Germany ProdSG and CE marking — what changes for the German market

If you place a product on the German market, CE marking is necessary but not sufficient. The national Produktsicherheitsgesetz (ProdSG), 2021 version — officially the "Gesetz über die Bereitstellung von Produkten auf dem Markt" — sits on top of EU harmonisation directives and operationalises Regulation (EU) 2019/1020 on market surveillance inside Germany. It adds language obligations, governs the optional GS mark, and splits surveillance duties between the federal Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (BAuA) and the 16 Länder.

This guide walks through the parts of ProdSG that change practical CE compliance for manufacturers, importers, and EU authorised representatives shipping into Germany. Cross-link reading: CE marking 101, EC REP vs Importer responsibilities, and DoC translation requirements.

What ProdSG is — and what it covers

The current ProdSG entered into force on 16 July 2021, replacing the 2011 version, to align German national law with Regulation (EU) 2019/1020. The 2019/1020 regulation reorganises market surveillance and compliance of products across the EU and applies from 16 July 2021 — the same day ProdSG was overhauled.

§ 1 of the English translation sets the scope:

"This Act is to be applied whenever products are made available on the market, exhibited or used for the first time in the context of a commercial activity."

That covers consumer products and products intended for occupational use. § 1 excludes antiquities, used products requiring repair before use, products exclusively for military or police use, food and feed, medicinal and medical devices, and plant protection products — those have their own regimes.

ProdSG operates alongside the EU sector regimes. Where a CE directive or regulation governs essential requirements (LVD, EMC, RED, Machinery, RoHS, MDR, CRA, GPSR), the EU law sets the bar. ProdSG layers national procedural and language rules on top, plus a residual safety regime for products outside any harmonisation directive.

§ 7 ProdSG — CE marking is reinforced, not replaced

§ 7 ProdSG addresses CE marking directly:

"It is prohibited to make a product available on the market with the CE marking affixed if the marking is not authorised, or if the marking is required but not affixed. The marking must be affixed visibly, legibly and indelibly to the product or to its type plate."

This mirrors the CE-marking rules of Regulation (EC) 765/2008 and the New Legislative Framework, and gives Land surveillance authorities a clean national hook for enforcement actions (withdrawals, recalls, fines). For sector compliance the underlying directive still drives — see our CE marking 101 and conformity assessment modules walkthrough.

§ 6 ProdSG — German-language information

This is the rule that most often surprises non-EU manufacturers. § 6 ProdSG provides:

"German language instructions for use and operation of the product are to be supplied with the product when making it available on the market."

The same paragraph requires "unambiguous markings allowing the identification of the consumer product" plus the manufacturer's name and contact address. Where a sector directive already mandates a translation rule (Machinery, RED, LVD), ProdSG aligns with it; for non-harmonised consumer products the German-language obligation applies as a stand-alone duty.

Practical implications:

See our deeper guide on DoC translation requirements — the German DoC question is the single most common reason an importer needs a redo at the border.

§§ 20–24 ProdSG — the GS mark (Geprüfte Sicherheit)

The GS mark is unique to the German market. It is voluntary, but for many consumer-product categories sold through German retailers (DIY tools, household electronics, garden equipment, child products) GS is a de-facto buyer expectation. § 20 ProdSG sets the rule:

"A ready-for-use and suitable product may bear the GS mark upon approval by a GS body … The award has to be limited to a maximum validity of five years."

Requirements include:

• Type examination by a notified GS body (commonly TÜV SÜD, TÜV Rheinland, TÜV Nord, DEKRA, VDE).
• Production-facility inspection with periodic surveillance.
• Compliance with applicable EU harmonisation law — GS does not replace CE; it is an additional voluntary third-party seal.
• Five-year validity cap, after which the GS body re-tests.

GS is governed jointly by § 20 (award), § 21 (German Awarding Body — "Ausschuss für Produktsicherheit"), § 22 (misuse), § 23 (withdrawal), and § 24 (publication). A counterfeit or unauthorised GS mark is grounds for enforcement under § 22 and may trigger product withdrawal.

§ 25 + § 26 — who actually enforces ProdSG

Germany's market-surveillance architecture is federal. § 25 ProdSG states:

"Market surveillance is the responsibility of the competent authorities under the law of the respective Land."

In practice each of the 16 Länder designates one or more authorities — typically the Landesamt für Arbeitsschutz, Gewerbeaufsicht, or a similar regional body. They run inspections, request technical files, sample products from retail, and issue prohibition / recall orders. They also act as the "competent authorities" under Articles 10–14 of Regulation (EU) 2019/1020.

§ 26 ProdSG gives the federal-level Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (BAuA) a coordinating role. BAuA:

• Identifies and assesses safety and health risks posed by products in use;
• Performs risk assessments where immediate or serious risks are reported;
• Operates as the German contact for ICSMS (the EU's market-surveillance information system referenced in Regulation (EU) 2019/1020);
• Publishes guidance and statistics on product safety.

If you are an EC REP fielding a German market-surveillance request, expect the letterhead to be the Land authority. BAuA correspondence tends to appear in cross-border ICSMS escalations or in cases involving recurrent risks. See EC REP vs importer responsibilities for who owns the response.

