Coordination group for market surveillance regulation to begin its work on 2 January 2020
The Ministry of Economic Affairs and Employment has set up a coordination group to coordinate the implementation of the new EU Regulation on market surveillance and compliance of products. Members of the group represent various ministries, and its term runs from 2 January 2020 to 31 August 2021.
The group will coordinate the national implementation of the Market Surveillance Regulation, and keep abreast of law drafting. The coordination group will discuss the planned implementation measures in each product sector and seek consistent solutions.
The Market Surveillance Regulation will reduce the number of non-compliant products in the internal market, enhance market surveillance and improve the functioning of the internal market. It also aims to create equal competitive conditions for all economic operators. The Market Surveillance Regulation is primarily directed at market surveillance authorities, but it also contains provisions on external border control, and imposes obligations on companies. New powers of the market surveillance authority include the power to
- purchase product samples under a cover identity,
- to require certain content to be removed from the online interface, and
- to require that access to the online interface be restricted.
The Market Surveillance Regulation applies to the product sectors covered by 70 sector-specific legal acts issued on products by the EU. These include toys, fertilisers, motor vehicles and lifts.
The Regulation entered into force in July 2019, and its application will, with a few exceptions, begin in summer 2021. The Regulation replaces previous legislation, requiring legislative amendments and other implementation measures at the national level.
Interministerial coordination required
The Ministry of Economic Affairs and Employment is responsible for the implementation of the Regulation as regards provisions relevant for its administrative branch. The Ministry’s other role – ensuring coordination between ministries – is equally important as the Market Surveillance Regulation touches on a large number of EU legal provisions on products. Responsibility for compliance with these provisions is divided between the administrative branches of the Ministry of Economic Affairs and Employment, Ministry of Transport and Communications, Ministry of the Environment, Ministry of Social Affairs and Health, Ministry of Agriculture and Forestry, and Ministry of the Interior. The coordination group also has representatives from the Ministry of Justice and, because of provisions applicable to Finnish Customs, from the Ministry of Finance.
If required, the coordination group will also discuss matters related to the national implementation of the EU regulation on mutual recognition.
The implementation of the EU’s new horizontal market surveillance regulation will provide an opportunity for harmonising national legislation. In recent years, Finland has taken steps to harmonise market surveillance regulation. These include the Act on the Market Surveillance of Certain Products, which falls under the responsibility of the Ministry of Economic Affairs and Employment. Harmonised regulation is in everyone’s interest.
Pauliina Kanerva, Senior Ministerial Adviser, Ministry of Economic Affairs and Employment, tel. +358 295 060 160
Emilia Tiuttu, Specialist, Ministry of Economic Affairs and Employment, tel. +358 295 047 127