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:
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) 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 (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
Whenever goods are subject to supply and demand, on the basis of which pricing is then possible, one speaks of the market. When talking about products "on the market" in rela-tion to the vehicle industry, this usually includes vehicles, their trailers and vehicle parts that move on public roads in Germany.
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*
electric scooters authorised for use on the road
*) 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.
The Kraftfahrt-Bundesamt (KBA) carries out checks on the basis of its own market observation and the current market situation. In addition, KBA follows up on infor-mation from third parties such as manufacturers, citizens or other authorities. In particular, it acts on the basis of current events such as accidents, complaints, defect reports and other similar incidents. Information is also taken from public reports (e.g. newspapers, news).
Within the scope of market surveillance, KBA tests products on the market for compliance with legal regulations. The products are tested either by KBA itself as part of the product tests or by technical services commissioned by KBA. If the products do not meet the requirements, measures are taken.
In the event of safety-relevant defects or deviations from regulations, KBA initiates measures such as recalls and public warnings and monitors their implementation. The licensing authorities of the federal states can issue an operating ban as part of a recall campaign. KBA can also order sanctions in the event of violations by economic operators.