Market surveillance measures

(1) Market surveillance of products is carried out in accordance with the market surveillance strategy developed by the Länder under section 20(2), first sentence, and the other provisions of this Act.
(2) For the market surveillance of products, Article 2(3), Article 11(2), (3) and (5), Article 14(2), Article 16(3)(g) and (5), and Articles 17 and 22 of Regulation (EU) 2019/1020 apply accordingly. The market surveillance authorities have the powers under Article 14(4)(a), (b), (e) and (j) of Regulation (EU) 2019/1020. The powers under Article 14(4)(e) of Regulation (EU) 2019/1020 exist only during normal business and operating hours.
(3) Where the manufacturer, importer or distributor has relied on section 16 or section 17, the market surveillance authority reviews 1. whether the economic operator carried out the assessment required under the relevant provision, 2. that assessment, including the proper application of the criteria set out in Annex 4, and 3. whether the remaining accessibility requirements of the statutory instrument to be issued under section 3(2) are complied with.
(4) On request, the market surveillance authority must make available to a consumer, in a form perceivable to that consumer, 1. the information available to it as to whether a particular economic operator meets the accessibility requirements of the statutory instrument to be issued under section 3(2), and 2. the assessment carried out by the economic operator under section 16(1), second sentence and section 17(1), second sentence. Insofar as necessary, the market surveillance authority should explain the information available to it in a simple and comprehensible manner. Where such an explanation under the second sentence is not sufficient for the consumer, the market surveillance authority should explain the information in Easy Language. The obligation under the first sentence does not apply where the information cannot be provided for reasons of confidentiality under Article 17 of Regulation (EU) 2019/1020.
(5) Persons with hearing impairments and persons with speech impairments have the right to communicate with the market surveillance authority, in the procedure under subsection (4), in German Sign Language, using spoken language supported by signing, or through other suitable means of communication. The costs of means of communication are to be borne by the market surveillance authority. Section 5 of the Communication Aids Ordinance of 17 July 2002 (Federal Law Gazette I, p. 2650), as last amended by Article 12(2) of the Act of 21 December 2020 (Federal Law Gazette I, p. 3229), as amended from time to time, applies accordingly.
(6) Sections 10 and 11 of the Act on Equal Opportunities for Persons with Disabilities apply accordingly to the procedure under subsection (4).