KANBrief 4/22
The Product Safety Commission (AfPS) is a committee based at the German Federal Ministry of Labour and Social Affairs (BMAS). It owes its existence to Section 27 of the German Product Safety Act (ProdSG). Among its functions are identifying applicable standards in the non-harmonized scope and establishing framework conditions for awarding of the GS mark.
The AfPS primarily advises the German government on product safety issues. Its activities are not managed directly by the BMAS, but have been delegated to the German Federal Institute for Occupational Safety and Health (BAuA).
To equip it to fulfil its tasks suitably, the AfPS is composed of experts from the market surveillance authorities, the conformity assessment bodies, the German Social Accident Insurance Institutions, the German Institute for Standardization (DIN), the Commission for Occupational Health and Safety and Standardization (KAN), the employers’ associations, the trade unions and other associations concerned, particularly those of manufacturers, distributors and consumers. Membership is exercised in a voluntary capacity, and the number of members should not exceed 21. The German federal ministries and the supreme regional authorities and higher federal authorities responsible for safety, health and the environment also have the right to be represented and have their views heard at meetings of the AfPS.
One of the AfPS’s tasks is to identify applicable standards and other technical specifications in the non-harmonized scope. To this end, DIN regularly provides the AfPS with a list of new and revised standards, which is then presented to AfPS members. The members discuss the individual standards at a meeting and decide whether they are deemed identified as applicable or are to be put on hold, for example to clarify outstanding issues. The standards identified as applicable give rise to a presumption of conformity with the German Product Safety Act.
Furthermore, the commission identifies specifications that are to be applied during type examination for the purposes of awarding of the GS mark. It also issues recommendations regarding the suitability of a product for awarding of the GS mark, as some products (for example weapons) are not considered eligible for the mark.
The products affected by the standard or specification must fall within the scope of the ProdSG, and the standard (or specification) must be a product standard that supports the requirements of the ProdSG. It must not be a pure measurement or test standard, nor a generic safety standard.
The application of measurement and test standards can give rise to a presumption of conformity only if these standards are referred to in a product standard and application of the product standard itself already gives rise to the presumption of conformity. As a rule, generic safety standards do not specify the product-related safety provisions in sufficient detail to give rise to a presumption of conformity within the meaning of Section 5 (2) of the ProdSG.
During identification of applicable standards, it must be stated whether a public enquiry was followed during development of the standard and whether the document was then adopted by consensus.
If a standard that has already been identified as applicable is found not to cover the safety and health requirements under Section 3 (2) of the ProdSG, the market surveillance authorities and the AfPS members have the option of submitting a formal objection. The objection is then presented to the groups within the AfPS for consideration. Should agreement on the objection not be reached within the AfPS, a project group is set up to discuss the formal objection in detail. The result is then discussed in the AfPS.
Publication of lists of standards
The standards and specifications identified by the AfPS as applicable are published by the BAuA in a list. This list comprises Parts 2-1 (national standards) and 2-2 (national technical specifications).
Only fully consensus-based standards that are part of the German body of standards, e.g. DIN, DIN EN, DIN EN ISO, DIN IEC, can be listed in Part 2-1 of the list of standards. Once listed, the standards give rise to a presumption of conformity.
Documents published in Part 2-2 of the list include DIN specifications and technical specifications of other rule-setting bodies. During the process for identification of the applicability of these specifications, the AfPS expects to receive information on successful completion of a public enquiry.
Documents in this list also give rise to a presumption of conformity once they are listed there, and are published on the BAuA website. To date, the AfPS has identified nine technical specifications on topics such as lasers serving as consumer products, adapters, office furniture and transport systems for precast concrete components.
In addition, the AfPS develops specifications that must be applied during type examination for awarding of the GS mark. To date, the following specifications have been published:
These technical specifications are being continuously adapted to technical progress.
Andreas Dlugi, Director of the AfPS
dlugi.andreas@baua.bund.de