bert van dijk radiocommunications agency belgrade, serbia ... za saradnju sa eu/direktiva...

Belgrade Serbia 11the Novemberr 2010

EMC Market surveillancePrioritizing and planning safeguard procedures cross border campaigns cooperation

Part 1

Bert van Dijk

Radiocommunications Agency

Belgrade, Serbia

11th November 2010


Bert van Dijk

Senior policy officer enforcement

Radiocommunications Agency

The Netherlands

Member EMC/ADCO and WPEMC

ADCO/R&TTE and TCAM

Former chairman ADCO/R&TTE


Subjects

1. MS responsibility Authorities

2. Safeguard procedures

3. Cooperation MS authorities

4. Cross border campaigns


Radiocommunications Agency NL4

MSA responsibility (1)

General task marker surveillance Authorities in the Union

EU Decision 765/2008/EC on Accreditation and Market surveillance

Applicable for MSA >>> Chapter III articles 14 to article 26

Title: Community Market Surveillance Framework and controls of products entering the community market

Describe the MS obligations for Member States in the Union

•Member States (read MS) shall organize and carry out effectivelyMarket Surveillance in their country




Member States shall appoint Market Surveillance Authority (MSA)

MSA shall:

Conduct EMC market surveillance

establish procedures for complaints or reports relating to product joined risk

monitor accidents and harm to health

verify that corrective actions have been take

follow up scientific and technical knowledge (state of the art), inclusive concerning safety

MS shall establish and periodically update their Market Surveillance programmes

information shall be available to Commission and public ( first 1 January 2010)




• MS shall inform Commission when products presenting a serious risk (RAPEX)

MS shall apply restrictive measures that

shall be proportional (low <> high risk)

– shall be applied after 10 days period (incl. opportunity of the guilty to be heard)

– shall be withdrawn products or amended after corrective action




Exchange of information with other MSA in the Union and EFTA countries

General information support system (article 23 of decision 765/2008/EC)

ICSMS will be developed by Commission for MSA)

Internet-based Information and Communication System for Europe wide cross-

border Market Surveillance of technical products

Cooperation MSA and Customs (article 29 of decision 765/2008/EC)

Cross border campaigns with other MSA in the Union



Safeguards (1)

Article 10

In case of non compliance of a product

• Failure to satisfy the essential requirements (harmonized standards)

• Incorrect application of the harmonized standards

• Shortcoming harmonized standards

MSA shall take appropriate measures to withdraw the product form the market



Safeguards (2)

In case of non compliance of a product

• MSA has to inform the Commission and other Member states

•Commission shall consult the involved parties (economic operator)

(Manufacturer, dealers, importers representatives, distributers)

• When the measure is justified all member states should be informed

• The final decision will be applicable in all member states



Safeguards (2)

Sales ban mans >>> appropriate measures taken by the MSA to withdraw the product from the market service, prohibit its placing on the market or putting into service or restrict its free movement

Some countries may apply a sales ban against withdrawn or unmodified products (but this does not invoke the safeguard procedures

• Safeguard described in Flowchart agreed by Commission and EMC ADCO

• Safeguard notification form



Yes

No

Yes

Yes

No

No

Product mar remain on sale

Information on Circa Server


Safeguard procedure

Sales ban (2)

Withdrawn?

Resolved and modified

Dialog with responsible person

Compliance?Test technical compliance of samples

Suspect technical non compliance

Get sample(s)

Administrative non compliance

Expect CE mark


Nationally resolvedDialog with responsible person

Non CE market products found

OVERVIEW OF PROCESS LEADING TO EMC SAFEGUARD NOTIFICATIONS

Responsible person means = economic operator

CIRCA Server = Commission’s information system

1

2

3



Safeguard Notification form

1. Name of the notifying authority

e. Date

C Notification no

b. Full name and address, telephone and fax numbers, e-mail of the department and of the competent official supplying the information

a.Member State / other

2. Identification of the equipment

h. Other countries in which the equipment is placed on the market

g. Name and address of the importer in the home country (Retailer)

f. Name and address of the manufacturer

e. Name and address of the responsible for placing of the European market

d. Bar Code

c. Type

b.Brand name

a.Name and description

(1)




