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2016 Meter Regulation And Amendment Of The Regulation On Mutual Recognition In The Field Of Measurement And Calibration System, Dispensing Vascular Regulation, The Calibration Accreditation Regulation And...

Original Language Title: Messgeräteverordnung 2016 und Änderung der Verordnung über die gegenseitige Anerkennung auf dem Gebiet des Maß- und Eichwesens, der Schankgefäßeverordnung, der Eich-Zulassungsverordnung und der ...

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31. Regulation of the Federal Minister for Science, Research and Economic Affairs, which adopts a Regulation on measuring instruments (Decision 2016 on measuring instruments) and the Regulation on mutual recognition in the field of measurement and calibration, the Burk vessel Regulation, the calibration Regulation and the Regulation on the recognition of technical tests

Contents

Article 1

Measurement Regulation 2016

Article 2

Amendment of the Regulation on mutual recognition in the field of measurement and calibration

Article 3

Change of the Burk vessel Regulation

Article 4

Amendment of the vaccination regulation

Article 5

Amendment of the Regulation on the recognition of technical tests

Article 1

Regulation of the Federal Minister for Science, Research and Economy on measuring instruments (Decision 2016)

On the basis of the § 18 Z 4 of the Mass and Verification Act (MEG), BGBl. No. 152/1950, last amended by the Federal Law BGBl. I No. 148/2015 is prescribed:

Scope

§ 1. (1) This Regulation lays down the requirements to be complied with for the following measuring devices for the first time placing on the market and/or for the first time commissioning of measurement tasks, provided that they are subject to the obligation of calibration:

1.

water meters intended for measuring the volume of clean cold or hot water;

2.

gas meters and volume converters;

3.

electricity meters for consumption;

4.

heat meters;

5.

measuring systems for continuous and dynamic measurement of quantities of liquids except water;

6.

self-adhesive balances;

7.

Taxameter;

8.

depletion (bodyed lengths and discharge measures);

9.

measuring instruments for measuring length and combinations.

(2) If the conformity of a measuring instrument is established in the framework of this Regulation, these measuring instruments are deemed to have been exhausted and may be used and/or ready for use in the scope of the provisions of the law on measurement and calibration.

§ 2. The measuring instruments referred to in § 1 1 is subject to electromagnetic immunity requirements within the meaning of the species. 2(2). 3 of Directive 2014/30/EU on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast), OJ No L 96 of 29/08/4 p. 79.

Definition provisions

§ 3. For the purposes of this Regulation,

1.

‘mechanistics’: any device or system with a measuring function, which in § 1(1). 1 is called;

2.

"Participator": a unit referred to as such in the calibration legislation, belonging to a measuring device according to Section 1(1). 1 that works independently and

(a)

together with other sub-equipment with which it is compatible, or

(b)

together with a measuring device that is compatible

a measuring device;

3.

"legal metrology control": the control of measurement tasks for the application of a measuring device for reasons of public interest, public health, public security and order, environmental protection, the collection of taxes and levies, consumer protection and fair trade;

4.

‘normative document’: a document with technical specifications drawn up by the International Organisation for the Law of Messrs (OIML);

5.

"Processation on the market": any fee or free charge of a measuring device for sale or for use on the Union market in the context of a business activity;

6.

"Market": the first provision of a measuring device on the Union market;

7.

“In-use”: the first use of a measuring device intended for the end user;

8.

‘producer’: any natural or legal person who manufactures or manufactures a measuring device and which markets that measuring device under its own name or trademark or enters into operation for its own purposes;

9.

"authors": any natural or legal person established in the European Union who has been written by a manufacturer to perform certain tasks in his name;

10.

“Introductory” means any natural or legal person established in the European Union who is placing a measuring device from a third country on the Union market;

11.

" Dealers": any natural or legal person in the supply chain providing a measuring device on the market, with the exception of the manufacturer or the importer;

12.

"economic actors": the manufacturer, the representative, the importer and the merchant;

13.

‘technical specification’: a document that lays down the technical requirements that a measuring device must meet;

14.

"harmonised standard": a harmonised standard within the meaning of Art. 2(1). (c) Council Directives 89/686/EEC and 93/15/EEC as well as Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council of 14/11/2012.

15.

"Accreditation": an accreditation within the meaning of Art. 2 Z 10 of Council Regulation (EC) No 765/2008 on the rules for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93, OJ No L 218 of 13.08.2008 p. 30;

16.

National Accreditation Body: a national accreditation body within the meaning of Art. 2 Z 11 of Regulation (EC) No 765/2008;

17.

"Conformity Assessment": the procedure for assessing whether the essential requirements of this Regulation have been met by a measuring device;

18.

"Conformity Assessment Body": a body carrying out conformity assessment activities including calibrations, tests, certifications and inspections;

19.

"recall": any measure aimed at restoring a measuring device already provided to the end user;

20.

"Return": any measure to prevent a measuring device in the supply chain from being placed on the market;

21.

"Union harmonisation legislation": European Union legislation harmonising the conditions for the marketing of products;

22.

‘CE marking’: by which the manufacturer declares that the measuring device complies with the applicable requirements laid down in European Union harmonisation legislation on its attachment.

wendbar of provisions to sub-equipment

§ 4. The provisions of this Regulation apply to these sub-assemblies if essential requirements for sub-equipment are set out in the calibration requirements of the Federal Office for calibration and measurement, referred to below. Partial and measuring instruments can be independently and separately evaluated for the purpose of establishing conformity.

