Market surveillance authority

Article 3(33) of Regulation (EU) 2024/2847 defines market surveillance authority as:

"an authority as defined in Article 3, point (26), of Regulation (EU) 2019/1020"

Regulation (EU) 2019/1020 (the Market Surveillance Regulation) defines a market surveillance authority as a national authority designated to carry out market surveillance.

Proactive market surveillance (Art. 53)

• Authorities may carry out spot checks, request documentation, purchase test samples, and conduct technical testing
• Where possible, authorities should use non-destructive methods

Powers on detection of non-compliance (Arts. 55–62)

1. Require the manufacturer to bring the product into compliance (corrective action)
2. Require the manufacturer to withdraw the product from the market
3. Prohibit or restrict making the product available
4. Require recall of products already supplied to users
5. Impose financial penalties (Art. 64)

Market surveillance authorities may request, among other things:

• Technical documentation and EU DoC
• SBOM (on reasoned request)
• Test reports from the manufacturer or notified body
• Supply chain traceability records (name/address of supplier and customer, Art. 23)

• The European Market Surveillance Network (AMSN) coordinates market surveillance activities across Member States
• ENISA supports authorities by maintaining the EU vulnerability database and the joint notification platform

Information obtained during market surveillance is subject to confidentiality obligations and the authorities must respect professional secrecy (Art. 55(2)).