Recital 82

(82) The evaluation of Regulation (EU) No 305/2011 showed that market surveillance activities carried out at national level, widely vary in quality and effectiveness. In addition to measures set out in this Regulation and under relevant Union law in favour of better market surveillance, the compliance of economic operators, bodies and products with this Regulation should be facilitated by also involving third parties such as by the possibility of any natural or legal person to submit information on instances of non-compliance through a complaint portal established and maintained by the Commission. The handling of complaints adheres to the right to good administration, as outlined in Article 41 of the Charter of Fundamental Rights of the European Union. In handling the complaints the Commission should take into account the relevance and substantiation of the complaint by prioritising those complaints raising issues having particularly far-reaching negative impacts for citizens or the internal market. For a complaint to be considered substantiated the Commission should particularly check if the complaint manages to set out a grievance or if the grievance sets out an issue where the Commission has adopted a clear, public and consistent position which has been communicated to the complainant. The Commission should reply to the complainant without undue delay and efficiently transmit the complaints to the relevant Member States who should handle these complaints promptly and effectively in accordance with their legal frameworks and obligations.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.