Essential requirements

§ 5. (1) A measuring device must meet the essential requirements set out in Annex 1 and the requirements of the relevant calibration rules.

(2) The information provided for in Annex 1 and in the calibration legislation must be provided in German.

(3) Conformity of a measuring device with the essential requirements is to be evaluated in accordance with § 13.

Manufacturers' obligations

§ 6. (1) Manufacturers shall ensure that measuring devices that they place on the market and/or use and are designed and manufactured under the provisions of the MEG, in accordance with the essential requirements of Annex 1 and the relevant calibration requirements.

(2) Manufacturers shall draw up the technical documentation referred to in Section 14 and carry out or execute the conformity assessment procedure in accordance with Section 13. If the conformity assessment procedure proves that a measuring device meets the applicable requirements of this Regulation and the calibration requirements, manufacturers shall issue an EU declaration of conformity and bring the CE marking as well as the additional metrology marking in accordance with Section 16.

(3) Manufacturers will retain the technical documentation and the EU declaration of conformity after placing the measuring device on the market for ten years.

(4) Manufacturers shall ensure that conformity with this Regulation is always ensured by appropriate procedures for standard manufacturing. Changes to the design of the measuring device or its characteristics, as well as changes to the harmonised standards, normative documents or other technical specifications referred to in the declaration of conformity of a measuring device, must be duly taken into account.

(5) If this is considered appropriate in terms of the performance of a measuring device, sample samples of measuring devices placed on the market, perform tests and, if necessary, carry out a list of complaints, non-compliant measuring devices and recalls of measuring devices and keep dealers informed of these monitoring.

(6) Manufacturers shall ensure that measuring devices which they have placed on the market bear a type, batch or serial number or a different identifier for their identification, or, if this is not possible due to the size or type of measuring device, that the necessary information is provided in the documents attached to the measuring device and, where appropriate, on the packaging referred to in Annex 1 Z 9.2.

(7) Manufacturers give their names, their registered trade name or their registered trade mark and the postal address under which they can be reached, on the measuring device or, if this is not possible, in the documents attached to the measuring device and, where applicable, on the packaging referred to in Annex 1 Z 9.2. The address refers to a one-stop shop where the manufacturer can be reached. The contact details must be indicated in German.

(8) Manufacturers ensure that the measuring device placed on the market is accompanied by a copy of the EU declaration of conformity, the operating instructions and the information mentioned in Annex 1 Z 9.3, which is written in German. These operating instructions and information as well as all labels must be clear, understandable and clear.

(9) Manufacturers who consider or have reason to believe that a measuring device placed on the market does not meet the requirements of this Regulation or the calibration rules shall immediately take the corrective measures necessary to establish or withdraw the conformity of this measuring device. In addition, if risks are linked to the measuring device, manufacturers shall immediately inform the competent national authorities of the Member States of the European Union where they have provided the measuring device on the market, providing detailed information, in particular on non-compliance and corrective measures taken. The competent authorities in Austria must inform the Federal Ministry of Science, Research and Economics and the calibration authorities.

(10) Manufacturers shall provide the Federal Minister for Science, Research and Economic Affairs and the calibration authorities, at their justified request, with all the information and documents necessary to demonstrate the conformity of the measuring device with this Regulation, in paper form or electronically. They cooperate with these authorities at their request with all measures to eliminate risks associated with measuring devices that they have placed on the market.

Representative

§ 7. (1) A manufacturer can designate a representative in writing. The obligations set out in § 6(1) and the obligation to produce the technical documentation in accordance with § 6(1). 2 are not part of the order of a representative.

(2) A representative shall perform the tasks defined on behalf of the manufacturer. The contract must allow the representative to carry out at least the following tasks:

(a)

Prepare the EU declaration of conformity and technical documentation for national market surveillance authorities for a period of ten years from the placing on the market of the measuring device;

(b)

at a reasonable request of a competent national authority to provide all information and documents necessary to demonstrate the conformity of a measuring device to this authority;

(c)

cooperate at the request of the competent national authorities on all measures to eliminate the risks associated with measuring devices that are part of their field of responsibility.

Obligations of importers

§ 8. (1) The importers have to market only compliant measuring devices.

(2) Before placing and/or operating a measuring device, the importer ensures that the conformity assessment procedure referred to in Section 13 has been carried out by the manufacturer. They ensure that the manufacturer has produced the technical documentation that the measuring device is equipped with the CE marking and the additional metrology marking that it is accompanied by the EU declaration of conformity and the necessary documentation and that the manufacturer meets the requirements of § 6(2). 6 and 7 have met.

(3) If an importer considers or has reason to believe that a measuring device does not meet the essential requirements of Annex 1 and the calibration requirements, he may only place the measuring device on the market or enter into operation if the conformity of the measuring device is produced. If the measuring device is associated with a risk, the importer informs the manufacturer and the Federal Ministry of Science, Research and Economics, as well as the calibration authorities.

(4) On the measuring device, the importers give their name, their registered trade name or their registered trade mark and the postal address on which they can be contacted, or, if this is not possible, in the documents attached to the measuring device and, where appropriate, on the packaging referred to in Annex 1 Z 9.2. The contact details are to be inserted in German.

(5) The importer ensures that the measuring device is accompanied by the operating instructions and the information referred to in Annex 1 Z 9.3 in German.

