market surveillance under the general product safety directive (gpsd)

Erik HanssonEuropean CommissionDG Health and Consumer Protection

Market surveillance under the General

Product Safety Directive (GPSD)

The General Product Safety Directive

(GPSD)

Applies to consumer productsWaives for requirements on same aspects in specific legislation

Business-obligations

Produce and sell only safe productsMonitor and follow up safety – trace, take actions and notifyCo-operate with authorities

Member-States obligations

Control: market surveillance and enforcementReportingCo-operation

European Commission obligations

MonitorSupportRecognise standardsRapid EU decisions

Ensuring the safety of consumer products

Pre-market (preventive)Conformity assessment requirements for many products falling under sectoral legislation

Post-market (reparative)Monitoring and safety management requirements in GPSD

Organisation of Market Surveillance in Member States

GeographicalNationalRegionalLocal

Type of product

The essential market surveillance requirements of

the GPSD

Somebody to do the jobDefined tasks and organisationInvestigation powersEncourage voluntary actionsPowers to require corrective actionsSanctions

The Essential operational requirements of the GPSD

Surveillance programmesCooperation arrangementsScientific and technical knowledgeComplaints and notification proceduresEvaluation and review

Transparency

Citizens right to knowExcept

Professional secrecyInvestigation secrets

Commission support

NetworkingInformation exchangeTracing and recallExchange of expertise and best practices

Commission support

Joint surveillance projectsSpecific productsCommunication systems (ICSMS)Injury data registrationBest practice in market surveillance (PROSAFE)

Commission control

ContinuosInformation exchange, RAPEX, complaints, etc.

Regular Commission reportsIn depth assessment

Rapid Alerts (RAPEX)

Notifications from Member States on measures ordered by authorities or voluntary measures by business concerning consumer products causing a serious risk

Excludes: foodstuffs, pharmaceuticals, medical devices.

Link: Overviews of RAPEX notifications:

http://ec.europa.eu/comm/dgs/health_consumer/dyna/rapex/rapex_archives.cfm

Authority A Authority B

Authority C Authority D

Contact points in Member States

DG A DG B

DG C DG D

DGHealth and Consumer Protection

RAPEX notifications 2002 - 2005

168 139

468

847

84 67

388

701

0

100

200

300

400

500

600

700

800

900

2001 2002 2003 2004 2005

Art. 11+12+ INFOArt. 12

Categories of products notified under Article 12(1st January - 31th August 2006)

Lighting equipments

8% Motor vehicles

14%

Electric appliances

21%

Toys23%

Products notified under Article 12 by nature of the risk(1st January - 31th August 2006)

Electric shock23%

Injury25%

Chemical 8%

Fire risk/burns18%

Choking/Suffocation

16%

138

101

31

154164

0 5 3

0

20

40

60

80

100

120

140

160

180

Withdrawalfrom market

Recall ofproduct

Ban on sale Publicwarning

Measures adopted for Article 12 notifications(1st January - 31th August 2006)

obligatoryvoluntary

Origin of the products notified under Article 12(1st January - 31th August 2006)

Unknown14%

EU 25 & EFTA/EEA countries

23%

China(Incl. Hong Kong)

50%

International co-operation

USA – CPSCChina - AQSIQICPSCInternational standardisation – ISO/COPOLCO

Guidance documents:

Borderline to sectoral directivesBusiness notification dutyRAPEX operationRecall guideline

http://ec.europa.eu/comm/consumers/ • Consumer safety:

• Products and services