Processing of a product surveillance matter at Tukes
The processing of a product surveillance matter by the Finnish Safety and Chemicals Agency (Tukes) can involve many different steps.
The matter will remain pending at Tukes until Tukes issues an administrative decision or otherwise notifies the party concerned that the matter is closed.
Tukes processes matters through applying a risk-based approach, which means that Tukes is entitled by law to prioritise the processing of matters according to a risk assessment of the products. At Tukes, products posing a serious risk go to the top of the authorities’ work queue, bypassing lower-risk products.
Each party in the product distribution chain, from manufacturer to retailer, is independently responsible for its products, according to its role.
What to do
A request for information means that the authority requires more information about the matter. A request for information usually involves the safety of a product and/or compliance of the product. In many cases, the request for information is the first contact Tukes makes with the company. On the basis of the information provided, Tukes will assess how to proceed with the matter or whether it is even necessary to continue the processing of the matter.
Tukes has the right to obtain any information necessary for surveillance purposes. Tukes has the right to order such information to be provided under penalty of a fine. Failure to respond to the request for information will not prevent Tukes from continuing the processing of the matter. More time to provide the requested information may be granted on a discretionary basis.
A request for information is usually sent by email. If, on the basis of the information provided, Tukes considers that it is not necessary to continue the processing of the matter, Tukes will separately inform the company of the closing of the matter.
A closing letter means that the processing of the matter by Tukes will be discontinued until further notice. Tukes will send such a letter when it considers that, on the basis of the information provided, it is not necessary to issue any binding orders or bans.
In the case of some notifications, the clarification phase is unnecessary, and Tukes will close the matter directly by means of a closing letter. In many cases, Tukes will offer useful instructions or advice in the closing letter, and inform the recipient of general product safety obligations. Tukes usually sends the closing letter by email.
During a hearing, you will have the opportunity to comment on the matter and express your opinion before the matter is decided. At the latest at the hearing, you should mention all the factors that your company believes may affect the outcome of the matter.
Unlike in the case of a request for information, there is no legal obligation to respond to a hearing, but it is often in the company’s best interest to do so. If Tukes does not receive a reply within the given deadline, Tukes may decide on the matter using the information at its disposal. At its discretion, Tukes may grant additional time to submit the hearing reply.
Tukes primarily sends hearing letters by email, requesting an acknowledgement of the receipt of the message. If Tukes does not receive the acknowledgement within three working days, the hearing letter will be sent by post.
If Tukes prohibits a company from doing something or orders a company to do something, it is done through a decision. A decision can be a ban on sales or an order to recall a product, for example.
A decision is a ruling on a matter, and it is binding on the recipient. The decision is always accompanied by appeal directions, i.e. instructions on how to appeal the decision. Tukes usually sends decisions by post with an advise of delivery.
If the company has taken all the necessary measures, there is no need for Tukes to issue a binding decision. “Necessary measures” refers to measures taken to correct the defects found in the product, to eliminate the hazard or non-compliance and to inform end users of the hazard or non-compliance.
Even if the company has taken all the necessary measures, Tukes may still charge the company for the costs that arose from the acquisition and testing of product samples. Tukes may also publish a press release on the matter.
The necessary measures can also be taken by a company established outside Finland, such as the company that imported the product into the EU or a manufacturer based in another country. The most efficient way is for a company at the highest possible point in the supply chain to implement all the necessary measures simultaneously also in other countries.
Tukes cannot issue binding decisions to a company that does not have an establishment in Finland. If a Finnish company or the parties upstream of the Finnish company in the product distribution chain do not voluntarily implement all the necessary measures, Tukes will have to direct the decision to the Finnish company. In addition, only a Finnish company can be charged for the costs of acquiring and testing samples.
For more information on measures, please see Methods of supervision.
