With a new draft law, the German government is responding to the challenges of past crises such as the COVID-19 pandemic and aims to ensure the supply of electrical and electronic equipment even in exceptional situations. These new EU rules aim to maintain the internal market during crises and prevent supply shortages by establishing a uniform framework. While this mainly gives retailers and producers more flexibility, it does not essentially lessen their responsibilities.
The law contains a mechanism for emergencies in the internal market. If such an emergency is declared, special rules apply: essential products such as household appliances or electronics remain available by accelerating their placing on the market – even without harmonised standards. A temporary presumption of conformity then applies, meaning products are deemed compliant even in the absence of supporting documentation. This measure ends when the emergency is over. Products authorised during this period may continue to be sold; new products must once again meet the standard requirements. The Federal Network Agency monitors devices subject to these special regulations particularly strictly.
For retailers and producers, these measures may provide short-term advantages but do not simplify matters in the long run. The obligation to ensure product safety and regulatory compliance persists, irrespective of any temporary relaxation in evidentiary requirements. The term 'suspension of product compliance during a crisis' means that requirements are temporarily relaxed, not eliminated entirely. Products may be brought to market more quickly where harmonised standards are lacking but must, of course, still be safe and compliant.
VERE takes a nuanced view of this regulation. There is only a limited number of actual suspensions of product compliance, and this applies exclusively in cases where proper standards are not even available. At present, the regulation holds minimal practical significance for most companies. VERE highlights that, irrespective of any crisis, producers and retailers are still required to ensure their products comply with the current standards under the new legislation. Accordingly, responsibilities persist, even if, in certain exceptional circumstances, the process for fulfilling them may be streamlined.
VERE e.V. is in contact with all relevant stakeholders and keeps its members informed about further developments via the “VERE Insider”.
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