
2003
2004
2005
2006
Products
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Number of conform products
between 2003 and 2006
4000
3500
3000
2500
2003
2004
2005
2006
2000
1500
1000
500
0
conform
products
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Number of nonconform products
between 2003 and 2006
1200
1000
800
2003
2004
2005
2006
600
400
200
0
non
conform
products
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Amount conform
(63%)/nonconform(37%)
products in 2003
600
500
400
300
200
100
0
conform
nonconform
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Amount of
conform(82%)/nonconform(18%)
products in 2004
2000
1800
1600
1400
1200
1000
800
600
400
200
0
conform
nonconform
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Amount of
conform(77%)/nonconform
(23%)products in 2005
4000
3500
3000
2500
2000
1500
1000
500
0
conform
nonconform
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Products inspected depending on
directives in 2005
2500
2000
Low voltage
Machinery
PPE
ATEX
Noise
Explosives
3-D Column 7
1500
1000
500
0
Products
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Amount of
conform(92%)/nonconform(8%)
products in 2006
1200
1000
800
600
400
200
0
conform
nonconform
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Control activity results
• The main measures imposed by the labour inspectors during the
controls , are:
 Measures for enforcement the conformity
 Warnings
 Temporary interdiction for placing the products on the market
 Contravention fines
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Perspectives and objectives
 Until 01.01.2007(estimated time for Romania accession
to the European Union) the producers, importers and
distributors must be prepared for the exclusive
application of the CE marking and the withdrawal of
the national marking CS.
 The implementation of the European network
informational system ICSMS in Labour Inspection
activity.
 The extension of the cooperation protocols with other
institutions(for example the Customs) , for avoiding and
restricting of the non-conform products at the border.
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Perspectives and objectives
The creation on of a network of accredited testing laboratories for
the non conform products.
The endowment of the labour inspectors with testing and control
devices .
The Continuation of the national programme for the training of
the labour inspectors in the field of market surveillance.
Continuing the national campaign for the implementation of EU
Directives in the field of market surveillance by focussing on target
groups of products.
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