Hamburg/Burgwedel (Germany) – According to the information of lots of customers of take-e-way the Product Safety Act still raises lots of questions almost one year after its coming into force on December 1st, 2011 – in particular for manufacturers and distributor of electrical and electronic devices.
Dr. Holger Jacobj of the solicitor's office Prof. Versteyl summarized the most important answers regarding the Product Safety Act for the customers and members of take-e-way and the VERE Association which can be accessed under the link http://www.take-e-way.com/uploads/media/product-safety-act.pdf as of now.
Interested manufacturers, distributors and importers can also directly contact Mr. Sebastian Scheller of the consulting department at take-e-way under the phone number +49/40/750687-111 for any questions regarding the Product Safety Act.
Product Safety Act – Central set of rules for the safety of devices
The Product Safety Act is the central set of rules of German law regarding the safety of devices, products and systems. It rules the putting into circulation and presenting of products performed independently in the frame of a commercial activity.
According to the Product Safety Act a device must only be made available on the market if it does not endanger the safety and health of persons while it is used as intended or foreseen.
Additional requirements regarding the Electrical and Electronic Equipment Act (ElektroG)
For electrical and electronic devices which are used in private households the Product Safety Act amends the labeling obligations of the Electrical and Electronic Equipment Act (ElektroG).
According to this, the devices generally have to include the name and contact address of the manufacturer as well as a clear identification of the manufacturer and the garbage can struck-through with the black bar underneath. It is not sufficient to indicate a post office box or an internet address. The manufacturer may be liable to pay a fine of 10,000 Euros if his name and the address at which he can be contacted are not indicated, not correctly indicated, not completely indicated or not indicated in time.
CE marking and GS mark of conformity
The Product Safety Act prohibits omitting as well as using a non provided CE marking. The persistent intentional refusal to keep a declaration of conformity ready can be imposed with fines or imprisonment of up to one year. In case of the Product Safety Act the persistent repetition of infringements will be punished hard since life or health of others is endangered by such intentional actions.
The GS mark of conformity can only – additionally – be conferred and applied if its regulations for granting are more severe than the conformity requirements for the CE labeling.
The strict consideration of the GS mark of conformity from the point of view of the Product Safety Act is also becoming apparent in the fines: The use of a sign which might get confused with the GS mark of conformity may cost a fine of up to 100,000 Euros.
Sanctions for infringements
The sanctions for infringements against the Product Safety Act may be a general prohibition of making a device available on the market or the punishment of offenses and infringements. With reference to the Product Safety Act it may even be ruled to have the device tested by a notified authority, a GS authority or by an authority which is in the same way suitable or it may even be requested to call back devices which have already been placed on the market.
Advice and help for companies concerned
Please find the most important information regarding the Product Safety Act under the link http://www.take-e-way.com/uploads/media/product-safety-act.pdf free of charge as of now.
For any further questions regarding the Product Safety Act, take-e-way will be at the disposal of all manufacturers, distributors and importers of the electrical and electronic devices under the phone number +49/40/750687-111.
- Founded in 2004 in Hamburg
- Currently 13 employees
- Management: Jochen Stepp, Oliver Friedrichs
Business Fields: take-e-way GmbH at Hamburg/Germany assumes the implementation of requirements and obligations in conformity with the law according to the Electrical and Electronic Equipment Act (ElektroG/WEEE), Battery Act (BattG) and Packaging Ordinance (VerpackV) for medium-sized companies in Germany and abroad.
VERE Association: take-e-way represents the interests of more than 2,600 small and medium-sized companies even at political level in cooperation with the Verband zur Rücknahme und Verwertung von Elektro- und Elektronikaltgeräten (VERE e.V.) (= VERE Association for the take-back and recycling of waste electrical and electronic equipment (VERE e.V. registered association)) founded in 2003, the organization of suppliers, manufacturers, trade associations and individual persons for implementation of the ElektroG in Germany having the largest number of members.
About Dr. Holger Jacobj / Solicitor's office Prof. Versteyl
Dr. Holger Jacobj is a partner in the firm of solicitors Prof. Versteyl lawyers and acting for the company as well as for the public sector in the environmental law (focal point: waste, soil protection and emission control law). In dealing with the issues of the Electrical and Electronic Equipment Act (ElektroG) and the Battery Act (BattG) he advises numerous manufacturers and distributors. His practice also includes the representation in penalty procedures. He is the author of several publications regarding the Electrical and Electronic Equipment Act (ElektroG) regarding the Waste Framework Directive and the Packaging Ordinance.
The lawyers Prof. Versteyl is one of the leading solicitor's offices in the public economic law and regards itself as legal service provider. The medium-sized firm of solicitors has subsidiaries in Hanover, Berlin, Burgwedel and Peine (Germany). The main focuses of the solicitor's office acting in different regions include by name the environmental, building, construction and private law. The clients of the solicitor's office include companies, the public authorities and private clients likewise.
- Solicitor's office Prof. Versteyl (Burgwedel)
- Dr. Holger Jacobj
- Lawyer and specialist solicitor for administrative law
- Focus reports: Electrical and Electronic Equipment Act (ElektroG), waste and soil protection legislation
- Phone: +49 / 5139 / 98 95-0
- E-Mail: email@example.com
- Website: www.versteyl.de