What is Market Surveillance?
Market Surveillance ensures that public interests such as health, safety, the environment and consumers are protected. It is about the safety and environmental compatibility of vehicles, fair competition and a level playing field for all market participants.
Three pillars form the basis of KBA's effective Market Surveillance: product investigations, recalls and the possibility of sanctions.
KBA is the competent Market Surveillance authority for the following products:
- Motor vehicles and motor vehicle trailers as well as systems, components and separate technical units for these vehicles;
- agricultural and forestry vehicles;
- two- or three-wheeled vehicles and quadricycles.
Market Surveillance is carried out in dynamic, interlinked processes which are based on the authority's own investigations and investigation projects, but which are also carried out in response to current events and information received by KBA, for example from citizens, involved economic actors or other authorities. KBA examines every suspicion of products to expose non-compliances or hazards. If the products do not comply with the corresponding regulations or expose a serious risk, measures are taken. This includes measures such as recalls and the issuing of public warnings in the case of safety-relevant defects. KBA can also impose sanctions for administrative offences.
The legal basis for Market Surveillance in the area of road vehicles can be found in the following regulations:
(only in German)
|EG-Fahrzeuggenehmigungsverordnung (EG-FGV) (externer Link)|
|Straßenverkehrsgesetz (StVG) (externer Link)|
|Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (Text with EEA relevance)||Regulation (EU) 2019/1020|
|Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC||Regulation (EU) 2018/858|
|Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles||Regulation (EU) 167/2013|
|Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles||Regulation (EU) 168/2013|
|Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93||Regulation (EC) 765/2008|
|Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (Text with EEA relevance)||Directive 2001/95/EC|