The law over technical media and consumer products (equipment and product safety law, GPSG) solved at the 1. May 2004 in Germany due to the law to the re-organization of the security of technical media and consumer products from 9 January 2004 (BGBl. I 2004, 2) the product safety law (ProdSG) and the equipment safety law (GSG) off. Thus the European guideline was converted over general product security in Germany into national right.

Overview

The law regulates in Germany in accordance with "§ 1 sentence 1 "„the Inverkehrbringen and an issuing of products, that independently in the context of an economical enterprise effected "“as well as in accordance with "§ 1 sentence 2 also "„the establishment and the enterprise of monitoring-needy plants, which serve commercial or economic purposes or can by the person employed be endangered "“, without prejudice to the exceptions, which are mentioned in further paragraphs of these articles.

After "§ 4 of the law a product may be brought only into traffic, if it is so constituted that during intended use or foreseeable misapplication security and health are not endangered of users or third.

Further 24 paragraphs contain more exact regulations and administrative Handhabungsvorschriften.

The law plans comprehensive information and identification obligations ("§ 5 GPSG) for manufacturers and dealers. Each product must be clear to assign to its manufacturer, in addition the consumer must be cleared up over all possible endangerments of his security, which result from the use or foreseeable wrong's application, sufficiently. Products, whose security excessively lacking is officially determined, must be taken by the market.

"§ 7 of the law a special national regulation, which makes it for manufacturers possible, contains of products with the gs character to provide, which was excluded from this possibility so far.

Contrary to the product safety law the new GPSG plans also sanctions: Fines ("§ 19 GPSG) up to 3.000 euro with inferior and 30,000 euro with heavy and/or repeated offences and when deliberate or negligent damage the consumer by a neglect of the obligations from the GPSG even up to one year imprisonment ("§ 20 GPSG) threaten now the careless manufacturer or dealer.

Apart from product security the GPSG with special regulations regulates also the Inverkehrbringen of different goods, the special safety characteristics to fulfill must (machines, toys, sport boats, electrical system in combustible atmosphere among other things). Thus a basis was created, in order to promote the goods traffic by means of harmonized safety requirements in the European Union.

From the equipment safety law still fundamental regulations became monitoring-needy plants, whose establishment and enterprise are essentially in the working reliability regulation regulated now.

Conversion of European guidelines to German right

In the GPSG a set of European guidelines into German right were converted. Most guidelines were converted due to authorizations to "§ 3 GPSG by regulations. This concerns the e.g. following guidelines:

• Low-voltage guideline 73/23/EWG = 1. GPSGV
• Toy guideline 88/378/EWG = 2. GPSGV
• Guideline on simple receivers 87/404/EWG = 6. GPSGV
• Guideline over gas verb also its directions 90/396/EWG = 7. GPSGV
• Guideline on personal protection equipment 89/686/EWG = 8. GPSGV
• Machine guideline 98/37/EG = 9. GPSGV
• Guideline on sport boats 94/25/EWG = 10. GPSGV
• ATEX product guideline 94/9/EG = 11. GPSGV
• Elevator guideline 95/16/EG = 12. GPSGV
• Guideline over pressurized packages 75/324/EWG = 13. GPSGV
• Printing device guideline 97/23/EG = 14. GPSGV

Some European guidelines were converted by special laws:

• Medicine products 93/42/EWG = medicine product law (MPG)
• Marine equipment 96/98/EG = ship safety law (SchSG) /Schiffssicherheitsverordnung (SchSV)
• Active implantierbare medical instruments 90/385/EWG = medicine product law (MPG)

Literature

• Christian Runte, Harald potentiometer corner: Software and GPSG - applicability and effects of the equipment and product safety law on manufacturers and dealer of computer programs. In: Computer and right 2004, P. 725 FF.

Related links

• Short introduction and definitions
• Information portal for the lying close and product security
• http://www.buzer.de/gesetz/3708/index.htm">Legal text

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