(6) As long as a measuring device is in its responsibility, the importers ensure that the conditions of storage or transport do not adversely affect the conformity with the essential requirements of Annex 1 and the calibration requirements.

(7) If this is considered useful in terms of the performance of a measuring device, the importers take samples of measuring devices placed on the market, perform tests and, if necessary, carry out a list of complaints, non-compliant measuring devices and recalls of measuring devices and keep dealers informed of these monitoring.

(8) Importers who consider or have reason to believe that a measuring device placed on the market is not in line with the requirements of this Regulation shall immediately take the necessary corrective measures to establish or withdraw the conformity of this measuring device. In addition, the importers shall immediately inform the competent national authorities of the Member States of the European Union, where they have made available the measuring device on the market, providing detailed information, in particular on non-compliance and corrective measures taken. The competent authorities in Austria must inform the Federal Ministry of Science, Research and Economics and the calibration authorities.

(9) After placing the measuring device on the market for ten years, importers agree to a copy of the EU declaration of conformity for market surveillance authorities and ensure that they can submit the technical documentation upon request.

(10) The importers provide the Federal Minister for Science, Research and Economic Affairs and the calibration authorities, on their justified request, with all the information and documents necessary to demonstrate the conformity of the measuring device with this Regulation, in paper form or electronically. They cooperate with these authorities at their request with all measures to eliminate risks associated with measuring devices that they have placed on the market.

Obligations of traders

§ 9. (1) Traders take into account the requirements of this Regulation and the calibration rules with due diligence when they provide and/or operate a measuring device on the market.

(2) Before placing and/or operating a measuring device on the market, the merchants check whether the measuring device is equipped with the CE marking and the additional metrology marking, whether it is accompanied by the EU declaration of conformity, the necessary documentation and operating instructions and the other information mentioned in Annex 1 Z 9.3 in German, and whether the manufacturer and the importer meet the requirements of § 6(2). 6 and 7 and § 8(2). 4 have met.

(3) If a trader considers or has reason to believe that a measuring device is not in line with the essential requirements of Annex 1 and the relevant calibration rules, he only makes this measuring device available on the market or only enters into operation if its conformity is produced. If the measuring device is associated with a risk, the trader also informs the manufacturer or importer, as well as the Federal Ministry of Science, Research and Economics, as well as the calibration authorities.

(4) As long as a measuring device is in its responsibility, traders ensure that the conditions of storage or transport do not adversely affect the conformity with the essential requirements of Annex 1 and the calibration rules.

(5) Traders who consider or have reason to believe that a measuring device provided or placed on the market does not comply with this Regulation or with the calibration rules shall ensure that the necessary corrective measures are taken to ensure compliance with this measuring device, to withdraw or recall it, where appropriate. In addition, when risks are linked to the measuring device, traders shall immediately inform the competent national authorities of the Member States of the European Union where they have provided the measuring device on the market, providing detailed information, in particular on non-compliance and corrective measures taken. The competent authorities in Austria must inform the Federal Ministry of Science, Research and Economics and the calibration authorities.

(6) Dealers will provide the Federal Minister for Science, Research and Economics and the calibration authorities with all the information and documents necessary to demonstrate the conformity of a measuring device in paper form or electronically. They cooperate with these authorities at their request with all measures to eliminate risks associated with products that they have made available on the market.

Conditions under which the obligations of the manufacturer also apply to importers and distributors

§ 10. The importer or distributor is considered as a manufacturer for the purposes of this Regulation and is subject to the obligations of a manufacturer in accordance with Section 6 if he markets a measuring device under his own name or trademark, or a measuring device already on the market so that compliance with this Regulation or the calibration requirements can be compromised.

Identification of economic actors

§ 11. (1) The economic actors mention the Federal Ministry of Science, Research and Economics and the calibration authorities at the request of economic operators,

(a)

of whom they have a measuring device;

(b)

they have delivered a measuring device.

(2) The economic operators must provide the information according to paragraph. 1 ten years from the reference of the measuring device and ten years from the levy of the measuring device.

Conformity presumption of measuring devices

§ 12. (1) Conformity with the essential requirements set out in Annex 1 and the relevant calibration requirements covered by the relevant standards or parts of it shall be presumed for measuring devices that conform to harmonised standards or parts of those whose references have been published in the Official Journal of the European Union.

(2) For measuring devices that conform to parts of normative documents whose list has been published in the Official Journal of the European Union, compliance with the essential requirements set out in Annex 1 and the relevant calibration requirements covered by these parts of the normative documents will be presumed.

(3) A manufacturer can opt for a technical solution that meets the essential requirements set out in Annex 1 and the relevant calibration rules. In order to be able to benefit from the presumption of conformity, it must also correctly apply solutions that are either in the relevant harmonised standards or in the normative documents as required. 1 and 2 are listed.

(4) Compliance with the respective test rules in accordance with Section 14(2). 3 Z 9 can be considered if the corresponding audit programme is in line with the in paragraph. 1 to 3 relevant documents have been implemented and test results ensure compliance with essential requirements.

Conformity assessment procedures

§ 13. (1) The evaluation of the conformity of a measuring device with the relevant requirements under Section 5 shall be carried out in accordance with a conformity assessment procedure, which is indicated in Annex 2.

(2) If a body notified pursuant to Article 18 is active, records and correspondence relating to the conformity assessment procedures carried out are to be processed either in German or in another language recognised by that body.

Technical documents

§ 14. (1) The technical documentation must show the design, manufacture and functioning of the measuring device and enable the evaluation of its conformity with the relevant requirements of this Regulation.

