Responsibilities of supervisory authorities
The market surveillance authority ensures that specified products are placed on the market and put into service only if they do not jeopardize legitimate interests, i.e., the safety and health of persons or the environment, meaning that they comply with the requirements set forth in the relevant regulations. The role of the market surveillance authority is to:
- to take samples, perform analyses, and verify that products meet safety requirements;
- in the event of identified deficiencies, to require the inspected entities to remedy them within a specified time limit and to immediately inform users of the product who may be exposed to danger;
- monitor the implementation of corrective measures;
- monitor complaints or reports regarding risks associated with products;
- monitor accidents and health hazards suspected of being caused by the aforementioned products;
- further monitor and update scientific and technical knowledge on safety issues;
- monitor notifications of dangerous products within the RAPEX system.
The market surveillance authority conducts inspections of product characteristics, both through document reviews and through physical and laboratory inspections. It has the right to require economic operators to provide necessary information and may also enter the premises of economic operators in order to perform its duties completely independently and to the best of its ability. The market surveillance authority may request information and documents regarding the declaration of conformity (or, for construction products, the declaration of performance) from an authorized person or a notified body.
If the supervisory authority finds that a product has been unlawfully marked with the CE (or Ccz) marking, it shall decide to prohibit its placing on the market. If the grounds for withdrawal no longer apply and corrective measures have been taken, the supervisory authority may lift the prohibition. If the supervisory authority finds that the product poses a serious threat to a legitimate interest, it shall decide to withdraw it from the market and may order its destruction. In that case, it must take measures regarding the entities under supervision and notify the Ministry of Industry and Trade (MPO). If the product is placed on the market outside the Czech Republic in another EU Member State, the MPO must inform the European Commission to ensure the exchange of information within the RAPEX system. If an economic operator places a product on the market without the CE marking or another specified marking, or if it misuses the CE marking or places a product on the market that poses a serious risk, it faces heavy fines (up to CZK 50 million).
The market surveillance authorities pursuant to Regulation (EU) 2019/1020 of the European Parliament and of the Council on market surveillance (as amended by Regulation (EU) 2025/14 andRegulation (EU) 2025/40) and under the new Act No. 87/2023 Coll. are:
- the Czech Trade Inspection Authority,
- the Czech Mining Authority,
- the State Energy Inspection Authority,
- the Office for Technical Standardization, Metrology, and State Testing,
- the Ministry of Transport,
- the Railway Authority,
- regional public health offices,
- the State Institute for Drug Control,
- the Central Institute for Agricultural Inspection and Testing,
- the State Agricultural and Food Inspection Authority,
- the Institute for State Control of Veterinary Biologicals and Medicines,
- the Czech Environmental Inspectorate,
- the Ministry of the Interior, and
- the Ministry of Defense