7.3.3 公衆への情報提供

Considering that the aim of market surveillance is to provide a high level of protection of certain public interests, informing the public is an essential element of market surveillance. Therefore, Member States should ensure openness to the public and to interested parties. They must make available to the public any information they consider relevant in order to protect the interests of end users in the Union (Article 17 of Regulation (EU) 2019/1020). This ensures more information and awareness to both consumers and economic operators. In accordance with the principle of transparency, information available to the authorities of the Member States or to the Commission relating to risks to health and safety, or to other public interests protected under EU harmonisation legislation posed by products, should in principle be available to the public. This is without prejudice to the restrictions required for protecting intellectual property rights and confidential business information, for preserving personal data, and for monitoring, investigation and prosecution activities. (289)

One of the obligations of market surveillance authorities is to ensure that users in their territories are alerted within an adequate timeframe of hazards and risks they have identified relating to any product. This is meant to reduce the risk of injury or other damage, particularly when the economic operator responsible fails to do so (Articles 16 (3) and 16(5) of Regulation (EU) 2019/1020).

Market surveillance authorities must also ensure that consumers and other interested parties are given an opportunity to submit complaints to the competent authorities and that these complaints are followed up appropriately (Article 11(7)(a) of Regulation (EU) 2019/1020).