Market Surveillance - Key issues from a consumer perspective

On 13 February 2013, the European Commission published a product safety and market surveillance package which comprises a draft regulation on consumer product safety, a draft regulation on market surveillance and a multi-annual action plan on market surveillance. In this position paper, we give recommendations on the provisions we believe need to be modified in the Commission’s proposal for a regulation on Market Surveillance in order to ensure the highest level of consumer protection.

We call for:

1. Clarification of the scope as far as environmental and food contact materials legislation is concerned;
2. The precautionary principle to remain a must;
3. Consumers to be informed immediately in case of danger;
4. Business secrets not to take precedence over the right of consumers and the public to be informed;
5. Penalties to be proportionate and dissuasive, taking into account various criteria such as the level of infringement, illegal profits and potential damage to consumers;
6. Better cooperation between consumer organisations and market surveillance authorities;
7. Internet sales to be covered;
8. A pan-European accident and injuries database to be set-up.