Work Package 6 – Concerted actions on new and arising issues posing challenges to market surveillance and enforcement
Work Package Leader: National Agency for New Technologies, Energy and Sustainable Economic Development, Italy
Work Package Coordinator: vores bureau, Denmark
To investigate emerging issues linked to new risks, new standards or product legislation, new products or technologies detected on the market that hinders effective and enforceable market surveillance. Our aim is to specify how such challenges can be illuminated or in other ways tackled with a purpose to be able to conduct a market surveillance inspection.
Market surveillance inspectors increasingly encounter challenges with verifying compliance of regulated products. Challenges range from very simple ones, like obtaining a random specimen for verification testing purposes, to challenges with very large products where traditional laboratory test methods cannot be applied ― if the product models can even be located.
This Work Package is being designed to be able to take rapid action through the setting up of dedicated task groups on the identified issues for market surveillance raised at short notice by members of the two relevant ADCO groups.
This work package will address some of the challenges faced by MSAs in conducting and enforcing market surveillance with an aim to specify ways to overcome these challenges. Some of the possible known challenges are:
- Obtaining a random specimen for verification testing in laboratory: Many industry products are not available from stock, and even only produced to order. If testing cannot be conducted on a random specimen, without involving the manufacturer/legal representative, then understanding if and to what level the results would be questionable in respect to enforcement is of utmost importance. Aim is to identify which procedures/actions can be applied in such cases;
- Large products/systems: open issues are if there are laboratories available capable of testing, possibilities for MSAs to identify when the product is “placed on the market” and where to locate these products;
- Batch compliance: Market surveillance at present verifies 1-3 specimens of a specific product model(s). But, how can we assure, that the documentation evaluated or product model tested, actually represents further specimens from mass production often produced in different years?
- Software updates: increasingly relevant as more and more product types are controlled by software that is being regularly updated. The energy labelling regulation sets new demands in this respect: if updating of software causes detriment compared to what is indicated on the label, end-users must be given the option of accepting or refusing the update. Possibilities to inspect and enforce these demands could be explored by the project working group;
- Verification testing of complex products: what measures can be used by MSAs if the suppliers do not supply the necessary information on settings, etc. Should a standardised testing approach (test conditions/standard settings) be defined in order to overcome this situation?
- New regulations, new standards – or standards being so vague that enforcement is not possible;
- Defeat devices understood as product design or features existing only to circumvent verification testing or avoiding regulation completely by ensuring the product is out of scope of the regulations.
6 Market Surveillance Authorities and 5 other organisations from the following 9 countries: Austria, Belgium, Czech Republic, Denmark, Italy, Latvia, the Netherlands, Portugal and Spain.