(2) The technical documents must be detailed enough to meet the requirements regarding:

1.

Description of the metrological characteristics;

2.

reproducing the measurement performance of the measuring instruments produced if these are properly adjusted with appropriate means for use;

3.

integrity of the measuring device.

(3) Insofar as this is relevant for the evaluation and identification of the type of device and/or the measuring device, the technical documentation must be added to the content referred to in paragraph 2. 2:

1.

a general description of the measuring device;

2.

design, production drawings and plans of components, construction groups, circuit boards, etc.;

3.

Description of manufacturing processes to ensure uniform production;

4.

where appropriate, a description of electronic components with drawings, charts, logic flow charts and general information on the software with an explanation of their characteristics and functioning;

5.

descriptions and explanations necessary to understand the Z 2 to Z 4, including the functioning of the measuring device;

6.

a list of harmonised standards and/or normative documents referred to in Section 12, which have been published in the Official Journal of the European Union;

7.

a description of the solutions chosen to meet the essential requirements of this Regulation, in so far as the harmonised standards and/or normative documents referred to in Section 12 have not been applied, including a list of other relevant technical specifications;

8.

the results of design calculations, tests, etc.;

9.

where necessary, appropriate test results to demonstrate that the design and/or measuring instruments are used

(a)

comply with the requirements of this Regulation under the specified nominal operating conditions and in specified environmental disturbances;

(b)

comply with the specifications laid down in the calibration rules for the durability of gas, water and heat meters as well as measuring systems for liquids except water;

10.

the EU design or EU design test certificates for measuring devices containing parts identical to those of the design.

(4) The manufacturer must indicate the place of sealing and marking.

(5) The manufacturer may specify the conditions for compatibility with interfaces and sub-systems.

EU declaration of conformity

§ 15. (1) The EU declaration of conformity states that the fulfilment of the essential requirements set out in Annex 1 and the relevant calibration rules has been demonstrated.

(2) The EU declaration of conformity corresponds to the model set out in Annex 4, contains the elements indicated in the relevant modules of Annex 3 and is kept up-to-date. The manufacturer can allocate a number on a voluntary basis of the declaration of conformity. It is to be written in German if the measuring device is placed on the market or provided in Austria.

(3) Where a measuring device is subject to several acts of the European Union, each requiring an EU declaration of conformity, only one EU declaration of conformity is issued for all acts of the European Union. This declaration shall indicate the relevant acts of the European Union and its fund office in the Official Journal of the European Union.

(4) With the exhibition of the EU declaration of conformity, the manufacturer assumes responsibility for the measuring device meets the requirements of this Regulation.

Conformity marking

§ 16. (1) Conformity of a measuring device with the provisions of this Regulation shall be ensured by the ‘CE’ marking in accordance with paragraph . 2 and the additional metrology marking referred to in paragraph 3 on the measuring device.

(2) The CE marking applies to the general principles in accordance with Art. 30 in conjunction with Annex II of Regulation (EC) No 765/2008.

(3) The additional metrology marking consists of the letter "M" and the last two digits of the year in which the marking has been attached, framed by a receivable. The level of the receivable corresponds to the level of CE marking.

(4) The additional metrology marking applies to the general principles of Art. 30 of Regulation (EC) No 765/2008.

Application of CE marking and additional metrology marking

§ 17. (1) The CE marking and the additional metrology marking are well visible, legible and durable on the measuring device or its data chain. If the type of measuring device does not allow or does not justify this, it will be attached to the accompanying documentation and, where appropriate, to the packaging.

(2) If a measuring device is composed of a number of co-operating devices that are not part of equipment, the CE marking and the additional metrology marking are attached to the main device.

(3) The CE marking and the additional metrology marking must be placed before placing the measuring device on the market.

(4) The CE marking and the additional metrology marking may be attached during production on the device if justified.

(5) The additional metrology marking is directly behind the CE marking. The reference number of the notified body is the CE marking and the additional metrology marking if this body was active in the production control set out in Annex 3.

(6) The identification number of the notified body is to be placed either by the body itself or by its instructions by the manufacturer or its representative.

(7) The identification number of the competent notified body shall be permanently or in such a way that it cannot be removed from it.

(8) The CE marking, the additional metrology marking and, where applicable, the identification number of the notified body may be a different sign that addresses a particular risk or special use.

Notification

§ 18. (1) The notification of posts is made by the procedure in accordance with Articles 18a to 18d MEG.

(2) The identification number given by the European Commission to the notified body is to be used by the notified body for all activities carried out under this Regulation.

Requirements for notified bodies

§ 19. (1) A conformity assessment body has the requirements of the paragraph for the purposes of notification. 2 to 15.

(2) Any legal person or registered passenger company may be notified as a conformity assessment body in compliance with the conditions laid down in this Regulation.

(3) A conformity assessment body must act as an independent third party that is not connected with the installation or measuring device that or which it assesses. A body which is a member of an association or a specialised association and assesses the measuring instruments whose design, manufacture, provision, assembly, use or maintenance are involved in companies represented by this association may, subject to the condition that their independence and absence of any conflict of interest have been demonstrated, be considered as an independent third body.

