Core Coordination Tasks
It is our belief that under the current EMARS project a very useful suite of tools is being developed that has already contributed to a general improvement in the climate for cooperation at the European level. The core tasks identified under EMARS II would seek to continue these basic coordination activities and further develop them to strengthen and augment the existing level of cooperation. At the same time the tools developed under the current EMARS project would provide a basis for the information exchange under the other themes we go on to develop under the modular approach proposed for EMARS II. This would also have the advantage of ensuring that all member states participating even at the lowest level in EMARS II would benefit from the results of the entire project. Liaison would also be maintained with other regulatory committees and ADCOs, customs authorities, other ongoing market surveillance initiatives, with market surveillance authorities from jurisdictions outside Europe and with external stakeholders. Many of the initiatives undertaken within EMARS II could also serve as the basis for broader international collaboration with jurisdictions outside Europe.
A. Best Practices
Under the current EMARS project an effort has been made to identify best practice related to market surveillance techniques and these are being set down in a Book to be published at the end of the project. This marks an excellent first step towards encouraging a more constant approach to market surveillance throughout the EU. At the same time there is a need to evaluate the use of the book over a longer period of time, to examine the need to develop best practice in new areas and to develop guidance material to help implement the best practice contained in the Book for specific product groups. The activities undertaken under this theme would then be directed towards assessing the practical application of the Book developed under the current EMARS project and then also using the Book as the basis for more detailed guidance in respect of specific products, sectors or directives and regulations. Attention will also be given to identifying Best Practice with respect to cooperation with Customs. EMARS II can provide a platform for examining how to implement many of the conclusions of the Saalfelden conference on Preventing Imports of Dangerous Products. The recommendations of the conference call for example for the development of appropriate best practice guidelines.
B. Management and Planning of Future Joint Actions and Coordinated Market Surveillance Activities
Discernable improvements can already be detected in the operation of the European Commission’s Action 8 under the community action plan. More joint actions are being proposed and with the lighters project a novel approach has been adopted with Stichting PROSAFE as the contracting party with the Commission. At the same time there is tremendous scope in increasing the number of joint actions within the meaning of Action 8 and also in promoting coordinated actions that do not require substantial Community funding. At the same time all this needs to be done in a more rigorous and objective manner. The implementation of joint actions would also benefit from the development and application of appropriate of best practices. The project would seek to identify the best practice emerging from the joint actions undertaken in the past few years. In particular, regard would be had to the experience being gained with the large number of member states participating in the cigarette lighters project, the collaboration with customs being undertaken in this and other projects and to identifying different levels of engagement that member states can have in joint actions so as to encourage as many member states as possible to participate in joint actions in the future. The best practice so identified would be used to develop guidelines and procedures for the more efficient execution of joint actions.
C. Risk Assessment
Risk assessment cuts across a number of activities foreseen under EMARS II. We obviously foresee the further evaluation and improvement of the best practice developed under EMARS. However in addition and in response to a need identified during the development of IRAG we also propose to develop training materials and a training module for risk assessment. We also propose to integrate risk assessment into the Rapid Advice Forum establishing an informal standing group of risk assessment experts to advise on risk assessment cases within the RAF. This group would also be able to provide advice to work on standards. We will also consider the establishment of a collection of “contentious” risk assessment cases and how they were resolved to be used as a sort of manual for market surveillance authorities (see for example: http://ec.europa.eu/enterprise/cosmetics/doc/manual_borderlines_version40.pdf). We will also investigate the feasibility and the best way of setting up a system for collecting and publishing data on probability factors. Consideration will also be given to the role of risk assessment in promoting closer collaboration with Customs. It is furthermore envisaged holding an annual risk assessment forum in the field of non-food consumer safety. This forum could be held in conjunction with a training event and would help promote the development and implementation of best practice in risk assessment for non-food consumer products.
D. Market surveillance guidance material for external stakeholders
The majority of business seeks to carry on its activities in a responsible manner and desires to comply with the appropriate legislation. In order to help business fulfil its obligations guidance material has been developed e.g. Corrective Action Guide. The pace of regulatory developments in Europe however requires that such guidance be revised periodically to keep it up to date. Other guidance material may also be required to be developed. International initiatives aimed at promoting good practice amongst the business community are also to be welcomed and supported.
The current Corrective Action Guide would be revised with particular regard to the finding of the Commission’s stocktaking report that return rates of recalled products especially lesser value products are very low. Best practice in improving rates of returns from recalls would be examined and where appropriate incorporated into the corrective action guide.
E. Training
EMARS has developed a training strategy. The strategy foresees a programme based around six pillars. These are
1. National training in Member States
2. Web based learning
3. Workshops
4. Exchange of officials
5. Joint projects
6. Train the trainers
We propose to further develop a training programme based on these pillars and carry out a number of pilot schemes that should point the way to the future implementation of the training strategy developed under the current EMARS project. Initiatives are envisaged to include European train the trainers events, European level training events on specific topics, examination of web-based training based on the EMARS Best Practice Book, coordinating the exchange of officials and using joint actions as the basis for training. The training programme would also provide training concerning the tools that have been developed within the first EMARS project and that are being further enhanced under this project e.g. Rapid Advice Forum an the Knowledge Base. This will also serve to help promote the more widespread use of these tools at the national level. Consideration will also be given to the feasibility of joint training with customs officials.
