7.6.5 ICSMS

While ICSMS was an important aspect in the implementation of Regulation (EC) No 765/2008, under Regulation (EU) 2019/1020 on market surveillance and Regulation (EU) 2019/515 on mutual recognition it is even more the case: ICSMS becomes the digital backbone of these Regulations.

Both Regulations provide for the obligations of the authorities to make use of ICSMS. In addition, Regulation (EU) 2019/1020 on market surveillance lays down the rules for its use.

ICSMS offers fast and efficient communication means for market surveillance authorities to exchange information within a short space of time. ICSMS allows information on products (compliance status, test results, product identification data, photographs, economic operator information, risk assessments, accident information, information on measures taken by surveillance authorities etc.) which have been investigated by a market surveillance authority to be stored and quickly and efficiently shared between authorities.

The aim is not only to avoid cases where a non-compliant product taken off the market in one country to be on sale for a long time in another country but mainly to have a market surveillance policy tool that allows to establish a co-operation mechanism among authorities.

While being aware of the fact that the mere reliable exchange of information is crucial for the market surveillance, it must be acknowledged that the added value of ICSMS stems from its capacity to be the platform for the implementation of the European market surveillance policy.

In this respect, whenever a national authority wants to exchange information about a product under investigation with other authorities in order to share resources (e.g. for product checks), carry out common actions or consult other authorities, it should input into ICSMS the relevant information. This should be done as early as possible and certainly well before the decision to adopt measures for products found to present a risk. E.g. if a national authority cannot determine the level of the risk presented by a relevant product and carries out investigations, it should use ICSMS in order to communicate with the competent authorities of the other Member States.

ICSMS is not limited only to non-compliant products, but it gives information also regarding other products checked by authorities even if the result of the checks would be that no non-compliances have been found. This helps authorities avoiding any double (or multiple) checking of products. As a minimum, market surveillance authorities have to enter into ICSMS information on all products for which an in-depth check has been carried out (Article 34(4) of Regulation (EU) 2019/1020) This covers not only products for which laboratory tests are carried out, but also those for which simpler checks are carried out, though it is not required to include those where only brief visual checks were carried out. As a guideline, checks which are individually documented should be entered into ICSMS (313). Other checks may, however, also be entered into ICSMS.

Thus, the ultimate role of ICSMS is to help the European Union to fulfil one of its major political objectives; i.e. to ensure reliability and coherence in the implementation and enforcement of the European legislation) in order for operators and citizens to benefit from the original intention of full access to the Internal Market.

In particular ICSMS helps market surveillance authorities to:

—proceed to quick and in-time exchange of information on market surveillance measures;

—coordinate their activities and inspections more effectively, especially by focusing on products which have not been inspected or tested yet;

—share resources and have thus more time to concentrate on other products which have yet to be tested;

—share experience on complex product compliance assessment cases;

—carry out wide-scale market interventions wherever products of a dubious nature are concerned using the latest information and avoid thus duplicate and multiple inspections;

—generate statistical data;

—launch the safeguard clause notifications (for some Directives/Regulations)

—send relevant data to RAPEX in order for RAPEX contact points to trigger the process for launching RAPEX notifications (314);

—elaborate best practices;

—ensure that market surveillance is efficient and of even rigour in all Member States and avoid thus distortion to competition;

—establish an encyclopaedia of EU market surveillance intelligence; and

—request assistance from authorities in other Member States.

The internal area is destined for market surveillance authorities, single liaison offices, customs authorities and the Commission. It contains all information available (product description, test results, measures taken etc.). Only ICSMS account holders may access this area.

The public area is destined for consumers, users and manufacturers. The information which is visible to the public provides only the data, which reference the product and its non-compliance and not any internal documents (i.e. information exchange between authority and importer/manufacturer).

ICSMS enables specific searches for non-compliant products. Confidentiality aspects are protected by a system of access authorisations.

Each market surveillance authority can input data about investigated products, which are not already in the database and add information (e.g. additional tests results, measures taken) to an already existing product information file.

The Commission ensures the proper functioning of ICSMS. The use of ICSMS is free of charge.