Strengthening market surveillance – for fair competition and a high protection level

Effective market surveillance is a prerequisite for a well-functioning EU internal market. TÜV-Verband welcomes the European Commission’s initiative to revise the Market Surveillance Regulation and advocates for a stronger, more coordinated and more digital approach to market surveillance across the EU. The objective is to ensure effective consumer protection and fair competition by consistently preventing non-compliant and unsafe products from entering and remaining on the market.

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The rapid growth of online trade, global supply chains and sharply increasing goods flows are pushing existing market surveillance systems to their limits. Despite significantly rising import volumes, only a very small share of products is currently inspected. This weakens consumer protection, undermines trust in the internal market and distorts competition to the detriment of compliant companies. Against this backdrop, TÜV-Verband calls for a sustained strengthening of controls, staffing levels and technical expertise within market surveillance authorities and customs.

Purely nationally organised market surveillance is no longer sufficient in the face of cross-border business models. TÜV-Verband therefore supports stronger EU-level governance and coordination and welcomes the discussion on establishing an EU Market Surveillance Agency to complement national authorities, in particular in major cross-border cases and in the area of online trade.

At the same time, market surveillance must be consistently digitalised. Digital, reliable and machine-readable compliance information – in the future potentially bundled via a Digital Product Passport – can make controls more efficient, conserve resources and enable risk-based targeting. This requires that authorities can rely on the quality and validity of the data provided.

In addition, TÜV-Verband emphasises the importance of preventive measures. Independent third-party testing prior to placing products on the market is an effective tool for identifying unsafe products at an early stage. It complements public market surveillance, relieves pressure on public authorities and strengthens the overall high level of protection in Europe. In this context, the polluter-pays principle in enforcement should be further developed, without placing a disproportionate burden on compliant companies.

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Position paper "Strengthening market surveillance – for fair competition and a high protection level"