Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Union Product Compliance Network
1. A Union Product Compliance Network (‘the Network’) is hereby established. 2. The purpose of the Network is to serve as a platform for structured coordination and cooperation between enforcement authorities of the Member States and the Commission, and to streamline the practices of market surveillance within the Union, thereby making market surveillance more effective.
Composition and functioning of the Network
1. The Network shall be composed of representatives from each Member State, including a representative of each single liaison office referred to in Article 10 and an optional national expert, the chairs of ADCOs, and representatives from the Commission. 2. Separate or joint ADCOs shall be established for the uniform application of Union harmonisation legislation. ADCOs shall be composed of representatives of the national market surveillance authorities and, if appropriate, representatives of the single liaison offices. ADCOs meetings are intended only for representatives of market surveillance authorities and the Commission. Relevant stakeholders, such as organisations representing the interests of industry, small and medium-sized enterprises (SMEs), consumers, testing laboratories, standardisation and conformity assessment bodies at Union level, may be invited to attend the ADCOs meetings depending on the subject matter of discussion. 3. The Commission shall support and encourage cooperation between market surveillance authorities through the Network and participate in the meetings of the Network, its sub-groups and the ADCOs. 4. The Network shall meet at regular intervals and, where necessary, at the reasoned request of the Commission or a Member State. 5. The Network may establish standing or temporary sub-groups dealing with specific questions and tasks. 6. The Network may invite experts and other third parties, including the organisations representing the interests of industry, SMEs, consumers, testing laboratories, standardisation and conformity assessment bodies at Union level, to attend meetings as observers or to provide written contributions. 7. The Network shall use its best endeavours to reach consensus. Decisions taken by the Network shall be legally non-binding recommendations. 8. The Network shall establish its own rules of procedure.
Role and tasks of the Network
1. In carrying out the tasks set out in paragraph 2, the Network shall address general, horizontal issues of market surveillance with a view to facilitating the cooperation among single liaison offices, as well as the Commission. 2. The Network shall have the following tasks: (a) to prepare, adopt and monitor the implementation of its work programme; (b) to facilitate the identification of common priorities for market surveillance activities and the exchange of information across sectors on evaluations of products, including risk assessment, test methods and results, recent scientific developments and new technologies, emerging risks and other aspects relevant to control activities and on the implementation of national market surveillance strategies and activities; (c) to coordinate ADCOs and their activities; (d) to organise cross-sector joint market surveillance and testing projects and define their priorities; (e) to exchange expertise and best practices, in particular regarding the implementation of national market surveillance strategies; (f) to facilitate the organisation of training programmes and exchanges of personnel; (g) in collaboration with the Commission, to organise information campaigns and voluntary mutual visit programmes between market surveillance authorities; (h) to discuss questions arising from cross-border mutual assistance mechanisms; (i) to contribute to the development of guidance to ensure the effective and uniform application of this Regulation; (j) to propose the financing of activities referred to in Article 36; (k) to contribute to uniform administrative practices with regard to market surveillance in the Member States; (l) to provide advice and assist the Commission with issues related to the further development of RAPEX and the information and communication system referred to in Article 34; (m) to promote the cooperation and exchange of expertise and best practices between market surveillance authorities and authorities in charge of controls at the Union's external borders; (n) to promote and facilitate collaboration with other relevant networks and groups, with a view to explore possibilities for using new technologies for the purposes of market surveillance and traceability of products; (o) to evaluate regularly the national market surveillance strategies, the first such evaluation taking place by 16 July 2024; (p) to take up any other issues in activities within the remit of the Network, with the aim of contributing to the effective functioning of market surveillance within the Union.
