Placing products on the market (EU commercial law)
In economic law of the European Union, in particular in product safety law, placing products on the market is the first time products are made available for use or sale in the territory of the EU.
European business law distinguishes between three different levels of regulation in the area of technical safety regulations and standards:
- general product safety (so-called b2c products),
- Specific product safety under European law for consumer and industrial goods, which can often be recognized by the CE mark ,
- the principle of mutual recognition of national regulations.
General product safety
General product safety for placing products on the market is subject to Directive 92/59 / EEC of June 29, 1992 (OJ 1992, L 228/24), amended by Directive 2001/95 / EC of December 3, 2001 (OJ 2002 , L 11/17). It applies exclusively to so-called b2c products (business to customer), i.e. not to b2b products (business to business). Accordingly, products placed on the market must be safe. Products are safe if they comply with European legal provisions or, in the absence of these, with national legal provisions.
Specific product requirements
In addition to this general product safety, there are numerous directives with specific requirements for consumer and industrial goods, especially in the areas of electrical appliances, communication technology, machines, construction products, pressure equipment, metrology, medical products, energy efficiency, toys, explosives or pyrotechnic products, pleasure boats and food and pharmaceutical law. Products that meet the respective standards often receive a CE mark; However, this does not apply to all product categories. In detail:
- Electrical appliances, electronics, communication technology: Low Voltage Directive
- Machinery: Directive 2006/42 / EC
- Construction products: Directive 89/106 / EEC
- Pressure equipment: Directive 2014/68 / EU on pressure equipment and directive on simple pressure equipment
- Metrology: Directive 2004/22 / EC
- Medical devices: Directive 90/385 / EEC , Directive 93/42 / EEC
- Energy efficiency: Directive 2005/32 / EC , Directive 92/42 / EEC , Directive 96/57 / EC and Directive 2000/55 / EC
- Toys: Directive 88/378 / EEC , Directive 2009/48 / EC and Directive 2005/84 / EC
- Explosives and pyrotechnic articles: Directive 93/15 / EEC , Directive 2004/57 / EC and Directive 2007/23 / EC
- Sport boats:
Mutual recognition principle
In the absence of European guidelines, the respective national regulations apply (this applies in particular to the used goods trade). The mutual recognition guarantees the free movement of goods according to . If a state wishes to deviate from mutual recognition as an exception, Regulation (EC) No. 764/2008 prescribes the procedure.
- Manfred A. Dauses (Ed.): Handbook of EU business law . 36th edition. tape 1 . CH Beck, Munich October 2014.