Market Surveillance System
of non-food products in Poland
Warsaw, 5th November 2012
Main points
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.
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).
Structure of the MSS in Poland
The Ministry of the Economy and
the Ministry of Transport and
the Ministry of Digitalization
Market Surveillance System of non-food products
President of Competition and Consumer Protection Office
Regulation (EC) No. 765/2008
and about 25 new approach
directives
(harmonised consumer and industrial
products)
9
independent
inspections
General Product Safety
Directive 2001/95/EC
(non-harmonised consumer
products)
Trade
Inspectio
n
Market Surveillance Authorities
Labour
Inspection
Office of
Electronic
Communica
tions
State
Mining
Authority
Trade
Inspection
Inspection for
Environemental
Protection
Construction
Control
Authority
Office of
Competition and
Consumer
Protection
Market
Surveillance
Department
Rail
Transport
Office
3 Maritime
Offices
Road
Transport
Inspection
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
3) conducts administrative proceedings against
non-compliant (12 new approach directives) and
unsafe products (General Product Safety
Directive 2001/95/EEC);
4) plans market surveillance actions (inspection
plans) for Trade Inspection;
Role of the OCCP President in the MSS (2)
5) operates the national register of unsafe and noncompliant products
(http://publikacje.uokik.gov.pl/hermes3_pub/WebEngin
e/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_arc
hives_en.cfm).
Role of stakeholders in the MSS
• 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).
THANK YOU FOR ATTENTION
MARKET SURVEILLANCE DEPARTMENT
THE OFFICE OF COMPETITION AND CONSUMER PROTECTION
tel. (+4822) 55 60 390
fax: (+4822) 827 03 04
email: [email protected]
www.uokik.gov.pl