KANBrief 3/24
Denmark is a relatively small country, with some 5.9 million inhabitants. Since 1972 it has been part of the European Union (EU), which means that in general, Danish legislation follows that of the EU. Due to particular circumstances in Denmark and to tradition, mainly historical, some national legislation complements the common EU legislation, for instance in the fields of electrical installations, gas appliances and fireworks.
Tasks concerning labour inspection and market surveillance are carried out by several different Danish authorities, according to the subject. The coordinating authority for market surveillance of products is Sikkerhedsstyrelsen (Danish Safety Technology Authority). Sikkerhedsstyrelsen also carries out inspections of products falling within the responsibility of several other authorities. Some authorities, however, are responsible for market surveillance in their own statutory areas, e.g. medicine, medical devices, cosmetic products, fertilisers and detergents.
Sikkerhedsstyrelsen is an agency under the responsibility of the Ministry of Industry, Business and Financial Affairs. It was established in 2004 with the merger of the former agencies for electrical and gas installations and equipment and the inclusion of certain product categories such as fireworks, and products falling within the scope of the EU Directive on General Product Safety (GPSD). Since then, the agency has grown, tripling the number of its employees (engineers, lawyers etc.) from 70 to about 200. The growth is mainly due to the addition of new fields of inspection.
Product safety is a main area of the Sikkerhedsstyrelsen authority’s tasks, both reactive and proactive. It carries out market surveillance for toys, machines, e-cigarettes, GPSD products, construction products, fireworks, electrical products, gas appliances and much more. In some cases the focus lies on the verification of labelling and documentation; in others, the products are tested by accredited laboratories. Irrespective of the kind of product, a generic case management process is followed, starting with a request for documentation, and if necessary also the product itself. A consultation with the manufacturer, importer or retailer follows before the case is concluded. The outcome may be a sales ban, the product’s withdrawal from the market or its recall from consumers and professional users. Other EU member countries are informed of dangerous products through the EU Safety Gate system. Violations of the law are also reported to the police.
Sikkerhedsstyrelsen’s other main function concerns surveillance of installations and production plants for the distribution of electricity and gas. Further monitoring tasks include spot checks on electrical installations in residential housing and at workplaces. It approves the erection and putting into service of biogas plants and gas pipelines; carries out age checks in stores selling alcohol, tobacco products and medicine; and checks that tattooists and tanning centres comply with the rules laid down by the health authorities.
Professionals wishing to work with electricity, gas, plumbing or sewage systems must apply for a licence from Sikkerhedsstyrelsen. The licence is held by the company, which must employ a skilled professional designated to supervise the employees in the specific field.
Some types of company, for instance testing laboratories and calibration companies, require an accreditation in order to perform their work. Sikkerhedsstyrelsen has appointed DANAK, the Danish Accreditation Fund, as the national accreditation body in Denmark.
Whereas Sikkerhedsstyrelsen is the authority with responsibility for products, installations and authorizations, the agency in charge of safe and healthy working conditions is the Danish Working Environment Authority (Arbejdstilsynet). This body is responsible for legislation on health and safety at work. It carries out inspections at companies and provide information on health and safety at work.
In many fields, a presumption of compliance with product safety legislation exists when European or international standards are followed. The Danish national standardization organization is Danish Standards (DS). It contributes to the work of the European organizations CEN, CENELEC and ETSI and the international standards organizations ISO and IEC on behalf of Denmark. Sikkerhedsstyrelsen is a member of 13 of the Danish standardization committees (numbering over 235 in total), mainly in fields where national legislation differs from EU legislation. For instance, some gas equipment is adapted to Danish gas quality and some electrical products to the Danish earthing system.
Lone Hansen
loh@sik.dk
Anders Mortensen
amo@sik.dk