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Paul Coebergh van den Braak Chairman, BUSINESSEUROPE WG on Free Movement of Goods Also PowerPoint Presentation
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Business views on Safety and Surveillance package. Paul Coebergh van den Braak Chairman, BUSINESSEUROPE WG on Free Movement of Goods Also Philips - IP&S. P Coebergh van den Braak. 2013-05-29. Package benefits to be preserved. Pursuit for safe and compliant products

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Business views on Safety and Surveillance package

Paul Coebergh van den Braak

Chairman, BUSINESSEUROPE WG on Free Movement of Goods

Also

Philips - IP&S

P Coebergh van den Braak

2013-05-29

package benefits to be preserved
Package benefits to be preserved
  • Pursuit for safe and compliant products
  • Simpler, clearer and more consistent legal framework on product safety and market surveillance
  • Should lead to
    • lower compliance cost
    • better enforcement, giving a level playing field and fewer non-compliant products
msr scope and definitions
MSR scope and definitions
  • Good to cover not only safety but product compliance aspects for all public interests
  • Necessary to distinguish
    • Safety risk from other non-conformity issuescalling everything “risk” will cause confusion
    • Various degrees of safety riskmagnitude, likelihood
    • Material from formal non-compliance less severe measures for paperwork-only issues
what is a risky product
What is a risky product?
  • Now: multiple interpretations
  • Example: lighter model – Greece  NL
  • Good measures to improve:
    • Risk assessment – first check compliance with harmonized requirements and standards
    • Cross-border co-op, EU level assessments review
    • Business input in EU MS-Forum will help
  • But option for action upon a risk despite presumed conformity = legal uncertainty
    • Proportionality and burden of proof!
    • Effective appeal procedures essential
towards a stronger surveillance system
Towards a stronger surveillance system
  • Lack of financial resources: need for
    • Political will (MS’s)
    • Good organization, facilities, competent officers
      • Authorities must know and apply the law
      • Good: more horizontal co-op and border controls
      • Shared labs: clarify role; subject to accreditation
      • Border controls: no unnecessary hold up
  • Fees and penalties: caution
    • Target rogue traders, not bona fide players
    • No incentives for unjustified controls or actions!
    • Penalties: proportionate, dissuasive, focus on real, harmful non-compliance
concerns
Concerns
  • We hear suggestions to introduce more third party certification
    • Should not become broadly mandatory for products
    • Costly but will not contribute to more compliance:
      • Will be forged, burden lands on the good players
      • Creates more unlevel playing field
      • No replacement for surveillance and enforcement
  • Commissions implementing powers
    • Anchor transparancy and stakeholder consultation in the legal text