Market monitoring according to the Low Voltage Directive
The market surveillance authorities control compliance with the requirements in terms of electrical products
If electrical products violate certain health and safety requirements, the market surveillance authority reports and may even remove the product from circulation.
The market surveillance authorities are responsible for overseeing compliance with the essential health and safety requirements. If products which do not satisfy the essential health and safety requirements are discovered on the Single Market, the competent authority shall report. This may result in a ban on the free circulation of this product in the Single Market. The decision on the measures to be taken is the responsibility of the European Commission.
The Federal Institute for Occupational Safety and Health transmits reports on unsafe products to the European competent authority. This in turn informs other countries of the European Community. A European Market Surveillance System (ICSMS) was created to facilitate the work of market surveillance authorities.
Possibilities of objection to a standard
In contrast to the Machinery Directive, the Low Voltage Directive (LVD) does not allow a formal objection against a standard. In this case, the German Commission for Electrical, Electronic and Information Technologies is responsible for DIN and VDE (DKE). They can be applied to supplement the standard as part of the revision.
For the 1st ProdSV there is the possibility of a formal objection to a harmonised standard over § 4 (3) of the ProdSG, if this standard does not completely cover the hazards of the product. In the course of the adaptation of the LVD to the EU regulation 765/2008/EU the possibility of a formal objection is also included in the LVD and thus the discrepancy with respect to 1. ProdSV is eliminated.
As the 1st ProdSV does not make any statements on market surveillance, this is regulated in section 6 (§§ 24-28) of the ProdSG.