7.1 なぜ市場監視が必要なのか

Market surveillance aims at ensuring that products fulfil the applicable requirements providing a high level of protection of public interests, such as health and safety in general, health and safety in the workplace, the protection of consumers, of the environment and of public security and any other public interest protected by the EU legislation. This objective is to be pursued while ensuring that the free movement of products is not restricted to any greater extent than is allowed under Union harmonisation legislation or any other relevant Union rule. Market surveillance entitles citizens to an equivalent level of protection throughout the single market, regardless of the origin of the product. Further, market surveillance is important for the interest of economic operators, because it helps to eliminate unfair competition.

Market surveillance activities are not directed exclusively towards the protection of health and safety: they also aim to enforce Union legislation designed to safeguard other public interests, for example by means of regulating the accuracy of measurement, electromagnetic compatibility, effective and efficient use of radio spectrum, energy efficiency, consumer and environment protection, in line with the principle of ‘high level of protection’ laid down in Article 114 (3) TFEU.

Member States must ensure effective surveillance of their market. They are required to organise and carry out the monitoring of the products made available on their market or imported through both online and offline sales and distribution channels. The objective is to ensure that products have been designed and manufactured in accordance with the requirements laid down in Union harmonisation legislation, that the marking and documentation requirements have been respected, and that they have been subjected to the necessary procedures.

Where Member States find this is not the case, they must require the relevant economic operators to take appropriate and proportionate corrective action to ensure compliance with the applicable requirements. Where economic operators fail to take corrective action, market surveillance authorities should take appropriate and proportionate measures to ensure that unsafe products, or products which otherwise do not conform to applicable requirements set out in Union harmonisation legislation, are kept or taken off the market and unscrupulous or even criminal operators punished. Member States should allow for sanctions proportionate to any infringements. These should also act as a deterrent, in particular in case of serious or repeated infringements.