The policy of the Department for market surveillance of products for which the CE mark is required, is implemented by the Machinery and Equipment Sector by means of enforcing a series of national and European legislation. This is achieved with staff at the Head Office of the Department and at the various District Offices.
Free movement of products that require the CE mark
The legislation that regulates the free movement of certain categories of products, for which the CE marking is required, is the Essential Requirements to be fulfilled by Specific Categories of Products Law of 2002, as amended, as well a series of specific Regulations for everyone of the 21 categories of products. These Regulations are issued in accordance with article 59 of the above Law.
The Essential Requirements to be fulfilled by Specific Categories of Products Law of 2002, was amended with Law 29(I)/2003, Law 258(Ι)/2004, Law 89(Ι)/2005, Law 71(Ι)/2009, Law 7(Ι)/2011, Law 90(Ι)/2011 and Law 54(Ι)/2013. The Law is considered the «Framework Law» and contains the fundamental principles of the CE mark and market surveillance, the procedure for the approval of Notified Bodies, the powers of the competent authorities, the penalties imposed on the violations of the legislation, etc.
The specific Regulations specify the essential safety and health requirements that every product that falls within the scope of one or more of the 21 categories of products must fulfil as well as the conformity assessment procedures available for the manufacturer / installer to demonstrate the compliance of the product with the essential requirements that apply.
The unified text of the above Law has no legal substance and is merely provided for information purposes only.
The Minister of Labour and Social Insurance or the Director of the Department of Labour Inspection is, per specific piece of legislation, the competent authority for the following 7 out of the 21 categories of products:
Machinery,
Pressure Equipment,
Simple Pressure Vessels,
Lifts,
Personal Protective Equipment,
Equipment and Protective Systems intended for use in Potentially Explosive Atmospheres and
Noise Emissions from Outdoor Equipment.
EUROPEAN REGULATION (EC) No 765/2008
On 1.1.2010, the European Regulation 765/2008/EU setting out the requirements for accreditation and market surveillance relating to the marketing of products, was put into force.
The Regulation does not require transposition into the national legislation of the member states and applies as such. It lays down rules on the organisation and functioning of accreditation of the conformity assessment bodies, the control of products originating from third countries and the CE marking. The purpose is to enhance the existing Union legislation that regulates products requiring the CE mark.
Moreover, the Regulation provides the framework for market surveillance, which specifies minimum requirements with respect to the targets to be achieved by member states as well as the framework for administrative cooperation that includes exchange of information between member states.
Also, the Regulation establishes the CE mark as the only marking that demonstrates compliance of a product with the applicable European legislation.
EUROPEAN REGULATION (EU) 2019/1020
On 25.6.2019 the European Regulation on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 was published in the Official Journal of the European Union.
This Regulation improves the functioning of the internal market by strengthening the market surveillance of products covered by the Union harmonisation legislation, ensuring that only compliant products are made available on the Union market thus providing a high level of protection of the safety and health in general, the safety and health at the workplace, the protection of consumers and of the environment.
This Regulation lays down rules and procedures for economic operators regarding products subject to certain Union harmonisation legislation, establishes the framework for cooperation with economic operators and provides the framework for controls on products entering the Union market.
It should be noted that articles 15 to 29 of Regulation (EC) No 765/2008 laying down the Community market surveillance framework and controls of products entering the Community market will be deleted and the respective provisions replaced by this Regulation. That new framework includes the provisions on controls of products entering the Community market, which apply not only to products covered by the market surveillance framework, but to all products in so far as other Union law does not contain specific provisions relating to the organisation of controls on products entering the Union market.
Blue Guide on the implementation of EU product rules that provide for the CE mark
This guide aims to facilitate the better understanding of EU rules for CE marked products and the uniform and coherent implementation of these rules by the various sectors of the single market.
It is addressed to member states and other interested parties, e.g. trade and consumer associations, standardisation bodies, manufacturers, importers, conformity assessment bodies, who wish to be informed of the provisions designed to ensure the free circulation of products and a high level of protection throughout the Union.
The guide is intended purely as a guidance document. Only the text of the Union harmonisation act itself has legal force.
The first edition of the guide was in 2000 and it was replaced in 2022 by a new edition. The latest edition of the guide includes new chapters, for example on the obligations of economic operators e.g. manufacturers, importers, distributors, the accreditation, or completely revised chapters such as those on market surveillance or standardisation.
The guide is under review to reflect the new EU Regulation (EU) 2019/1020 on market surveillance and product compliance.
European SOLVIT Network
SOLVIT is a communication network that mediates for solving cross border disputes between European citizens or businesses with the competent authorities of member States, which derive from incorrect or inadequate implementation of the internal market legislation. In the same context, the Cyprus SOLVIT Centre mediates for the settlement of problems that may arise from incorrect or inadequate implementation of the common market legislation from the Cyprus competent authorities, provided that the problems are of a cross border nature.
The applicant files a complaint by sending an e-mail, a letter, a fax or by visiting the SOLVIT Centre of the country of his residence. The SOLVIT Centre checks if the complaint falls within the scope of the network and if it does, it is automatically forwarded to the SOLVIT Centre of the member state where the problem occurred, which will be responsible for resolving the problem. The two SOLVIT Centres remain in contact throughout the period of investigation and the applicant is kept informed. The solution which will be proposed is not binding and the applicant may accept or reject it.
More information for the European SOLVIT Network can be found on the website of the Cyprus SOLVIT Centre.
www.agrino.org/solvitcyprus
Equipment for Lifting Persons – Work Platforms Assembled or Attached on Lifting Machinery
In Cyprus the lifting of persons using lift equipment is regulated by the Minimum Requirements for Safety and Health (Use of Work Equipment at Work) Regulations of 2001 and 2004.
Special provisions are specified for detachable platforms that are usually attached or assembled on telehandlers. These provisions relate to their manufacture and use. Moreover, these provisions differentiate according to use, but generally, the lifting of persons, must be carried out by interchangeable equipment which is CE marked.
It is not recommended to lift persons using equipment, which although is designed to suspend/hold persons e.g. work platforms, cages, baskets, etc, in combination with a lifting machinery which is designed to lift goods only.
For the purpose of explaining the provisions of the applicable legislation, the Department of Labour Inspection prepared a document, available only in Greek, that clarifies the obligations of the employers or other persons that use or rent or otherwise place on the market detachable platforms on lifting machinery.
Last updated 29.7.2022
DEPARTMENT OF LABOUR INSPECTION