Belgrade Serbia 11the Novemberr 2010
EMC Market surveillancePrioritizing and planning safeguard procedures cross border campaigns cooperation
Part 1
Bert van Dijk
Radiocommunications Agency
Belgrade, Serbia
11th November 2010
Belgrade Serbia 11the Novemberr 2010
Bert van Dijk
Senior policy officer enforcement
Radiocommunications Agency
The Netherlands
Member EMC/ADCO and WPEMC
ADCO/R&TTE and TCAM
Former chairman ADCO/R&TTE
Belgrade Serbia 11the Novemberr 2010
Subjects
1. MS responsibility Authorities
2. Safeguard procedures
3. Cooperation MS authorities
4. Cross border campaigns
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MSA responsibility (1)
General task marker surveillance Authorities in the Union
EU Decision 765/2008/EC on Accreditation and Market surveillance
Applicable for MSA >>> Chapter III articles 14 to article 26
Title: Community Market Surveillance Framework and controls of products entering the community market
Describe the MS obligations for Member States in the Union
•Member States (read MS) shall organize and carry out effectivelyMarket Surveillance in their country
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MSA responsibility (2)
Member States shall appoint Market Surveillance Authority (MSA)
MSA shall:
Conduct EMC market surveillance
establish procedures for complaints or reports relating to product joined risk
monitor accidents and harm to health
verify that corrective actions have been take
follow up scientific and technical knowledge (state of the art), inclusive concerning safety
MS shall establish and periodically update their Market Surveillance programmes
information shall be available to Commission and public ( first 1 January 2010)
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MSA responsibility (3)
• MS shall inform Commission when products presenting a serious risk (RAPEX)
MS shall apply restrictive measures that
shall be proportional (low <> high risk)
– shall be applied after 10 days period (incl. opportunity of the guilty to be heard)
– shall be withdrawn products or amended after corrective action
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MSA responsibility (4)
Exchange of information with other MSA in the Union and EFTA countries
General information support system (article 23 of decision 765/2008/EC)
ICSMS will be developed by Commission for MSA)
Internet-based Information and Communication System for Europe wide cross-
border Market Surveillance of technical products
Cooperation MSA and Customs (article 29 of decision 765/2008/EC)
Cross border campaigns with other MSA in the Union
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Safeguards (1)
Article 10
In case of non compliance of a product
• Failure to satisfy the essential requirements (harmonized standards)
• Incorrect application of the harmonized standards
• Shortcoming harmonized standards
MSA shall take appropriate measures to withdraw the product form the market
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Safeguards (2)
In case of non compliance of a product
• MSA has to inform the Commission and other Member states
•Commission shall consult the involved parties (economic operator)
(Manufacturer, dealers, importers representatives, distributers)
• When the measure is justified all member states should be informed
• The final decision will be applicable in all member states
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Safeguards (2)
Sales ban mans >>> appropriate measures taken by the MSA to withdraw the product from the market service, prohibit its placing on the market or putting into service or restrict its free movement
Some countries may apply a sales ban against withdrawn or unmodified products (but this does not invoke the safeguard procedures
• Safeguard described in Flowchart agreed by Commission and EMC ADCO
• Safeguard notification form
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Yes
No
Yes
Yes
No
No
Product mar remain on sale
Information on Circa Server
Information on Circa Server
Safeguard procedure
Sales ban (2)
Withdrawn?
Resolved and modified
Dialog with responsible person
Compliance?Test technical compliance of samples
Suspect technical non compliance
Get sample(s)
Administrative non compliance
Expect CE mark
Information on Circa Server
Nationally resolvedDialog with responsible person
Non CE market products found
OVERVIEW OF PROCESS LEADING TO EMC SAFEGUARD NOTIFICATIONS
Responsible person means = economic operator
CIRCA Server = Commission’s information system
1
2
3
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Safeguard Notification form
1. Name of the notifying authority
e. Date
C Notification no
b. Full name and address, telephone and fax numbers, e-mail of the department and of the competent official supplying the information
a.Member State / other
2. Identification of the equipment
h. Other countries in which the equipment is placed on the market
g. Name and address of the importer in the home country (Retailer)
f. Name and address of the manufacturer
e. Name and address of the responsible for placing of the European market
d. Bar Code
c. Type
b.Brand name
a.Name and description
(1)
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Safeguard Notification form
3. Proof of conformity
available to the market surveillance authorityacceptablenot acceptablenot available to the market surveillance
authoritynot requested
Name of notified body: Reference number of technical report:
a.Declaration of conformity issued by a manufacturer or authorised representative following the application of Annex III of the EMC Directive (notified body)
available to the market surveillance authorityacceptablenot acceptablenot available to the market surveillance
authoritynot requested
a.Declaration of conformity issued by a manufacturer or authorised representative following the application of Annex II of the EMC Directive
a.Other markings
yes which one(s)?: no
a.Other Directive(s) covered by CE marking
yesno
a.CE marking
•
(2)
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Safeguard Notification form
•
4. Details of the measures taken
subject of an appeal (Please describe)
the possibility for an appeal exists
firme. Is the measure firm, or can it be the subject of an appeal?
