Product safety and product compliance

All products placed on the market in the European Union, whether produced in the European Union or imported from third countries, must comply with the product safety and compliance rules applicable in the European Union. This is the only way to ensure a uniformly high level of protection for consumers and businesses.

The European Union has adopted numerous pieces of legislation to ensure the safety and compliance of consumer products.
The range of products ranges from toys to large machinery.

For example, there are product safety rules for the following product areas:

• Machinery, e.g. circular saws, lawnmowers, excavators (Directive 2006/42/EC)
• Textile products, e.g. clothing, bed linen, floor coverings (Regulation (EU) No 1007/2011)
• Toys, e.g. cuddly toys, bicycles for children (Directive 2009/48/EC)
• Electrical/electronic household appliances, e.g. kettles, irons (Directive 2014/35/EU)
• Personal protective equipment, e.g. sunglasses, goggles (Regulation (EU) 2016/425)
• Cosmetic products, e.g. skin creams, soap (Regulation (EC) No 1223/2009)
• Medical devices, e.g. fever thermometers, medical instruments (Regulation (EU) 2017/745)
• Single-use plastic products, e.g. sanitary products, tobacco products with filters (Directive (EU) 2019/904; Regulation (EU) 2020/2151)

The market surveillance authorities in the Federal Republic of Germany are responsible for monitoring compliance with product safety regulations. With a few exceptions (e.g. the Federal Network Agency (BNetzA), the Federal Motor Vehicle and Transport Authority (KBA), as well as the Federal Maritime and Hydrographic Agency (BSH)), the authorities of the federal states are responsible.

Involvement of customs authorities in market surveillance

The customs authorities are involved in monitoring compliance with product safety regulations in cross-border trade with third countries according to Article 2(2) in conjunction with Article 26(1) of Regulation (EU) 2019/1020. This presupposes that the product concerned is to be released for free circulation in the context of a commercial activity.
If, during customs clearance, there are indications of a suspected violation according to Article 26(1) of Regulation (EU) 2019/1020, the customs authority will suspend the release for free circulation and inform the competent market surveillance authority about the intended import. After reviewing the relevant product safety regulations, the market surveillance authority then decides whether the product concerned can be imported. The customs authority is bound by this decision in the further customs treatment. It may release the declared goods for free circulation only if the market surveillance authority has approved the import.

Further regulations that have to be observed

To the extent that legal provisions from other prohibitions and restrictions areas (e.g., chemical substances, preparations, and products; food; pharmaceuticals, explosive substances) require additional involvement of the customs administration regarding the monitoring of product safety regulations, these specific provisions are to be given priority.