(4) A conformity assessment body, its top management level and the personnel responsible for the performance of conformity assessment tasks may:

1.

not designer, manufacturer, supplier, installer, buyer, owner, user or maintenance operation of the measuring devices to be evaluated by them or representatives of any of these parties. This does not exclude the use of measuring devices already subject to conformity assessment, which are necessary for the operation of the conformity assessment body, or the use of such measuring instruments for personal use

2.

neither directly involved in the design, manufacture or construction, marketing, installation, use or maintenance of these measuring instruments nor represent the parties involved in these activities. They may not deal with activities that may affect their independence in the assessment or integrity of conformity assessment measures for which they are notified. This is particularly true for consulting services.

However, there is no possibility to exchange technical information between the manufacturer and the conformity assessment body.

(5) The conformity assessment bodies ensure that the activities of their subsidiaries or subcontractors do not adversely affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

(6) Conformity assessment bodies and their employees have to carry out conformity assessment activities with the highest possible professionalism and the necessary technical competence in the area concerned; they may not be subject to any influence, in particular financial, which may affect their assessment or the results of their conformity assessment work and, in particular, of persons or groups of persons who have an interest in the outcome of these activities.

(7) A conformity assessment body must be able to deal with all conformity assessment tasks that are to be performed by the body itself, on its behalf or under its responsibility, in accordance with Annex 3 and for which it has been notified.

(8) At any time, for each conformity assessment procedure and for each type and category of measuring devices for which it has been notified, a conformity assessment body has to have:

1.

the necessary staff with specialist knowledge and sufficient experience to perform the tasks of conformity assessment;

2.

Descriptions of procedures in which conformity assessment is carried out to ensure the transparency and repeatability of these procedures. It has adequate instruments and appropriate procedures to distinguish between the tasks it performs as a notified body and other activities;

3.

Procedures for carrying out activities taking due account of the size of a company in which it operates, its structure, the degree of complexity of the respective product technology and the fact that the production process is a mass production or serial production.

(9) A conformity assessment body must have the necessary means to adequately perform the technical and administrative tasks associated with conformity assessment and have access to all necessary equipment or facilities.

(10) The employees responsible for carrying out the tasks of conformity assessment must have:

1.

a solid technical and vocational training, covering all activities for conformity assessment in the area for which the conformity assessment body has been notified;

2.

sufficient knowledge of the requirements associated with the evaluations to be carried out and the power to carry out such evaluations;

3.

adequate knowledge and understanding of the essential requirements set out in Annex 1 and the relevant calibration requirements, the applicable harmonised standards and normative documents and the provisions of the European Union harmonisation legislation and national legislation;

4.

the ability to produce certificates, protocols and reports as proof of carried out reviews.

(11) The impartiality of conformity assessment bodies, their top management levels and the personnel responsible for the performance of conformity assessment tasks must be guaranteed.

(12) The remuneration of the top management level and the employees responsible for the performance of conformity assessment tasks must not be based on the number of evaluations carried out or their results.

(13) The Conformity Assessment Body has to complete a liability insurance provided that the liability is not taken over by the Republic of Austria.

(14) Information received by employees of a conformity assessment body in carrying out their tasks in accordance with Annex 3 under this Regulation shall be subject to professional secrecy except for the competent authorities of the Member State of the European Union in which they perform their activities. Property rights are protected.

(15) Conformity assessment bodies have to participate in the relevant standardisation activities and activities of the coordination group of notified bodies created under the respective harmonisation laws of the European Union, or have to ensure that employees responsible for the fulfilment of conformity assessment tasks are informed about, and apply the administrative decisions and documents developed by this group as general guidelines.

Conformity presumption in notified bodies

§ 20. If a conformity assessment body considers that it meets the criteria of the relevant harmonised standards or parts of which have been published in the Official Journal of the European Union, it may be presumed that it meets the requirements set out in Section 19 to the extent that the applicable harmonised standards cover those requirements.

subsidiaries of notified bodies and subcontracting

§ 21. (1) If the notified body addresses certain tasks relating to the conformity assessment to subcontractors or transfers them to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Section 19 and informs the notifying authority accordingly.

(2) The notified bodies bear full responsibility for the work carried out by subcontractors or subsidiaries, regardless of where they are established.

(3) Work may only be awarded to a subcontractor or transferred to a branch if the customer agrees to the customer.

(4) The notified bodies have provided the relevant documentation on the evaluation of the qualification of the subcontractor or of the subsidiary and the work carried out by it in accordance with Annex 3.

Accredited internal bodies

§ 22. (1) An accredited internal body can act for the purpose of carrying out the procedures set out in Annex 3, Module A2 and C2 for conformity assessment activities for the company that it belongs. This body has a distinct and distinct part of the company and cannot participate in the design, production, delivery, installation, use or maintenance of the measuring instruments evaluated by it.

(2) Accredited internal bodies have to meet the following criteria:

1.

They are accredited in accordance with Regulation (EC) No 765/2008;

2.

the bodies and their employees are organisationally indefinite and have reporting procedures to ensure their impartiality that they prove to the national accreditation body;

3.

neither the bodies nor their employees are responsible for the design, manufacture, supply, installation, operation or maintenance of the measuring instruments to be evaluated by them, or are going to work that could harm the independence of their judgment or their integrity in relation to the evaluation tasks;

4.

the bodies provide their services exclusively for the company they belong to.

(3) Accredited internal bodies shall not be notified to the other Member States of the European Union or to the European Commission, but, upon request, the notifying authority will be required to provide information on its accreditation from the company which it belongs or from the national accreditation body.

