Market Surveillance
Definition
Market surveillance is the EU's system for enforcing product compliance requirements. Market surveillance authorities (MSAs) — designated national agencies in each EU member state — check whether products placed on the EU market meet applicable legal requirements. For DPP-regulated products, this includes verifying that a valid DPP exists, is accessible via the product's data carrier, and contains the data required by the relevant delegated act.
Legal framework
Market surveillance is governed by the Market Surveillance Regulation (EU) 2019/1020, which provides the horizontal framework for all product sectors. Sector-specific regulations (ESPR, Battery Regulation, PPWR) add product-specific enforcement provisions.
ESPR Article 35 gives market surveillance authorities explicit powers to:
- Access DPP data to verify compliance
- Request the economic operator to demonstrate that the DPP is accurate and complete
- Withdraw non-compliant products from the market
- Impose penalties through national enforcement bodies
Role of customs
Customs authorities act as the first line of market surveillance for products entering the EU from third countries. Under ESPR and the Market Surveillance Regulation, customs can:
- Check whether a product carries a valid data carrier (QR code) and whether it resolves to a registered DPP
- Query the DPP Registry to confirm the unique identifier is legitimate
- Refuse entry to products that lack a required DPP or whose DPP data does not match physical product characteristics
This border-level check is one of the reasons the EU requires DPPs to be registered before products are placed on the market — not after.
How DPP changes market surveillance
Before DPPs, market surveillance relied heavily on paper-based audits, physical product testing, and reactive complaints. DPPs change the model:
- Proactive verification — MSAs can check product data remotely without visiting the physical product
- Targeted inspections — data anomalies (carbon footprint claims inconsistent with manufacturing data, substance declarations that don't match SCIP records) flag products for physical inspection
- Risk-based prioritisation — digital data enables statistical analysis of the market to identify high-risk product categories or geographic concentrations of non-compliance
Penalties
Penalties for non-compliance with DPP and ecodesign requirements are set by national law, within EU minimums. ESPR does not set a uniform penalty but requires member states to ensure sanctions are effective, proportionate, and dissuasive.
Related terms
- Digital Product Passport (DPP) — what market surveillance authorities verify
- DPP Registry — the central system MSAs query to confirm DPP existence
- Economic Operator — the party responsible for DPP compliance
- ESPR — the regulation that defines market surveillance powers for DPPs