no
Method of notification: Date:
yesd. Has the manufacturer, authorised representative or importer been informed?
c. Brief summary:
Method of notification:
Reference:
Date:
b. References to measures:
Other (please describe)
General measures making the placing of the equipment on the market subject to specific conditions
Prohibition of the placing of the equipment on the market
removal from circulation
a.Type of measure:
retailerImporter into the EEA
Manufacturer
(3)
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Safeguard Notification form
5. Reasons for the measures taken
d. Other e.g. marking, documentation,
Standard (s) reference:c. Shortcomings in the standards referred to in article 6
Standard (s) reference:b Incorrect application of the standards referred to in Article 6
Standard (s) reference:a. Failure to satisfy the essential requirements referred to in Annex I of the EMC Directive, where the apparatus does not comply with the harmonised standards referred to in Article 6
6. Brief description of faults, nature of hazards and/or shortcomings in standards observed*
(4)
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Safeguard Notification form
7. Additional information
page(s)others
page(s)distribution chain
page(s)copy of declaration of conformity
page(s)photographes
page(s)copy of test reports
Paper annexedCirca
Server
(5)
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Experiences with third countries and industry
• Some mass products from third countries are not traceable
• High level of non-compliance of “mass” products
• General no EC marking or DoC
• Name of manufacturer is missing
• Not willing to deliver the technical documentation
• Different importers in the EU
Questions: who is responsible for placing on the EU market?
Importers are badly informed about EMC obligations
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Cooperation MS authorities
Market surveillance is an EU matter
Cooperation between these authorities
27 Member States , included EFTA (Norway and Iceland) and Switzerland
Administrative Cooperation, so called “EMC ADCO”
Exchange of information >>>>>> guidance MSA, only
Exchange national programmes
Main issues are now the Union cross border campaigns
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Responsibility Market Surveillance Authorities
Member States are responsible for the Union
25 % of Products will be import via the harbour Rotterdam
Cooperation with the custom is necessary
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Union Cross border campaign (1)
Market surveillance is in fact not a national issues but for internal market in the Union
ADCO agreed to conduct Union Cross border campaigns
Participation of campaigns is voluntary but all MSA are urged to join the campaigns
Choose of the products will be based on risk assessment procedures
All results of the campaigns are/will be published
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Union Cross border campaign (2)
Purpose is to check the compliance of products
Pending the agreement of the MSA
1. Administrative provisions
CE marking, DoC, type number
2. Checking Technical documentation
Test report and the which measures are taken to fulfil te essential requirements
3. Checking the products) based on the harmonised standards
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Union Cross border campaign (3)
Last cross border EMC campaign 2009/2010
Consumer entertainment electronics products
LCD and Plasma Televisions
DVD and Blue- Ray players for connection to TVs
Applicable standards EN 55013 and EN 55020
Agreed to check
Administrative provisions (CE and DoC)
Emissions and immunity
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Results Consumer Entertainment campaign 2009/2010
79.780.568.871.550.0159Overall
58.476.556.858.736.63DVD player
93.679.587.592.181.339Blu-Ray Player
10010028.685.728.68TV Plasma
90.383.775.969.849,9 49TV LCD/LED
Correctness of
available D
oC
%
Availability
of
DoC
%
Immunity
technical
compliance
%
Emissions
technical
compliance
%
Overall te
chnical
compliance
%
Numbers of
products
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Results Consumer Entertainment campaign 2009/2010
Overview results
•16 member states (expected 27 countries)
•Tested 159 products (representative for all consumer products?
•Overall compliance 50%
•Emissions 71.5%
•Immunity 68.8%
•Available DoC 80.5% and 79.7 % was correct
•Conclusions
•Low level of overall compliance (thus improve the contacts with operators
•to take appropriate measures against non compliance products