RAPEX the tool of market survilliance

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RAPEX - the tool of market survilliance

• Aleksandra Kurzyna-Warczakoska
• Advisor to the PresidentMarket Surveillance
  Department
• Warsaw, 2 October 2007

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What is RAPEX system?

• RAPEX is an European rapid alert system for
  dangerous non-food products.
• It is a collection of information about
  dangerous products identified in the Member
  States.
• It works on the basis of the General Product
  Safety Directive (2001/95/EC Article 5 (3) and
  Annex I).
• The GPSD requires producers and distributors to
  place only safe products on the market and to
  take all the necessary measures to prevent risks
  for consumers.
• One of the measure is the obligation to notify
  the competent authorities in the Member State if
  a product available on the market is found to be
  dangerous.

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Authorities

• Member States must establish authorities to carry
  out market surveillance.
• Market Surveillance authorities must
• - have the necessary resources and powers,
• - ensure technical competence,
• - ensure professional integrity of their
  personnel,
• - act in an independent and non-discriminatory
  way,
• - nominate the National Contact Point for RAPEX
  system.

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The role of market sureillance authorities

• Correct implementation of New Approach Directives
  and GPSD.
• Eliminate unsafe products from the market.
• Ensure level playing field.
• Increase the standards of safety.
• Ensure correct use of CE mark.
• Check adequacy of standards used.
• Inform Member States about actions taken.

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How does it work?

• RAPEX applies to consumer products which pose a
  serious or immediate danger.
• Must be sent in by a nominated person in the
  Member State to Directorate General Health and
  Consumer Protection (DG SANCO).
• The notification is checked and placed on the
  RAPEX system.
• The full access to all data within any
  restrictions have only nominated person in the
  Member State.
• The information essential for consumers are
  published on the DG Sancos website
  http//ec.europa.eu/consumers/dyna/rapex/rapex_arc
  hives_en.cfm

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RAPEX Contact Point

• Preperation the notification on an electronic
  form.
• Adding pictures of a product, tests reports,
  certificates, list of supply chain in other MS
  etc.
• Collecting missing data form entrpreneur
  (voluntary measures) or specialised body
  (complusory measures).
• Sending it to DG SANCO.
• Specify data asked by DG SANCO.
• Help for entrepreneurs and specialised bodies in
  the case of unsafe product.
• Prticipation in Rapex Contact Points meetings.

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Notification criteria

• Obligation for economic operators
• to inform authority, when
• - consumer product Article 2(a) of GPSD,
• - product is on the market,
• - there are evidence for risk pose by product.
• Manufacturer when established in EU country,
• Manufacturers representative out of EU,
• Importer when there is no manufacturers
  representative.

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Notification

• Manufacturers or importers details.
• Whole supply chain.
• Number of items supplied in each MS.
• Products involved serial number, type, colour
  etc.
• Details of the risk.
• Tests results.
• Proposed modification or rectification.
• Action taken by manufacturer or supplier.
• Action required by Member States.
• Other information which can be helpful.

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Reaction to notification

• Internal information for Rapex Contact Points and
  DG SANCO.
• Not available to consumers.
• It concerns
• - product found or not,
• - action taken by the economic operator to
  remove product form the market or make it safe,
  keeping in touch with the appropriate market
  surveillance authority voluntary,
• - action taken by authorities eg. order of
  withdrawal, recall obligatory,
• - other important information eg. product was
  sold to other MS, tests results did not confirm
  the risk mentioned in the notification etc.
• There can be more than one reaction to
  notification from one country.
• When the product was not found and there is
  nothing more to add the reaction is usless.

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Information gathering

• For both notification and reaction essential are
  
• - for voluntary measures information from
  etrepreneur,
• - for obligatory measures - results of
  inspection or laboratory tests,
• - competeting economic operators,
• - consumers complaints,
• - worldwide recall vide last month Matell.

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Other sources of information

• Individually using contacts from ADCO
  (Administrative Co-operation).
• At EU ad hoc meetings.
• Joint actions.
• Committees.
• Network.

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RAPEX and Safeguard

• RAPEX
• for consumer GPSD and NAD products and where
  there is a serious or immediate danger to the
  general public (DG Sanco).
• Safeguard
• - formal NAD products where a MS decides to
  ban or restrict supply,
• - informal when a ban is not required but
  information needs to be exchanged.

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Rapex statistics

• The number of RAPEX notifications 2003 2006
• Source http//ec.europa.eu/consumers/cons_safe/pr
  od_safe/gpsd/stats_reports_en.htm

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Help for Member States autoritiesand
etrepreneurs

• Guidelines for the notification of dangerous
  consumer products to competent authorities of the
  Member States by producers and distributors in
  accordance with Article 5(3) of Directive
  2001/95/EC.
• Guide to corrective actions including recalls.
• Leaflets and brochures.
• Seminars and workshops.
• Addressed both to producers and distributors of
  consumer products and to national authorities
  designated as contact points to receive
  notifications from entrepreneurs.

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Thank you.Do you have any questions?

• Aleksandra Kurzyna-Warczakoska
• Advisor to the President
• Market Surveillance Department
• 48 22 55 60 139
• akurzyna_at_uokik.gov.pl