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. This page describes the process. The steps of the process are explained in more detail at the bottom of the page.
Tukes selects the products from the market by using a risk-based approach and investigates notifications concerning non-compliant or potentially dangerous products submitted by parties such as companies, consumers or other public authorities. Tukes has a legal right to prioritise cases on the basis of the assessed risks of a product. Tukes prioritises products that pose a serious risk above lower-risk products.
When Tukes investigates the conformity of a product, usually the first step is to send a request for information to the party responsible for the product (customer). The customer can be a manufacturer, importer, retailer or distributor of the product or another similar party. The customer responds to the request for information, after which Tukes will assess whether to continue the process. Subsequently, Tukes either concludes the case and sends a closing letter to the customer or continues the process.
If Tukes continues the process, it sends a hearing letter to the customer, allowing the customer to respond and comment on the matter. Next, Tukes resolves the matter by using the information at its disposal and concludes the case. It may also close the case after the hearing, in which case it will send a closing letter to the customer. If necessary, Tukes issues a binding administrative decision.
Information about dangerous goods is published on the Dangerous products website and the European Union’s Safety Gate website.
Tukes monitors that the customer takes the measures imposed in the decision. If the customer does not take the measures imposed in the decision, Tukes may, according to applicable legislation, oblige the customer to take action by imposing a conditional fine, impose an administrative penalty payment to the customer or have the measures taken at the customer’s cost.
A request for information means that Tukes needs more information about the matter. The request for information is often Tukes’s first step towards the customer, and it usually concerns the product’s safety or compliance. Tukes primarily sends the request for information by email. The customer can take any measures voluntarily on its own initiative after receiving the request for information.
On the basis of the information provided by the customer, Tukes will assess how to proceed with the matter and whether it is necessary to continue the process. By responding to the request for information, the customer can influence the outcome of the matter. In its response, the customer may notify Tukes of how the conformity of the product has been ensured and/or what kind of voluntary corrective measures the company has taken. Usually, the customer has two to three weeks to respond.
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 process. More time to provide the requested information may be granted on a discretionary basis.
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 its closing.
A closing letter means that the processing of the matter by Tukes will be discontinued until further notice. Tukes sends you a closing letter when it considers that, on the basis of the information provided, it is not necessary to issue any binding orders or bans. This is the situation if all the necessary measures have been taken voluntarily, for example.
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 provide useful instructions or recommendations in the closing letter and inform the recipient of general product safety obligations. Tukes usually sends the closing letter by email.
A hearing means that Tukes is preparing a decision based on the clarifications it has received and provides the customer with an opportunity to comment on the matter and express an opinion on it before the case is resolved. By this stage, the customer should mention all the factors that it believes may affect the outcome of the matter. These include corrective measures taken out voluntarily, for example.
If Tukes tests the product to investigate its conformity, the hearing will be the first contact towards the customer and no request for information will be necessary.
If Tukes does not receive a response to the hearing within the given deadline, Tukes may resolve the matter using the information at its disposal. At its discretion, Tukes may grant additional time to submit a response to the hearing.
Tukes primarily sends the hearing letter 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. Usually, the customer has two to three weeks to respond. However, in urgent cases, the response time may be significantly shorter.
Tukes can decide to issue a ban to the customer or an obligation to take the necessary measures. The decision can be a ban on sales or an order to recall a product, for example. Tukes may also oblige the customer to compensate for the costs incurred by the purchase, testing and investigation of the products.
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 primarily sends the decision by post with a certificate of service.
If the customer 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. For example, there is no need for Tukes to issue a separate sales ban decision in connection with a product recall case if the customer has voluntarily taken all the necessary measures.
Even if the customer has taken all the necessary measures, Tukes may still charge the customer for the costs incurred by the purchase and testing of product samples.
Regardless of whether the customer takes the necessary measures voluntarily or following an order by Tukes, the product information will be published on the Dangerous products website and in the EU’s Safety Gate system. The information also mentions whether the customer has taken out the measures voluntarily or following an order by a public authority.
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 solution is to implement all the necessary measures simultaneously as high up in the supply chain as possible also in other countries.
If the Finnish or EU/EEA parties in the supply chain do not take all the necessary measures voluntarily, Tukes will issue the decision to a Finnish company. In addition, only a Finnish company can be charged for the costs of acquiring and testing samples.
For more information on the measures, please see Methods of supervision.
