Introduction
In the last years, the Commission has deployed significant efforts to improve the functioning of market surveillance in the EU. The 2019 market surveillance Regulation, the Digital Services Act and the GSPR all contain provisions that increase the powers of market surveillance authorities and give them more tools vis à vis non-compliance including online-non-compliance. Since 2021, the EU Product Compliance Network (EUPCN) aims at structuring the coordination and cooperation between market surveillance authorities, as well as and streamlining of market surveillance practices. With respect to energy labelling, the establishment of the European Product Registry for Energy Labelling, the well-known EPREL database, is also intended to facilitate market surveillance.
In parallel, in its Ecodesign and Energy Labelling Working Plan 2022-2024, the Commission signified its intention to “step up its support to Member States to contribute to a more effective and uniform application of market surveillance in the field of Ecodesign and Energy Labelling”. During that period, significant achievements have been accomplished. Our work can be divided into 6 different ‘angles of attack’.
Support to economic operators
- The Launch of the “efficient products portal”, a one-stop-shop portal targeted at different stakeholders, with the aim to support compliance with the applicable rules.
- The establishment of an EU-funded ‘compliance services’ facility aiming at actively supporting suppliers and retailers regarding compliance with Ecodesign and Labelling legislation.
Support to market surveillance authorities
- The funding of several concerted actions (EEPLIANT3, EEPLIANT4) where national MSAs are jointly testing product and develop tools and best practices together. This includes checking compliance of products offered on-line, the development of a web-browser for semi-automatic detection of possible non-compliance, as well as cooperation with customs.
- Launching of other EU-funded testing projects such as the testing campaigns ENERTP1 and ENERTP2, while a possible ENERTP3 in 2025-26, as well as the JACOP Joint Actions on Compliance of Products.
- Designation of an EU testing facility for Ecodesign and Energy Labelling.
EU collaboration
- Funding and supporting the Ecodesign and Energy Labelling ADCOs, the informal administrative cooperation groups where national MSAs and the Commission collaborate to ensure efficient, comprehensive and consistent market surveillance.
- Yearly organisation of dedicated of thematic consultation forums on market surveillance, where MSs, national authorities, economic operators and the civil society exchange views and elaborate possible solution for better compliance.
EU tools
New features in EPREL and ICSMS to make these tools more efficient. This includes:
o The possibility given to anyone to report in EPREL models that appear to be non-compliant.
o Electronic verification of suppliers in EPREL, ensuring that suppliers are economic operators established in the EU.
o Provision of APIs to economic operators including online platforms, enabling them to collect EPREL data (including the energy label) based on the EPREL identification number of the supplier. Close collaboration with one of the platforms allowed to significantly improve its online compliance through the use of supplier’s identification number.
o New “safeguard clause” feature in ICSMS, allowing MSAs to share information on products presenting a risk (Art 69 of ESPR).