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New Market Surveillance Package explained

30/09/2014

The European Nursery Products Confederation (ENPC) gave an informative presentation at Kind und Jugend detailing the effect that the proposed new Market Surveillance Package will have on manufacturers and suppliers in the nursery sector throughout Europe.

The Package includes a multiannual plan for the surveillance of products in Europe with 20 proposed actions over the next three years which include proposals from the European Parliament and the Council on Consumer Product Safety and the Council on Market Surveillance.

The objective of the new Consumer Product Safety Regulation (CPSR) is to ensure the proper functioning of the internal market whilst maintaining a high level of health, safety and consumer protection and to guarantee the protection of vulnerable consumers, in particular the young children that use our industry’s products. Distance selling, such as online sales, is included in the scope as well as second hand products re-entering the supply chain via commercial sales. Penalties for non-compliance with this revised Regulation include a fine of up to 10% of a company’s annual turnover.

An ‘Indication of Origin’ has also been introduced and manufacturers will be required to indicate the origin in English only ‘made in (country)’ which is universally understood. This will reduce technical difficulties and burdens for SMEs as well as ensuring the safety warnings are easier for consumers to understand. Manufacturers will also have to ensure that products bear a type, batch or serial number identifying their products and improving traceability. The Commission will be required to draft black lists of companies which repeatedly infringe regulation safety rules and make this public.

Under the Market Surveillance Regulation (MSR) a joint action has been submitted which calls for the European Commission to create and coordinate a Pan European Injuries Database within two years. Technical files containing the information regarding manufacturer, materials, testing, etc. must be kept for 10 years and be produced following a reasoned request from enforcement agencies. Also, the distinction between non-compliant products and products posing a risk has been introduced and it is believed this will prevent products that present no risk being reported on RAPEX, however, the amendment requiring RAPEX to only include products presenting a serious risk has not been adopted which may result in an increase in products reported here.

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