In the course of creating a European Single Market with the so-called New Approach in the 1980s, "essential requirements" for products were formulated within the framework of different product directives and for its substantiation technical product regulations applicable all over Europe (i.e. harmonized) were prepared by standardization organizations. These aim at a free trade of CE marked products in the territories of all EU Member States and thus at a completion of the internal market.

The Construction Products Directive (Directive 89/106/EEC) likewise enacted within the framework of the New Approach has the characteristic that the "essential requirements" of the directive do not address the construction products but the construction works. Yet, the matter also concerns the free trade of CE marked construction products on the single market provided that the construction works into which these products are installed can fulfill the basic safety requirements.

An important element of this approach is the manufacturer's responsibility. This is reflected in the fact that manufacturers, by affixing the CE marking on their products, declare that these products - depending on the relevant sectoral directive - correspond to the legal provisions and harmonized technical specifications.

The European Single Market, meanwhile realized to a large extent, and its opening also for third country products as well as the globalization of the flow of goods certainly lead, in the European Commission's judgement backed by corresponding statistics, to increasing numbers of unsafe and non-compliant products as well as plagiarism.

A so-called European New Legislative Framework for the marketing of products wants to counteract this now. It attaches central importance to the official market surveillance in the Member States to ensure observance of the European requirements.

The Regulation (EC) N° 765/2008 "setting out the requirements for accreditation and market surveillance relating to the marketing of products", applying directly as of 01 January 2010, takes this importance into account. For the first time it creates a binding regulatory framework for a Community market surveillance for all products covered by harmonized legal provisions.

According to that, essential points for the market surveillance - also in Germany - are:
	The guarantee by the market surveillance that products, coming under harmonized legal provisions, which endanger health and safety of the users or which in other aspects do not satisfy the provisions can (if need be) be withdrawn from the market and the public will be duly informed;
	the creation of a general market surveillance program or sector-specific market surveillance programs until 01 January 2010;
	the regular evaluation of the operation of their own market surveillance;
	the guarantee of the efficient cooperation and effective information exchange between the German and European market surveillance authorities and the European Commission as well as the close cooperation between market surveillance and customs authorities;
	the obligation to equip the market surveillance authorities with the necessary resources for a correct fulfillment of their tasks.