// GLOSSARY
Market Surveillance Authority
A market surveillance authority (MSA) is a national authority in an EU Member State responsible for verifying that products placed on the EU market comply with applicable EU legislation, including ESPR. MSAs conduct market checks, product testing, and document reviews to identify non-compliant products.
Truth Anchor: This definition is based on Regulation (EU) 2024/1781 (ESPR) and related EU legislation. Source: EUR-Lex CELEX:32024R1781
Powers of Market Surveillance Authorities
ESPR Article 62 grants market surveillance authorities extensive powers to enforce compliance. They can: require manufacturers, importers, and distributors to provide technical documentation and DPP data; conduct inspections of products and premises; take samples for testing; order the withdrawal or recall of non-compliant products; prohibit the placing on the market of non-compliant products; and impose penalties on economic operators who fail to comply.
How MSAs Verify DPP Compliance
MSAs will verify DPP compliance by scanning the QR code on a product and checking that the DPP data is accessible, complete, and accurate. They will compare the DPP data against the product's technical documentation and physical characteristics. MSAs will also check that the EU Declaration of Conformity is available and that the CE marking is correctly affixed.
EU Market Surveillance Network
EU MSAs coordinate through the EU Product Compliance Network (EPCN) and the Administrative Cooperation (ADCO) groups for specific product categories. This coordination enables MSAs to share information about non-compliant products and to conduct joint enforcement actions. Non-compliant products identified in one Member State can be flagged to MSAs in all other Member States through the RAPEX/Safety Gate rapid alert system.
Interaction with Customs
EU customs authorities work with MSAs to prevent non-compliant products from entering the EU market. Customs authorities can detain products at the border pending MSA review. Products that cannot demonstrate ESPR compliance — for example, by providing a valid DPP — can be refused entry into the EU.
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Market Surveillance Authority Powers Under ESPR
Market surveillance authorities (MSAs) in EU member states have extensive powers to enforce ESPR compliance. Under the Market Surveillance Regulation (EU 2019/1020) and ESPR, MSAs can: request technical documentation and DPP data from manufacturers, importers, and distributors; conduct product testing to verify compliance with ecodesign requirements; order the withdrawal of non-compliant products from the market; require manufacturers to take corrective action; impose financial penalties; and share information about non-compliant products through the EU's RAPEX database. MSAs can also conduct unannounced inspections of manufacturing facilities and warehouses to verify compliance.
Market Surveillance Coordination Under ESPR
ESPR introduces enhanced coordination between MSAs in different EU member states. The Market Surveillance Regulation (EU 2019/1020) establishes the Union Product Compliance Network (UPCN), which coordinates market surveillance activities across the EU. Under ESPR, MSAs are required to share information about non-compliant products and enforcement actions through the UPCN. This coordination is particularly important for products that are placed on the market in one member state but sold throughout the EU — a non-compliance finding in one member state can trigger enforcement action in all member states. Manufacturers should ensure that their ESPR compliance programmes are consistent across all EU markets, as a non-compliance finding in one market will likely be followed by enforcement action in others.
Market surveillance authorities have broad powers under the EU Market Surveillance Regulation (EU 2019/1020) to investigate and address non-compliant products. These powers include: requiring manufacturers, importers, and distributors to provide technical documentation and DPP data; conducting product testing at the manufacturer's expense; ordering the withdrawal of non-compliant products from the market; ordering the recall of non-compliant products from consumers; and imposing financial penalties. The EU Market Surveillance Regulation also establishes the EU Product Safety Network, which enables MSAs in different member states to share information about non-compliant products and coordinate enforcement actions. Under ESPR, MSAs will have additional powers to access DPP data and to verify the accuracy of DPP data against the product's technical documentation.