As reported by anwalt.de, market surveillance (e.g. Product Safety Act) extends to include stationary trade (offline trade) as well as online trade along with the inspection of goods in shops, supermarkets and other physical points of sale, through spot checks or indications of defective or dangerous products, for instance. In this way, market surveillance can carry out its checks on the basis of product descriptions, labelling, certificates, online evaluations or customer complaints.
According to anwalt.de, the focus can be on meeting the following requirements:
- The German Electrical and Electronic Equipment Act (ElektroG/WEEE Germany)
- Batteries Act
- REACh
- Electromagnetic compatibility (EMC)
- Energy-related products
- Radio equipment (e.g. mobile phones)
- Tobacco products (e.g., e-cigarettes)
- Product labelling
- Packaging labelling
According to our own experience, however, this list is not exhaustive. Although there are focal points, no legislation can be ruled out altogether in this context. In order to test the products, the market surveillance authority may ask you to provide technical documentation, certificates, declarations of conformity or the product itself. In the event of a violation, the authority in question will point this out and order measures to ensure compliance with the regulations. Companies receive a Hearing sheet in advance. This is the basis for issuing an administrative act. The market surveillance authority may also impose sanctions or fines or take further legal action to enforce compliance. This can have far-reaching implications for your company. Accordingly, you should take letters from the market surveillance authority seriously and respond promptly and correctly.
This is where trade-e-bility can help you. If you have any questions or problems with the market surveillance authorities, please call us on +49/40/750687-300 or write to beratung@trade-e-bility.de.
