Ref. Ares(2015)103234-12/01/2015 Market Surveillance in Luxembourg Version 1.0 2 January 2015 ILNAS 1
Contents 1. General information 3 2. National coordination 4 3. International coordination 6 4. Sectoral information 6 4.1. Ministry of Economic Affairs 6 4.2. Ministry of Health 8 4.3. Ministry of Sustainable Development and Infrastructure 9 5. Annex 1 2
1. General information Market surveillance is the basic instrument for applying the Directives which are based on the "New Approach". The purpose of market surveillance is to ensure that the provisions of the various European Directives (known as "New Approach Directives") are applied without distinction throughout the European Union. In this way, irrespective of a product's origin, citizens can benefit from the same level of protection anywhere in the Single Market. Market surveillance also has a major part to play in protecting the economic interests of businesses by intervening where instances of unfair competition come to light. In Luxembourg, several Ministerial Departments and administrations are involved in market surveillance. The main player in this area is the Luxembourg Institute for Standardisation, Accreditation, and the Safety and Quality of Products and Services (ILNAS), which comes under the authority of the member of the Government who is responsible for economic affairs. Specific Directives in the field of health are implemented by the Ministry of Health, while Directives with a bearing on the environment are dealt with by the Department for the Environment. 3
2. National coordination ILNAS' mission is to devise and update national sectoral surveillance programmes for each product category or risk category, in accordance with the Directives referred to in the Act of 4 July 2014 reorganising the ILNAS, and to establish priorities and ad hoc methods. ILNAS coordinates the design and implementation of market surveillance programmes. It periodically reviews and, if necessary, adjusts the relevant measures. To this end, a National Coordination Committee has been created, bringing together: the Ministry of Health the Ministry of Sustainable Development and Infrastructure, represented by: * the National Certification and Approval Society [SNCH] * Department for the Environment Customs and Excises the Ministry of State, represented by the Luxembourg Institute for Regulation [ILR] the Ministry of Economic Affairs: * ILNAS * the Commissariat for Maritime Affairs [CAM]. ILNAS organises regular meetings of the National Coordination Committee. 4
Structure of the information system: (PLEASE SEE ORIGINAL) DG SANCO European Commission DG ENTR, ENV, SANCO, etc. Rapex list National market surveillance Statistics & reports 1/week coordination (ILNAS) for the Commission National RAPEX contact point (ILNAS) Competent Ministries RAPEX notification Information Information Ministries of: Employment (ITM), (DG SANCO) sent by e-mail sent by e-mail Transport (SNCH), Health, 1/week (sectors 1/week (competent Environment, Econ. Affairs (ILNAS), concerned) (Ministries) Customs & Excise Dept. Product sold by Information from Market surveillance Notification retailer? the competent under the relevant to the Ministry Directives, using Permanent Rep. procedures designed by in Brussels No Yes the Ministries concerned Products identified as being incompatible with the law? National RAPEX National RAPEX Contact Point Contact Point Information from the informed informed competent Ministry Closure Validation by National RAPEX Information Point Yes No Risk? Internal stats., Yes appropriate action Information Data collection from National RAPEX Contact Point 5
