Guide to the implementation of directives based on the New ...

❝ Market surveillance ❞
mission <strong>the</strong>ir respective ministries for certain priority areas
<strong>of</strong> single market legislation ( 181 ). The main aim behind this
provision is <strong>to</strong> enable governments <strong>to</strong> cooperate with each
o<strong>the</strong>r <strong>to</strong> enforce legislation, mainly through exchange <strong>of</strong>
information, such as data about dangerous products,
inspections and tests carried out in ano<strong>the</strong>r Member State,
low voltage electrical equipment, electromagnetic compatibility;
equipment and protective systems intended for use in
potentially explosive atmospheres; medical devices; gas
appliances; pressure vessels; chemicals; civil explosives;
machinery; mo<strong>to</strong>r vehicles; recreational craft; and different
quality control instruments.
approvals, licensing and audits. This resolution also
requires <strong>the</strong> Member States <strong>to</strong> notify contact points for
enterprises and for citizens, which will be
available <strong>to</strong> help <strong>to</strong> solve problems related
8.7. Products imported from third countries
<strong>to</strong> <strong>the</strong> exercise <strong>of</strong> rights granted <strong>to</strong> <strong>the</strong>m
under single market rules.
The Commission also maintains a database
<strong>of</strong> contact points within Member
States’ administrations for <strong>the</strong> purpose <strong>of</strong>
facilitating contact with <strong>the</strong> administrations
<strong>of</strong> o<strong>the</strong>r Member States. This database is a
● A manufacturer established in a third country is responsible,
in <strong>the</strong> same way as a manufacturer established in a Member
State, for designing and manufacturing a product in accordance
with all applicable New Approach <strong>directives</strong> and for
carrying out <strong>the</strong> required conformity assessment procedure,
where <strong>the</strong> product is intended <strong>to</strong> be placed or put in<strong>to</strong> service
direc<strong>to</strong>ry <strong>of</strong> all <strong>of</strong>ficials, in <strong>the</strong> Member
on <strong>the</strong> Community market ( 183 ).
States and <strong>the</strong> Commission, who have
● The manufacturer may appoint an authorised representative
responsibility for <strong>the</strong> different single market
established in <strong>the</strong> Community <strong>to</strong> act on his behalf (
legislative measures. It is planned <strong>to</strong> make
).
<strong>the</strong> database available on-line on <strong>the</strong> Europa ● Where <strong>the</strong> manufacturer is not established in <strong>the</strong> Community
web site. Thereby it will become directly
accessible <strong>to</strong> <strong>the</strong> <strong>of</strong>ficials concerned. However,
it does not give direct information on
<strong>the</strong> national authorities responsible for carrying
out market surveillance in <strong>the</strong> field <strong>of</strong>
and has no authorised representative in <strong>the</strong> Community, <strong>the</strong>
importer or person responsible for placing <strong>the</strong> product on <strong>the</strong>
Community market may become responsible <strong>to</strong> some
extent ( 185 ).
● Cus<strong>to</strong>ms authorities shall, in <strong>the</strong> case <strong>of</strong> products imported
New Approach <strong>directives</strong>.
from third countries, suspend <strong>the</strong> release <strong>of</strong> goods:
A complementary framework document
* if <strong>the</strong>y find products that display certain characteristics
describing national enforcement structures
which would give rise <strong>to</strong> a serious concern as <strong>to</strong> <strong>the</strong> existence
and procedures has been produced. The
main purpose <strong>of</strong> <strong>the</strong> document is <strong>to</strong> assist <strong>of</strong> a serious and immediate risk <strong>to</strong> health and safety; or
Member States and <strong>the</strong> Commission in * if <strong>the</strong>y find products that are not accompanied by a document
understanding <strong>the</strong> national means <strong>of</strong>
or marked in accordance with applicable rules on
enforcement.
product safety.
Karolus programme
The Karolus programme ( 182 ) provides for
● As regards products covered by New Approach <strong>directives</strong>,
<strong>the</strong> attention <strong>of</strong> cus<strong>to</strong>ms authorities must be drawn, in particular,
<strong>to</strong> <strong>the</strong> CE marking <strong>of</strong> <strong>to</strong>ys.
<strong>the</strong> exchange between Member States’ <strong>of</strong>ficials
who are engaged in <strong>the</strong> enforcement
● Cus<strong>to</strong>ms authorities and market surveillance authorities
<strong>of</strong> Community legislation <strong>to</strong> complete <strong>the</strong>
must keep each o<strong>the</strong>r informed, and take appropriate action
single market. The programme has been
opened <strong>to</strong> <strong>the</strong> participation <strong>of</strong> central and <strong>based</strong> on <strong>the</strong> information received.
eastern European countries, <strong>the</strong> EEA EFTA
States and Cyprus.
The objectives <strong>of</strong> <strong>the</strong> programme are <strong>to</strong> develop a convergent
approach <strong>to</strong> enforcing Community legislation relating
<strong>to</strong> <strong>the</strong> single market, <strong>to</strong> raise awareness <strong>of</strong> <strong>the</strong> European
dimension, <strong>to</strong> build mutual confidence between Member
States’ administrations, and <strong>to</strong> permit cross-fertilisation <strong>of</strong>
ideas.
The Commission decides, on an annual basis, <strong>the</strong> priority
areas for <strong>the</strong> Karolus programme. These have included
conformity testing and market supervision, and in particular
<strong>the</strong> following sec<strong>to</strong>rs: <strong>to</strong>ys; personal protective equipment;
Regulation (EEC) No 339/93 on checks for conformity with
<strong>the</strong> rules on product safety in <strong>the</strong> case <strong>of</strong> products imported
from third countries requires <strong>the</strong> cus<strong>to</strong>ms authorities <strong>to</strong>
be closely involved in <strong>the</strong> market surveillance operations
and information systems provided for under Community and
national rules, in cases relating <strong>to</strong> products from third
countries.
Cus<strong>to</strong>ms authorities are, in particular, requested <strong>to</strong> suspend
<strong>the</strong> release <strong>of</strong> goods that display certain characteristics
which would give rise <strong>to</strong> a serious concern as <strong>to</strong> <strong>the</strong>
existence <strong>of</strong> a serious and immediate risk <strong>to</strong> health and
( 181 ) See Council
Resolution <strong>of</strong> 8 July
1996 on cooperation
between
administrations for <strong>the</strong>
enforcement <strong>of</strong>
legislation on <strong>the</strong>
internal market.
( 182 ) See Council
Decision 92/481/EEC for
<strong>the</strong> period 1993–97,
which was
extended by Council
Decision 889/98/EC
until <strong>the</strong> end <strong>of</strong> 1999.
( 183 ) See Section 3.1.
( 184 ) See Section 3.2.
( 185 ) See Section 3.3.
59