Product Safety Act (Germany)

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This article was entered in the editorial right for improvement due to formal or factual deficiencies in quality assurance . This is done in order to bring the quality of articles from the subject area law to an acceptable level. Help to eliminate the shortcomings in this article and take part in the discussion ! ( + ) Reason: The article “Equipment and Product Safety Act” was moved to the “Product Safety Act (Germany)” after the law or its comprehensive revision came into force, without any significant changes to the content. The detailed description of the problem can be found on the disc page: 90% of the article text still revolves around the old GPSG

Basic data
Title: Law on making products available on the market
Short title: Product Safety Act
Previous title: Equipment and Product Safety Act
Abbreviation: ProdSG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Occupational safety law , hazard prevention law
References : 8053-8
Original version from: January 6, 2004
( BGBl. I p. 2 , ber.p. 219 )
Entry into force on: May 1, 2004
Last revision from: November 8, 2011
( BGBl. I p. 2178 ,
ber. 2012 I p. 131 )
Entry into force of the
new version on: 		December 1, 2011
Last change by: Art. 301 VO of June 19, 2020
( Federal Law Gazette I p. 1328, 1363 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Weblink: Text of the ProdSG
Please note the note on the applicable legal version.

The Product Safety Act (ProdSG) in Germany regulates the safety requirements of technical work equipment and consumer products . Since December 1, 2011, it has replaced the Equipment and Product Safety Act (GPSG).

Product Safety Act

The ProdSG applies in accordance with Section 1 Clause 1 “if products are made available on the market, exhibited or used for the first time in the course of a business activity.” A market launch is only permitted in accordance with Section 3 , “if, in the case of intended or foreseeable use, there is safety and health not endangered by people ”.

Forerunner: Equipment and Product Safety Act

The Equipment and Product Safety Act (full title: "Law on technical work equipment and consumer products") was released in Germany on May 1, 2004 due to the law on the reorganization of the safety of technical work equipment and consumer products of January 9, 2004 ( Federal Law Gazette I p. 2 , ber, p. 219 ) the previous Product Safety Act (ProdSG) of April 22, 1997 ( Federal Law Gazette I p. 934 ) and the Equipment Safety Act (GSG) of June 24, 1968 ( Federal Law Gazette I p. 717 ). The European directive on general product safety has thus been implemented in national law in Germany. With the new version of the Product Safety Act (ProdSG) of November 8, 2011 ( Federal Law Gazette I p. 2179 , ber.BGBl . I p. 131 ), a total of 13 EEC and EC directives and an EP resolution ( No. 768/2008 / EG ) implemented.

Overview

The GPSG regulates in Germany according to § 1 sentence 1 "the placing on the market and exhibiting of products that are carried out independently in the context of a commercial enterprise" as well as according to § 1 sentence 2 also "the construction and operation of systems requiring monitoring which serve or serve commercial or economic purposes by which workers can be endangered ”, without prejudice to the exceptions mentioned in further paragraphs of this article.

According to Section 4 of the Act, a product was only allowed to be placed on the market if it was designed in such a way that the safety and health of users or third parties were not endangered if used as intended or if misuse was foreseeable.

Another 24 paragraphs contain more precise provisions and administrative handling regulations.

The law provided manufacturers and dealers with comprehensive information and identification obligations. Each product had to be clearly assigned to its manufacturer, and the consumer had to be adequately informed about all possible dangers to his safety that result from use or foreseeable misapplication. Products officially identified as being excessively unsafe had to be withdrawn from the market.

Section 6 CE marking If the statutory ordinances according to Section 3 or other legal provisions that provide for a CE marking and the requirements of paragraphs 2 to 5 were met, then a product was only allowed to be placed on the market if it, its packaging or was attached to it Documents were provided with the CE marking. For an overview of the legal provisions, see below under Ordinances according to the GPSG .

Section 7 of the law contained a special national regulation that enabled manufacturersto labelproducts with the GS mark that had previously been excluded from this option.

According to Section 8 (2) of the GPSG, the responsible market supervisory authorities had to ensure effective monitoring of the placing on the market of products as well as the products placed on the market on the basis of a monitoring concept. Therefore, according to Section 8 (3) of the GPSG, the responsible supreme state authorities had to ensure the coordination of the monitoring of the placing on the market of products as well as the products placed on the market, the development and updating of a monitoring concept and the preparation of transnational measures to avert significant dangers.

In contrast to the Product Safety Act, the GPSG also provided for sanctions : fines ( § 19 ) of up to 3,000 euros for minor violations and 30,000 euros for serious or repeated violations and for deliberate or negligent damage to the consumer through neglect of the obligations under the GPSG even up to One year imprisonment ( § 20 ) threatened the negligent manufacturer or dealer.

In addition to product safety, the GPSG also used special ordinances to regulate the placing on the market of various goods that must meet special safety properties (machines, toys, pleasure boats, electrical systems in an explosive atmosphere, etc.). This created a basis for promoting the movement of goods through harmonized safety requirements in the EU.

The Equipment and Product Safety Act also gives rise to basic provisions on systems requiring monitoring , the construction and operation of which are now essentially regulated in the Industrial Safety Ordinance.

