Market surveillance reform progresses in Finland – application of new Market Surveillance Regulation to begin on 16 July
The structures of national market surveillance will be modified to comply with the new EU Market Surveillance Regulation. The implementation of the Regulation requires all Member States to issue national provisions on, for example, the competence of the authorities responsible for market surveillance. Another goal is to boost the harmonisation of national market surveillance legislation. Amendments to the Act on the Market Surveillance of Certain Products are under preparation and are expected to take effect in the autumn of 2021.
The goal of the market surveillance reform is to create a clearer and more modern operating environment for consumers and companies. Among other things, this will lead to a decline in products that do not comply with product safety requirements on the EU internal market. The reform will also enhance market surveillance and improve the functioning of the internal market.
The new EU Market Surveillance Regulation, which took effect in July 2019, will be applied in all Member States as of 16 July 2021. The stages of national implementation will proceed in two waves.
The first wave: new tasks for Tukes
The Act on the Market Surveillance of Certain Products has previously been amended with provisions required to organise a number of official duties in Finland. As of 16 July 2021, the Finnish Safety and Chemicals Agency (Tukes) will serve as a product contact point for market surveillance, providing information about product requirements in Finland, among other things. Tukes has operated as the national liaison office coordinating cooperation between the authorities since 1 January 2021.
The second wave: preparation of legislative amendments to harmonise market surveillance regulation
In the second wave of the reform, national market surveillance provisions will be updated to ensure their compliance with the regulatory framework of the EU Market Surveillance Regulation. This is prompted by the increasing complexity of supply chains and e-commerce, which call for new market surveillance authorisation.
The EU Market Surveillance Regulation applies to the surveillance of 70 different EU product laws, encompassing lifts, cosmetic products, fertilisers and toys. The provisions on the safety of these products are divided across the administrative branches of six ministries in Finland, and preparatory work is therefore carried out in several ministries. The Ministry of Economic Affairs and Employment coordinates the implementation of the Regulation in close cooperation with the other ministries.
A government proposal containing amendments to the Act on the Market Surveillance of Certain Products and to the product laws that will be added to its scope of application has been prepared jointly by the different ministries. The proposal concerns amendments to legislation belonging to the administrative branches of the Ministry of Economic Affairs and Employment, the Ministry of Social Affairs and Health, the Ministry of Transport and Communications and the Ministry of the Environment. The goal is to submit the government proposal to Parliament at the end of August 2021 and for the amendments to take effect during the autumn of 2021.
Maiju Mähönen, Specialist (until 23 July 2021)
Pauliina Kanerva, Senior Government Adviser, Ministry of Economic Affairs and Employment, tel. +358 (0)295 060 160 (as of 2 August 2021)
Link to project register https://tem.fi/hankesivu?tunnus=TEM106:00/2020