Delivery on the market and commissioning

§ 23. The requirements for commissioning (climate conditions) are set out in the calibration rules as described below. The appropriate upper and lower temperature limits are to be chosen from Table 1 of Annex 1, further may be required to impose humidity conditions (replacement or no congestion) and the nature of the intended use site (open or closed).

§ 24. If various accuracy classes for specific applications are defined in the calibration rules, the owner of the measuring device may at any time use a higher accuracy class for this application.

§ 25. Measuring devices that are shown on fairs, exhibitions, demonstrations and the same must not comply with the provisions of this Regulation unless clearly indicated that they do not meet the requirements and cannot be placed on the market and/or on the market before conformity has been produced with the provisions of this Regulation.

Obligations of notified bodies regarding their work

§ 26. (1) The notified bodies carry out the conformity assessment in accordance with the conformity assessment procedures set out in Annex 2.

(2) Conformity assessments are carried out in compliance with proportionality, avoiding unnecessary burdens on economic operators. The conformity assessment bodies carry out their activities taking due account of the size of a company, the industry in which it operates, its structure and the degree of complexity of the product technology concerned and the mass production or series character of the manufacturing process. However, such a level of protection must be observed, as is necessary for the conformity of the measuring device with this Regulation.

(3) If a notified body finds that a manufacturer has not complied with the essential requirements set out in Annex 1 and in the relevant calibration regulations or in the relevant harmonised standards, normative documents or other technical specifications, it requests the manufacturer to take appropriate corrective measures and does not issue a certificate of conformity.

(4) If a notified body has already issued a certificate and finds that the measuring device no longer meets the requirements, it calls on the manufacturer to take appropriate corrective measures and suspends or withdraws the certificate if necessary.

(5) If no corrective measures are taken or do not show the necessary effect, the notified body may restrict all certificates, suspend or withdraw them.

Procedures for the treatment of measuring devices with a risk at national level

§ 27. (1) If the calibration authorities have sufficient reason to believe that a measuring device covered by this Regulation threatens the aspects of the protection of public interests covered by this Regulation, they shall assess whether the measuring device meets all the relevant requirements set out in this Regulation. To this end, the relevant economic actors have to cooperate with the calibration authorities to the extent necessary.

(2) In the course of the assessment, the calibration authorities shall comply with paragraph. 1 On the conclusion that the measuring device does not meet the requirements of this Regulation, they immediately ask the relevant economic operator to take all appropriate corrective measures within a time limit prescribed by the authority to ensure compliance of the measuring device with these requirements, take it or recall it from the market.

(3) The calibration authorities shall inform the notified body.

(4) Art. 21 of Regulation (EC) No 765/2008 applies to the measures referred to in paragraph 2.

(5) If the calibration authorities consider that non-compliance is not limited to Austria, they inform the Federal Ministry of Science, Research and Economics about it. This informs the European Commission and the other Member States of the European Union about the results of the evaluation and the measures to which they have requested economic operators.

(6) The economic operator ensures that all appropriate corrective measures that take place extend to all the measuring instruments it has made available on the market in the European Union.

(7) Does the economic operator concerned take action within the provisions of the above. In order to prohibit or restrict the provision of the measuring device on the domestic market, the calibration authorities shall take all appropriate provisional measures to prohibit or restrict the provision of the measuring device on the domestic market, to withdraw or recall the measuring device from the market.

(8) The Federal Ministry of Science, Research and Economics immediately informs the European Commission and the other Member States of the European Union about the measures.

(9) The information referred to in paragraph 8 shows all available information, in particular the data for the identification of the non-compliant measuring device, the origin of the measuring instrument, the type of non-conformity claimed and the risk as well as the nature and duration of the national measures taken and the arguments of the relevant economic operator. In particular, it should be noted whether non-compliance is due to one of the following causes:

1.

the measuring device does not meet the requirements set out in this Regulation regarding the aspects of public interest protection; or

2.

the harmonised standards or normative documents, in which compliance is subject to a presumption of conformity according to Section 12, are inadequate.

(10) If the review by the European Commission indicates that the measure is not justified, this measure shall be withdrawn immediately.

Risk of compliant devices

§ 28. (1) If the Federal Ministry of Science, Research and Economic Affairs or the calibration authorities determine that a measuring device poses a risk to aspects of the protection of public interests, although it is in conformity with this Regulation, the economic operator concerned is asked to take all appropriate measures to ensure that the measuring device in question is no longer present at its placing on the market or that it is declared within a reasonable, reasonable period of time from the market or to recall it.

(2) The economic operator ensures that all corrective measures taken cover all the equipment it has made available on the market in the European Union.

(3) The Federal Ministry of Science, Research and Economics immediately informs the European Commission and the other Member States of the European Union. This information shows all available information, in particular data for the identification of the measuring device concerned, the origin and supply chain of the measuring device, the type of risk and the nature and duration of the national measures taken.

Formal non-compliance

§ 29. (1) Without prejudice to § 27, the economic operator in question is to be asked by the calibration authorities to correct the non-compliance in question if it finds one of the following cases:

1.

the CE marking or the additional metrology marking was not respected by Art. 30 of Regulation (EC) No 765/2008 or of § 17 of this Regulation;

2.

the CE marking or the additional metrology marking has not been applied;

3.

the identification number of the notified body — if it was at the stage of manufacturing control — was appropriate or not appropriate for non-compliance with Section 17;

4.

the EU declaration of conformity was not attached to the measuring device;

5.

the EU declaration of conformity has not been properly issued;

6.

the technical documents are either not available or not complete;

7.

in § 6(2). 7 or § 8. 4 of these information is missing, incorrect or incomplete;

8.

a different administrative requirement under § 6 or § 8 is not met.

