Implementation of the New Legislative Framework in Germany PROSAF Product Safety Week 2009
Responsibilities in Germany Federal Government: Legislation (Implementation of EU-Directives = “what to do”) 16 Bundesländer: Enforcement (“how to do it” i.e. Organisation, Resources etc.)
Structure of Market Surveillance Authorities in Germany • Sectoral Structure • In most Sectors:Legislation => Responsibility of the Federal GovernmentEnforcement => Responsibility of the 16 German Länder(Länder to enforce Federal Law as their own matter) • Exceptions (Examples):Road Vehicles (Kraftfahrt Bundesamt)Radio and Telecommunication (RTTE and EMC =>Bundesnetzagentur)
Major Sectors (not comprehensive) Road Vehicles RTTE EMC Chemicals REACH “technical” Products Medical Products Food, Textiles Cosmetics Legislation and Enforcement on Federal level Legislation: Federal Government Enforcement: Relevant Länder-Authorities Local Labour Inspectorates (report to “their” relevant Länder-Ministries) Enforcement by Kraftfahr-Bundesamt (Central Authority) Enforcement by Bundes-netzagentur (Decentralized Structure with one Head Office) Local Food Safety Authorities (report to “their” relevant Länder-Ministries)
Market Surveillance and Legislation in the Field of “technical” Products Most important Legal Act: Geräte- und Produtsicherheitsgesetz (GPSG) (Act on Technical Work Equipment and Consumer Products) Transposes the GPSD and 13 other directives into German law
Geräte- und Produktsicherheitsgesetz: • Transposes the GPSD and horizontal aspects of the 13 other directives into German law • Provides rules for Market Surveillance according to the GPSD which are applicable also for the other 13 dierectives 13 Regulations based upon the Geräte- und Produktsicherheitsgesetz which transpose the sectoral aspects of the 13 other directives
General Product Safety (2001/95/EC) • Aerosol Dispensers (75/324/EEC), • Simple Pressure Vessels (87/404/EEC), • Personal Protective Equipment (89/686/EEC), • Gas Appliannces (90/396/EEC), • Equipment and Protective Systems in Potentially Explosive Atmospheres (94/9/EC), • Recreational Crafts (94/25/EC), • Lifts (95/16/EC), • Pressure Equipment (97/23/EC), • Machinery (2006/42/EC), • Low Voltage (2006/95/EC), • Toys (2009/48/EC), • Transportable Pressure Equipment (1999/36/EC), • Noise Emission in the Environment by Equipment for Use Outdoors (2000/14/EC).