One of the key goals of the European single market is the free movement of goods and services. In this respect it is necessary to ensure that all products fulfil specific requirements with regard to safety. These requirements are defined in a uniform and binding manner for all of the nation states of the EU in so-called EC directives. The EC directives apply to all member states, which have to implement them in their national law.
Since 1985, the EC directives have been developed according to the so-called New Approach; so far, some 26 European directives have been passed which require European standards for their implementation. These are indispensable because the EC directives do not formulate any detailed technical specifications, and only specify general requirements which primarily refer to protecting the health and safety of the users. In this respect, the results to be achieved and the hazards and risks that are to be prevented are defined without specifying the required technical solutions at the same time. These are found in the so-called harmonised standards, which act as a source of support to manufacturers for the risk assessment and with the implementation of the general requirements. If products are designed and manufactured according to these standards, it is to be presumed that they comply with the relevant general requirements of the appropriate EU directive (presumption of conformity). These European standards are implemented on a uniform basis in every EU and EFTA nation state in the scope of their national standards systems.
All member states of the European Union were previously obliged to publish references to the directories of national standards which serve to implement the harmonised standards. As was the case with the directory regarding the Machine Ordinance (9. ProdSV) in December 2009, from July 2011 and from December 2011 respectively onwards, the legal requirement for the national publication of references to the directories regarding the Toy Ordinance (2. ProdSV) and the Low-Voltage Ordinance (1. ProdSV) in the Federal Gazette lapsed. Therefore, the list of these standards is no longer published on BAuA's website, but instead referred to with a link to the latest appropriate publication in the Official Journal of the EU.
The remaining references to the directories were previously published on the homepage of the Federal Institute for Occupational Safety and Health simultaneously to the date of the announcement in the Federal Gazette. Since the Product Safety Act (ProdSG) became effective on 1 December 2011, no announcement of the references to the directories has been made in the Federal Gazette; this has only taken place on BAuA's website.
The following directories and references (available on our German Website) contain national and European standards as well as technical specifications with requirements pertaining to products regarding the guaranteeing of health and safety and specifying the basic requirements of the appropriate EC directives and the individual regulations of the Product Safety Act which serve to implement them in national law.
The following therefore applies: If you configure your product according to these standards or use a product that is configured according to these standards, you can assume that the basic requirements intended by the legislator are fulfilled. It is necessary to remember that standards are not obligatory by nature and that their application is voluntary. It is generally possible to guarantee the safety level required by the appropriate directive on an alternative basis. In the event of damage, however, the burden of proof will then be with the person who decided on a configuration solution which was not in keeping with the standards.