New Regulations on Market Surveillance
The Swedish Government has adopted new Regulations on market surveillance that will enter into force on 1 September. The Regulations aim to clarify and consolidate current legislation by gathering several horisontal legal acts into one and to complement three EU Regulations. The Regulations contain above all provisions on national and international cooperation between authorities.
A new law on market surveillance entered into force on July 1. It gives the Government the power to regulate the responsibilities of the municipalities in relation to market surveillance. The law is now complemented by Regulations that will replace three Swedish legal acts: Regulations (2005:895) on Market Surveillance of Products, Regulations (2009:52) on Contact Point and Information Procedures in relation to the implementation of mutual recognition of technical rules for products as well as Regulations (1999:762) on obligations of information on obstacles to the free movement of goods. The new Regulations also complement three EU Regulations: Regulation 765/2008 on accreditation and market surveillance, Regulation 764/2008 on mutual recognition and Regulation 2679/98 on the functioning of the internal market in relation to the free movement of goods.
The Regulations contain new provisions on authorities’ obligations to draw up, implement, follow up and publish market surveillance plans, as well as obligations to inform the European Commission and other Member States about decisions on restrictive measures for the marketing of products via RAPEX and ICSMS. It also contains particular provisions on information for the National Board of Trade, The Consumer Agency and the Swedish Board for Accreditation and Conformity Assessment (Swedac).
Finally, the Health and Social Care Directorate and The Swedish Radiation Safety Authority will become new authorities that shall be represented in the Market Surveillance Council. The Council will from 1 September thus consist of 18 authorities.