Europaudvalget 2016-17
EUU Alm.del Bilag 95
Offentligt
1684259_0001.png
NOTE
10. October 2016
Danish response to the open consultation on market surveillance
General remarks
The Danish government supports the ambition to strengthen efforts in the
area of market surveillance. Globalisation, new technologies and the in-
creasing complexity of products challenge current market surveillance
practices. In addition, increasing e-commerce creates more import activity
from third countries and potentially long supply chains from manufactur-
ers to end users. Therefore, a number of concrete actions and a renewed
commitment of Member States and the Commission are necessary to en-
sure a level playing field for businesses and protection of health, safety
and environment. At the same time, it should be made easier for business-
es to ensure and demonstrate product compliance.
The Danish government welcomes the Commission’s initiative to present
a broader goods package covering both the harmonised and non-
harmonised area as the two areas are, in practice, increasingly interlinked.
Regarding regulation 765/2008, it is to be considered whether the regula-
tion constitutes an up to date framework with clear definitions and obliga-
tions reflecting actual conditions, i.e. the growing importance of the inter-
net and exchange of data between MSAs.
Regarding future priority areas, the Danish government would like to
point to the following key elements:
Information about product legislation
Based on a Danish context, both authorities and business organisations in
general point to lack of knowledge as a core cause of non-compliance.
Businesses mainly demonstrate a willingness to comply but do not always
understand their obligations in practice, e.g. their roles in the supply chain
as fabricant, importer and distributor. This appears to be particularly
problematic in the field of e-commerce.
Strong priority should be given to initiatives aimed at providing more user
friendly guidance and application oriented information. Such information
should target all businesses but particular focus should be put on the
 EUU, Alm.del - 2016-17 - Bilag 95: Notat og dansk høringssvar på Kommissionens høring om mulige tiltag for at sikre øget regelefterlevelse på området for markedsovervågning
2/3
needs of small businesses. Information should be developed through co-
operation and involvement of all stakeholders. The Danish government
supports the considerations of the Commission to make use of the ‘Single
Digital Gateway’ to make relevant information available to citizens and
business. The option of including the product contact point may also be
fruitful. While focusing on businesses, it should also be considered which
kind of information one can present to consumers.
Digital solutions
The Danish government supports the aim to make it easier for businesses
to ensure and demonstrate product compliance. In general, a development
toward digital solutions is desirable. However, it is crucial that procedures
create simplification for businesses in practice and that there is a strong
focus on data quality and security, both for businesses and authorities.
New tools should first and foremost be introduced as a supplement to
existing procedures and the physical market surveillance activities carried
out by MSAs.
A study examining the possibility of developing an international
standard with focus on product compliance
The Danish government proposes that the Commission looks into the pos-
sibility of developing an official, international management system stand-
ard that can be used by businesses in the product area. A potential stand-
ard should help businesses ensure the quality and compliance of products
by focusing on their internal purchase and import procedures. Manage-
ment system standards in the areas of e.g. food safety, environment and
work environment may be used as inspiration. A study to identify possi-
bilities and needs should be carried out and involve the Commission,
MSAs, customs authorities, businesses and standardisation organisations.
Strengthened efforts towards third countries
Due to the increasing import of products from third countries, the Danish
government believes that enforcement initiatives targeting third country
businesses should be given high priority. Today, it appears difficult for
MSAs to identify third country businesses and make them respond to re-
quests. In addition, the businesses are often not familiar with their obliga-
tions. The Commission should focus on more cooperation with third
country authorities, including better possibilities to sanction businesses in
these countries. In addition, stronger coordination with customs authori-
ties across the EU is also crucial. In this respect is it important that levels
of customs supervision are comparable across Member States so that cer-
tain countries do not become unintended loopholes for products to enter
the EU.
 EUU, Alm.del - 2016-17 - Bilag 95: Notat og dansk høringssvar på Kommissionens høring om mulige tiltag for at sikre øget regelefterlevelse på området for markedsovervågning
3/3
Quality and coordination of market surveillance
The Danish government agrees with the Commission that there is a need
for more uniform procedures, better coordination and exchange of infor-
mation across the EU. Nationally, MSAs in Denmark already work risk
based and different kinds of coordination between MSAs are in place.
More use of data and the involvement of private partners in developing
market surveillance initiatives are elements that could be strengthened in
a national context. At EU level, there are a number of well-functioning
practices and systems. However, the use of existing fora should be opti-
mised and the commitment and obligations of Member States should be
more clear, e.g. in the IMP-MSG expert group and especially the ADCO
groups which could be used more to discuss matters of uncertainty in spe-
cific sectors. As for formal decisions, Member States should have the
right to make such decisions in their own country.
Resources and training for MSAs
Regarding training of MSAs and market surveillance inspectors, educa-
tion could be more standardised across Member States. The Commission
should seek to develop a number of modules covering fundamental prin-
ciples. In addition, e-learning facilities and an effective platform for video
conferences should be made available to MSAs. It should be possible to
carry out more tests, share testing facilities and results at EU level, and
MSA’s should be encouraged to commit to such activities. In the light of
limited resources, programmes at EU level should ensure and support
sufficient laboratory capacity.