Proposal for Joint Action on Cooperation with the General ... - Prosafe

Brussels, 5th August 2011
<strong>Proposal</strong> <strong>for</strong> <strong>Joint</strong> <strong>Action</strong> on Cooperation with the General Administration of
Quality, Supervision and Quarantine (AQSIQ) of the People’s Republic of China
in the Field of Consumer Product Safety
1. Background
The European Commission and the Chinese export control authorities have been meeting each
other regularly <strong>for</strong> many years to discuss consumer product safety. The contacts have gradually
been more and more <strong>for</strong>malised and resulted in the signing of a Memorandum of Understanding in
2006. Now the two parties meet twice a year alternating between China and Europe.
A few years ago, the Dutch authorities <strong>for</strong> consumer product safety decided to follow-up these
activities with a practical initiative together with the Chinese authorities. This initiative is
generally perceived at the most advanced in Europe, but other Member States including France,
United Kingdom and Germany are known to have their own initiatives. It was agreed in 2009 that
Member States should in<strong>for</strong>m each other of such initiatives and that the European Commission
should seek possible synergies and facilitate a joining of <strong>for</strong>ces where appropriate.
Besides this, PROSAFE has identified the need to reach out to China in several of the recent
proposals <strong>for</strong> <strong>Joint</strong> <strong>Action</strong>s (Lighters and the <strong>Joint</strong> <strong>Action</strong> 2010 comprising Food imitation child
appealing products, Children’s Fancy Dresses, Laser Pointers, Ladders, Visibility clothing &
accessories). Several of the products addressed in these <strong>Action</strong>s are by and large manufactured in
China and a large share of the Chinese products that are examined as part of the market
surveillance activities do not comply with the European legislation. PROSAFE has discussed with
the European Commission how to implement this outreach activity purporting to present and
discuss the findings from the <strong>Joint</strong> <strong>Action</strong>s with the Chinese authorities and to improve the
understanding of the supply chain to be able to maximize the influence on the safety of the
concerned products in Europe.
Now PROSAFE proposes a <strong>Joint</strong> <strong>Action</strong> building on the on-going European activities to enhance
them and to involve other Member States allowing them to benefit from the experience gained to
date across all of Europe. The proposed <strong>Joint</strong> <strong>Action</strong> purports to increase the mutual
understanding of Chinese export control and European border control by checking a number of
products (toys) together in China and in Europe. The <strong>Joint</strong> <strong>Action</strong> will also serve as a plat<strong>for</strong>m <strong>for</strong>
sharing the experiences from all European initiatives to ensure that all parties are in<strong>for</strong>med about
each other's activities.
For the moment it is envisaged to link the <strong>Joint</strong> <strong>Action</strong> closely to the Dutch initiative but the first
activity of the <strong>Action</strong> would be to get an overview of all European initiatives and to build
appropriate liaisons with them. The proposed <strong>Joint</strong> <strong>Action</strong> will also be closely linked to PROSAFE's
other <strong>Joint</strong> <strong>Action</strong>s to ensure the maximum synergy with the <strong>for</strong>eseen outreach activities. The
overall purpose of the coordination is to ensure that the Chinese authorities will see all the
initiatives as parts of a coordinated European approach.
PROSAFE Secretariat, Rue Joseph II 12-16, B-1000 Brussels, Belgium
Tel: +32-2-286-1741 and +32-2-286-1726; E-mail: info@prosafe.org
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2. Project title
<strong>Joint</strong> <strong>Action</strong> on Cooperation with the General Administration of Quality, Supervision and
Quarantine (AQSIQ) of the People’s Republic of China in the Field of Consumer Product Safety
3. Objectives
The proposed <strong>Joint</strong> <strong>Action</strong> has three objectives:
• To ensure that fewer unsafe products are imported to Europe from China.
• To gather experiences related to developing and implementing the concept of "seamless
market surveillance chain" in practice.
• To extend existing European activities to other Member States and share knowledge
gained in these initiatives <strong>for</strong> the benefit of all Member States.
