Market surveillance in Germany and the respective competent authorities.
“Market surveillance” in Germany and what is behind it now here:
Few people seem to know that the “market surveillance authorities” are the first point of contact for citizens in Germany for questions relating to traffic law and technical questions about “type approvals” for motor vehicles and their components and their use. The Framework Regulation (EU) 2018/858 and the Implementing Regulation (EU) 2020/683 are the basis according to which, for example, the Kraftfahrt-Bundesamt (Federal Motor Transport Authority) with the “Market Surveillance” department for Germany, is obliged towards the European Union.
In the following links you will also find further areas of responsibility for which the KBA is also responsible in the field of “market surveillance” and to which every consumer can turn.
However, the KBA is not the only “market surveillance body” in Germany. The 16th federal states also maintain such “monitoring centres” for general market activities and a wide variety of products. But they are also responsible for the correct application of the “Straßenverkehrs-Zulassungs-Ordnung” (StVZO – Road Traffic Licensing Regulations) and their legally prescribed activities of monitoring organisations and their employees.
For the market surveillance of transportable pressure equipment, an office was also established at the Federal Institute for Materials Research and Testing (BAM) in Berlin in 2016, it is called “ERFA-MÜoD”. Because of the high importance in relation to “transportable pressure equipment” and its use, I have provided a few links here for use and better understanding for users.
Here is the procedure of the market surveillance authority in Bavaria, for example, representative of the other 15 upper state authorities in Germany.
The free movement of goods is a cornerstone of the European internal market. In order for this to function, the European Parliament and the Council of the European Union enact legislation that applies throughout Europe. This is based on a high level of protection in the areas of health, safety, environmental and consumer protection. Specific implementing measures are adopted by the EU for the design of products in various product segments. Among other things, this is intended to remove the barriers to trade that exist due to different regulations in the individual Member States and to promote fair competition within the EU internal market.
The harmonised regulations for making products available on the market do not provide for any state approvals or tests as a prerequisite for market access, except in some cases for chemicals. Economic operators must take responsibility for ensuring that their products comply with all relevant provisions of Union law. As a counterbalance to this liberal market access regulation, effective market surveillance is necessary. The Bavarian Trade Inspectorate assumes this task in the areas of product and chemical safety as well as eco-design and energy efficiency. The trade supervisory offices at the governments ensure that economic operators fulfil their obligations and that products are properly made available on the market. This ensures a high and uniform level of compliance with applicable requirements throughout the EU, while at the same time guaranteeing fair competition.
On the basis of this information, it is possible for every consumer in Germany to form his or her own opinion, especially in the current discussion about compressed gas containers in general and about so-called “tank cylinders” filled with LPG mixtures. You can be sure that all your questions will be answered. All 16th federal states are also happy to receive your questions by e-mail. Of course also and especially in Corona times.
gez. Peter Ziegler CEO