Market surveillance is the supervision which is performed in respect of products available on the European market. Market surveillance is intended to ensure both health, safety and consumer protection and to contribute to a functioning market within the EU.
The market surveillance field covers a large number of products and the parties subject to market surveillance include economic operators such as, e.g. manufacturers, importers or distributors.
Market surveillance entails that the market surveillance authority monitors that products available on the market fulfil current legislation and that they are labelled and controlled in a regulated manner. The authority shall take measures against those economic operators whose products do not fulfil the salient requirements. Market surveillance measures may include, e.g. imposing a sales ban, recalling products from the market or recalling products from end users. A decision may be subject to fines or sanction fees.
The market surveillance field is comparatively complex since market surveillance in Sweden is decentralised and the responsibility for monitoring is allocated between several public authorities, each with a different area of responsibility according to several sector-specific regulatory frameworks. Municipalities are also responsible for certain tasks within the market surveillance framework. At EU level, the applicable regulation is the EU’s Market Surveillance Regulation 2019/1020.
We are always available to provide legal advice. For example, we advise economic operators regarding the planning of the release of a product onto the European market, as well as advice regarding whether a market surveillance authority has taken or intends to take measures in order to intervene against a specific economic operator’s provision of a certain product. We also provide advice to market surveillance authorities and municipalities regarding market surveillance matters.
Based on our clients’ needs, we lead external training sessions and seminars together with technical experts within the market surveillance field.
Vinge provides advice to both economic operators as well as market surveillance authorities in connection with the market surveillance authority’s handling of a matter, including site visits as well as litigation regarding market surveillance.
Our experience and knowledge of market surveillance matters and civil proceedings within the field of market surveillance and of the administrative courts means that our advice is clearly focused on the risks and possibilities in relation to market surveillance matters. We also possess experience of commercial disputes pertaining to product liability issues.
In the past years, market surveillance has become an increasingly complex legal area. In addition, in market surveillance matters often give rise to complex technical issues related to specific products. Through Vinge’s business law full service offering we can provide support in relation to all legal issues which may arise in conjunction with market surveillance. We can also provide the necessary technical expertise through our co-operating partners.
Counsel, Member of the Swedish Bar Association
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