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;
- two- or three-wheeled vehicles and quadricycles*;
- agricultural and forestry vehicles;
- internal combustion engines for non-road mobile machinery in use with rail vehicles
*) Pedal electric vehicles with pedal assistance up to 25 km/h (so-called “pedelecs” or “pedelec25”) are not within the scope of the respective regulations.
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 authorisation to enforce market surveillance in accordance with European and national legislation KBA is authorised by the national law Gesetz über die Errichtung eines Kraftfahrt-Bundesamtes (KBAG).
The applicable legislation can be found in the regulations listed below:
Market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, is carried out on the basis of the regulation (EU) 2018/858, supplemented where necessary by the European market surveillance and compliance of products regulation (EU) 2019/1020.
Market surveillance of two- or three-wheel vehicles and quadricycles, agricultural and forestry vehicles and internal combustion engines for non-road mobile machinery in use with rail vehicles is authorised by the European market surveillance and compliance of products regulation (EU) 2019/1020 in conjunction with the respective regulations (EU) 167/2013, (EU) 168/2013 or (EU) 2016/1628.
| 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) 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) 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 (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC | Regulation (EU) 2016/1628 |
| 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 |
The act on market surveillance and ensuring the conformity of products (Marktüberwachungsgesetz - MüG) refers to the European market surveillance and compliance of products regulation (EU) 2019/1020 and extends the scope of market surveillance to non-harmonised products. Nationally, KBA is therefore also authorised to enforce measures for non-harmonised products in accordance with the European market surveillance and compliance of products regulation (EU) 2019/1020 if they cause a risk to citizens or the environment.
(only in German)
| Gesetz über die Errichtung eines Kraftfahrt-Bundesamtes (KBAG) (external link) |
| Marktüberwachungsgesetz (MüG) (external link) |
| Produktsicherheitsgesetz (ProdSG) (external link) |
| EG-Fahrzeuggenehmigungsverordnung (EG-FGV) (external link) |
| Straßenverkehrsgesetz (StVG) (external link) |