Role and tasks of administrative cooperation groups
1. In carrying out the tasks set out in paragraph 2, ADCOs shall address specific matters related to market surveillance and sector specific issues. 2. ADCOs shall have the following tasks: (a) to facilitate the uniform application of Union harmonisation legislation within their area of competence with a view to increasing the efficiency of market surveillance throughout the internal market; (b) to promote communication between market surveillance authorities and the Network and develop mutual confidence between market surveillance authorities; (c) to establish and coordinate common projects, such as cross-border joint market surveillance activities; (d) to develop common practices and methodologies for effective market surveillance; (e) to inform each other of national market surveillance methods and activities and to develop and promote best practices; (f) to identify issues of shared interest relating to market surveillance and suggest common approaches to be adopted; (g) to facilitate sector-specific evaluations of products, including risk assessments, test methods and results, recent scientific developments and other aspects relevant to control activities.
Role and tasks of the Commission
The Commission shall have the following tasks: (a) to assist the Network, its sub-groups, and the ADCOs by means of an executive secretariat that provides technical and logistic support; (b) to keep and make available to the single liaison offices and ADCO chairs an updated list of ADCO chairs, including their contact information; (c) to assist the Network in preparing and monitoring its work programme; (d) to support the functioning of the Product Contact Points having duties assigned by Member States in relation to Union harmonisation legislation; (e) to determine, in consultation with the Network, the need for additional testing capacity and to propose solutions for that purpose, in accordance with Article 21; (f) to apply the instruments of international cooperation referred to in Article 35; (g) to provide support for the establishment of separate or joint ADCOs; (h) to develop and maintain the information and communication system referred to in Article 34, including the interface referred to in Article 34(7), as well as the interface with national market surveillance databases, and provide information to the public by means of that system; (i) to assist the Network to perform preliminary or ancillary work in connection with the implementation of market surveillance activities linked to the application of Union harmonisation legislation, such as studies, programmes, evaluations, comparative analyses, mutual joint visits and visit programmes, exchange of personnel, research work, laboratory work, proficiency testing, inter-laboratory tests and conformity assessment work; (j) to prepare and assist in the implementation of Union market surveillance campaigns and similar activities; (k) to organise joint market surveillance and testing projects, and common training programmes, to facilitate exchanges of personnel between market surveillance authorities and, where appropriate, with the market surveillance authorities of third countries or with international organisations, and to organise information campaigns and voluntary mutual visit programmes between market surveillance authorities; (l) to carry out activities under programmes of technical assistance, cooperation with third countries and the promotion and enhancement of Union market surveillance policies and systems among interested parties at Union and international level; (m) to facilitate technical or scientific expertise for the purpose of implementing market surveillance administrative cooperation; (n) to examine, at the request of the Network or on its own initiative, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation.
Information and communication system
1. The Commission shall further develop and maintain an information and communication system for the collection, processing and storage of information, in a structured form, on issues relating to the enforcement of Union harmonisation legislation, with the aim of improving the sharing of data among Member States, including for the purpose of requests for information, providing a comprehensive overview of market surveillance activities, results and trends. The Commission, market surveillance authorities, single liaison offices, and authorities designated under Article 25(1) shall have access to that system. The Commission shall develop and maintain the public user interface of this system, where key information for end-users about market surveillance activities shall be provided. 2. The Commission shall further develop and maintain electronic interfaces between the system referred to in paragraph 1 and national market surveillance systems. 3. Single liaison offices shall enter the following information in the information and communication system: (a) the identity of the market surveillance authorities in their Member State and areas of competence of those authorities pursuant to Article 10(2); (b) the identity of the authorities designated under Article 25(1); (c) the national market surveillance strategy drawn up by their Member State under Article 13 and the results from the review and assessment of the market surveillance strategy. 4. Market surveillance authorities shall enter into the information and communication system in relation to products made available on the market for which an in-depth check of compliance has been carried out, without prejudice to Article 12 of Directive 2001/95/EC and Article 20 of this Regulation, and where applicable, in relation to products entering the Union market for which the process for the release for free circulation has been suspended in accordance with Article 26 of this Regulation, in their territory, the following information concerning: (a) measures according to Article 16(5) taken by that market surveillance authority; (b) reports of testing carried out by them; (c) corrective action taken by economic operators concerned; (d) readily available reports on injuries caused by the product in question; (e) any objection raised by a Member State in accordance with the applicable safeguard procedure in the Union harmonisation legislation applicable to the product and any subsequent follow-up; (f) where available, failures by authorised representatives to comply with Article 5(2); (g) where available, failures by manufacturers to comply with Article 5(1). 5. Where market surveillance authorities consider it useful, they may enter into the information and communication system any additional information related to the checks they perform and results of testing carried out by them or at their request. 6. Where relevant for the enforcement of Union harmonisation legislation and for the purpose of minimising risk, customs authorities shall extract from national customs systems information on products placed under the customs procedure ‘release for free circulation’ related to the enforcement of Union harmonisation legislation and transmit it to the information and communication system. 7. The Commission shall develop an electronic interface to enable the transmission of data between national customs systems and the information and communication system. This interface shall be in place within four years from the date of adoption of the relevant implementing act referred to in paragraph 8. 8. The Commission shall adopt implementing acts specifying the details of implementation arrangements for paragraphs 1 to 7 of this Article, and in particular the data processing to be applied on data collected in accordance with paragraph 1 of this Article, and defining the data to be transmitted in accordance with paragraphs 6 and 7 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).
