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OCCP's competence in the field of CE marking
Competence of the President of the OCCP related to CE marking and description of control system
The market survaillance is created by the President of the Office of Competition and Consumer Protection (OCCP) and specialised agencies authorised to inspect products and conduct administrative proceedings concerning their incompliance with essential requirements, i.e.:
- Trade Inspectorate,
- National Labour Inspectorate,
- Inspection for Environmental Protection,
- Railway Transport Office,
- Office of Telecommunications and Post Regulation,
- State Mining Authority,
- Maritime Offices,
- Building Control
Customs authorities cooperate with specialised agencies which verify products imported from third countries (outside the European Union).
The President of the OCCP monitors the market surveillance. His duties also comprise:
- cooperation with specialised agencies,
- opining periodical inspection plans of specialised agencies,
- providing to specialised agencies information indicating that a given product does not comply with essential requirements,
- management of the Register of incompatible product with fundamental claims
Specialised agencies perform inspections on the request of the President of the OCCP or at their own initiative. If during an inspection it is found that a product does not meet the essential requirements, administrative proceedings are initiated.
If a manufacturer does not take actions voluntarily in order to eliminate any incompliance with essential requirements or to withdraw the product from the market, a competent inspection may notably:
- issue a decision to notify users that a product does not meet essential requirements,
- prohibit further transfer of the product to users or sellers,
- issue a decision to withdraw the product from circulation.
Information about issued decisions concerning products non-compliant with essential requirements is transferred to the President of the OCCP, who registers it in the Register of incompatible product with fundamental claims. The Court may impose a fine up to 100 thousand zlotys on a manufacturer.