1. EU Conference on market surveillance 10-11/03/2005 Market surveillance in practice, seen from a business perspective by Annette Dragsdahl on behalf of UNICE Union of Industrial and Employers Confederations of Europe

2. EU Conference on market surveillance 10-11/03/2005 UNICE 38 members in 32 countries Austria Belgium Cyprus Czech Republic Denmark Finland France Germany Greece Iceland Ireland Italy Luxembourg Malta Norway Poland Portugal Spain Sweden Switzerland The Netherlands Turkey United Kingdom Bulgaria Estonia Hungary Lithuania Rep. San Marino Romania Croatia Slovenia Slovakia Observer: Latvia 2

3. EU Conference on market surveillance 10-11/03/2005 UNICE's mission and purpose Actively promote and represent business interests in Europe Advocate a favourable and competitive business environment to foster sustainable economic growth Influence EU policies to create a business- friendly environment

4. EU Conference on market surveillance 10-11/03/2005 Why have market surveillance? Enforcement of Community legislation is an obligation on Member States Consumers, workers and other users need safe products and safe working environment Citizens are entitled to an equivalent level of protection, regardless of the origin of the product

5. EU Conference on market surveillance 10-11/03/2005 Avoid unfair competition! Unfair competition has a knock-on effect on European competitiveness: Loss of production loss of jobs Loss of brand reputation loss of confidence Issues of health and safety product liability

6. EU Conference on market surveillance 10-11/03/2005 "There is a black sheep in every flock"

7. EU Conference on market surveillance 10-11/03/2005 Does market surveillance function? Statistics from RAPEX-system and LVD-area indicate different levels of surveillance from one country to the other

8. EU Conference on market surveillance 10-11/03/2005 85% of notifications from 7 countries! Source: LVD ADCO report 1st quarter 2005

9. EU Conference on market surveillance 10-11/03/2005 It's the Internal market, stupid! A 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'

10. EU Conference on market surveillance 10-11/03/2005 Complex and burdensome legislation Different interpretation Non-transparent or non- existent market surveillance Main findings of IM study linked with market surveillance ParliamentEU 20022010 2002 År EU more important for the industry Source: Survey among member companies at the Annual Conference of Industries 2002 Major importance

11. EU Conference on market surveillance 10-11/03/2005 Complex and burdensome legislation ORGALIME © 2004 EXTRACTION OF NATURAL RESOURCES RECYCLING & DISPOSAL USE BUSINESS PROCESS assembly, marketing, distribution sale MANUFACTURING DESIGN < 50V.AC < 75V.DC GPSD Battery Compatible EMC TV setTV setTV setTV set Safe EMF Recommendation Green energy efficiency labelling Green RoHS Safe Work prot. directives Clean technology IPPC EUP eco design of energy using products REACH Chemicals Green Packaging Safe GPSD Green WEEE Safe LVD

12. EU Conference on market surveillance 10-11/03/2005 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"

13. EU Conference on market surveillance 10-11/03/2005 Statistics from the US and Germany shows that this is NOT the way to go! Source: Biegelmeier, Gottfried, Liber Amicorum - Liber Inimicis Nowak, Kurt, 81 tödliche Stromunfälle 1998, de 8/2000 Data compiled by ZVEI & ORGALIME Electrical fatal accidents in the USA (1960-1989) vs. Germany (1960-1998) Third party control instead of 'Manufacturers declaration'?

14. EU Conference on market surveillance 10-11/03/2005 Third party control instead of 'Manufacturers 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!

15. EU Conference on market surveillance 10-11/03/2005 LVD Article 9 notifications (total with share of voluntary certification marks)

16. EU Conference on market surveillance 10-11/03/2005 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? "Non-solutions"

17. EU Conference on market surveillance 10-11/03/2005 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…) "Non-solutions"

18. EU Conference on market surveillance 10-11/03/2005 Member States to allocate sufficient, competent resources Equivalent level throughout the Internal Market Clear 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 surveillance

19. EU Conference on market surveillance 10-11/03/2005 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"

20. EU Conference on market surveillance 10-11/03/2005 RAPEX 2004 Notifications of unsafe products by origin: Half of them are not manufactured in the EU RAPEX 2004 Notifications of unsafe products by origin: Half of them are not manufactured in the EU EU Foreign origin Source: European Commission, DG SANCO, B3 – data compiled by ORGALIME http://europa.eu.int/comm/consumers/reports/report_rapex_04_en.pdf http://europa.eu.int/comm/consumers/reports/report_rapex_04_en.pdfChina Shoot where the ducks are…

21. EU Conference on market surveillance 10-11/03/2005 Member States to allocate sufficient, competent resources Equivalent level throughout the Internal Market Clear 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 surveillance

22. EU Conference on market surveillance 10-11/03/2005 Respect the principle of proportionality Use efficient tools (information channels, appropriate test facilities, high qualified staff) Take active part in standardisation activities Ensure 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)

23. EU Conference on market surveillance 10-11/03/2005 It's the Internal Market… Let's make it work! Industry is ready to contribute! Thank you for your attention!