1. S4: Market Surveillance 2012-10-31 1 Physikalisch-Technische Bundesanstalt Session 4: Market surveillance Peter Ulbig, Harry Stolz Belgrade, 31 October 2012

2. S4: Market Surveillance 2012-10-31 2 Placing on the market / putting into use Situation: You finished successfully the conformity assessment of your measuring instrument. Now you are able to place your instrument on the market (with the corresponding CE and metrology mark). New products leave your production line. now market surveillance may happen!

3. S4: Market Surveillance 2012-10-31 3 Background The new approach gives freedom to the manufacturer to place his instrument on the market after finishing successfully the conformity assessement procedures,  without any additional national examination! But who knows, whether everything is o.k. with your instrument?  The memberstates have to carry out market surveillance activities!

4. S4: Market Surveillance 2012-10-31 4 Background Definitions given by Decision EC 768/2008

5. S4: Market Surveillance 2012-10-31 5 Background production line product transport product distributor product retailer customer „Placing on the market“ „Putting into use“ market surveillance manufacturer

6. S4: Market Surveillance 2012-10-31 6 Given „set of legal framework“ EC 764/2008 non-harmonised products EC 768/2008 harmonised products EC 765/2008 market surveillance

7. S4: Market Surveillance 2012-10-31 7 Given system of three documents Regulation EC 764/2008: „Free movement of goods“  deals with non-harmonised products  if a product is placed lawfully in one member state, it can be placed on the market in all other member states  member states are allowed only in a few cases to have their own technical regulation!!! Decision EC 768/2008: „Marketing of products (NLF)“  deals with harmonised products (new approach)  harmonised definitions  description of all conformity assessment modules

8. S4: Market Surveillance 2012-10-31 8 Background EC regulations are valid in all member states!

9. S4: Market Surveillance 2012-10-31 9 Structure of Regulation EC 765/2008 Chapter 1: General provisions Chapter 2: Accreditation Chapter 3: Market surveillance Chapter 4: CE Marking Chapter 5: Community financing Chapter 6: Final provisions section 1: General provisions section 2: Community market surveillance framework section 3: Controls of products entering the community market

10. S4: Market Surveillance 2012-10-31 10 Essentials of Regulation EC 765/2008 section 1: General provisions General requirements: 1.Member states shall organise and carry out market surveillance. 2.Member states have to provide national annual market surveillance programs and have to inform the European commission about them.

11. S4: Market Surveillance 2012-10-31 11 Essentials of Regulation EC 765/2008 3. Products covered by Community harmonisation legislation which - when used in accordance with their intended purpose or - under conditions which can be reasonably foreseen and - when properly installed and maintained, are liable to compromise the health or safety of users, or which otherwise do not conform to applicable requirements set out in Community harmonisation legislation - are withdrawn or - their being made available on the market is prohibited or restricted and that - the public, the Commission and the other Member States are informed accordingly.

12. S4: Market Surveillance 2012-10-31 12 Essentials of Regulation EC 765/2008 section 2: Community market surveillance framework Market surveillance measures Market surveillance authorities shall perform appropriate checks on the characteristics of products on an adequate scale, by means of documentary checks and, where appropriate, physical and laboratory checks on the basis of adequate samples. When doing so they shall take account of established principles of risk assessment, complaints and other information.

13. S4: Market Surveillance 2012-10-31 13 Essentials of Regulation EC 765/2008 Market surveillance authorities may require economic operators - to make such documentation and information available as appear to them to be necessary for the purpose of carrying out their activities, and, - where it is necessary and justified, enter the premises of economic operators and take the necessary samples of products. They may destroy or otherwise render inoperable products presenting a serious risk where they deem it necessary.

14. S4: Market Surveillance 2012-10-31 14 Essentials of Regulation EC 765/2008 Market surveillance authorities shall cooperate with economic operators regarding actions which could prevent or reduce risks caused by products made available by those operators. Where the market surveillance authorities of one Member State decide to withdraw a product manufactured in another Member State, they shall inform the economic operator concerned at the address indicated on the product in question or in the documentation accompanying that product.

15. S4: Market Surveillance 2012-10-31 15 Essentials of Regulation EC 765/2008 Prior to the adoption of a measure referred to in paragraph 1, the economic operator concerned shall be given the opportunity to be heard within an appropriate period of not less than 10 days, … If action has been taken without the operator's being heard, the operator shall be given the opportunity to be heard as soon as possible and the action taken shall be reviewed promptly thereafter.

16. S4: Market Surveillance 2012-10-31 16 Essentials of Regulation EC 765/2008 Where a Member State takes or intends to take a measure …and considers that the reasons which prompted the measure or the effects of the measure go beyond its territory, it shall immediately notify the Commission of that measure. It shall also inform the Commission without delay of the modification or withdrawal of any such measure.

17. S4: Market Surveillance 2012-10-31 17 Essentials of Regulation EC 765/2008 The Commission shall develop and maintain a general archiving and exchange of information system, using electronic means, on issues relating to market surveillance activities, programmes and related information on non-compliance with Community harmonisation legislation. „Rapid Exchange of Information System“ (RAPEX)

18. S4: Market Surveillance 2012-10-31 18 Essentials of Regulation EC 765/2008

19. S4: Market Surveillance 2012-10-31 19 Essentials of Regulation EC 765/2008

20. S4: Market Surveillance 2012-10-31 20 Essentials of Regulation EC 765/2008

21. S4: Market Surveillance 2012-10-31 21 Structure of Regulation EC 765/2008 section 3: Controls of products entering the community market (at borders e.g. havens, airports etc.)

22. S4: Market Surveillance 2012-10-31 22 Essentials of Regulation EC 765/2008 The authorities in charge of external border controls shall suspend release of a product for free circulation on the Community market when any of the following findings are made in the course of the checks:

23. S4: Market Surveillance 2012-10-31 23 Essentials of Regulation EC 765/2008 (a) the product displays characteristics which give cause to believe that the product, when properly installed, maintained and used, presents a serious risk to health, safety, the environment or any other public interest referred to in Article 1;

24. S4: Market Surveillance 2012-10-31 24 Essentials of Regulation EC 765/2008 (b) the product is not accompanied by the written or electronic documentation required by the relevant Community harmonisation legislation or is not marked in accordance with that legislation; user instructions

25. S4: Market Surveillance 2012-10-31 25 Essentials of Regulation EC 765/2008 (c) the CE marking has been affixed to the product in a false or misleading manner. Serial no. 08/15 Made in Europe

26. S4: Market Surveillance 2012-10-31 26 Essentials of Regulation EC 765/2008 and finally: Member States' authorities may destroy or otherwise render inoperable products presenting a serious risk where they deem it necessary and proportionate.

27. S4: Market Surveillance 2012-10-31 27 Essentials of Regulation EC 765/2008 Manufacturer Market Surveillance Authority Responsible Ministry European Commission RAPEX Notified Body The manufacturer is asked, not the notified body!!!

28. S4: Market Surveillance 2012-10-31 28 Non-conform instruments Difference between market surveillance and verification: Manufacturer Market Surveillance Authority User Verification body in case of systematic errors of a type in case of non-systematic errors of a single instrument

29. S4: Market Surveillance 2012-10-31 29 Non-conform instruments (MID)

30. S4: Market Surveillance 2012-10-31 30 Non-conform instruments (MID)  Importance of an adequate, definite manufacturer mark! Simple easy to copy marks are not convenient!

31. S4: Market Surveillance 2012-10-31 31 Non-conform instruments (MID)