Information systems for harmonised decision-making
1. The Commission shall establish and maintain an information and communication system for the collection, processing and storage of information, in a structured form, on issues relating to the interpretation or application of the rules laid down in or pursuant to this Regulation, with the aim of ensuring the harmonised application of those rules.
In addition to the Commission and Member States, market surveillance authorities, the single liaison offices appointed under Article 10(3) of Regulation (EU) 2019/1020, the authorities designated under Article 25(1) of Regulation (EU) 2019/1020, notifying authorities, representatives of the group of notified bodies and of the organisation of TABs, and product contact points for construction shall be able to access the information and communication system.
2. The bodies listed in paragraph 1 may use the information and communication system to raise any question or issue related to the interpretation or application of the rules laid down in or pursuant to this Regulation, including their relationship to other provisions of Union law.
3. For the purposes of paragraph 2, the bodies listed in paragraph 1 may raise questions or issues related to the following topics:
(a)
the application or interpretation by any other body of the rules laid down in, or pursuant to, this Regulation in a way that diverges from their own practice;
(b)
questions or issues raised through the information and communication system related to the situation they are confronted with or to their own practice;
(c)
situations not foreseen by the rules laid down in or pursuant to this Regulation when first published or referred to in the Official Journal of the European Union , especially but not limited to situations brought about by the emergence of new products or business models;
(d)
whether the rules laid down in or pursuant to this Regulation apply to a situation to which other provisions of Union law also apply and the resulting question of which rules are to prevail.
4. When raising a question or issue, the relevant body shall enter into the information and communication system information concerning:
(a)
any decision taken in relation to the question or issue raised;
(b)
the rationale behind the approach taken;
(c)
any alternative approach it has identified and its rationale.
5. Member States shall establish a national information system or email distribution service to inform their competent national authorities, the economic operators active on their territory, TABs and notified bodies with place of business on their territory and, on request, also other TABs and notified bodies, on all matters relevant for the correct interpretation or application of the rules laid down in or pursuant to this Regulation. In doing so, they shall take into account the information available in the information and communications system referred to in paragraph 1.
6. Competent national authorities, TABs and notified bodies with a place of business in the respective Member State shall register themselves in the system or for the email distribution service and take account of all information transmitted via them. Economic operators may register themselves in the system or for the email distribution service. Member States shall take appropriate measures to bring the system or email distribution service to the attention of economic operators.
7. The national information system or email distribution service shall be able to receive complaints from any natural or legal person, including TABs and notified bodies, on the uneven application of the rules laid down in or pursuant to this Regulation. If deemed appropriate, the single liaison point shall forward such complaints to their peers in other Member States and to the Commission.
Product contact points for construction
1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/1724 and that they coordinate with the product contact points for mutual recognition established pursuant to Article 9(1) of Regulation (EU) 2019/515 of the European Parliament and of the Council ( 29 ) .
2. Product contact points for construction shall provide, at the request of an economic operator or a competent national authority of another Member State, any useful product related information, such as:
(a)
electronic copies of, or online access to, the national technical rules and national administrative procedures applicable to products in the territory in which the product contact points for construction is established;
(b)
information on whether those products are subject to prior authorisation under national law;
(c)
rules applicable to the incorporation, assembling or installation of products.
Product contact points for construction shall also provide information on product related provisions of this Regulation and of acts adopted in accordance with it.
3. Product contact points for construction shall provide information free of charge within 15 working days of receiving any request under paragraph 2.
4. Product contact points for construction shall be able to carry out their functions in a manner that avoids conflicts of interest, particularly in respect of the procedures for obtaining the CE marking.
5. Paragraphs 1 to 4 apply also to products which have not yet been covered by harmonised technical specifications.
6. The Commission shall publish and keep up-to-date a list of the national product contact points for construction.
Training and exchange of staff
1. Market surveillance authorities, product contact points for construction, designating authorities, TABs, notifying authorities, and notified bodies shall ensure that their staff:
(a)
keep up-to-date in their area of competence and receive periodic additional training to that end; and
(b)
receive periodically training on the harmonised interpretation and application of the rules laid down in or pursuant to this Regulation.
2. The Commission shall, periodically and at least once a year, organise training events jointly for the staff of market surveillance authorities, product contact points for construction, designating authorities, notifying authorities, and notified bodies. The Commission shall organise these training events in cooperation with the Member States.
The training events shall be open to the participation of the staff of the authorities designated under Article 25(1) of Regulation (EU) 2019/1020, the single liaison offices appointed under Article 10(3) of Regulation (EU) 2019/1020 and, where appropriate, of other authorities of the Member States involved in the implementation or enforcement of this Regulation.
3. The Commission may organise, in cooperation with the Member States, programmes for the exchange of staff between the market surveillance authorities, notifying authorities, and notified bodies of two or more Member States.
Shared roles and joint decision-making
1. In order to fulfil their obligations under this Regulation with regard to market surveillance, designation and supervision of TABs, notified bodies, and product contact points for construction, Member States may designate:
(a)
a body or authority set up in cooperation with another Member State or other Member States for the purpose of joint designation;
(b)
a body or authority already designated by another Member State for the same purpose, in cooperation with that Member State.
The Member States concerned shall jointly ensure that the shared bodies or authorities meet all relevant requirements. They shall be jointly responsible for them, whilst decisions taken towards natural or legal persons on a certain Member State shall be legally attributable only to that Member State.
2. The authorities of different Member States may, without prejudice to their individual obligations under this Regulation or other legislative acts, share resources and responsibilities in order to ensure the harmonised application or effective enforcement of this Regulation.
To that end, they may also:
(a)
take joint decisions, especially in relation to joint cross-border activities or in relation to economic operators active on the territory of the relevant Member States;
(b)
establish common projects, such as joint market surveillance or testing projects;
(c)
pool resources for specific purposes, such as building up testing capacity or for internet surveillance;
(d)
delegate the execution of tasks to a peer authority of another Member State, whilst staying formally responsible for the decisions taken by that authority;
(e)
transfer a task from one Member State to the other, provided that such transfer is clearly communicated to all concerned.
The relevant Member States shall be jointly responsible for the actions taken in accordance with this paragraph.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