Ordinances according to the ProdSG (or originally according to the GPSG)

Among other things, the following ordinances were issued under the GPSG and formally adapted to the ProdSG from December 1, 2011:

Implementation of European directives in German law

In the GPSG, a number of European directives have been implemented into German law. Most of the guidelines were implemented by the above-mentioned ordinances on the basis of authorizations according to § 3 GPSG. This concerns z. B. the following guidelines:

  • Low Voltage Directive 2014/35 / EU = 1. ProdSV
  • Toy Directive 2009/48 / EG = 2. ProdSV
  • Directive on simple pressure vessels 2014/29 / EU = 6th ProdSV (regulation on simple pressure vessels)
  • Directive on gas appliances 90/396 / EEC = 7th ProdSV
  • Directive on personal protective equipment 89/686 / EEC (replaced by EU regulation 2016/425 on personal protective equipment and repealing Directive 89/686 / EEC) = 8th ProdSV
  • Machinery Directive 2006/42 / EG = 9th ProdSV
  • Directive on pleasure craft 94/25 / EEC = 10th ProdSV
  • ATEX product directive 2014/34 / EU = 11th ProdSV (explosion protection product regulation)
  • Lift Directive 2014/33 / EU = 12th ProdSV
  • Directive on aerosol dispensers 75/324 / EEC = 13. ProdSV
  • Directive 2014/68 / EU on pressure equipment = 14th ProdSV

Some European directives have been implemented through special laws:

See also

literature

Books
  • Sebastian Lach, Sebastian Polly: Product Safety Act - Guidelines for Manufacturers and Dealers. Springer Gabler Verlag, 2012, ISBN 978-3-8349-4145-9 .
  • Thomas Wilrich: The new Product Safety Act (ProdSG) - guidelines for manufacturers, importers and dealers. Beuth Verlag, 2011, ISBN 978-3-410-22325-2 .
  • Sebastian Polly: Consumer products within the meaning of the new product safety law. Nomos Verlag, 2013, ISBN 978-3-8487-0157-5 .
  • Jan Hermes: Interactions between product safety law and product liability law. Using the example of the areas of duty, liability and the scope of the product recall . Publishing house Dr. Kovac, Hamburg 2009, ISBN 978-3-8300-4320-1 .
  • C. Barth, W. Hamacher, L. Wienhold, K. Höhn, G. Lehder: Application of the Equipment and Product Safety Act. Guide for manufacturers, importers, dealers and service providers. Wirtschaftsverlag NW Verlag für neue Wissenschaft, 2008, ISBN 978-3-86509-739-2 .
  • Thomas Klindt: Equipment and Product Safety Act. (GPSG) CH Beck Verlag, Munich 2007, ISBN 978-3-406-55344-8 .
  • Thomas Wilrich: Equipment and Product Safety Act (GPSG) - practical comment and print of all essential regulations. , Springer-Verlag, Heidelberg 2004, ISBN 3-540-20962-X .
  • Joachim Geiß, Wolfgang Doll: Equipment and Product Safety Act (GPSG) - commentary and collection of regulations. Verlag W. Kohlhammer, 2005, ISBN 3-17-018602-7 .
  • Joachim Geiß, Wolfgang Doll: GPSG - 100 questions and answers - Device and Product Safety Act, an aid to practical implementation. Bundesanzeiger Verlag, 2006, ISBN 3-89817-584-7 .
Essays
  • Sebastian Polly, Sebastian Lach: The new product safety law - compliance in product safety. In: CCZ. 2012, issue 2, p. 59ff.
  • Sebastian Polly, Sebastian Lach: The new Product Safety Act - What economic actors should consider. In: Betriebsberater. 2012, issue 2, p. 71ff. (online at: hoganlovells.de )
  • Sebastian Polly, Sebastian Lach: The new Product Safety Act - What's new. In: PHi. 2011, issue 6, p. 220ff. (online at: hoganlovells.de )
  • Christian Runte, Harald Potinecke: Software and GPSG - Applicability and effects of the Equipment and Product Safety Act on manufacturers and dealers of computer programs. In: Computer and Law. 2004, p. 725 ff.
  • Gerd Eidam: The penalty and fine provisions of the new Equipment and Product Safety Act. In: NJW. 2005, p. 1021 ff.
  • K.-H. Lang, H. Gebhardt, C. Adomeit, H.-J. Windberg: Results of the market surveillance in the regulatory area of ​​the Equipment and Product Safety Act. In: Technical Supervision. Issues 1–2 / 2006 and 3/2006.
  • Joachim Geiß, Wolfgang Doll: New, used and remanufactured products. In: Safety Engineer. Issue 4 / and 5/2006.
  • Carsten Schucht: The law of consumer products in the new product safety law. In: Consumers and Law . (VuR) 2013, 86.

Web links

Individual evidence

  1. ↑ § 6 Product Safety Act (PDF; 140 kB)
  2. ↑ Ordinance on recreational craft and personal watercraft ( BGBl. 2016 I p. 2668 , pdf)