New draft bill on market surveillance in Germany

General

2021-02-18

The Federal Government has adopted a draft bill on the reorganisation of market surveillance. It complements the EU Market Surveillance Regulation (EU) 2019/1020.

On 10 February 2021, the German cabinet approved the draft bill on the reorganisation of market surveillance. It had been submitted by the Federal Ministry for Economic Affairs and Energy. Pending approval by the German parliament and Bundesrat, the law is to come into force by mid-July 2021.

The Regulation (EU) 2019/1020 on market surveillance and compliance of products amends and thereby modernises key parts of the current regulatory framework for market surveillance in the EU.　It strengthens the smooth functioning of the European Single Market. Now, the German Market Surveillance Act extends the scope of the EU Regulation to non-harmonised products. As a result, in Germany the same rules apply to harmonised and non-harmonised products. Additionally, the Act regulates penalties as required by EU implementing provisions.

For the first time, e-commerce is regulated in the area of market surveillance. In future, products made available on markets both online and offline are to be considered equally in market surveillance.