EU Conference on market surveillance 10-11/03/2005 Market surveillance in practice, seen from a business perspective by Annette Dragsdahl on behalf of.

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


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


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


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


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


"There is a black sheep in every flock""There is a black sheep in every flock"


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


85% of notifications from 7 countries!85% of notifications from 7 countries!

Source: LVD ADCO report 1st quarter 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'


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


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


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"


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'?


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!


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


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?



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…)



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


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"


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…


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


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)


It's the Internal Market…

Let's make it work!

Industry is ready to contribute!

Thank you for your attention!

EU Conference on market surveillance 10-11/03/2005 Market surveillance in practice, seen from a business perspective by Annette Dragsdahl on behalf of.

Documents

eu conference

market surveillance

product slide

flock slide

unice internal market

major importance slide

real life slide

safety product liability