Health and Safety Executive

Regulation proposal for accreditation and market surveillance

A Proposal for a Regulation of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance in relation to the marketing of products, and a proposal for a decision of the European Parliament and of the Council on a common framework for the marketing of products (New approach directive).

Government department lead

BERR (Business, Enterprise and Regulatory Reform) (previously known as DTI), supported by HSE.

Background

The two proposals that make up the ‘New Approach Review’ are closely linked to ensure that both the marketing of products, and the mechanisms for monitoring products on the market are fair and proportionate across the EU.

New Approach Directives set out the essential requirements (on health and safety, for example) that must be met before products can be sold in the UK or elsewhere in the European Community. European harmonised standards provide the detailed technical information enabling manufacturers to meet these requirements. The Directives also explain how manufacturers should conform with the essential requirements, and products that meet the requirements should display CE marking, meaning that the products can be sold anywhere in the Community/EEA.

Main provisions

Following a review of the New Approach, the Commission published formal proposals in February 2007 to enhance the implementation of the New Approach. The proposals seek to simplify and rationalise where possible, as well as dealing with the more specific conclusions of the review such as:

  • tackling the risk of distortion to competition due to differing national practices in relation to the designation of conformity assessment bodies and unequal treatment in the case of non-complying or dangerous products on the market;
  • differing national market surveillance infrastructures, rules and means;
  • lack of trust in conformity marking; and
  • lack of coherence in implementation and enforcement.

Next steps

  • Negotiations began in February 2007.
  • BERR are attending the Council Working Party meetings, with support from HSE where necessary.
  • HSE is currently considering a series of reports from the European Parliament, proposing amendments to the proposals. HSE have provided comments and analysis where necessary, which BERR will use in subsequent Council Working Party meetings.
  • Meetings will continue under future presidencies with expected agreement by the end of 2008/early 2009.

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Updated 18.02.11