Market surveillance in the scope of equipment and components intended for use in mines
In order to create an efficient system of conformity assessment (market surveillance) authorities responsible for the enforcement of procedures and requirements set in the New Approach Directives were established.
The creation of the market surveillance system was crucial to the implementation of the New Approach Directives, which provide conformity assessment procedures and basic requirements for products and their CE marking. These requirements pertain also to many products that are used in mines. The project of the market surveillance system has been created in Poland in 2001. The legal basis for the surveillance was established in the Act of 30th August 2002 on Conformity Assessment.
The market surveillance is supervised by the President of the Office of Competition and Consumer Protection (OCCP) and specialised agencies authorised to inspect products and conduct administrative proceedings concerning their incompliance with essential requirements. Being such a specialised agency, the State Mining Authority conducts market surveillance concerning products used in mines.
Customs authorities cooperate with specialised agencies, which verify products imported from third countries (outside of the European Union).
The State Mining Authority performs inspections on the request of the President of the OCCP or at its own initiative. If inspection findings indicate that a product does not meet the essential requirements, administrative proceedings are initiated.
If a manufacturer does not take actions voluntarily in order to eliminate any incompliance with essential requirements or withdraw the product from the market, a competent inspection may notably:
- issue a decision to notify users that a product does not meet essential requirements,
- prohibit further transfer of the product to users or sellers,
- issue a decision to withdraw the product from circulation.
Information about issued decisions concerning products failing to satisfy the essential requirements is sent to the President of the OCCP, who then registers it in the Register of Incompatible Products with Fundamental Claims. The Court may impose a fine up to 100000 PLN on the manufacturer.