Law No. LP162/2023 “On market surveillance and product conformity”.

The Law establishes a legal framework for market surveillance and product conformity, aiming to enhance market functioning by ensuring that only compliant products meeting high safety, health, environmental, and security standards are available. It emphasizes principles such as independence, transparency, proportionality, and cooperation among authorities and economic operators. The Law delineates its scope, explicitly excluding certain product categories like food, medicines, and motor vehicles, while applying to products covered by EU transposing technical regulations and other relevant standards. Key measures include the responsibilities of economic operators, such as verifying conformity declarations, maintaining technical documentation, and cooperating with market surveillance authorities. The Law mandates the development of a national market surveillance program every four years, risk-based control procedures, and the use of accredited laboratories for testing. It authorizes competent bodies to undertake various enforcement actions, including product sampling, physical checks, and the issuance of corrective measures like recalls or prohibitions. The Law also details procedures for handling products entering the market, including controls by customs, suspension of release for circulation, and measures for non-compliant or risky products, with specific timelines and communication protocols. Implementation is coordinated by the Ministry of Economic Development and Digitalization, which supports cooperation among market surveillance authorities, develops strategic plans, and manages information systems. The law establishes institutional responsibilities, including designated authorities and a Single Liaison Office, and sets out procedures for mutual assistance, cross-border cooperation, and information exchange with European and international bodies. Enforcement mechanisms involve procedural rights for economic operators, risk assessments, and notification systems, with timelines and reporting requirements specified to ensure effective oversight and compliance.