European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› WP.29 Enforcement Working Group.

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Presentation transcript:

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› WP.29 Enforcement Working Group kick-off meeting 28 June 2012 European Commission Enterprise and Industry Introduction of common market surveillance provisions in the EU type-approval legislation for automotive products EFWG-01-05

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› Main objectives  Reinforce national market surveillance in Member States  Ensure a more coherent level of intervention and controls on automotive products on the market throughout EU  Ensuring coordinated action against non-compliant products and products presenting a serious risk = ensuring level playing field for economic operators  Protect fair economic operators against unfair competition from operators ignoring or by-passing the rules of the game  Protect safety and environment  Increase confidence in EU type-approval legislation Market surveillance: objectives

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› New Legislative Framework (NLF) 2 complementary legal instruments: Regulation 765/2008/EC - requirements for accreditation and market surveillance relating to the marketing of products; Decision 768/2008/EC - a common framework for the marketing of products Horizontal framework for Community harmonisation legislation = legislation fixing conditions for the marketing of products Objective: Improve the functioning of the internal market in practice Market surveillance: legal basis

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› NLF – 2 complementary instruments: REGULATION 765/2008/EC Accreditation Market surveillance  EU internal  imported products General principles [not directly relevant for automotive approval legislation] Financing Directly applicable (from 1 January 2010) DECISION 768/2008/EC common elements of product legislation (obligations of economic operators, definitions, etc) toolbox for future legislation or amending existing legislation no immediate effects for individuals or Member States if not included in sector specific legislation relevant tools incorporated in proposal for type-approval legislation Market surveillance: legal basis

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› Member States and Commission services must apply Regulation 765/2008 in addition to type-approval legislation (as from 1/1/2010) Applies to all internal market legislation fixing conditions for the placing on the market of products (i.e. including type-approval legislation) Additional obligations for national authorities when implementing sector specific Internal Market legislation Consequences for cooperation with Commission, administration of safeguard clauses and recall procedures How does Regulation 765/2008 affect automotive type-approval legislation? Market surveillance: legal basis

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› New obligations arising from Regulation 765/2008/EC MS have to inform other MS and Commission on competent authorities and market surveillance programmes (general or sectoral) !! MS have to take measures against non compliant products and products presenting a serious risk (Article 16.2 and 20) !! MS have to inform Commission and other MS on measures taken against non-compliant products and products presenting a serious risk (Art 22 and 23) !! Cooperation: MS to participate in European co-operation activities (Art 24.1) and provide mutual assistance (Art 24.2) Market surveillance: legal basis

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› Regulation 765/2008/EC: MS obligations on restrictive measures Non-compliant product or product entailing serious risk found Take restrictive action withdrawal, recall, prohibition of marketing or other restrictive measure Inform Commission and other MS Serious-risk cases: RAPEX other cases: Art 23 Safeguard clause? RAPid information EXchange for serious cases (= products presenting a serious risk) Market surveillance: legal basis

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› is the EU rapid alert system for all products presenting a serious risk allows for the rapid exchange of information between Member States via national contact points and the Commission of measures taken to prevent or restrict the marketing or use of products posing a serious risk ( ) the Commission publishes a weekly overview of the dangerous products reported by the national authorities (the RAPEX notifications), giving all information on the product, the possible danger and the measures that were taken by the reporting country. ( ) to give a better view on the overall level of enforcement, including the follow-up activities of the national market surveillance authorities, the RAPEX website provides also the names of the Member States that have found the notified product on their market and have taken appropriate measures (and have submitted a reaction to a RAPEX notification as a consequence) RAPEX

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› RAPEX: How it works

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› RAPEX The five most frequently notified product categories in 2010

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› RAPEX RAPEX notifications for motor vehicles: rising trend

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› RAPEX Reactions by notified product (2010):

European Commission Enterprise and Industry Market surveillance and automotive type-approval legislation - 28/06/2012 | ‹#› More information? RAPEX: Market surveillance: common-rules-for-products/new-legislative-framework/index_en.htm Regulation (EC) No 765/2008 : EU Commission Automotive Industry Unit: