Answer given by Mr Breton on behalf of the European Commission
11.2.2021
Member States are responsible for market surveillance, in accordance with Regulation (EC) No 765/2008[1]. ‘Safety Gate/RAPEX[2]’ registered more than 200 alerts from 20 countries on COVID-19 related products, mostly about faulty masks. The Commission offers financial support to joint projects on market surveillance and contributes to the coordination thereof, including on COVID-19 related products[3]. The Commission activated the network of national consumer protection authorities[4] and initiated a dialogue[5] with major online platforms leading to millions of takedowns of COVID-19 illegal listings.
In addition, the European Anti-Fraud Office (OLAF) opened an official inquiry into the illicit trade of face masks and other COVID-19 counterfeit or substandard products. The new Union Product Compliance Network established by the new Market Surveillance Regulation (EU) 2019/1020[6] will also play an active role in stepping up market surveillance, including on face masks. Moreover, the European Union Agency for Law Enforcement Cooperation (Europol) supports Member States in fighting the trafficking of counterfeit medical products[7]. The proposal for a Digital Services Act[8] includes binding EU-wide obligations for all digital intermediary services providers, such as rules concerning the removal of information relating to illegal goods and provisions on the traceability of business users on online market places.
Furthermore, the Commission will continue to implement its recent Single Market Enforcement Action Plan[9] and strengthen market surveillance through Regulation (EU) 2019/1020.
- [1] Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, OJ L 218, 13.8.2008, p. 30‐47, ELI: http://data.europa.eu/eli/reg/2008/765/oj
- [2] Rapid alert system for dangerous non-food products https://ec.europa.eu/consumers/consumers_safety/safety_products/rapex/alerts/repository/content/pages/rapex/index_en.htm
- [3] The main purpose of the ‘CASP Corona 2020’ project is the organisation of coordinated testing and communication activities.
- [4] With the support of the Commission, the network of national consumer protection authorities (CPC network, https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/enforcement-consumer-protection/consumer-protection-cooperation-network_en) adopted a common position on the most common COVID-19 scams and unfair practices, and conducted a screening of high-demand products advertised on websites and online platforms . More details available at: https://ec.europa.eu/info/live-work-travel-eu/consumers/enforcement-consumer-protection/scams-related-covid-19_en
- [5] https://ec.europa.eu/info/news/coronavirus-commission-urges-online-platforms-collaborate-and-continue-fighting-consumer-scams-2020-nov-06_en
- [6] Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011, OJ L 169, 25.6.2019, p. 1‐44, ELI: http://data.europa.eu/eli/reg/2019/1020/oj
- [7] https://www.europol.europa.eu/newsroom/news/medicines-and-doping-substances-worth-EUR 73-million-seized-in-europe-wide-operation
- [8] COM(2020)824 of 15.12.2020.
- [9] COM(2020)94 of 10.3.2020.