Objective of Market Surveillance
The objective of market surveillance is to carry out sample-based checks on the compliance of non-food products in order to:
- guarantee the proper functioning of the free circulation of products in the single market
- Prevent unfair competition between businesses
- Detect non-compliant products in free circulation in order to protect end users and the environment.
Related products and Competent Authorities
In Luxembourg, several authorities are responsible for product market surveillance, depending on the products covered by the various legislative acts.
For example, for medical devices, the Pharmacy and Medicines Division of the Directorate of Health is the competent authority, whereas for chemical substances, the competent authority is the Environment Agency (AEV).
The complete list of competent market surveillance authorities can be found in the document entitled “Competent Market Surveillance Authorities, Consumer Protection Authorities and Notified Bodies in Luxembourg”.
ILNAS is the competent authority responsible for market surveillance in the areas of activity specified in Article 8 of the amended Law of 4 July 2014 on the reorganisation of ILNAS.
These areas include, for example:
- Toys
- Electrical, electronic and radio equipment
- Machinery
- Construction products
- Motor vehicles
- Etc.
Inspections, which may be administrative and/or technical, are carried out on a sampling basis and cover products sold both in physical stores and on online platforms.
Information sheets by type of product are available on the Quality Portal.
Economic operators (manufacturers, authorised representatives, importers, distributors and fulfilment service providers) are responsible for ensuring that products comply with the applicable legal requirements.
Please note: The CE marking is mandatory under certain sector-specific legislation. Affixed by the manufacturer or their authorised representative, it indicates that the product complies with all applicable EU legislative requirements.
Note: The "CE" marking is mandatory under certain sector-specific legislation. Affixed by the manufacturer or their authorised representative, it indicates that the product complies with all applicable EU legislative requirements.
Products Entering EU Territory (Imports)
For products entering EU territory (imports), inspections are carried out by the Customs and Excise Administration (ADA), with the support of ILNAS.
In the event of non-compliance, the product cannot be made available on the national market. Consequently, the Customs and Excise Administration refuses its release for free circulation.