1. Market Surveillance Authorities intervention actions How the measures (corrective/repressive) are taken by the competent market surveillance authority in the case of unsafe products – inspection procedures for control

2. Evert van Wilgenburg Senior Product Safety Expert and Policy new Food and Consumer Product Safety Authority Netherlands

3. 3 22-10-2010 Intervention actions - LVD Basis for intervention (1) Low Voltage Directive (2006/95/EC) Article 2.1Prohibitation Article 2.2Safety objectives Article 8.1Administrative requirements Article 9Notification

4. 4 22-10-2010 Intervention actions - LVD Basis for intervention (2) LVD Article 2.1 The Member States shall take all appropriate measures to ensure that electrical equipment may be placed on the market only if, having been constructed in accordance with good engineering practice in safety matters in force in the Community, it does not endanger the safety of persons, domestic animals or property when properly installed and maintained and used in applications for which it was made.

5. 5 22-10-2010 Intervention actions - LVD Basis for intervention (3) LVD Article 2.2 Intervention if the safety objectives of the LVD are not fulfilled (see Annex I, safety objectives)

6. 6 22-10-2010 Intervention actions - LVD Basis for intervention (3) LVD Article 8.1 Before being placed on the market, the electrical equipment must have affixed to it the CE marking provided for in Article 10 attesting to its conformity to the provisions of this Directive, including the conformity assessment procedure described in Annex IV. (see Annex IV, Internal Production Control)

7. 7 22-10-2010 Intervention actions - LVD Basis for intervention (3) LVD Article 9 If, for safety reasons, a Member State prohibits the placing on the market of any electrical equipment or impedes its free movement, it shall immediately inform the other Member States concerned and the Commission, indicating the grounds for its decision and stating in particular: …………………….

8. 8 22-10-2010 Intervention actions - LVD Basis for intervention (4) National law that implements the LVD However: All parts of the Directive must be implemented The competence en measures can differ between countries Every country has its own solutions on implementation of the Directive

9. 9 22-10-2010 Intervention actions - LVD Basis for intervention (3) National law that implements the LVD can be: Criminal law Administrative law ……

10. 10 22-10-2010 Intervention actions - LVD Basis for intervention (4) Market Surveillance Authorities can consider: Policy Intervention strategy Inspection strategy ……

11. 11 22-10-2010 Intervention actions - LVD Market surveillance method Inspection Product testing on location Product sampling Testing product in laboratory Intervention

12. 12 22-10-2010 Intervention actions - LVD Intervention characteristic (1) Prevention Corrective measures Punishing (repressive) measures Compliance assistance

13. 13 22-10-2010 Intervention actions - LVD Intervention characteristic (1a) Prevention Information sheets Information on website Seminars and stakeholder meetings ……..

14. 14 22-10-2010 Intervention actions - LVD Intervention characteristic (1b) Corrective measures Withdrawal of the products in the trading channels Public warning Recall Seizure / taking into custody …….

15. 15 22-10-2010 Intervention actions - LVD Intervention characteristic (1c) Punishing (repressive) measures Fine * Jail ** Closing or restricting business ** ……. * Administrative law ** Criminal law

16. 16 22-10-2010 Intervention actions - LVD Intervention characteristic (1d) Compliance assistance System audits Informative instructions ……..

17. 17 22-10-2010 Intervention actions - LVD Intervention characteristic (2) Lowest level of non-compliance: Small to very small shortcoming not directly hazard related and administrative requirements Highest level of non-compliance: Hazard assessment In between: Everything else

18. 18 22-10-2010 Intervention actions - LVD Intervention characteristic (3) Remarks Remark – trading sometimes allowed (under conditions) Warnings (written) Warning – withdrawal of the products in the trading channels Protocol report (administrative or criminal law or …) Prohibitation – withdrawal of the products in the trading channels and payment of a fine

19. 19 22-10-2010 Intervention actions - LVD Intervention characteristic (4) Influential aspects Recidive Circumstances aggravating or mitigating Notification EU (Prohibitation of trading in the EU market) Rapex EU(Prohibitation of trading in the EU market) Public warning Recall

20. 20 22-10-2010 Intervention actions - LVD Additional information Notifications and complaints Annual project planning EU projects Initiative inspections First inspection Follow-up inspection Final inspection Re-inspection Stimulating inspection System inspection (high level/time consuming)

21. 21 22-10-2010 Intervention actions - LVD Thank you for your attention Evert van Wilgenburg Senior Product Safety Expert and Policy Chairman LVD-AdCo 2010........................................................................ Division Primex new Food and Consumer Product Safety Authority Westelijke Parallelweg 4 | 3331 EW | Zwijndrecht | TVE Postbus 3000 | 3330 DC | Zwijndrecht | Netherlands........................................................................ T 0031 (0)78 6112100 F 0031 (0)78 6112200 evert.van.wilgenburg@vwa.nl........................................................................ The AID, PD and VWA are building one new Food and Consumer Product Safety Authority.