Market surveillance

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Mišljenje EGSO-a: Market surveillance

Key points:

The Committee:

  • welcomes the provisions of the proposed regulation and is pleased to note that the previous sector specific provisions will be amended and brought together in a single, strengthened, cross-cutting regulation;
  • concurs with the legal basis but believes that reference should also be made to Article 12 of the Treaty on the Functioning of the European Union (TFEU), which states that consumer protection is a cross-cutting policy whose "requirements shall be taken into account in defining and implementing other Union policies and activities";
  • considers that a regulation is the most appropriate form for facilitating cooperation and exchanges between Member States and between individual Member States and the EU. It feels that the package proposed by the Commission meets the proportionality and subsidiarity requirements established by the treaties. The Member States remain fully responsible for national market surveillance and external EU border controls and their financing;
  • considers that respect for manufacturing and trade secrets should not prevent warnings from being issued when user health or safety might be affected by one of the components of the product in question;
  • believes that members or employees of surveillance and customs authorities should provide guarantees of their honesty and independence and be protected from possible pressure or attempts to corrupt them in the exercise of their duties. People notifying faults or risks in relation to a product must be given protection, in particular against legal action, and their identity should remain confidential.

Other relevant EESC opinions:

For more information please contact the INT Section Secretariat.