Warsaw 5 th november 2012
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Market Surveillance System of non-food products in Poland. Warsaw, 5 th November 2012. Main points. Structure of the Market Surveillance System of non-food products (MSS) in Poland. Role of the President of the Office of Competition and Consumer Protection in the Polish MSS.

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Warsaw, 5 th November 2012

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Warsaw 5 th november 2012

Market Surveillance System

of non-food products in Poland

Warsaw, 5thNovember 2012


Warsaw 5 th november 2012

Main points

  • Structure of the Market Surveillance System of non-food products (MSS) in Poland.

  • Role of the President of the Office of Competition and Consumer Protection in the Polish MSS.


Warsaw 5 th november 2012

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 andof the Council of 9thJuly 2008 setting out the requirements for accreditation and market surveillance relating to the marketing ofproducts 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

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


Warsaw 5 th november 2012

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).


Warsaw 5 th november 2012

Structure of the MSS in Poland

The Ministry of the Economy and the Ministry of Transport and the Ministry of Digitalization

Trade Inspection

Market Surveillance System of non-food products

President of Competition and Consumer Protection Office

General Product Safety Directive 2001/95/EC

(non-harmonised consumer products)

Regulation (EC) No. 765/2008

and about 25 new approach directives

(harmonised consumer and industrial products)

9 independent inspections


Warsaw 5 th november 2012

Market Surveillance Authorities

LabourInspection

Inspection for EnvironementalProtection

Trade Inspection

Office of Competition and Consumer Protection

Construction Control Authority

Office of Electronic Communications

Market Surveillance Department

Road Transport Inspection

StateMining Authority

Rail Transport Office

3 MaritimeOffices


Warsaw 5 th november 2012

Role of the OCCP President in the MSS

cooperates with the European Commission (e.g. elaborating and publishing National Market Surveillance Programmes, attending ADCOs meetings and Joint Actions);

monitors the market surveillance system (e.g. elaborating raports) and cooperates with national market surveillance authorities as well as customs authority;


Warsaw 5 th november 2012

Role of the OCCP President in the MSS

conducts administrative proceedings against non-compliant (12 new approach directives) and unsafe products (General Product Safety Directive 2001/95/EEC);

plans market surveillance actions (inspection plans) for Trade Inspection;


Warsaw 5 th november 2012

Role of the OCCP President in the MSS (2)

acts as the nationalcontact point of the EC RAPEX system (Rapid Alert System for non-food consumer products)

(http://ec.europa.eu/consumers/dyna/rapex/rapex_archives_en.cfm).

operates the national register of unsafe and non-compliant products

(http://publikacje.uokik.gov.pl/hermes3_pub/WebEngine/DocumentSearchForm.aspx?CDC=PublicRWN);


Warsaw 5 th november 2012

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).


Warsaw 5 th november 2012

THANK YOU FOR ATTENTION

MARKET SURVEILLANCE DEPARTMENT THE OFFICE OF COMPETITION AND CONSUMER PROTECTION tel. (+4822) 55 60 390fax: (+4822) 827 03 04

email: [email protected]

www.uokik.gov.pl


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