Market
Surveillance Authorities find themselves often in a situation in which they
have to decide if a certain product conforms to the general safety requirement
of a certain directive (e.g. GPSD, LVD, Toys, PPE …) and/or if a product is
covered by these directives. If no standards, national legislation,
recommendations or safety codes exist for this product, or if these documents
do not take into consideration all safety aspects of this product, this
decision will need to take into consideration the state and art of technology
and/or the reasonable consumer expectations concerning safety. In these cases
it will be necessary to make a judgement call based on experience and the
results of a risk analysis.
To assure a
correct and non-biased result, it would be very useful if the individual market
surveillance officers could get a rapid and informal first assessment and
feed-back from fellow officers (from other member-states). This assessment and
feedback given by individual market surveillance officers will be based on
their personal experience and expertise. Their opinion will NOT necessarily
reflect the opinion of their member-state and will in any case never be
regarded as a binding opinion of a member-state. The member state receiving the
assessment is in no way obliged to take this assessment and feedback in
consideration.