GERMANY Law and Practice Contributed by: Michael Molitoris, Tanja Hütt, Maike Dickmann and Simon Marchlewski, SZA Schilling, Zutt & Anschütz
• Regulation (EU) 2018/858 on the approval and market surveillance of motor vehicles and their trailers; • Machinery Regulation; • Regulation on the safety of toys; • Regulation on the provision of personal pro - tective equipment on the market; • Regulation on the provision of recreational craft and recreational craft traffic; • Aerosol Dispensers Regulation; • Pressure Equipment Regulation; and • Regulation (EC) No 1907/2006 on chemical substances (REACH). Market Surveillance The tasks and powers of the market surveillance authorities are governed by the European Mar - ket Surveillance Regulation (EU) 2019/1020. For products that are not covered by this Regula - tion, the German Market Surveillance Act ( Mark- tüberwachungsgesetz or the “MÜG” ) applies. 1.2 Regulatory Authorities for Product Safety At the Federal level, the Federal Ministry of Labour and Social Affairs ( Bundesministerium für Arbeit und Soziales or the “BMAS” ) is generally responsible for product safety and the respec - tive legislation. However, for most products, market surveillance is carried out at the level of the Federal states by the administrative districts ( Regierungsbezirke ) or trade supervisory authori - ties ( Gewerbeaufsichtsämter ). This means that there is no central market surveillance authority for most products in Germany. Instead, there are several authorities, which are each responsible for their own area. In addition, there are national level authorities for specific product groups. These include the:
• Federal Office of Consumer Protection and Food Safety ( Bundesamt für Verbraucher- schutz und Lebensmittelsicherheit or the “BVL” ) which co-ordinates the activities of the authorities responsible for food monitoring in the federal states in Germany. It is respon - sible for products such as cosmetics, food contact materials, toys, clothing and jewel - lery, which are regulated by the LFBG; • Federal Motor Transport Authority ( Kraftfahrt- Bundesamt or the “KBA” ) is responsible for regulatory matters regarding vehicles; • Federal Network Agency ( Bundesnetzagentur or the “BNetzA” ) is responsible for the control of products related to radio equipment and electromagnetic compatibility; • Federal Institute for Drugs and Medical Devic - es ( Bundesinstitut für Arzneimittel und Mediz- inprodukte or the “BfArM” ) is responsible for the central collection, analysis and evaluation of risks arising from the use or application of medical devices; and • German Institute for Building Technology ( Deutsches Institut für Bautechnik or the “DIBt” ) is responsible for the compliance of construction products with the relevant requirements. 1.3 Obligations to Commence Corrective Action The new GPSR, which has applied since 13 December 2024, contains very detailed and far- reaching requirements for corrective actions with regards to products used by consumers. According to Article 9 (8) of the GPSR, a manu - facturer will take corrective measures and inform consumers of the corrective measures taken, if it considers or has reason to believe that a product which it has placed on the market is a danger - ous product within the meaning of the GPSR. The corrective measures to be taken include a
97
CHAMBERS.COM
Powered by FlippingBook