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Market surveillance

Market surveillance for products subject to harmonised European legislation is provided for by Regulation (EC) No. 765/2008 setting out the requirements for accreditation and market surveillance. In France, the Directorate General for Competitiveness, Industry and Services (DGCIS) oversees application of this Regulation.

Regardless of the origin of products, this surveillance aims to ensure compliance with the provisions of European regulations and directives, in particular for the health and safety of consumers, thus providing them with high levels of protection throughout the EU.

Its purpose is also to ensure that consumers have confidence in the products they buy and to support the growth of businesses by ensuring fair competition.

A ban on marketing a product may be introduced when market surveillance controls show that it does not comply with the regulations applicable to it and that it may compromise health or safety. If it is already on sale, its removal from sales outlets or recall from consumers may be ordered and the relevant economic operators may incur sanctions.

Several government departments are responsible for market surveillance; in France, these are the General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) and, for products imported from a non-EU country, the General Directorate of Customs and Excise (DGDDI). Other departments are also involved in sector-specific market surveillance (lifts, measuring instruments, healthcare products, etc.).

Article 18 of Regulation (EC) No. 765/2008 provides that, as from 2010, Member States shall periodically establish market surveillance programmes to be communicated to the Commission and the other Member States and to the public by way of electronic communication.

Contact details of market surveillance authorities of the 27 member states and their market surveillance programmes are available on the website of the European Commission

 

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