3. Proof of conformity

available to the market surveillance authorityacceptablenot acceptablenot available to the market surveillance

authoritynot requested

Name of notified body: Reference number of technical report:

a.Declaration of conformity issued by a manufacturer or authorised representative following the application of Annex III of the EMC Directive (notified body)

available to the market surveillance authorityacceptablenot acceptablenot available to the market surveillance

authoritynot requested

a.Declaration of conformity issued by a manufacturer or authorised representative following the application of Annex II of the EMC Directive

a.Other markings

yes which one(s)?: no

a.Other Directive(s) covered by CE marking

yesno

a.CE marking

•

(2)




•

4. Details of the measures taken

subject of an appeal (Please describe)

the possibility for an appeal exists

firme. Is the measure firm, or can it be the subject of an appeal?

no

Method of notification: Date:

yesd. Has the manufacturer, authorised representative or importer been informed?

c. Brief summary:

Method of notification:

Reference:

Date:

b. References to measures:

Other (please describe)

General measures making the placing of the equipment on the market subject to specific conditions

Prohibition of the placing of the equipment on the market

removal from circulation

a.Type of measure:

retailerImporter into the EEA

Manufacturer

(3)




5. Reasons for the measures taken

d. Other e.g. marking, documentation,

Standard (s) reference:c. Shortcomings in the standards referred to in article 6

Standard (s) reference:b Incorrect application of the standards referred to in Article 6

Standard (s) reference:a. Failure to satisfy the essential requirements referred to in Annex I of the EMC Directive, where the apparatus does not comply with the harmonised standards referred to in Article 6

6. Brief description of faults, nature of hazards and/or shortcomings in standards observed*

(4)




7. Additional information

page(s)others

page(s)distribution chain

page(s)copy of declaration of conformity

page(s)photographes

page(s)copy of test reports

Paper annexedCirca

Server

(5)



Experiences with third countries and industry

• Some mass products from third countries are not traceable

• High level of non-compliance of “mass” products

• General no EC marking or DoC

• Name of manufacturer is missing

• Not willing to deliver the technical documentation

• Different importers in the EU

Questions: who is responsible for placing on the EU market?

Importers are badly informed about EMC obligations



Cooperation MS authorities

Market surveillance is an EU matter

Cooperation between these authorities

27 Member States , included EFTA (Norway and Iceland) and Switzerland

Administrative Cooperation, so called “EMC ADCO”

Exchange of information >>>>>> guidance MSA, only

Exchange national programmes

Main issues are now the Union cross border campaigns



Responsibility Market Surveillance Authorities

Member States are responsible for the Union

25 % of Products will be import via the harbour Rotterdam

Cooperation with the custom is necessary



Union Cross border campaign (1)

Market surveillance is in fact not a national issues but for internal market in the Union

ADCO agreed to conduct Union Cross border campaigns

Participation of campaigns is voluntary but all MSA are urged to join the campaigns

Choose of the products will be based on risk assessment procedures

All results of the campaigns are/will be published




Purpose is to check the compliance of products

Pending the agreement of the MSA

1. Administrative provisions

CE marking, DoC, type number

2. Checking Technical documentation

Test report and the which measures are taken to fulfil te essential requirements

3. Checking the products) based on the harmonised standards




Last cross border EMC campaign 2009/2010

Consumer entertainment electronics products

LCD and Plasma Televisions

DVD and Blue- Ray players for connection to TVs

Applicable standards EN 55013 and EN 55020

Agreed to check

Administrative provisions (CE and DoC)

Emissions and immunity



Results Consumer Entertainment campaign 2009/2010

79.780.568.871.550.0159Overall

58.476.556.858.736.63DVD player

93.679.587.592.181.339Blu-Ray Player

10010028.685.728.68TV Plasma

90.383.775.969.849,9 49TV LCD/LED

Correctness of

available D

oC

%

Availability

of

DoC

%

Immunity

technical

compliance

%

Emissions

technical

compliance

%

Overall te

chnical

compliance

%

Numbers of

products



Results Consumer Entertainment campaign 2009/2010

Overview results

•16 member states (expected 27 countries)

•Tested 159 products (representative for all consumer products?

•Overall compliance 50%

•Emissions 71.5%

•Immunity 68.8%

•Available DoC 80.5% and 79.7 % was correct

•Conclusions

•Low level of overall compliance (thus improve the contacts with operators

•to take appropriate measures against non compliance products



Further suggestions and remarks

bert van dijk radiocommunications agency belgrade, serbia ... za saradnju sa eu/direktiva...

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