Market Surveillance Authorities often find themselves in a situation in which they have to decide if a certain product conforms to the general safety requirement of a certain directive (e.g. GPSD, LVD, Toys, PPE …) and/or if a product is covered by these directives. If no standards, national legislation, recommendations or safety codes exist for this product, or if these documents do not take account of all the safety aspects of this product, than their decision may be taken inaccurately or based on insufficient information. Any decision needs to have considered the state and art of technology and/or reasonable consumer expectations concerning safety. In these cases it will be necessary to make a judgement call based on experience and the results of a risk analysis.
To assure a correct and non-biased result, it would be very useful if the individual market surveillance officers could get a rapid and informal first assessment and feedback from fellow officers (from other Member States). This assessment and feedback given by individual market surveillance officers will be based on their personal experience and expertise. Their opinion will not necessarily reflect the opinion of their Member State, nor will it ever be regarded as a binding opinion of a Member State. The Member State receiving the assessment is in no way obliged to take this assessment and feedback into consideration.