EN
22.5.2023
Official Journal of the European Union
L 134/101
ANNEX 3
DRAFT
UNILATERAL DECLARATION BY THE UNITED KINGDOM IN THE JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY of .../2023 on market surveillance and enforcement The United Kingdom recalls its commitment to ensure a robust system of market surveillance and enforcement in the context of the unique arrangements agreed with the European Union in accordance with the Windsor Framework (9) to protect trade within the UK’s internal market, and Northern Ireland’s place in the UK’s customs territory, while ensuring the integrity of the European Union’s internal market and customs union.
The United Kingdom underlines that there must be robust enforcement to ensure that traders are not abusing these new internal UK trade arrangements to move goods into the European Union.
Market surveillance The United Kingdom recognises the important role of market surveillance, and the work of market surveillance authorities and other competent authorities, in meeting these objectives.
The United Kingdom will therefore continue to ensure that those authorities deliver a programme of activities which drive safety and compliance, including working with businesses to ensure they are aware of their obligations, assessing documentation and checking products on the market where relevant.
The United Kingdom will continue to: — build capability and capacity amongst market surveillance authorities and other competent authorities; — improve methodologies for product safety risk assessment; — ensure that relevant authorities have the necessary powers to undertake effective monitoring activity in the context of the international border between the United Kingdom and the European Union; — support risk-based and intelligence-led activities from relevant authorities, including appropriate audits, inspections and spot checks, to check compliance against applicable requirements; — use robust intelligence and data gathering to ensure a detailed evidence base for identifying emerging risks, including of possible movements into the European Union; — use accurate and detailed information to inform policy and enforcement decisions; and — share and receive information through any relevant IT systems on the compliance activities of market surveillance authorities and other competent authorities.
The United Kingdom will also continue to support cooperation with market surveillance authorities in other markets, via the Single Liaison Office for market surveillance.
Enforcement Robust enforcement will not involve new checks or controls at the border between Northern Ireland and Ireland, but will mean enhanced activity by relevant UK authorities, in accordance with international best practice, with the European Union and Member State authorities where appropriate, in order to protect the UK internal market and the European Union’s internal market and customs union, and robustly tackle illegal activity and smuggling, including by organised criminal groups.
(9) See Joint Declaration No XX/2023.