How to prepare your documents for market surveillance

MSAs will check the documentation and can enforce non-conformities. An MSA can demand an amendment of documentation, apply fines, remove products from the EU market, etc. 

To verify the declared values, the MSA can also perform physical tests. 

You as a supplier are obliged to collaborate with the authorities by providing needed information and undertaking corrective action if needed.   

Product testing usually comprises two steps (although depending on national legislation and the product category or even on the product):

• Single test: One unit of a specific model is first selected for the test.
• Triple test: Three more units are tested in case the results of the single-test determined values exceed the tolerances (i.e. for compliance verification only the average of the three triple test results is relevant).

Details can be found in the specific annex “Verification procedure for market surveillance purposes” of the respective ecodesign or energy labelling regulation. 

Some MSAs only conduct the triple test if the supplier disputes the results of the single test, while others always perform triple tests, if there is an issue in the single test. This variation arises from differences in national legislation or different interpretations of European legislation.

In case of non-compliance, the MSA can require that products must not be sold on the EU market anymore. If only the declared values are outside the tolerance but within the minimum requirements and for other pure documentation issues, a change of documentation (and potentially the energy label) should suffice, but this is competence of the MSA to decide.  Additionally, fines might be applied.

Whether you as a supplier are required to bear the costs of purchasing products and the tests, depends on the national legislation. 

The inspection procedures are the same for ecodesign and energy labelling regulations.