Impact of the proposals on the actors of the supply chain : benefit and risk French Federation of Trade and Distribution (FCD)- EuroCommerce 1

Today’s in-store situation A hypermaket gathers tens of thousands of products… Of several brands …Including our own-brand products From various suppliers …from big companies to SMEs Covered by different liability framework ….whose responsibility imply that we must Act with due care before making available a product Shifting to “verifying the veracity” of labels on product instead of presence Pass on information on product risks, Keep and provide information to trace the products Shifting to “giving confidential information” that are not in our possession (manufacturer’s tasks) Cooperate with producers and competent authorities to avoid risks ….Obligations and responsibilities currently aligned with the New Legal Framework (NLF) 2

Tomorrow’s obligations (mainly) 3 Manufacturer’s obligations Place only safe products on the market (risk analyses and technical documentation) Affix information on the product/packaging or in the documentation accompanying the product Provide instruction and safety information if needed Provide a list of models in case of serious risks Test on marketed product by a third party designed by MS If the product is not safe, inform MSA of the risk and of the results of the corrective action Keep a register of complaints, non- conforming products and product recalls…and keep importer and distributor informed Keep the technical documentation during 10 years and provide if under reasoned request (digital format) Importer‘s obligations Place only safe products on the market Ensure manufacturer has complied with its own obligations Affix information on the product/packaging or in the documentation accompanying the product Provide instruction and safety information if needed Provide a list of models in case of serious risks Test marketed product by a third party designed by MS If the product is not safe, inform MSA of the risk and of the results of the corrective action Keep a register of complaints, non- conforming products and product recalls…and keep manufacturer and distributor informed Keep the technical documentation during 10 years and provide if under reasoned request (digital format ) Distributor’s obligations Verify the product: Bear the mandatory information Is accompanied by the documentation May test marketed products Do not make at disposal products in case of doubt and take corrective actions Excepted isolated cases If the product is unsafe or non compliant, inform immediately MSA and take corrective action Keep the name and the address of its suppliers during 10 years

Measures improving enforcement More streamlined system for more efficiency Isolated casesTechnical information Better cooperation in supply chain Better application of the principle of mutual recognition Communication throughout the supply chain about risk-monitoring Strong and clear responsibilities for economic operators Recognition of the role of each operator and proportionate obligations Clear checklist for distributors

Challenges Confusion between the statute of importer in the customs code and in the NLF More controls, more standards and still a lack of labs (skills, liability, designed by MS, mutual recognition of test reports, accreditation…) Need for consistency between all the sectors aligned with NLF (definition of placing on the market, responsible person, …) The ownership of traceability (global standards, multiplication on products information 5

Thank you! Emilie Prouzet, Director of European Public Affairs at FCD, member of EuroCommerce 6