International cooperation
1. In order to improve the efficiency of market surveillance in the Union, the Commission may cooperate with and exchange market surveillance related information with regulatory authorities of third countries or international organisations within the framework of agreements concluded between the Union and third countries or international organisations. Any such agreements shall be based on reciprocity, include provisions on confidentiality corresponding to those applicable in the Union, and ensure that any exchange of information is in accordance with applicable Union law. 2. The cooperation or exchange of information may relate, inter alia, to the following: (a) risk assessment methods used and the results of product-testing; (b) coordinated product recalls or other similar actions; (c) the measures taken by market surveillance authorities under Article 16. 3. The Commission may approve a specific system of product-related pre-export control carried out by a third country on products immediately prior to their export into the Union in order to verify that those products satisfy the requirements of the Union harmonisation legislation applicable to them. The approval may be granted in respect of one or more products, in respect of one or more categories of products or in respect of products or categories of products manufactured by certain manufacturers. 4. The Commission shall produce and maintain a list of those products or categories of products with regard to which approval has been granted as referred to in paragraph 3 and shall make this list available to the public. 5. Approval may only be granted to a third country under paragraph 3 if following conditions are satisfied: (a) the third country possesses an efficient verification system of the compliance of products exported to the Union, and the controls carried out in that third country are sufficiently effective and efficient to replace or reduce import controls; (b) audits within the Union and, if relevant, in the third country demonstrate that products exported from that third country to the Union satisfy the requirements set out in Union harmonisation legislation. 6. Where such an approval has been granted, the risk assessment applied to import controls for those products or categories of products entering the Union market, referred to in paragraph 3, shall include the granted approvals. Authorities designated under Article 25(1) may however carry out controls on those products or categories of products entering the Union market, including in order to ensure that the pre-export controls carried out by the third country are effective to determine compliance with Union harmonisation legislation. 7. The approval referred to in paragraph 3 shall specify the competent authority of the third country under whose responsibility the pre-export controls are to be performed and that competent authority shall be the counterpart for all contacts with the Union. 8. The competent authority, referred to in paragraph 7, shall ensure the official verification of the products prior to their entry into the Union. 9. Where controls on products entering the Union market referred to in paragraph 3 of this Article reveal significant non-compliance, the market surveillance authorities shall notify immediately the Commission through the information and communication system referred to in Article 34 and adapt the level of controls on such products. 10. The Commission shall adopt implementing acts approving each specific system of product-related pre-export controls, referred to in paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2). 11. The Commission shall regularly monitor the correct functioning of the approval granted under paragraph 3 of this Article. The Commission shall adopt implementing acts withdrawing that approval where it is revealed that the products entering the Union market do not comply with Union harmonisation legislation in a significant number of instances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2). The Commission shall immediately inform the third country concerned thereof. 12. The system of product-related pre-export control shall be evaluated in accordance with Article 42(4).
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.