Where ProdSG meets the new EU consumer-safety regime

The General Product Safety Regulation (EU) 2023/988 (GPSR) applies from 13 December 2024 and is directly applicable in Germany. It replaces the old General Product Safety Directive (2001/95/EC) that ProdSG had largely shadowed for non-harmonised consumer products. ProdSG is being read in light of GPSR for that residual scope; the German legislator has been updating ProdSG's national provisions accordingly. For harmonised sectors — RED, LVD, EMC, Machinery, CRA — nothing in this layer changes the underlying CE process; ProdSG still drives § 6 language and § 7 marking enforcement.

Common mistakes

• Treating CE alone as sufficient for German retail. Major German DIY chains and discounters frequently require GS marking for consumer power tools, ladders, and outdoor electricals — purely on contractual grounds, not legal grounds. Check buyer specifications before shipping.
• Shipping English-only user manuals. § 6 ProdSG is the second-most-common border issue after a missing EC REP entry on the label. Translate manuals to German before German launch, not after the first stop notice.
• Assuming BAuA is the enforcement contact. BAuA coordinates and assesses, but day-to-day enforcement letters come from the Land authority for the manufacturer's, importer's, or distributor's place of business. Misrouted replies waste two weeks.
• Confusing the GS mark with CE. The GS mark requires third-party type examination and ongoing factory surveillance; CE marking for most product categories is supplier's-declaration only. Do not affix GS unless a recognised GS body has issued the certificate.
• Forgetting GS five-year renewal. § 20(3) caps the GS certificate at five years. Calendar the renewal — selling product with an expired GS certificate is a § 22 enforcement risk and a contractual breach with most retailers.
• Skipping the German contact label. § 6 requires manufacturer name and contact address on the product. For non-EU manufacturers without a German entity, this must align with the EC REP under Regulation (EU) 2019/1020 Article 4.

How Cenitia helps

Cenitia's compliance vault tracks per-product CE evidence (DoC, technical file, test reports) and overlays national requirements such as ProdSG. When you select Germany as a target market, the vault flags missing German-language user information, missing EC REP details on the product label, and pending GS renewals — before the first ICSMS notice.

For non-harmonised consumer products, Cenitia's regulation watcher tracks both the ProdSG text on gesetze-im-internet.de and GPSR Commission guidance, so when § 6 or §§ 20–24 are amended you get a flagged action in the vault rather than a surprise from a Land inspector. See also Technical file 101 and Top 10 CE marking mistakes.

Frequently asked questions

Is the GS mark mandatory in Germany?

No. The GS mark (Geprüfte Sicherheit) is voluntary under § 20 ProdSG. CE marking is mandatory where EU harmonisation law requires it; the GS mark is an additional, third-party-verified safety claim that some buyers and retailers expect on consumer products.

Do user instructions for products sold in Germany have to be in German?

Yes. § 6 ProdSG requires that German-language instructions for use and operation be supplied when a consumer product is made available on the market. This is in addition to any language obligations under sector directives such as the Machinery Regulation or RED.

Who enforces ProdSG — BAuA or the Länder?

Both, in different roles. § 25 ProdSG places market surveillance in the hands of the competent authorities of the respective Land (state). § 26 gives the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (BAuA) federal-level risk assessment and coordination tasks, including ICSMS contact-point duties under Regulation (EU) 2019/1020.

Does ProdSG replace CE marking?

No. § 7 ProdSG reinforces CE marking rules — it is prohibited to place a product on the market with unauthorised CE marking or without CE marking where EU law requires it. ProdSG is a national framework that transposes the Market Surveillance Regulation (EU) 2019/1020 and adds rules for non-harmonised consumer products.

Does ProdSG apply to industrial / workplace products too?

Yes. § 1 ProdSG covers products made available on the market, exhibited, or used for the first time in the context of a commercial activity. That includes consumer products and equipment used at work, with sector-specific exemptions (e.g. medical devices, food, plant protection products).

What is the difference between ProdSG and the new EU GPSR?

ProdSG is the German national act on product safety (revised 2021). The General Product Safety Regulation (EU) 2023/988 (GPSR) applies directly across the EU from 13 December 2024 for non-harmonised consumer products. Where GPSR applies directly, ProdSG provisions for the same scope are read in light of it; sector-harmonised CE rules remain governed by the relevant directive or regulation.

Related from the Library

• CE marking 101 — the EU baseline that ProdSG sits on top of.
• EC REP vs importer responsibilities — who responds when a Land authority writes.
• DoC translation requirements — the German-language DoC question.
• Top 10 CE marking mistakes — common failure modes Land authorities catch.
• Risk assessment for CE compliance — feeds the safety case BAuA would assess under § 26.

Further reading

• Produktsicherheitsgesetz (ProdSG) 2021 — gesetze-im-internet.de (German)
• ProdSG 2021 — English consolidated translation
• Regulation (EU) 2019/1020 on market surveillance and compliance of products
• Regulation (EU) 2023/988 — General Product Safety Regulation (GPSR)
• Regulation (EC) 765/2008 — accreditation and market surveillance framework
• BAuA — Federal Institute for Occupational Safety and Health
• BMAS — Federal Ministry of Labour and Social Affairs, ProdSG portfolio owner

Last reviewed: 5 July 2026. Cited regulations watched continuously by Cenitia — when one amends, this article is flagged for update.