Market Surveillance of Goods and Services according the Requirements of the Directives Based on the New Approach and the Global Approach
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Abstract
This article provides information on the New Approach to technical harmonization and the Global Approach to conformity assessment. 25 Directives, adopted on the basis of the New Approach and the Global Approach have progressively come into force. These Directives have the dual purpose of ensuring the free movements of goods through technical harmonization of entire product sectors, and of guaranteeing a high level of protection of public interest objectives. Innovative features of this legislative technique include the definition of mandatory essential requirements, the setting up of appropriate conformity assessment procedures and the introduction of CE marking. Business and industry gave a wide choice of how to meet their obligations. The European standards bodies have a task of drawing up technical specifications which offer one route to complying with these essential requirements.
In the article the scope of the New Approach directives, compliance with directives, conformity assessment procedures, notified bodies and market surveillance was presented. Market surveillance is an essential tool for the enforcement of New Approach directives. It needs to function effectively in odder to provide uniform application of Community law, equal protection for all citizens and maintenance of a level plying field for enterprises.
The New Approach directives contain explicit requirements for Member States to carry out market surveillance activities, the principle of subsidiarity applies, and it is for Member States to determine the administrative structures used to fulfill their obligations in this field.
Effective cross-border co-operation between market surveillance authorities is essential if products are to be subject to the same high level of surveillance throughout the Union. Experience of market surveillance in practice indicates that levels of surveillance currently vary significantly throughout the Union, and that uneven enforcement at national level presents a barrier to a fully effective system of cross – border co-operation.
In the article the scope of the New Approach directives, compliance with directives, conformity assessment procedures, notified bodies and market surveillance was presented. Market surveillance is an essential tool for the enforcement of New Approach directives. It needs to function effectively in odder to provide uniform application of Community law, equal protection for all citizens and maintenance of a level plying field for enterprises.
The New Approach directives contain explicit requirements for Member States to carry out market surveillance activities, the principle of subsidiarity applies, and it is for Member States to determine the administrative structures used to fulfill their obligations in this field.
Effective cross-border co-operation between market surveillance authorities is essential if products are to be subject to the same high level of surveillance throughout the Union. Experience of market surveillance in practice indicates that levels of surveillance currently vary significantly throughout the Union, and that uneven enforcement at national level presents a barrier to a fully effective system of cross – border co-operation.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
