Over the last months, the EVA has intensified its campaign for fair competition in the vending industry. The aim of this campaign is to raise awareness among vending operators about purchasing compliant equipment, preparing additional guidance for members to aid implementation of applicable legislation, and requesting both the EU Commission and national market surveillance authorities to increase checks on machines placed on the market.

This follows a significant increase of visibly non-compliant machines being placed on the market and offered for sale at trade shows over the last few years. Non compliant equipment poses safety risks for both the end consumer as well as for machine technicians. Operators buying equipment from manufacturers who are not based in the EU are furthermore deemed the legal importer, bringing additional responsibilities and risks, particularly if the machine is deemed as non-compliant.

As part of the campaign, the EVA recently reached out to MEP Stefano Cavedagna (ECR) to highlight the situation in the vending industry and we are grateful that he consequently tabled an official written question to the EU Commission, asking how it intends to resolve this market distortion. We are pleased to report that Executive Vice-President of the EU Commission and Commissioner for the Internal Market, Stéphane Séjourné,  has now responded to the question. While the answer does not specifically address enforcement of vending machines directly, it does outline a number of positive steps that should increase the efficiency of market surveillance, including the revision of the MSR, EU Customs reform to enable smarter checks on machines, and various joint enforcement actions.

Both the full written question and the answer outlined below:

Question by Stefano Cavedagna MEP
Subject:       Import into and sale on the EU market of non-compliant vending machines and coffee machines from third countries
Ever more vending machines and coffee machines from third countries, in particular China, which fail to meet the applicable EU legislation are being imported into and sold on the EU market.
These products, which are often not offered by an EU-based economic operator within the meaning of Article 4 of Regulation (EU) 2019/1020, are apparently circumventing market oversight arrangements, thus distorting competition to the detriment of European companies that must comply with strict requirements in terms of safety, CE marking, hygiene, energy labelling and fluorinated gas legislation.
This state of affairs exposes EU-based economic operators to significant risks of legal liability and penalties and undermines the overall credibility of the sector.
Can the Commission therefore say:
1.         How it intends to enforce Regulation (EU) 2019/1020 more strictly to prevent the sale of non-compliant vending machines and coffee machines without a designated EU-based economic operator?
2.         Whether it intends to push for coordinated market oversight by Member States to improve the traceability of entities responsible for compliance under Article 4(1) of Regulation (EU) 2019/1020?
3.         Whether it intends to enforce, in coordination with the customs authorities of the Member States, stricter risk profiles and border checks on non-compliant products before they are placed on the EU market?

EU Commission answer
Tackling non-compliance is a key objective of the Single Market Strategy. In this context, the Commission is revising the Market Surveillance Regulation (MSR) as part of the European Product Act. The MSR revision’s aim is to strengthen enforcement on products imported from third countries, including through clearer obligations, enhanced accountability and traceability of manufacturers non-established in the EU, and to reinforce cooperation between Member States to ensure more effective cross-border enforcement.

In addition to the revision of the Market Surveillance Regulation, the EU Customs Reform will structurally reinforce the capabilities of enforcement authorities to control the flow of goods at the EU border, by introducing a new EU Customs Authority which will operate the EU Customs Data Hub and run a central risk analysis. This will enhance coordination and information sharing among customs authorities and with other competent authorities, leading to a smarter approach to controls related to imports posing risks to the EU economy and citizens, hereunder non-compliant vending and coffee machines from third countries.

The Commission also coordinates joint enforcement actions, targeting products in multiple sectors which are available for sale in brick and-mortar shops and online. These actions strengthen enforcement across Member States and allow exchange of best practices.