MIL OSI Translation. Region: Germany / Deutschland –
Source: Federal Ministry of Labor and Social Affairs The Market Surveillance Ordinance forces a revision of the ProdSG. With the separation of the systems requiring monitoring from the 9th section ProdSG, the ProdSG becomes a pure law on the requirements for the provision of products on the market. In addition, the provisions for the award of the tried and tested GS mark in the ProdSG are to be revised and specified in more concrete terms in the light of experience from implementation. In addition, an authorization to issue prohibition regulations for placing on the market is to be included. The German ProdSG only regulates (positively) the provision of products on the market, but not (negatively) marketing bans. The aim is to create the possibility of banning or restricting the marketing of certain products across the country in the future. The ProdSG is a legal provision for the provision of products on the market that is shaped by European harmonized internal market law, so that the operating regulations traditionally anchored there and now outdated and in need of revision to the systems requiring monitoring are to be seen as alien to the law and anachronistic in terms of control technology. They should therefore be transferred to an independent law on systems requiring monitoring (ÜAnlG), revised and modernized in the process. In addition to the statutory authorizations previously issued to the federal government, the new law should also include basic requirements and obligations (risk assessment, basic protective measures, maintenance and inspection obligations, operating bans in the event of dangerous defects). The catalog of the systems requiring monitoring currently contained in the ProdSG is not included in the ÜAnlG; such a catalog is to be drawn up in future at ordinance level.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.