F. Continuous Improvement of National Market Surveillance Programs
With the GPSD, the ongoing revision of the New Approach and the development of the scoreboard for better consumer markets the European Union is moving towards more explicit requirements and obligation being placed on market surveillance authorities. One way to help national authorities continually improve their own programmes would be through mutual inspection visits and objective independent assessment of their activities. This activity will build on the exchanges of officials currently being undertaken and identified as an important part of the training strategy and also seek to examine the feasibility of developing criteria for independent audits of national market surveillance programmes. Regards will be had to the previous experience what the Mutual Joint Visit Programme, the activities in the food safety sector and other relevant initiative undertaken for example by the OECD.
G. Standards related activities
European Standards form the primary reference sources for very many market surveillance activities. It is imperative for their consistent application by market surveillance authorities that the market surveillance authorities have confidence in the content of the standards and can apply them correctly. This implies that market surveillance authorities participate in the development of standards and that there is feedback from the particular experience of the adequacy of the European standards that is to be gained through market surveillance activities. An active participation of the national authorities has been encouraged at a political level throughout the development and implementation of the New Approach. However whilst other stakeholders such as consumers, trade unions, SMEs and environmental groups have developed networks to coordinate their participation and thereby ensure the efficient use of their resources, national administrations have not to date coordinated their activities to the same degree.
The over-riding objective of this activity is to coordinate the input of national market surveillance authorities into the standards development process. This is not to be done by replacing or even supplementing participation at the national level with direct representation at the European level but rather through improving the transparency and efficiency of participation at the national level. This will be achieved through maintaining an inventory of national activities and through coordinating the direct participation of market surveillance authorities in their national standards bodies. At the same time effective feedback mechanisms could be developed on the back of the information systems developed within EMARS and expected to be further developed especially in the case of joint actions and national market surveillance activities under EMARS II. Through the coordination activities the project may also be in a position to offer support and advice of the Commission on mandates and the process of publishing references in the Official Journal under the GPSD.
H. Liaison with Notified Bodies
Under the revision of the New Approach the activities of the notified bodies are to be much more closely monitored. Much of this work is to be undertaken by European Accreditation (EA). At the same time it would also be useful for there to be greater coordination between the notified bodies and national market surveillance authorities with respect to the interpretations they apply with respect to the European Standards and in the absence of such standards the test protocols they apply. Some effort could then be made to improve the liaison between the groups of notified bodies that already meet and he national market surveillance authorities. We also propose to undertake research into the feasibility and options for reference laboratories for non-food consumer products.
Detailed description of the deliverables of the joint action
Core Coordination Tasks
• The continued operation and further development of the RAF
• The continued operation and further development of the Knowledge Base
• Annual compilation of market surveillance plans and the identification of joint actions and coordinated activities amongst the member states
• Six coordination meetings
• Two workshops and a final conference
• Dissemination of the results of the project
• Strategy for the further enhancement of market surveillance after the completion of the project
A. Best Practice
• Practical guidance to apply the EMARS Best Practice Book to different product sectors
• Guidelines, checklists and other material related to other issues where best practice can be identified
B. Management and Planning of Future Joint Actions and Coordinated Market Surveillance Activities
• Development of best practice handbook for the planning and implementation of joint actions
• Annual inventory of national market surveillance plans
• Annual programmes of joint actions and coordinated market surveillance activities
C. Risk Assessment
• Establishment of RAF type risk assessment group
• Manual of contentious risk assessment sand how they were resolved
• System for collecting and publishing data on probability factors.
• Risk Assessment training materials
D. Market surveillance guidance material for external stakeholders
• Analysis of stakeholder needs
• Revision of existing corrective action guide if the need is identified
• Production of other deliverables depending on needs identified
E. Training
• Development of Training programme based on EMARS Training Strategy
• Development of appropriate materials
• Delivery of pilot European train the trainer events and specialised European training events
• Help delivery of pilot national training events
F. Continuous improvement of national market surveillance programmes
• Development of criteria for peer review
G. Standards related activities
• Inventory of standards projects of interest to market surveillance authorities
• Procedure for ensuring results of market surveillance actions are fed into standards committees
• Development of protocol for participation of national authorities in European standardisation – where should this take place – relations with consultants and other NGOs,
• European level coordination of activities by national market surveillance authorities through establishment of European Network
H. Liaison with Notified Bodies
• Survey national market surveillance authorities on issues arising out of relations with notified bodies
• Identify best practice in respect of these issues
• Establish links with groups of notified bodies
Report on the feasibility and options for reference laboratories for non-food consumer products