On the right-hand side of the diagram: European Commission Competent Ministry Luxembourg trader National RAPEX contact point (ILNAS) National market surveillance coordination (ILNAS) 3. International coordination As part of its task of providing national coordination of market surveillance, ILNAS represents Luxembourg at meetings of the following bodies: IMP-MSG, which is responsible for issues relating to market surveillance; IMP-ICSMS, which is responsible for issues relating to electronic information exchange. The meetings of the various bodies such as "ADCO", "Working Party", "Standing Committee", "TCAM", Consumer Safety Network, RAPEX Contact Points, etc., are monitored by the competent authorities. 4. Sectoral information In Luxembourg, market surveillance falls within the area of competence of several Ministries. Being a small country in the middle of the European Union, Luxembourg plays a minor role in terms of overall imports from non-eu member countries. The agreement of 2 July 1998, which was terminated by the Circular of 29 July 2009, provided the basis for solid collaboration between the surveillance authorities and Customs and Excise, so as to ensure effective surveillance of products imported into the EU. 4.1. Ministry of Economic Affairs ILNAS (Luxembourg Institute for Standardisation, Accreditation, and the Safety and Quality of Products and Services) Market surveillance 1 Avenue du Swing L-4367 Belvaux Tel.: +352 247 74320 Fax: +352 247 94320 e-mail: surveillance@ilnas.etat.lu web: www.portail-qualite.public.lu 6
Consumer Products Service Code Description 76/211/EEC Prepackaged products 94/9/EC Equipment and protective systems intended for use in potentially explosive atmospheres 1999/5/EC Radio equipment and telecommunications terminal equipment 2001/95/EC General product safety 2004/22/EC& 2009/34/EC Measuring instruments 2004/108/EC Electromagnetic compatibility 2006/95/EC Low voltage 2009/23/EC Non-automatic weighing instruments 2009/48/EC Toys 2009/125/EC Ecodesign requirements for energy-related products (EC) 1222/2009 Labelling of tyres with respect to fuel efficiency and other essential parameters 2010/30/EC Labelling of the consumption of energy by household appliances (EU) 1007/2011 Textile fibre names and related labelling and marking of the fibre composition of textile products. Industrial Products Service Code Description 75/324/EEC Aerosol dispensers 89/686/EEC Personal protective equipment 93/15/EEC Explosives for civil uses 95/16/EC Lifts 97/23/EC Pressure equipment 2000/9/EC Cableway installations designed to carry persons 2006/42/EC Machines 2007/23/EC Pyrotechnic articles 2009/105/EC Simple pressure vessels 2009/142/EC Gas appliances 2010/35/EU Transportable pressure equipment (EU) 305/2011 Construction products 7
CAM (Commission for Maritime Affairs) 19-21, Boulevard Royal L-2449 Luxembourg Tel.: +352 2478 4453 Fax:+ 352 299 140 e-mail: cam@cam.etat.lu http://www.cam.etat.lu/ Code Description 94/25/EC Recreational craft (MTSP) 96/98/EC Marine equipment Directorate for the Internal Market and Consumption 19-21, Boulevard Royal L-2449 Luxembourg Tel.: +352 24-78 8432 Fax:+ 352 221607 http://www.eco.public.lu Code Description 98/6/EC Consumer protection in the indication of the prices of products offered to consumers 2006/2004 Cooperation in the enforcement of consumer protection laws 4.2. Ministry of Health Directorate for Health Allée Marconi - Villa Louvigny L-2120 Luxembourg Tel : +352 247 85500 Email : info@ms.public.lu http://www.ms.public.lu Code Description 90/385/EEC Active implantable medical devices 93/42/EEC Medical devices 98/79/EC In vitro diagnostic medical devices 8
(EC) 1223/2009 Cosmetic products 9
4.3. Ministry of Sustainable Development and Infrastructure Dept. for the Environment 1, avenue du Rock'n'Roll L - 4-361 Esch-sur-Alzette Tel.: +352 4-0 56 56-1 http://www.environnement.public.lu/ Code Description 94/62/EC Packaging and packaging waste 97/68/EC Measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery 2000/14/EC Noise emission in the environment by equipment for use outdoors 2002/95/EC & 2011/65/EU RoHS (Reduction of hazardous substances) 2006/66/EC Batteries and accumulators (EC) 1907/2006 REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) (EC) 2003/2003 Fertilisers (EU) 2012/528 Biocides Department of Transport 4, place de l'europe L-1499 Luxembourg Tel.: +352 247 84400 e-mail: info@mt.public.lu http://www.mt.public.lu Code Description 95/54/EC Automobile 2008/57/EC Interoperability of the Railway System 2010/35/EU Transportable pressure equipment (transposition) 10