(2) The non-conformity shall be in accordance with paragraph 2. 1 further, the calibration authorities have to take all appropriate measures to restrict or prohibit the provision of the measuring device on the market or to ensure it is recalled or withdrawn from the market.

Language equality

§ 30. To the extent that the Regulation applies to natural persons only in male form, it refers to women and men in the same way. When applying the name to certain natural persons, the gender-specific form must be used.

Implementation of European Union acts

§ 31. This Regulation implements Directive 2014/32/EU on the harmonisation of the laws of the Member States relating to the provision of measuring devices on the market (recast), OJ No L 96 of 29/08/4 p. 149.

Transitional provisions

§ 32. (1) From 20. Only more measuring instruments can be placed on the market for the first time or used for the first time in accordance with this Regulation.

(2) Derogation of paragraph 1 may continue to be placed on the market for the first time or put into service for the first time if they comply with the provisions of the measuring instrument regulation, BGBl. II No 274/2006, and have a valid certificate for that purpose.

(3) Derogation of paragraph 1 may be measuring instruments which comply with the provisions of Article 23(2). 1 of the measuring instrument regulation, BGBl. II No 274/2006, only up to 30. for the first time, or for the first time in operation.

Entry into force

§ 33. (1) This Regulation will enter into force on 20 April 2016. At the same time, the measuring instrument regulation, BGBl. II No 274/2006 will expire.

(2) From the date of the presentation of this Regulation, bodies may be designated in accordance with § 18.

(3) Notified bodies may not be allowed to certify CE marking under this Regulation before 20. April 2016

(4) The placing on the market or the commissioning of measuring devices labelled under this Regulation before 20. April 2016 is inadmissible.

ANNEX 1

Essential requirements

A measuring device must ensure a high level of measurement safety so that the data subjects can trust the measurement results; Design and manufacture must have a high quality level of measurement and safety of measurement data.

The following are the requirements to be fulfilled by the measuring devices. These are complemented by equipment-specific requirements contained in the calibration requirements of the Federal Office for calibration and measurement.

The solutions chosen by the requirements must take into account the intended use of the measuring device and any foreseeable improper use.

Definition provisions

Measurement size

The size of the measure is the size that is the subject of a measurement.

Impact size

A size of influence is a size that is not the size of the measure, but the measurement result is influenced.

nominal operating conditions

The nominal operating conditions are the values for the size of measurement and the influence sizes for the normal operating condition of a measuring device.

Immediate size

A disturbance size is a size of influence, the value of which lies within the limits set by the respective requirement but outside the specified nominal operating conditions of the measuring device. A size of influence is an imbalance if the nominal operating conditions are not indicated for this size.

Limit value

The limit value is the value in which the change in the measurement result is considered not desirable.

Body

A body of measure is a device designed to permanently reproduce or provide one or more known values of a given size during its use.

Direct sales

A transaction is referred to as direct selling if:

-

serves as a basis for the price to be paid and

-

at least one of the parties affected by the measure is a consumer or another party that needs comparable protection, and

-

all parties concerned by the operation acknowledge the measurement result on the spot.

Climate conditions

The climatic conditions are the conditions under which measuring instruments can be used. Different temperature limits have been set to take account of climatic differences between the Member States of the European Union.

Supply companies

As a supply company, companies that ensure the supply of electricity, gas, district heating or water.

Essential requirements

1.

Error limits

1.1

Under nominal operating conditions and without the occurrence of a disturbance, the deviation of the measure may not exceed the extreme deviations approved in the relevant calibration rules ( error limits). Unless otherwise specified in the calibration rules, a limit of error is expressed as a two-sided value of the deviation from the true measurement value.

1.2

Under nominal operating conditions and in the event of a disturbance, the performance requirement for the device complies with the relevant calibration requirements. If the device is used in a continuous electromagnetic field, the permitted measurement properties must be within the limits of the error during the examination.

1.3

The manufacturer must specify the climatic, mechanical and electromagnetic environment conditions under which the device is to be used, as well as the power supply and other influence sizes that may affect its accuracy, taking into account the requirements set out in the relevant calibration rules.

.

Climate conditions

The manufacturer shall, using the values indicated in Table 1, determine the upper and lower temperature limit, unless otherwise specified in the calibration legislation, and specify the humidity conditions (replacement or no congestion) and which place of use (open or closed) the device is designed.

temperature limits

Upper temperature limit

30 °C

40 °C

55 °C

70 °C

Lower temperature limit

5 °C

-10 °C

-25 °C

-40 °C

Table 1

1.3.2

(a) the mechanical environment conditions are divided into classes M1 to M3 as follows:

M1

This class applies to measuring devices used in places of use where insignificant vibration and shocks can occur, such as light-supported measuring devices, which are small, from local explosive or ramm-work, doors to be proposed, etc. vibration and feeding are suspended.

M2

This class applies to measuring devices used in places of use, where significant to strong vibration and shocks can occur, e.g. e.g. from nearby machinery and overrun vehicles or from adjacent heavy machinery, conveyor belts, etc.

M3

This class applies to measuring devices used in places of use where strong to very strong vibration and shocks can occur, e.g. measuring devices that are directly attached to machines, conveyor belts, etc.

