§7.4.1 Market surveillance activities

Market surveillance authorities have to perform appropriate checks on an adequate scale of products made available online and offline (Article 11(1)(a) and 11(3) of Regulation (EU) 2019/1020). For market surveillance to be efficient, a risk-based approach has to be followed (Article 11(3) of Regulation (EU) 2019/1020). Resources should be concentrated where risks are likely to be higher or non-compliance more frequent. The risk-based approach should take into account aspects of products (level of potential hazards, non-compliance and associated risks; occurrence on the market), economic operators (activities and operations, past record of non-compliance) and information about both received from other actors (such as border control authorities, consumer complaints, media) as well as other sources that might indicate non-compliance such as incidents and accidents. Market surveillance authorities do not necessarily check all the possible requirements on, or all properties of, a product. Usually, only some of these requirements and properties are selected for inspection. Checks by market surveillance authorities may include inter alia: — conducting online inspections; — visiting commercial, industrial and storage premises; — visiting, if appropriate, work places and other premises where products are put into service (291);requesting necessary information; and — taking samples of products, and to subject them to examination and testing. The first level of control comprises documentary and visual checks, for example regarding the CE marking and its affixing, the availability of the EU declaration of conformity, the information accompanying the product and the correct choice of conformity assessment procedures. In the case of online checks, the first level of control is checking the information available on the website where the product is offered for sale, potentially followed by requesting compliance documentation or acquiring the product for further inspection. More in-depth checks may, however, be necessary to verify the conformity of the product, for example regarding the correct application of the conformity assessment procedure, the compliance with the applicable essential requirements, and the contents of the EU declaration of conformity. Especially when there are sufficient reasons to believe that a product presents a risk, market surveillance authorities carry out an evaluation in relation to the product concerned covering the requirements of the relevant Union harmonisation legislation (292). Where economic operators present test reports or conformity assessment certificates issued by an accredited conformity assessment body, market surveillance authorities have to take due account of such reports or certificates (Article 11(5) of Regulation (EU) 2019/1020). Voluntary initiatives, such as product certification or application of a quality management system, cannot be put on the same footing as market surveillance activities carried out by an authority. Still, they can contribute to the elimination of risks and non-compliances. However, market surveillance authorities must be impartial regarding all voluntary marks, labels and arrangements: these may only be taken into consideration, in a transparent and non-discriminatory way, for the risk and compliance assessment. Accordingly, products should not be excluded from market surveillance operations even if they have been subject to voluntary certification or other voluntary initiatives.

← 7.4 · All articles · 7.4.1.1 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-07