(in German)

This legal opinion contains an in-depth examination of the tasks and powers of the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin - BAuA) as a national contact point within the framework of the Market Surveillance Act. The aim is to sharpen the understanding of the role of the national contact point and to clarify specific issues.

The first part provides an overview of the national and European legal acts relevant to the notification procedure according to the Market Surveillance Act, with reference to any special features of more specific regulations. This is followed in the second part by a commentary on sections 16, 17, 18 and 19 of the Market Surveillance Act, which describe the main tasks and powers of the BAuA in the notification procedures. This commentary focuses on the tasks of the BAuA as a national contact point and takes into account the requirements of EU law. In the third part, the interaction between the EU Commission, the responsible market surveillance authorities of the federal and state governments, and the BAuA as the national contact point will be discussed. The focus is on the respective tasks and powers in order to achieve a legal solution to any conflicts.

Please download the complete report "Legal Opinion on the Role of the Federal Institute for Occupational Safety and Health as a National Contact Point under the Market Surveillance Act" (in German only).