Market surveillance

Market surveillance ensures that non-food products on the EU market do not endanger European consumers and workers. It also ensures the protection of other public interests such as the environment, security and fairness in trade. It includes actions such as product withdrawals, recalls and the application of sanctions to stop the circulation of non-compliant products and/or bring them into compliance.

Why market surveillance is important

Market surveillance is crucial for the smooth functioning of the single market. It helps protect

consumers and workers against unsafe products and general non-compliance
businesses from unfair competition by those who ignore the rules

What the European Commission does

EU market surveillance legislation

Regulation (EU) 2019/1020 on market surveillance and compliance of products aims to improve and modernise market surveillance. It applies to more than 70 regulations and directives that harmonise at EU-level requirements on non-food products to protect consumers, health and safety, the environment and other public interests. Regulation (EU) 2019/1020 replaced the market surveillance provisions of Regulation (EC) No 765/2008 as of 16 July 2021, and improves them in particular by

preventing non-compliance by providing information to and joint activities with businesses
providing more effective enforcement tools to address online sales
improved cooperation: between EU countries, between market surveillance and customs authorities, and through an EU product compliance network

List of harmonisation legislation subject to Regulation (EU) 2019/1020

This document provides an overview of EU harmonisation legislation covered by Regulation (EU) 2019/1020 on market surveillance and compliance of products. It is a non-binding guidance document, which is only intended to facilitate the application of the regulation.

Overview of penalties for non-compliance with the market surveillance regulation

This document provides an overview of penalties in EU countries for violations of Regulation (EU) 2019/1020 (Market Surveillance Regulation) as well as breaches of Union harmonisation legislation listed in Annex II of the regulation.

EU countries notified the penalties listed in the document to the European Commission under Article 41(3) of the regulation. Some EU countries provided specific provisions, and some provided references to their legislation. The document will be updated with additional information when the Commission receives it.

Please note that the information provided in this document is for information purposes only and is not legally binding. For complete and up-to-date information, please consult the market surveillance authorities of the respective EU countries.

Guidance on tasks of economic operators under Article 4 of the market surveillance regulation

The Market Surveillance Regulation (EU) 2019/1020 obliges economic operators in the EU to share information and cooperate with market surveillance authorities. This guidance document explains the communication channels between economic operators and market surveillance authorities to ensure that sellers of certain categories of products have a designated representative established in the EU.

Report on the implementation of Article 4 of the market surveillance regulation

Article 4 of Regulation (EU) 2019/1020, requires that, for some products, there must be an economic operator established in the EU who is responsible for certain specific tasks, as defined in Article 4(3) of the regulation.

This report provides an overview of how that article has been implemented in 2021-2023, also discussing its scope and costs/benefits.

The report is largely based on information from a study, commissioned by DG GROW (Internal Market, Industry, Entrepreneurship and SMEs).

Guidance on the application of Article 9 regarding joint activities to promote compliance

This guidance document is intended as a guide for the implementation of Article 9 of Regulation (EU) 2019/1020 on market surveillance and compliance of products by market surveillance authorities and other participants in the agreements foreseen in the above-mentioned regulation.

Support for cooperation between EU countries

The Commission supports the development of a common understanding of market surveillance issues and cooperation among national authorities through actions such as

regular contacts and policy discussions with national representatives in the EU Product Compliance Network
the exchange of information on market surveillance strategies
financial support to Administrative Cooperation Groups
provision of the ICSMS information systems for use by all market surveillance authorities.

Support to market surveillance capacity

EU Testing Facilities

Union testing facilities will support market surveillance actions, which will enhance testing capacity, reliability and consistency. Article 21 of the market surveillance regulation and procedures set in the Commission implementing regulation designates them. The first call for expression of interest has resulted in the selection of 2 laboratories for toys and radio equipment. The second call for expression of interest has resulted in the designation of one laboratory for eco-design and energy labelling. The third call for expression of interest has resulted in the selection of one laboratory for Electromagnetic Compatibility.

Joint actions

Joint actions at EU level are organised every year. Joint actions are product inspection campaigns funded by the EU, which give the opportunity to market surveillance authorities (MSAs) from different EU countries to cooperate. Joint actions allow exchange of best practices between MSAs, harmonisation of methodologies, and reinforce the EU inspection capacity, by offering additional inspection resources on top of national resources.