Market surveillance authorities monitor compliance with the requirements for electrical products
If electrical products violate certain health and safety requirements, the market surveillance authority reports the violation 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 meet essential health and safety requirements are discovered on the domestic market, the competent authority shall report. This may result in a ban on the free circulation of this product in the domestic market. The decision on the measures to be taken is the responsibility of the European Commission.
The Federal Institute for Occupational Safety and Health (BAuA) 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.
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 contacted to supplement the standard as part of the revision.
If a harmonised standard does not completely cover the hazards of the product, market surveillance authorities can object to it according to § 4 (3) of the Product Safety Act (ProdSG). 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.