1. Member States shall establish appropriate communication and coordination mechanisms between their market surveillance authorities.
2. Member States shall establish adequate procedures in order to:
(a)
follow up complaints or reports on issues relating to risks arising in connection with products subject to Community harmonisation legislation;
(b)
monitor accidents and harm to health which are suspected to have been caused by those products;
(c)
verify that corrective action has been taken; and
(d)
follow up scientific and technical knowledge concerning safety issues.
3. Member States shall entrust market surveillance authorities with the powers, resources and knowledge necessary for the proper performance of their tasks.
4. Member States shall ensure that market surveillance authorities exercise their powers in accordance with the principle of proportionality.
5. Member States shall establish, implement and periodically update their market surveillance programmes. Member States shall draw up either a general market surveillance programme or sector specific programmes, covering the sectors in which they conduct market surveillance, communicate those programmes to the other Member States and the Commission and make them available to the public, by way of electronic communication and, where appropriate, by other means. The first such communication shall be effected by 1 January 2010. Subsequent updates of the programmes shall be made public in the same manner. Member States may cooperate with all relevant stakeholders to those ends.
6. Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourth year and the results thereof shall be communicated to the other Member States and the Commission and be made available to the public, by way of electronic communication and, where appropriate, by other means.