This will serve to implement the Memorandum of Understanding between the European
Commission, DG SANCO and AQSIQ.
4. How do the objectives of the project relate to the objectives and provisions of the
General Product Safety Directive and the Memorandum of Understanding between
DG SANCO and AQSIQ?
The project relates to the following provisions of the General Product Safety Directive.
• The objective of the project is to ensure that products placed on the European market
are safe. Producers must only place safe products to the market - GPSD article 3 – and
Member States must ensure that producers only place safe products on the market –
GPSD article 6.
• The means to do so is market surveillance activities carried out by the Member States.
This is described in GPSD article 8 and 9.
• The effect of the action will be increased by providing coordinating the activities
between the Member States through exchanging in<strong>for</strong>mation on sampled products, test
methods, test results, and other relevant procedures and practices. This is the
requirement of GPSD, article 10.
The project relates to the following provisions of the Memorandum of Understanding between the
DG SANCO of the European Commission and AQSIQ and the regulatory dialogue between DG
Enterprise and AQSIQ as well as the regulatory dialogue between DG SANCO and AQSIQ):
• The objective of the project is to ensure that products placed on the European market
are safe. This is in line with the overall aim of the MoU which is to strengthen consumer
product safety.
• The means to achieve this aim is to share knowledge and exchange officials. This is in
line with annex 1 of the MoU that mentions the provision of training <strong>for</strong> relevant
technical and regulatory experts including the exchange of officials as one means <strong>for</strong>
cooperation on product safety issues.
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• The <strong>Joint</strong> <strong>Action</strong> is <strong>for</strong>eseen to include working meetings and workshops which is also
envisaged in annex 1 of the MoU that mentions jointly organised seminars and regular
meetings as means <strong>for</strong> cooperation.
Finally the MoU mentions "joint activities such as joint en<strong>for</strong>cement actions" as examples of
activities to be undertaken.
5. Description, planning and duration of the activities to be executed
The action will comprise the following activities:
Phase 1 (month 1 - 2), kick-off and planning:
• Kick-off meeting in Europe to launch the <strong>Joint</strong> <strong>Action</strong> (month 2)
The purpose of the meeting is to launch the <strong>Joint</strong> <strong>Action</strong> and create a common understanding
between the participants. A detailed project plan will be developed and an overview of existing
European initiatives on China will be established.
The meeting will feature an open session with stakeholders and a semi-open session with contact
people from other Europe-China outreach activities.
Phase 2 (month 2 - 4), exchange of officials, common examination of products:
• Visit of European experts to China (month 3)
The visit will comprise a group of maximum ten experts, e.g. laboratory staff with experience in
testing of toys and electrical appliances, import inspectors and a manager.
Part of the visit will be a common check of a container with toys <strong>for</strong> export to Europe where
Chinese and European experts will monitor the Chinese export control authorities' work to get an
understanding of their procedures, test methods, criteria, etc.
The visit will be hosted by the AQSIQ with the help of two different CIQs, e.g. Shenzhen and
Shanghai and is envisaged to take two weeks.
• Visit of Chinese experts to Europe (month 4)
The visit will comprise a group of maximum ten (10) Chinese experts, e.g. laboratory staff, export
inspectors and a manager. The group will visit the harbour of Rotterdam and one or more European
product safety authorities with laboratory facilities <strong>for</strong> chemical and mechanical testing. European
market surveillance experts will participate in the visit.
The visit will comprise a border control of a container with toys from China intended <strong>for</strong> the
European market where European and Chinese experts will monitor the Dutch customs work to get
an understanding of their procedures, cooperation with market surveillance, tests, etc.
The visit will be hosted by nVWA and is envisaged to take two weeks.
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Phase 3 (month 4 - 6), workshops:
• Workshop in China (month 5)
The workshop will comprise a closed meeting <strong>for</strong> Chinese and European market surveillance
experts. The purpose will be to discuss the experiences from the cooperation and discover
possibilities to develop an e-learning system <strong>for</strong> Chinese manufacturers and exporters. This
meeting is expected to host 20 – 30 participants.
