Legal basis of GS mark
The GS mark has its legal basis in §§ 20/21 of the German Product Safety Act (ProdSG). The prerequisite for use is that a GS body has awarded the GS mark to a manufacturer or his authorized representative. The GS mark indicates that the intended or foreseeable use of the marked product does not endanger the safety and health of the user. The GS mark is a voluntary mark, that means the manufacturer or his authorized representative decide whether to apply for the GS mark to be awarded.
Please note that the German Product Safety Act had been revised and came into force since July 16th, 2021. Manufacturers outside EU / EFTA (European Free Trade Association) are no longer able to apply for GS Licenses without a representative within the EU / EFTA. We provide professional representative service for GS applicants and GS holders. Contact us for consulting!
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Scope of GS mark
The GS mark can be awarded according to §§ 20/21 ProdSG(German Product Safety Act) for ready-to-use products. This does not apply if the products in question are provided with the CE mark and the requirements for this CE mark are at least equivalent to the requirements for the GS mark award (cf. Section 20 (2) ProdSG). A GS mark cannot be awarded even if the requirements of the ProdSG (German Product Safety Act) in accordance with Section 1 (4) are not relevant. For the definition of product you can check § 2 No. 26 and 27 ProdSG.
What are GS capability of RED components?
During its 15th meeting on November 21, 2019 in Dortmund, the AfPS passed the following resolution on the GS capability of products with RED components:
- All RED products are generally GS-marked.
- Products must not endanger the safety and health of people.
- Safety and health (within the meaning of the ProdSG) of people can also be endangered by products if unsafe conditions that can be generated from the outside, e.g. via access from the electronic communication network (security inadequacies). Section 21 (1) ProdSG also includes these aspects (“GS statement”).
- Until security standards are available, security can be determined if security is established by a component that cannot be influenced via the electronic communication network (standards and use of the component are regulated by GS mark specifications).
- It should be ensured through a competence and procedural regulation for the tests in the market surveillance that the competent market supervision agency (according to ProdSG or FUAG), in addition to the necessary own measures, the authorizing authority over well-founded doubts about the lawful award of the GS mark teach.
- The above statements also apply to networked products that are not subject to RED (e.g. connection via LAN).
This resolution applies to products with RED components. For example, “network-compatible” toys are also affected. One interpretation under this resolution is, GS mark can only be awarded to “networked” products if the GS body can positively confirm by means of a comprehensible, documented check that it is the case with the respective product in all operating states that are possible with intended or reasonably foreseeable use, it is structurally impossible to create an unsafe state even through a faulty update or a hacker attack.
Exceptions of GS mark products
Pursuant to Section 20 (2) ProdSG, the GS mark cannot be awarded, in particular for the following products:
- Elevators and their safety components that fall within the scope of the twelfth ordinance on the Product Safety Act (12th ProdSV)
- Gas appliances that fall within the scope of the Seventh Ordinance on the Product Safety Act (7th ProdSV)
- Devices and protective systems for use in potentially explosive areas that fall within the scope of the eleventh ordinance on the Product Safety Act (11th ProdSV)
- Category III personal protective equipment that falls within the scope of the Eighth Ordinance on the Product Safety Act (8th ProdSV)
- The products named in Section 1 (3) ProdSG cannot be awarded the GS mark because the ProdSG does not apply to these products.
Requirements for the award of the GS mark
The GS mark is awarded by a GS body. The prerequisite for this is, among other things, that:
- The manufacturer or his authorized representative has applied to a GS body
- Evidence has been provided by the GS body as part of a type test that the tested type meets the requirements of the ProdSG and, if applicable, other legal provisions regarding guaranteeing the safety and health of people
- The specifications determined by the Product Safety Committee for the award of the GS mark were applied when testing the model
- The GS body has evidence that the requirements that must be observed in the manufacture of the ready-to-use products are met to ensure compliance with the tested type,
- The GS body carries out control measures to monitor the manufacture of the ready-to-use products and the legitimate use of the GS mark
- The manufacturer guarantees that the ready-to-use products manufactured correspond to the tested type