Businesses should not take the role of market surveillance authorities and both sides would need to respect each other’s role. The published before the Christmas holidays Market Surveillance Draft Regulation, however, hides the risk of creating market surveillance bodies with superpowers. As usual, the devil is in the details. CECED’s Director-General, Paolo Falcioni said the proposal of the European Commission might allow market surveillance authorities to raid manufacturing facilities without a notice and take samples for testing for free. But the formula for success is different, he explained, it is the good mix of physical checks of the product and market surveillance authorities that have access to sufficient human and financial resources.
Speaking at the Breakfast Panel discussion “Consumer Products: Are we getting the safety we expect?”, hosted by the Danish MEP Christel Schaldemose (S&D) at the European Parliament on 24 January 2018, Paolo Falcioni emphasised that “the level of safety is only one” and that the industry would not make any compromise on the health of citizens. At the same time, the measure should not go further than that and apply penalties with the same weight to possible minor administrative concerns.
Our association has been the first to predate this “Memorandum of understanding” back in 2009, we called it ATLETE (Appliance Testing for Energy Label Evaluation). We know from experience that this method will work”, Paolo Falcioni told the audience.
He concluded by saying that with a number of new regulations, such as the new energy label directive, the role of market surveillance experts will be key and providing unlimited power should not be the way forward.