Market Surveillance

Definition

Definition
Market Surveillance

The activities carried out and measures taken by national market surveillance authorities to ensure that products comply with applicable European Union requirements and do not endanger health, safety or other public interests, as governed by Regulation (EU) 2019/1020.

Expanded Explanation

Authorities operate in each Member State and may request documentation, take samples, inspect premises, require corrective action, restrict or prohibit sale, order withdrawal or recall, and apply penalties set by national law. Their findings are shared across the Union through the Information and Communication System on Market Surveillance and, for dangerous products, the Safety Gate rapid alert system.

Digital passports change the mechanics of surveillance. Product data that previously had to be requested from a company becomes readable directly from the product, which allows automated and comparative checking at scale, including at the point of import. Regulation (EU) 2024/1781 also anticipates a registry supporting authority access to passport identifiers.

Requests are addressed to the economic operator responsible for the product in the Union, which is another reason the role must be correctly assigned before products ship.

Why It Matters

Under a passport regime, an inconsistency between the published passport and the technical file is discoverable without an inspection. Data accuracy becomes an enforcement surface, so publication processes need the same controls as regulatory documentation.

Common Misconceptions

Common Mistake
Surveillance only applies to physical inspections

Authorities may act on remotely readable information, including online listings and passport data, and they cooperate across borders on findings from other Member States.

See Also

References

About This Article

tieback Knowledge is a continuously maintained reference library covering Digital Product Passports, product traceability, product compliance and related regulations. Articles are reviewed regularly as legislation, standards and implementation guidance evolve.