1. Each Member State shall, in the national market surveillance strategy referred to in Article 13 of Regulation (EU) 2019/1020, provide a section on the market surveillance activities planned to ensure that appropriate checks, including, where appropriate, physical and laboratory checks, are performed on an adequate scale in relation to this Regulation and the delegated acts adopted pursuant to Article 4 of this Regulation.
The section referred to in the first subparagraph shall at least include:
(a)
the products or requirements identified as priorities for market surveillance, taking into account the common priorities identified by the administrative cooperation group (‘ADCO’), set up pursuant to Article 30(2) of Regulation (EU) 2019/1020, in accordance with Article 68(1), point (a), and the reports pursuant to Article 67(2);
(b)
the market surveillance activities planned in order to reduce or bring non-compliance to an end for those products or requirements identified as priorities, including the nature of the checks to be performed during the period covered by the national market surveillance strategy.
2. The priorities for market surveillance referred to in paragraph 1, second subparagraph, point (a), shall be identified on the basis of objective criteria, including:
(a)
the levels of non-compliance observed in the market falling within the competence of the market surveillance authority;
(b)
the environmental impacts of non-compliance;
(c)
where available, the number of complaints received from end users or consumer organisations, or other information received from economic operators or the media;
(d)
the number of relevant products made available on the market falling within the competence of the market surveillance authority; and
(e)
the number of relevant economic operators active on the market falling within the competence of the market surveillance authority.
3. For product categories identified as representing a high risk of non-compliance, the checks referred to in paragraph 1 shall include, where appropriate, physical and laboratory checks based on adequate samples.
Market surveillance authorities shall have the right to recover from the economic operator responsible the costs of document inspection and physical product testing in the event of non-compliance with delegated acts adopted pursuant to Article 4.