It will be coordinated with a seminar that is open <strong>for</strong> authorities and manufacturers where
PROSAFE will share the results of the recent <strong>Joint</strong> <strong>Action</strong>s undertaken by the European Member
States and a presentation about the process of risk assessment, prioritization in market
surveillance, decision making and evaluation.
The workshop will be hosted by AQSIQ and is envisaged to take 3 days.
• Workshop in Europe (month 6)
The workshop will provide an opportunity <strong>for</strong> the participants to discuss the outcome of the <strong>Joint</strong>
<strong>Action</strong> and their experiences. This will constitute part of the input to the final report. The
meeting will also feature an open session with stakeholders and a semi-open session with contact
people from other Europe-China outreach activities.
This seminar is open <strong>for</strong> market surveillance officials from Europe and China. The meetings will be
organized in or nearby Brussels.
Phase 4 (month 7 – 10), evaluation and reporting:
• Development of a practical cooperation plan 2012-2014
The plan is envisaged to include the next <strong>Joint</strong> <strong>Action</strong>s with border control activities on at least
two other products.
This development is <strong>for</strong>eseen to take place in month 8.
• Final report
The reporting is <strong>for</strong>eseen to take place in month 10.
The timeline is indicative. It will have to be adapted to other important events and activities such
as EU-China product safety summit meetings, holidays, etc.
6. Participants in the project
A total of 10 Member States are <strong>for</strong>eseen to join or follow the project. The workload will not be
split evenly between them:
• The project leader will carry a higher workload as he or she will undertake more
activities than the average participants, e.g. liaise with other European initiatives, act as
"the face of the project", manage the project, participate in PROSAFE's project
management and participate actively in all visits to China.
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• Market surveillance experts from a few Member States will be involved more intensely in
a "core group". These people can come from Member States that already have
experiences with China activities or Member States with other major entry points (like
United Kingdom, Germany, France, Italy, etc.). They may be market surveillance officials
with a key expertise in toys (that will be the main product group in this action). These
people will participate in the seminars, meetings and workshops in Europe.
• Besides these two groups of countries, it is <strong>for</strong>eseen that a larger number of Member
States are interested in following the activities.
• For budgeting purposes it is estimated that there will be 3 Member States involved in the
"core group" and another 6 Member States involved outside the "core group".
Furthermore a number of stakeholders have been identified:
• The European Commission, DG SANCO and DG Enterprise will be involved through regular
contacts and will be invited to participate in all events and meetings.
• EUCTP-partners. Contacts with these stakeholders will be maintained via open sessions in
connection with the project group meetings.
• European stakeholders. Contacts with these stakeholders will be maintained via open
sessions in connection with the project group meetings.
• Key staff from other European EU-China initiatives. Contacts with these people will be
maintained via open sessions in connection with the project group meetings or dedicated
meetings as appropriate.
• Key staff from the trilateral US–EC–CN initiative.
• Overseas stakeholders. Contacts with these stakeholders will be undertaken via relevant
international <strong>for</strong>ums, e.g. the ICPSC and the ICPHSO.
• The other <strong>Joint</strong> <strong>Action</strong>s undertaken by PROSAFE.
7. Activities <strong>for</strong>eseen <strong>for</strong> each participant
The following activities are <strong>for</strong>eseen <strong>for</strong> the participants of the project:
• Member States’ market surveillance authorities.
Member States will participate in the meetings and report the experiences of their activities.
Besides it is <strong>for</strong>eseen that a few Member States will participate in the study visit to China. Member
States are expected to provide in<strong>for</strong>mation from their national market surveillance activities
within the scope of toys.
• EU-China project leader.
The <strong>Joint</strong> <strong>Action</strong> will be lead by a project leader, who in person is a market surveillance official of
the Dutch Food and Consumer Product Safety Authority fully involved in the Dutch China
programme and fully involved in (the work of) Prosafe.
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This project leader is responsible <strong>for</strong> the running of the project and accountable to the European
Commission. He manages the project with the support of the project coordinator.
