Every enterprise is responsible for the products it places on the market. Those products must comply with the requirements set out in the EU harmonisation legislation, and shall not pose a risk to consumers or the environment.

On April 20th the Act on the systems of conformity assessment and market surveillance entered into force in Poland. It was drawn up by the country’s Ministry of Economic Development in cooperation with the Office of Competition and Consumer Protection (UOKiK).

The provisions on conformity assessment systems were designed to increase consumer safety. Under the law, every manufacturer, importer and distributor (including retailers) introducing products to the market shall ensure that they comply with the requirements set out by the EU harmonisation legislation and do not pose a risk to consumers or the environment.

Thanks to the harmonised system for conformity assessment with safety requirements, products marketed in Poland can be offered in other EU countries. This is why the CE marking is placed on products that have undergone conformity assessment. The new law ensures that Polish regulations are consistent with the European system. It implements a total of 13 EU sectoral directives and applies to groups of products including toys, electronic equipment and fireworks. The existing provisions of the Act on the conformity assessment system remain in force, but only for 11 product groups, including machinery and personal protective equipment.

Penalties

The new rules introduce an entirely different system of penalties for placing non-compliant products on the market. Until now, when a product was found to be non-compliant, criminal sanctions were applied. Law enforcement authorities were notified of infringements, and they initiated criminal proceedings, while the extent of fines was decided by the courts.

Under the new law, criminal sanctions are replaced by administrative penalties, including for non-compliant products, those for which conformity assessment procedures have not been carried out, and those that lack required labelling (for example, the manufacturer’s contact details) or documents (such as an instruction manual).

Financial penalties will be determined on the basis of the extent and seriousness of the infringement, though the maximum penalty has been set at 100,000 PLN.  An enterprise that proves to have effectively eliminated a lack of compliance or a hazard it was responsible for will avoid penalties.

Information about unsafe products and eliminating hazards

Any producer, importer or distributor who has reason to believe that a product they have made available on the market presents a risk, must immediately inform the competent national authorities.

Under the new Act, when an enterprise has placed a product on the market that meets  requirements but poses a risk, a financial penalty will not be incurred. However, the enterprise should provide evidence that the threat has been removed. This may include withdrawing the product from the market, destroying or recalling it from consumers or users, or informing them of the risk. If this is not done, the market surveillance authority may order the enterprise to do so.

To assist consumers and entrepreneurs searching for information on product safety and compliance, UOKiK maintains a publicly accessible register on products that do not meet requirements or pose a risk to consumers, and the entities responsible for placing them on the market.

Market Surveillance Authorities

Market surveillance authorities including the Trade Inspection, Office of Electronic Communications and the National Labour Inspectorate all control products to ensure compliance and that the products do not pose any risks. These measures are taken ex officio or when justified upon the request of the President of UOKiK. UOKiK informs not only the national authorities in Poland and the European Commission of non-compliant products, but also the Custom and the market surveillance authorities in other Member States.

Additional information for the media:

Press Office, UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Phone.: +48 22 827 28 92, +48 22 55 60 314, +48 22 55 60 430
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]

Twitter: @UOKiKgovPL