Warsaw, 5th November 2012

Market Surveillance System of non-food products in

Poland

1. Structure of the Market Surveillance System of non-food products (MSS) in Poland.

2. Role of the President of the Office of Competition and Consumer Protection in the Polish MSS.

Main points

Legal EU framework of the MSS

• Directive 2001/95/EC of the European Parliament and of the Council of 3th December 2001 on general product safety (OJ EU L 11 of 15.01.2002, p. 4) - GPSD;

• Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9th July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93 ([OJ EU L 218 of 13.08.2008, p. 30) – since 1st January 2010.

Definition of Market Surveillance

„market surveillance” shall mean the activities carried out and measures taken by public authorities to ensure that products comply with the requirements set out in the relevant Community harmonistation legislation and do not endanger health, safety or any other aspect of public interest protection

Article 2 point 17 of Regulation (EC) No. 765/2008

National legal background of the MSS

• General Product Safety Act of 12th December, 2003 – control procedures, responsibilities and rights of actors of the system, together with executive regulations describing safety requirements (OJ No. 229, item 2275, as ammended);

• Conformity Assessment System Act of 30th August, 2002 – control procedures, responsibilities and rights of actors of the system, incl. standardization issues, together with executive regulations describing essential requirements for products (OJ of 2010 No. 138, item 935, as ammended).

Regulation (EC) No. 765/2008

and about 25 new approach directives

(harmonised consumer and industrial products)

General Product Safety Directive 2001/95/EC

(non-harmonised consumer products)

Market Surveillance System of non-food products

President of Competition and Consumer Protection Office

Structure of the MSS in Poland

The Ministry of the Economy and the Ministry of Transport and the

Ministry of Digitalization

9 independe

nt inspection

s

Market Surveillance Authorities

3 Maritime Offices

Office of Competition and

Consumer Protection

Market Surveillance Department

Role of the OCCP President in the MSS

1) monitors the market surveillance system (e.g. elaborating raports) and cooperates with national market surveillance authorities as well as customs authority;

2) cooperates with the European Commission (e.g. elaborating and publishing National Market Surveillance Programmes, attending ADCOs meetings and Joint Actions);

Role of the OCCP President in the MSS

4) plans market surveillance actions (inspection plans) for Trade Inspection;

3) conducts administrative proceedings against non-compliant (12 new approach directives) and unsafe products (General Product Safety Directive 2001/95/EEC);

Role of the OCCP President in the MSS (2)

5) operates the national register of unsafe and non-compliant products(http://publikacje.uokik.gov.pl/hermes3_pub/

WebEngine/DocumentSearchForm.aspx?CDC=PublicRWN);

6) acts as the national contact point of the EC RAPEX system (Rapid Alert System for non-food consumer products)(http://ec.europa.eu/consumers/dyna/rapex/

rapex_archives_en.cfm).

• National market surveillance authorities – conduct investigations and administrative proceedings (take relevant measures under particular directives, depending on the subject), cooperate with the OCCP President in the field of MSS.

• Customs service – takes actions at the borders (stops non-compliant products before placing them on the Single Market).

Role of stakeholders in the MSS

www.uokik.gov.plwww.uokik.gov.pl

MARKET SURVEILLANCE DEPARTMENT THE OFFICE OF COMPETITION AND CONSUMER

PROTECTION

tel. (+4822) 55 60 390fax: (+4822) 827 03 04email: dnr@uokik.gov.pl

THANK YOU FOR ATTENTION