Market Surveillance

Market Surveillance refers to the activities carried out by designated national authorities to ensure that products placed on the EU market comply with applicable regulatory requirements. It is a core element of the EU’s product safety framework and essential for maintaining fair competition and protecting consumers, users, and other end markets.

Legal Framework

The framework for market surveillance is primarily defined by:

• Regulation (EU) 2019/1020 on market surveillance and compliance of products

• Product-specific legislation, such as the Radio Equipment Directive (RED) 2014/53/EU, EMC Directive 2014/30/EU, and Low Voltage Directive (LVD)

National authorities are responsible for implementing and enforcing these rules at the Member State level.

Scope of Market Surveillance

Market surveillance authorities (MSAs) have the power to:

• Inspect and test products on the market

• Request technical documentation and declarations of conformity

• Enter premises and access information systems

• Require economic operators to take corrective actions (including withdrawal or recall)

• Impose penalties in case of non-compliance

Surveillance applies both to physical and online sales channels, with special provisions for distance selling and e-commerce platforms.

Responsibilities of Economic Operators

All economic operators—manufacturers, importers, distributors, and authorized representatives—must:

• Cooperate with market surveillance authorities

• Provide documentation and compliance evidence upon request

• Support corrective measures if non-compliance is identified

In the case of non-EU manufacturers, cooperation is ensured through a Responsible Person established in the EU.

Digital Tools and Coordination

• The Information and Communication System on Market Surveillance (ICSMS) supports EU-wide coordination and transparency.

• Customs authorities also play a role in border control for products entering the EU.