FEATURE TEST & COMPLIANCE
BETTER TO BE SAFE THAN SORRY Traceability and regulatory expectations
Words by Claire Gittens, business line manager, consumer product service, TÜV SÜD T
he objective of the European Commission’s New Legislative Framework (NLF) is to strengthen the effectiveness of product safety legislation, ensuring a greater consistency across industries and requiring important administrative and regulatory changes. Within the supply chain, this has extended to those who are responsible for ensuring the safety and appropriability of goods. In particular, the NLF changed the rules for fulfilment houses which previously had no clearly defined responsibility: they are now considered a ‘distributor’ and must abide by those rules. The NLF aims to improve market surveillance, to better protect both consumers and professionals from unsafe products. This includes giving manufacturers, importers and distributors transparent obligations, extending their scope of responsibility. The EC’s Blue Guide on the implementation of EU product rules is a useful reference to understand all of the directives, regulations and decisions that fall under the NLF. The NLF aims to deliver improved
traceability of consumer products throughout the supply chain, refining the proficiency of recalls and withdrawals to help market surveillance authorities determine if a product is certifiable. Manufacturers and importers must therefore ensure that products bear their name/trademark and address. Online channels have brought their own challenges, as the global internet marketplace often utilises fulfilment houses to store and post the product locally, but at no time do these freight forwarders own the product. This means that when the goods are bought from outside of the EU, there is no clear party accountable for marketing the goods. The problem is that many such products have no code, no brand name and are often unsafe. Under the NLF, fulfilment houses would now be considered to be a distributor and, therefore, must take responsibility for what they store and ship for third-parties, ensuring compliance.
22 SEPTEMBER 2019 | ELECTRONICS As such, fulfilment houses must verify
that the product bears the required conformity marking - i.e. CE marking - and it is accompanied by the relevant documents, instructions and safety information, all of which must be in a suitable language for the end user. Products that fall under a CE marking Directive cannot be imported into the EU unless they show that mark. Customs officials keep watch for the CE marking on products entering ports, and those businesses importing into the EU are required to hold test reports and certificates that prove compliance. If such information is missing, this may result in their prosecution, as they have a legal responsibility for holding proof. There is a widespread assumption
that CE marking stamped on a product is proof of its safety. Companies run the risk of falling foul of this misunderstanding. CE marking is simply a manufacturer’s self-declaration that the product complies with the relevant European legislation. In practice, this means that it must comply with the essential requirements of the relevant EU directives. Less scrupulous manufacturers may not bother to test products and may simply affix the CE marking and sign the Declaration of Conformity (DoC). Due to language issues, other manufacturers who mean well
are misunderstanding the requirements of a complex set of directives - giving products that should fail tests a CE marking. This of course means that there is an increasing problem in the supply chain with counterfeit goods. Not only does this have major implications for the safety of end-users, but also for reputable brand owners and manufacturers who, while they take product safety and compliance seriously, may be caught out by a failure within their supply chain.
Claire Gittens, business line manager, consumer product service, TÜV SÜD
Under the NLF, the distributor is also responsible for ensuring that both the manufacturer and importer have met their traceability obligations by including their name and address, as well as a product identification number. In other words, the fulfilment house must be able to identify who has supplied the product to them, and demonstrate that the relevant steps have been taken to ensure that the product is compliant, fully traceable and that due care has been taken when storing and transporting the product. It is therefore vital
that every business fully understands its role in the supply chain and what its legal requirements are. For example, if a retailer has ‘own brand’ products,
they are considered to be a manufacturer and must
therefore comply against those requirements. It is the responsibility
of every player in the supply chain to ensure that they have the correct documentation and, if in doubt, seek advice from an expert such as Trading Standards.
TÜV SÜD
www.tuvsud.com / ELECTRONICS
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