
With
parliament’s vote on 17th October 2013 on new legislation on consumer
product safety and market surveillance, two reports have been adopted
comprising further improvements to the Commission’s proposals from 13th
February 2013. This signifies an ambitious step to increase product
safety compliance in Europe.
CEOC
International, IFIA and EUROLAB welcome in particular the enhancement
of duties of economic operators, and suggest that, to ensure that
product legislation in Europe is uniformly applied by all parties
involved, both proposals are aligned as much as possible to the
provisions of the goods package.
CEOC
International, IFIA and EUROLAB welcome the awareness of MEPs about the
shortcomings of the actual CE-Marking especially with respect to
consumers. This becomes apparent by the adoption of the recital 14 a
(new) and the broad support of compromise amendment 4. By introducing a
‘EU Safety Tested’ Marking MEPs seek to improve product compliance. We
emphasise the value of these measures applying to consumer products in
both the harmonised and non-harmonised sectors.
‘EU Safety Tested’ Marking
The
adoption of the amendment on ‘EU Safety Tested’–Marking signifies a
substantial improvement to the rapporteur’s introduction of
‘CE+’–Marking. CEOC
International, IFIA and EUROLAB welcome in particular the principal idea
to enhance product safety compliance by the means of product testing by
accredited independent third party bodies before products are placed on
the market.
However
we strongly believe that further substantial amendments would be
necessary to establish a robust Safety Tested Marking. What should be
amended?
· The
principles of accredited product certification must be fulfilled in
accordance with the harmonized Standard ISO/IEC 17065:2012 “Requirements
for bodies certifying products, processes and services”.
· The
Mark must be based on a type examination of the product, a conformity
evaluation and decision on conformity of the product with specified
requirements relating to product safety, followed by ongoing production
monitoring.
· To
facilitate traceability and enhance transparency in the market, the
mark of the “accredited independent third party body” should be linked
to the new Mark. The accredited independent third party body, as owner
of its mark, is in the position to undertake the necessary protection
measures when a product bears the Safety Mark in combination with this
mark without proper authorisation.
· In accordance with directive 1999/34/EC and 85/374/EEC for defective products1 and
decision 768/2008 on a common framework for the marketing of products,
manufacturers are liable for the products placed on the market and their
compliance with community requirements. Accredited independent third
parties are liable for conformity assessment activities such as testing,
inspection or certification.
11999/34/EC and 85/374/EEC (Article 1: The producer shall be liable for damage caused by a defect in his product.)