European national agencies, such as Customs authorities and/or the Departments of Health, Industry and Labor, have been appointed to conduct market surveillance for CE marking. The purpose of this surveillance is to ensure that the provisions of the New Approach Directives have been met for products marketed within the European Union. In pursuit of this goal, surveillance authorities will:
The surveillance authority can ask for the manufacturer's declaration of conformity and technical file after making a random check. The manufacturer, his authorized representative or the importer must be able to provide the technical file within seven to 10 days after the surveillance authority makes the request. If the product is found to be noncompliant, corrective action will depend on and be appropriate to the level of noncompliance.
The surveillance authority will hold accountable the person responsible for affixing the CE marking to the noncompliant product. Others responsible for the noncompliance of the product will be held accountable as well. Penalties, which may include imprisonment, are determined by national law.