• EU-China project coordinator.
The action will be coordinated by a project coordinator. The main tasks will be to organise project
meetings, collect and share results from Member States, monitor the cooperation, participate in
outreach activities, draft and produce in<strong>for</strong>mation notes, progress reports and the final report.
The project coordinator is accountable to the project leader.
8. Results and benefits expected in relation to the improvement of administrative and
en<strong>for</strong>cement co-operation, to the effectiveness of market surveillance and
en<strong>for</strong>cement and to non-food product safety, and progress indicators
The creation of a mutual understanding between AQSIQ/CIQ-officials and European Market
Surveillances officials
The <strong>Joint</strong> <strong>Action</strong> will include an exchange of officials from China to Europe and vice versa to start
the building up of a mutual understanding which in turn will create a basis <strong>for</strong> a trustful practical
cooperation.
The <strong>Joint</strong> <strong>Action</strong> will provide a plat<strong>for</strong>m <strong>for</strong> training of officials from the Chinese authorities and
representatives from Chinese manufacturers in the European authorities' interpretation of
European Standards and safety requirements as well as risk assessment according to the RAG
method.
Moreover the <strong>Joint</strong> <strong>Action</strong> will enable an (in<strong>for</strong>mal) exchange of in<strong>for</strong>mation about market
surveillance programs and outcomes of the EU-Member States and AQSIQ and local CIQ’s to
enhance the practical cooperation between AQSIQ/CIQ and EU market surveillance authorities.
Improvement of effectiveness of market surveillance and en<strong>for</strong>cement in the entire production
chain
The outcomes of the <strong>Joint</strong> <strong>Action</strong>s, ran by Prosafe, will be presented to the Chinese colleagues and
a discussion will be held to discover possibilities to align the export controls of the CIQ’s with the
European import controls. (The contents of) testing programs from both sides will be exchanged.
Improvement of non-food product safety
The ambition of the project is to examine how seamless market surveillance could work in practice
taking toys manufactured in China and distributed to the European market as an example.
The outcome of the project is more coordinated and adjusted market surveillance from producer
to consumer. A proposal <strong>for</strong> a practical intercontinental market surveillance pilot <strong>for</strong> 2012-2014
will be developed.
Progress indicators
The progress in the project will be monitored in the following indicators:
• Timely production of deliverables as they will be defined in the envisaged Grant
Agreement.
• Number of participants attending the meetings in the <strong>Joint</strong> <strong>Action</strong>.
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9. Approximate total costs by categories and subsidy requested
No.
1
Participant and activity
Member States (market surveillance authorities)
Project leader:
1 st phase:
Kick off <strong>for</strong> participants and stakeholders, Brussels, 5 working days.
2 nd phase:
Preparation meeting <strong>for</strong> officials to go to China, 5 working days.
Visit to China, 15 working days.
Visit from China to EU, 15 working days.
3 rd phase:
One-day-workshop in Europe ‘evaluation’, 5 working days.
4 th phase:
One day meeting to develop practical pilot 2012-2014, 5 working days.
Final conference, 5 working days
Other activities:
Project management, 10 working days
Teleconferences with China, 5 working days
Final reporting, 5 working days
In total 75 working days <strong>for</strong> the project leader
Member States in core group (3 Member States), per Member State:
1 st phase:
Kick off <strong>for</strong> participants and stakeholders, Brussels, 5 working days.
2 nd phase:
Preparation meeting <strong>for</strong> officials to go to China, 5 working days.
Visit to China, 15 working days.
Visit from China to EU, 15 working days.
3 rd phase:
One-day workshop in Europe ‘evaluation’, 5 working days.
4 th phase:
One-day meeting to develop practical pilot 2012-2014, 5 working days.
Final conference, 5 working days
Others:
Final reporting, 2 working days
In total 57 working days <strong>for</strong> each of 3 Member States
Other Member States (6 Member States), per Member State:
1 st phase:
Kick off <strong>for</strong> participants and stakeholders, Brussels, 3 working days.
