BPMA: Market Surveillance is a key element of a fair and efficient EU internal market:
10/12/2013 BPMA (British Pump Manufacturers Association Ltd)
BPMA met with the National Measurements Office (NMO) in October to raise its concerns about blatant non-conforming Circulators being placed on the UK Market. Their concerns were duly acknowledged and BPMA will be working with the NMO over the coming months to address the situation.BPMA believes that Market Surveillance is a key element of a fair and efficient EU internal market for the following reasons:-
- It should ensure that products placed on the community market comply with EU regulations and do not pose any safety and environmental threats for users and the public at large
- It should ensure a level playing field/fair competition on the market
- It should safeguard the coherence of the European regulatory framework, the consistency of which depends on effective enforcement
However, whereas consumer goods benefit from well organised and efficient market surveillance, capital goods (pumps) suffer from a certain lack of focus - market surveillance tends to be more reactive (eg. Following an accident) than preventative.
For such reasons the following are considered by Orgalime (the pan European Electrical and Mechanical Engineering Industry Association)" to be the key elements of an effective market surveillance strategy that can safeguard the competitiveness and interests of such as the pump sector;
1. Allocation of sufficient resources (both financial and staff) to market surveillance authorities so they can actively control compliance of machinery entering the European market.
2. The setting up of a common Commission- Member States co-operation platform under Regulation 765/2008/EC, with an industry advisory forum for preparing Europe wide targeted campaigns focusing on certain products or product categories with a view to achieving maximum effectiveness with limited resources. The decision on the areas to be selected would be made after consultation with stakeholders, including the industry affected by non-compliant products
3. A better coordination of market surveillance and harmonisation of enforcement practices (e.g. a common approach to risk assessment) with colleagues in other EU Member States: it is of the utmost importance to enhance mutual confidence, avoid double checks and maximise the use of human resources for multiple and intelligent market surveillance activities.
4. The establishment of close relations between market surveillance and custom authorities: all customs officials should receive training to help them identify potentially non-compliant products (e.g. by making use of the manufacturer's declaration of conformity, as requested for all harmonised products
5. The implementation of actions as early as possible in the supply chain: the earlier the products are checked in the supply chain, the less damage they cause on the market if they are not compliant. This should apply first of all to imported goods.
6. Setting up an agreement between the EU Member States to meet a set of essential requirements for efficient Europe wide market surveillance. This requires deterrent sanctions against rogue traders (e.g. fines, destruction of non compliant goods at the responsible market operator's expenses).Sanctions should be considered also against conformity assessment bodies (e.g. economic or related to accreditation), if necessary.
7. The Commission to finance , e.g. within the framework of the European Structural funds, assistance to Member States whose geographic or economic conditions place them in a weaker position to fight against illegal trade and unlawful imports from abroad. This is especially true for countries with maritime ports, where 90% of the goods imported into the EU transit every day.
8. Cooperation with colleagues outside the European Union: close cooperation between all authorities involved in customs controls and market surveillance from the main EU trade partners, and in particular EU neighbours, is necessary to ensure that most imported machines are compliant.
9. Internal coordination at national level across the various authorities involved in the enforcement of different legal requirements (health and safety, environment, energy efficiency-€¦) because machinery often has to comply with various types of regulatory requirements.
10. Increased awareness among market operators about the working methods and actions through a European awareness campaign (including awareness about the obligations related to the affixing of the CE marking and about sanctions in case of non-compliance), Economic players should be encouraged to inform authorities about non-compliance.
For more information, please visit: www.bpma.org.uk
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