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Internal Market, Industry, Entrepreneurship and SMEs

Market surveillance for products

Market surveillance ensures that non-food products on the EU market do not endanger European consumers and workers. It also ensures the protection of other public interests such as the environment, security and fairness in trade. It includes actions such as product withdrawals, recalls and the application of sanctions to stop the circulation of non-compliant products and/or bring them into compliance.

Why market surveillance is important

Market surveillance is crucial for the smooth functioning of the single market. It helps protect

  • consumers and workers against unsafe products and general non-compliance
  • businesses from unfair competition by those who ignore the rules

What the European Commission does

EU market surveillance legislation

EU market surveillance legislation provides

  • clear and uniform rules applying to non-food products and economic operators
  • requirements (infrastructure, organisation, legal powers, etc.) to ensure that market surveillance can cope with enforcing EU legislation
  • streamlined market surveillance procedures for controlling products within the EU and at its borders (import controls)
  • tools to coordinate activities carried out by national surveillance bodies across the EU (e.g. discussion forums, IT databases, and common market surveillance campaigns)

List of harmonisation legislation subject to Regulation (EU) 2019/1020

This document provides an overview of EU harmonisation legislation covered by Regulation (EU) 2019/1020 on market surveillance and compliance of products. It is a non-binding guidance document, which is only intended to facilitate the application of the regulation.

Overview of penalties for non-compliance with the Market Surveillance Regulation

This document provides an overview of penalties in EU countries for violations of Regulation (EU) 2019/1020 (Market Surveillance Regulation) as well as breaches of Union harmonisation legislation listed in Annex II of the regulation.

EU countries notified the penalties listed in the document to the European Commission under Article 41(3) of the regulation. Some EU countries provided specific provisions, and some provided references to their legislation. The document will be updated with additional information when the Commission receives it.

Please note that the information provided in this document is for information purposes only and is not legally binding. For complete and up-to-date information, please consult the market surveillance authorities of the respective EU countries.

Guidance on tasks of economic operators under Article 4 of the new Market Surveillance Regulation

The new Market Surveillance Regulation (EU) 2019/1020 obliges economic operators in the EU to share information and cooperate with market surveillance authorities. This guidance document explains the communication channels between economic operators and market surveillance authorities to ensure that sellers of certain categories of products have a designated representative established in the EU.

Guidance on the application of Article 9 regarding joint activities to promote compliance

This guidance document is intended as a guide for the implementation of Article 9 of Regulation (EU) 2019/1020 on market surveillance and compliance of products by market surveillance authorities and other participants in the agreements foreseen in the above-mentioned regulation.

EU Testing Facilities

Union testing facilities will support market surveillance actions, which will enhance testing capacity, reliability and consistency. Article 21 of the Market Surveillance Regulation and procedures set in the Commission Implementing Regulation designates them. The first call for expression of interest has resulted in the selection of two laboratories for toys and radio equipment. The second call for expression of interest has been published.

EU support for market surveillance

The Commission supports the development of a common understanding of market surveillance issues and cooperation among national authorities through actions such as