Transcript Slovak Trade Inspection Implementation of the NLF in the field of market surveillance Slovak experience 9th MARS Group meeting 13 – 15 September 2011, Bratislava.

Slovak Trade Inspection
Implementation of the NLF
in the field of market surveillance
Slovak experience
9th MARS Group meeting
13 – 15 September 2011, Bratislava
Scope of presentation
• Competencies of Slovak Trade Inspection
• Planning of controls
• Art. 27 – 29 of Regulation No 765/2008 (controls of
products entering the EU market)
• Art. 19 - 21 of Regulation No 765/2008 (controls of
products entering the national market)
• Art. 22 of Regulation No 765/2008 (exchange of
information – RAPEX system
• Art. 18 of Regulation No 765/2008 (obligations of the
Member States as regards the MS authorities)
• How to improve our work
Competencies
of 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
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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 HomeDelivery 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
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
Controls of products entering the
EU market (Art. 27 – 29 of Reg.)
• Notifications of customs authorities if there is:
- suspicion the product may pose risk
- no documentation or labeling complying with EU
harmonization legislation
- no CE marking or it has been affixed to the product
in a false or misleading manner
• and they also notify STI on all imports that are
identified as potentially risky – at present e.g.
lighters and electrical Christmas lights
Controls of products entering the
national market (Art. 19 – 21 of Reg.)
• STI checks the compliance of products of the harmonized area
with relevant legislation and samples products to verify their
safety and conformity
(testing costs are paid to the notified body at all times, they are selected in a tender
+ samples are normally paid for as well but if there is a finding our total costs are
collected from responsible subject)
• STI notifies the entrepreneur operating in the EU of
shortcomings found, requests their remedy or imposes
restrictive measures if they are not
(STI always gives preference to voluntary measures taken by the subject
itself)
Exchange of information – RAPEX
system (Art. 22 of Reg.)
Practical experience:
• risky products from third countries or of unknown origin take
a long time to examine (without the identification of the
producer/importer)
• high efficiency of sampling despite a decrease in the number
of samples taken and long-term problem with a high
percentage of dangerous products from third countries or
unknown origin
• less intense administrative cooperation – little feedback from
our counterparts
(STI notifies a relevant MS body of products imported to Slovakia from another member state
in order to facilitate prompt protection of the market even before notifying them to RAPEX; it
also offers to provide documentation proving the risk the products pose)
Obligations of MS authorities (Art.
18 of Reg.)
• follow up complaints (STI: approx. 7000 to 8000 / p.a.)
• monitor accidents and harm to health which are suspected to
have been caused by the products (ECHO system launched by
STI + consumers can report such products to a special phone
number at the price of a local call from all over Slovakia)
• establish, implement and update market surveillance
programmes (STI has established general and sector specific)
- clear goal is targeted protection of national markets and the
common EU market
- if programmes are to be justified, they should be useful for
other member states
Information and education via
media, Internet, annual reports...
On web site www.soi.sk are available
• market surveillance programmes
• overview of the dangerous products which were
found on our market
• overview of all notifications on the internal market
• important warnings sent by manufacturers in case
they launched a product which might pose a risk to
consumers
How to improve our work
• to enhance the cooperation between market surveillance bodies
of individual member states
• to devise an efficient manner of evaluation of programmes of
member states + possible coordination with ADCO groups
• to raise the awareness of entrepreneurs of their rights and
obligations arising from the Regulation No 765/2008
• 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 unify sampling procedures in terms of payment for samples
Thank you
For further information, please contact:
Nadezda Machutova
General Director
Slovak Trade Inspection
Prievozská 32
827 99 Bratislava 27
Slovak Republic
Tel: +421 2 58272103; Fax: +421 2 5341 4996
Web-site: www.soi.sk
e-mail: [email protected]