Following the project, 2 working days.
3 rd phase:
One-day workshop in Europe ‘evaluation’, 3 working days.
Following the project, 2 working days.
4 th phase:
Final conference, 3 working days
Following the project, 2 working days.
Others:
Final reporting, 2 working days
In total 14 working days <strong>for</strong> each of 6 Member States
Grand total 330 working days <strong>for</strong> Member States
Total
costs
66,000 €
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No.
2
3
Participant and activity
Project coordinator (PROSAFE consultant)
1 st phase:
Kick off <strong>for</strong> participants and stakeholders, Brussels, 5 working days.
2 nd phase:
Preparation meeting <strong>for</strong> officials to go to China, 5 working days.
Visit to China, 35 working days (out of which 20 are covered from the <strong>Joint</strong>
<strong>Action</strong> 2010 budget).
Visit from China to EU, 15 working days.
3 rd phase:
One-day workshop in Europe ‘evaluation’, 5 working days.
4 th phase:
One-day meeting to develop practical pilot 2012-2014, 5 working days.
Final conference, 5 working days
Others:
Project management, 5 working days
Teleconferences with China, 5 working days
Final reporting, 5 working days
In total 70 working days (covered from this budget)
Travel costs
1 st phase:
Kick off <strong>for</strong> participants and stakeholders, Brussels, 10 Member States +
PROSAFE consultant, 11 journeys.
2 nd phase:
Preparation meeting <strong>for</strong> officials to go to China, Project leader + 3 core
Member States + PROSAFE consultant, 5 journeys.
Visit to China, Project leader + 3 core Member States + 2 PROSAFE consultants,
6 journeys (out of which travel costs <strong>for</strong> two journeys and per diems <strong>for</strong> one
journey are covered from the <strong>Joint</strong> <strong>Action</strong> 2010 budget).
Visit from China to EU, Project leader + 3 core Member States + PROSAFE
consultant, 5 journeys.
3 rd phase:
One-day workshop in Europe ‘evaluation’, Project leader + 3 core Member
States + PROSAFE consultant, 5 journeys.
4 th phase:
One-day meeting to develop practical pilot 2012-2014, Project leader + 3 core
Member States + PROSAFE consultant, 5 journeys.
Final conference, 10 Member States + PROSAFE consultant, 11 journeys.
Others:
3 additional travels in Europe (outreach activities and others) <strong>for</strong> Project
leader + PROSAFE consultant, 6 journeys.
Total
costs
50,400 €
70,596 €
In total 48 travels in Europe
Plus 4 travels to China (paid from this budget)
Accountancy, administration and auditing
Accountancy services provided by PROSAFE, 12 working days @ 500 €
4
Administrative support (<strong>for</strong> recording of Member States’ contributions in kind
and follow-up), 12 working days @ 450 €
12,900 €
External audit at the end of the project by independent auditing company,
1,500 €.
5
PROSAFE general management
PROSAFE general management, 4 working days @ 750 €
3,000 €
6 Overhead (7 %) 14,203 €
Total project costs 217,099 €
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The budget is based on the below presumptions:
• A total of 10 Member States participate in the project;
• A rate of 200 € per working day is applied as an initial estimate of the Member States’
contribution in kind.
• The consultancy fee is budgeted at 720 € per working day including VAT;
• Travel costs <strong>for</strong> EU travels are budgeted at 600 € per travel (flight ticket) plus 232 €/day
to cover subsistence expenses.
• Travel costs <strong>for</strong> China travels are budgeted at 4,500 € per travel (flight ticket) plus 134
€/day to cover subsistence expenses.
• The budget is in line with the principle laid down in the MoU: Travel and subsistence
costs shall be covered by the sending party. The receiving party will support the incoming
delegations in their practical organisation of a mission as appropriate.
A total subsidy of 151,099 € is requested. This corresponds to 69.60 % of the total project costs.
(The final budget will be adjusted to fit within the financial envelope provided by the European
Commission in its call <strong>for</strong> proposals – 150,000 €.)
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