This is how we conduct market surveillance

Select a topic you would like to learn more about

• This is how we conduct market surveillance

  Our market surveillance is conducted through targeted inspections of a sample of products, or in response to notifications of accidents or complaints from consumers. We may also receive information from other supervisory authorities in Sweden or elsewhere in Europe concerning defective products or services. As companies have a statutory obligation to notify competent authorities of defective products or services, notification may come directly from companies.

  Products and services suspected of being unsafe or failing to comply with statutory requirements are selected for testing or inspection. Inspections may include planned visits to selected companies.

  Even if a notification does not lead to a supervisory case, it may still be used as a basis for future proactive market surveillance on a larger scale.

  The ultimate purpose of market surveillance is to safeguard consumers and their health. We are also keen to ensure that, as a business, you shoulder your responsibility to market only safe products and services. Market surveillance also contributes to fair competition between businesses.

  Further reading about market surveillance på marknadskontroll.se

• Processing supervisory cases related to product safety

  Reactive market surveillance

  When we receive information that a product or service is defective, we register this in our registry. We then assess the information to determine whether there is reason to launch an investigation. If we decide there is reason to investigate the matter, we will open a supervisory case.

  The role of the notifier

  The person making notification is not part of the case. and will not receive any information about the processing of the case or the decision. Nor can the notifier appeal in that capacity against a decision issued by the Swedish Consumer Agency.

  Proactive market surveillance

  We will also open a supervisory case if our sample inspections discover defects in a product or service.

  Contact established with the company

  If we decide to open a supervisory case, we will contact the company in question, which will then be our counter-party in the case. The company will be invited to give its views on the matter in question by submitting an opinion and any documentation we may request. As the counter-party, you will always have the opportunity to express your views on all of the information that emerges in the case, including any information received from third parties.

  The Swedish Consumer Agency will make an overall assessment based on the available material. We may also request supplementary information and even conduct our own inspections.

  The company’s obligation to respond

  As the counter-party to a supervisory case, you have an obligation to disclose the information we need and to respond by the stated deadline. To determine whether a product meets safety requirements, we will need access to relevant information, documents, product samples and the like.

  When we cannot find anything wrong

  If we do not find anything to suggest that a product is dangerous or defective, we will close the case without further action.

• Corrective measures when products are found to be unsafe

  If we find that a product is not in compliance with safety requirements, we will do our best to reach an agreement by which you voluntarily take measures to remove the risk of injury. The necessary measures are decided in relation to the risks posed by the product. For example:

  • improving safety information given when the product is sold;
  • halting/prohibiting sales;
  • publishing warnings to consumers who have purchased the product;
  • a product recall involving repair, replacement or refund; and/or
  • halting/prohibiting exports.

  If you fail to take the necessary measures voluntarily, we may issue an injunction prohibiting the sale of the product or ordering other measures. Before you receive a final decisions from the agency, we will send you a final assessment to ensure that all the facts of the case have been communicated. The decision may be appealed to the administrative courts.

  An injunction is usually associated with a fine. If you fail to take the measures we ask you to take, we will apply to the courts to impose a fine.

  If you breach your obligations, you risk a sanction fee

  If you breach your obligations pursuant to the Swedish Product Safety Act (SFS 2004:451), whether intentionally or through negligence, you may be liable to pay a sanction fee. Sanction fees range from SEK 5,000 to SEK 5 million. Sanction fees are imposed by the administrative court on application from the agency.

• General information on the processing of supervisory cases

  All documents that are drawn up, sent or received by the Swedish Consumer Agency that are significant to a supervisory case are registered in the agency’s registry system. If any part of processing the case takes place orally, an official note will be prepared and this will be registered. The registry is available on our website and states whether the document relates to a supervisory case.

  To the Swedish Consumer Agency’s registry (in Swedish)

  Documents in our registry are official documents, meaning that they may be disclosed under the principle of public access to information. The Swedish Consumer Agency will make a determination on whether any information should be subject to secrecy based on the provisions of the Public Access to Information and Secrecy Act (SFS 2009:400).