One of the fundamental freedoms of the European internal market is the free movement of goods. Economic Operators must ensure that the products meet all legal requirements. Market surveillance verifies this and allows measures restricting the movement of non-compliant products in the EU. By doing so market surveillance guarantees the protection of all aspects of public interests, such as the health and safety of persons or the environment, while also ensuring fair competition.
Market surveillance is defined by Regulation (EC) No 765/2008, as the activities carried out and measures taken by public authorities, to ensure that products comply with the applicable requirements and do not endanger health, safety or any other aspect of public interest protection. These applicable requirements are contained in Union harmonisation legislation, laying down rules on marketing products.
Market surveillance activities can be carried out proactively, on the Market Surveillance Authority’s initiative, or reactively, following accidents, complaints or other intelligence requiring investigation. Formal market surveillance measures can only be addressed once a product has been placed on the market, put into service or presented to customs with a view to be released for free circulation. However a Market Surveillance Authorities may also encourage compliance by providing information on applicable legislation (e.g. via press releases, dedicated websites or information campaigns) at any stage of the design and production process and carry out checks at trade shows fairs and exhibitions.
According to Article 39 of Presidential Decree 98/2017 (corresponding to Article 39 of Directive 2014/53/ΕΕ), for Surveying and Monitoring the Market of radio equipment, article 15(3) and articles 16 to 29 of EU Regulation 765/2008 are applied. Competent market surveillance authority for radio equipment is ΕΕΤΤ in accordance with the provisions of paragraph (λε) of Article 12 of Law 4070/2012.