Consumer Product Safety & Market Surveillance

Transcription

1 Consumer Product Safety & Market Surveillance Stephen Russell, ANEC Secretary-General CEOC-EUROLAB-IFIA Safety Seminar 27 November 2013, Brussels

2 Content ANEC in brief Are consumer products safe? What is missing? Conclusions

3 The Single Market

4 The Problem The New Approach was a model of co-regulation (a private/public partnership). So too is the New Legislative Framework which incorporated the New Approach from 1 January Standardisation is a private activity, unlike legislation, and European standardisation in CEN/CENELEC is based on national delegations. Yes, participation of all national stakeholders is encouraged in the development of European Standards... but business has most to gain from influencing the content of standards and has the knowledge and resources to participate. Moreover, national consumer expertise in standardisation is fragmented in many countries or simply does not exist.

5 So consumer participation... has been centralised at the European level since 1995 The European Association for the Co-ordination of Consumer Representation in Standardisation (or The European consumer voice in standardisation )

6 Are consumer products safe? Most consumers think market surveillance will protect them from buying unsafe products. But this is not true as market surveillance means different things in different countries. Even the best laws and standards become worthless if they are not applied or enforced. In 2012, the total of RAPEX notifications increased by 26%. Clothing, textiles and fashion items (34%), toys (19%) were the most common categories. Injuries, chemical risks & strangulation were the most notified risks. A sign of better enforcement or more unsafe products? Source: RAPEX annual report 2012

7 Are consumer products safe? In 2012, 27% of consumers thought a significant number of non-food consumer products sold in Europe was unsafe. In 2011, the figure was 25%. Notable differences among Member States. Best perceived safety levels in Estonia, Finland & UK. Most dissatisfaction in Cyprus, Greece, & Romania. The financial crisis has had an enormous impact on national consumer environments. Has product safety become a luxury? Source: 2012 Eurobarometer survey, 7th Consumer Markets Scoreboard

8 Product Safety Package (PSP) February 2013 Commission publishes its proposal for a Product Safety Package, comprising a Consumer Product Safety Regulation (CPSR) Market Surveillance Regulation (MSR) Multiannual Market Surveillance Plan June 2013 IMCO published its draft legislative reports on the two draft Regulations. IMCO votes on 17 October. Both reports adopted with amendments. IMCO gave mandate to open negotiations with the Council on 6 November. Adoption by Parliament and Council expected in the present legislature (before May 2014).

9 ANEC view on adopted CPSR report Regarding the CPSR, inter alia, we welcome: Explicit reference to the precautionary principle (a totem of consumer protection, important in the context of TTIP); CPSR to be explicit in addressing child-appealing products & the needs of vulnerable consumers; That penalties are to be dissuasive and proportionate to the size of the infringement; BUT Will consumer safety be improved by: the Country of Origin mark? the EU Safety Tested label?

10 ANEC view on adopted MSR report Regarding the MSR, inter alia, we welcome: Explicit reference to the precautionary principle; Creation of a pan-european accident & injuries database; Clarification of the scope; Consumers being informed immediately in case of danger; The inclusion of internet sales; Better cooperation between economic & societal interests and market surveillance authorities; Penalties to be used to finance market surveillance activities and be an effective deterrent against non-compliance.

11 CE marking ANEC opposes the use of CE marking on consumer products or their packaging as: it is not meant for consumers it misleads consumers CE = caveat emptor for consumers Our particular concern is the allusion to CE marking as a mark of safety for consumers TÜV Product Service study of UK consumers (2010): 73% said they believed CE marking on an electrical product meant it was safe; 79% horrified and worried or felt misled 35% called for CE marking to be monitored EESC video: (2013) CE marking should be relegated to the technical file of a product and not used on the product or its packaging

12 Safety label (or CE Plus marking) Most consumers believe products bought on the European market are inherently safe, irrespective of origin or marking Consumers prefer brand names as reassurance of safety but may look for marks associated with other characteristics of the product, such as its environmental impact 1 ANEC cautions against adoption of a new, voluntary mark in an environment of already inadequate market surveillance & enforcement activities Following the harmonised product legislation, we think the CPSR should provide the possibility to choose an appropriate conformity assessment level depending on: the risks a product may pose and/or the categories of consumers at risk 1 Source: EFTA study on marks (2008)

13 Conclusions There is a long-standing and ever-more urgent need to establish a European framework for market surveillance & enforcement, with more financial & human resources. The value of any mark depends on the mechanisms used to award the mark and the requirements behind the mark. Hence, in principle, any discussion concerning a mark is about conformity assessment, the drivers behind the type of assessment used, and the controls of the system. We therefore believe it better to focus on the aspects of conformity assessment than marks themselves. The European Safety Label (or CE Plus marking) is not the answer to the faults of CE marking. CE marking itself needs to be fixed.

14 Thank you Raising standards for consumers