1 pl. powstańców warszawy 1 00 – 950 warsaw tel. (48-22) 55 60 390 fax. (48-22) 827 03 04 e –...
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Pl. Powstańców Warszawy 1
00 – 950 Warsaw
Tel. (48-22) 55 60 390
Fax. (48-22) 827 03 04
www.uokik.gov.pl
e – mail: [email protected]
The Office for Competition and
Consumers’ Protection
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MARKET SURVEILLANCEMARKET SURVEILLANCE IN POLAND IN POLAND
an example of the horizontal approach
Renata Wolanin
Director of the Market Surveillance Department
The Office for Competition and
Consumers’ Protection
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UOKiKOffice for Competition and ConsumerOffice for Competition and Consumers’s’ Protection Protection
Competition State Aid
Consumer Policy
Market
Surveillance
General Product Safety
New Approach Directives
Fuels
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SYSTEMS of CONTROLS• New Approach Directives
– from 1st of May 2004– 23 directives (without medical devices)– OCCP: co-ordination role in market surveillance
• General Product Safety Act– from 31st January 2004 – transposing GPSD 2001/95/EC – OCCP: application of measures
• Quality of the fuels – from 1st May 2004– strategic planning with some involvement in
controls
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GENERAL
PRODUCT
SAFETY
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Market surveillance in the field of general product safety (GPS)
LEGISLATION
• introduces safety requirements for consumer products not subject to sectoral legislation
• sets out additional obligations on producers and distributors (e.g. notifications)
• nominates the authorities competent to monitor the safety of products (defines the tasks, powers and organisation)
• provides measures with the purpose to ensure that producers and distributors comply with their obligations and that dangerous products are eliminated from the market
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Market surveillance in the field of general product safety (GPS)
1. The President of the OCCP: measures
2. The Trade Inspection : controls
(16 regional offices with the co-ordination on the central level)
In addition:
• The Council of Ministers (legislation),
• The Ministry of Health (consumers’ accidents).
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Market surveillance in the field of general product safety (GPS)
LEGAL INSTRUMENTS
• adequate measures (alerting consumers, withdrawal from the market,
recall from consumers, destruction of dangerous product, safety
instruction)
• proportionality of measures
• preferences for voluntary action of producers and distributors
• legal basis for urgent Community actions (art. 13)
• publicly available register of dangerous products
• legal basis for RAPEX
• penal provisions
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Market surveillance in the field of general product safety (GPS)
20042004• Trade Inspection: 2 300 controls,
10 000 products examined
• OCCP: 106 cases examined
• 63 investigations (administrative proceedings)
• 55 voluntary actions taken by producers,
9 decisions of the OCCP
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Market surveillance in the field of general product safety (GPS)
2004 investigations – types of products
others3
electrical products
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toys - 6
simple tools - 6
furnitures10
childcare products
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lighters14
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Market surveillance in the field of general product safety (GPS)
2004 cases – sources of information
companies9%
others11%
consumers18%
Trade Inspection
62%
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Market surveillance in the field of general product safety (GPS)
2004
• 3 joint surveillance projects – NETWORK (candles, high chairs, baby beds)
• PROSAFE project on the concept of serious risk
• 15 notification from producers on dangerous products
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NEW
APPROACH
DIRECTIVES
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Market Surveillance forNew Approach Directives
• HORIZONTAL LEGISLATION – HORIZONTAL LEGISLATION – Parliamentary ActParliamentary Act
• SECONDARY LEGISLATION –SECONDARY LEGISLATION –
transposition of specific provisions of transposition of specific provisions of DirectivesDirectives
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Market Surveillance forNew Approach Directives
HORIZONTAL LEGISLATION
• definitions
• notified bodies, accreditation, designation, notification
• CE marking
• harmonized standards
• market surveillance
• penalties
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Market Surveillance forNew Approach Directives
HORIZONTAL LEGISLATION - MARKET SURVEILLANCE
•authorities competent to monitor the compliance with NAD (tasks, powers and organisation, co-operation with customs)
• application of measures• uniformed procedure for controls • information for consumers / users (register)• internal exchange of information• protection of CE marking
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Market Surveillance forNew Approach Directives
• The President of the OCCP The President of the OCCP is responsible for monitoring the system
• Inspections:Inspections:
1) the Trade Inspection
2) the Labour Inspection
3) the President of the State Mining Authority
4) the President of the Office for Telecommunication and Post
Regulation
5) the President of the Office for Railway Transport
6) construction control authorities
7) the Inspection for Environmental Protection
8) Maritime Offices
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Market Surveillance forNew Approach Directives
OCCPOCCP• contact point for campaigns concerning product
safety and other requirements• RAPEX contact point• co-ordination of controls• statistics and information• reporting to the Council of Ministers• international co-operation• concordats with Inspections and customs
administration on co-operation and Steering Committee
• register of non-compliant products
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Market Surveillance forNew Approach Directives
Inspections - CONTROL POWERS
•request information
•ask for documents and explanations
•take samples of products for testing
•test the products
•apply measures
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Preference for voluntary measures
before applying any measures, Authority sets a
time limit for the producer to voluntarily :
– make product compliant with the essential make product compliant with the essential
requirements orrequirements or
– withdraw product from the marketwithdraw product from the market
Market Surveillance forNew Approach Directives
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Market Surveillance forNew Approach Directives
Measures
• withdrawal from the market
• recall from consumers
• ban on placing products on the market
• destruction of the product
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Products not compliant with specific safety requirements
Other Products
Products not compliant
with essential requirements
Dangerous products
IH
PIP
customs authority
GUNB
UM
UTK
WUG
URTiP
IOŚ OO
CC
CC
PP
Publicly
available data
data available
only for
inspections
Market Surveillance - Flow of information
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Market Surveillance forNew Approach Directives
20042004• new inspectors employed• adequate finance resources for training and
controls • 1000 inspectors trained by OCCP and many
more internally by Inspections (training programs)
• customs officers trainning programme• IT system (data base and statistics)• publications and training materials for
inspectors
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Market Surveillance forNew Approach Directives
May - DecemberMay - December ofof 2004 – results2004 – results (provisional data)
• 6 200 controls (reactive and pro-active campaigns)• 13 000 products controlled• 560 products questioned (mostly
documentation, marking and safety instructions)
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Market Surveillance forNew Approach Directives
20052005• CE campaign for consumers
• 8500 controls planned (+ interventions)
• more training
• new publications (horizontal, LVD, Toys, machinery, others)
• International projects (e.g.: PPE guide, SOGS, Baltic Initiative)
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Market Surveillance forNew Approach Directives
• horizontal legislation - easy to use for inspectors and industry
• uniformly high level of enforcement• transparency of the system• sharing of resources: joint actions,
common trainings• avoiding unnecessary duplications• common approach to problems
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Market Surveillance forNew Approach Directives
• uniformed criteria for designation of NB• eased external co-operation (EC, customs,
international programmes) • contact point for industry and consumers• easy access to information and statistics• consumer protection considered as a
whole (NAD + GPSD)
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Pl. Powstańców Warszawy 1
00 – 950 Warsaw
Tel. (48-22) 55 60 390
Fax. (48-22) 827 03 04
www.uokik.gov.pl
e – mail: [email protected]
The Office for Competition and
Consumers’ Protection