(b)

In relation to mechanical environment conditions, the following influence sizes must be taken into account

-

vibration;

-

feeding.

1.3.3

(a) The electromagnetic environment conditions are divided into classes E1, E2 and E3, unless otherwise specified in the calibration legislation.

E1

This class applies to measuring devices used at places where electromagnetic disturbances such as residential and commercial buildings and light industry buildings can occur.

E2

This class applies to measuring devices used at places where electromagnetic disturbances can occur as in other industrial buildings.

E3

This class applies to measuring devices with power supply through vehicle batteries. These measuring instruments must meet the requirements of class E2 and the following additional requirements:

voltage waste caused by the introduction of the combustion engine power circuits of combustion engines;

Transients in case of lorry trap, which occurs when a portable battery is blocked at current motor.

(b)

In relation to electromagnetic environment conditions, the following influence sizes must be taken into account

-

tension interruptions;

-

short-term voltage waste;

-

voltage transients in supply and/or signal lines;

-

charging static electricity;

-

electromagnetic HF fielder;

-

electromagnetic fields in supply and/or signal lines;

-

Strong voltages in supply and/or signal lines.

1.3.4.

Other influence sizes to be taken into account where appropriate are:

-

voltage fluctuations;

-

fluctuations in network frequency;

-

mobile magnetic fields;

-

other sizes that can significantly affect the accuracy of the measuring device.

1.4.

The following rules apply to the conduct of the tests under this Regulation:

1.4.1.

Basic rules for examining and determining errors

The basic requirements of the Z 1.1 and 1.2 are to be reviewed for each relevant influence size. Unless otherwise specified in the relevant calibration code, these basic requirements apply when the installation of the size of influence and the determination of their effect are separate for each individual size, with all other influence sizes being kept relatively constant on their reference value.

The metrology test is to be carried out during or after the installation of the size of influence, taking into account the condition which corresponds to the normal operating condition of the measuring device, which is the likelihood of the occurrence of this influence.

1.4.2.

Environment moistening

(a)

Depending on the climatic environment in which the measuring device is intended to be used, either a test can be carried out on wet heat and constant temperature (no condensation) or a check on wet heat and cyclical temperature change (replacement).

(b)

The test of wet heat and cyclical temperature change is appropriate if the retention is important or the intrusion of steam is accelerated by the respiratory effect. In terms of conditions in which it is necessary to achieve a free humidity, the test can be chosen for wet heat and constant temperature.

2.

Reproducibility

The determination of the same size of measurement in different places and by different users must result in close consistency between the following results, otherwise unchanged conditions. Compared to the limits of errors, the individual measurement results can only differ slightly.

3.

Repeatability

The measurement of an identical measurement size under the same conditions must result in a close consistency between the following measurement results. Compared to the limits of errors, the individual measurement results may differ slightly.

4.

Response threshold and sensitivity

A measuring device must be sufficiently sensitive for the intended measurements and have a sufficiently low response threshold.

5.

Consistency

A measuring device must be interpreted in such a way that its metrological characteristics remain sufficiently stable over a period suggested by the manufacturer, provided that it is properly established and maintained and used in accordance with the user manual under the specified environment conditions.

6.

reliability

A measuring device must be interpreted as such that the influence of a defect that would lead to an inaccurate measurement result will be reduced as far as possible, if such a defect is not apparent.

7.

Aptitude

7.1.

A measuring device may not have any characteristics that facilitate use in fraudulent intent and the possibility of unintended wrong-handling is minimised.

7.2.

A measuring device must be suitable for the intended use, taking into account the practical conditions of use, and must not impose inappropriately high demands on the user to obtain a correct measurement result.

7.3.

In the case of flows or flows outside the permitted area, the error of a measuring device for utility services must not have an excessive unilateral deviation.

7.4.

If a measuring device is designed to measure measurements that are constant over time, the measuring device must be unsustainable or adequately react to small fluctuations in the measurement size.

7.5.

A measuring device must be robust and the materials from which it exists must be suitable for the intended operating conditions.

7.6.

A measuring device must be interpreted in such a way as to allow the measurement process to be controlled after the measuring device was placed on the market and put into operation. If necessary, the measuring device must have a specific equipment or software for this control. The test procedure must be described in the user manual.

If a measuring device has additional software that performs further functions in addition to the measurement function, the software that is decisive for the metrological characteristics must be identifiable; it may not be affected by the additional software in an inadmissible way.

8.

Protection against counterfeiting

8.1.

The metrological characteristics of a measuring device may not be influenced by the inclusion of another device, by the characteristics of the connected device or by the characteristics of a separated device which is in communication with the measuring device.

8.2.

A building unit that is essential for the metrological characteristics must be interpreted in such a way that it can be secured. The safeguards provided must provide proof of any interference.

8.3.

Software that is crucial for the metrological characteristics is to be labelled and secure. The identification of the software must be made available in a simple way by the measuring device. Any interference must be detectable over a reasonable period of time.

8.4.

Measurement data, software that are essential for the metrological characteristics and measurable important parameters that are stored or transferred are adequately protected against accidental or intentional distortions.

8.5.

In the case of display of measuring devices to measure supply services, the display of the total quantity of supply or the display of the display of visions for which the total quantity of supply can be derived and which, in whole or partly, serve as a basis for billing, cannot be resettled during the operation.

9.

Information to be provided on the measuring device and to be processed

9.1.

The following information is available on a measuring device:

(a)

Name of the manufacturer, registered trade name or registered trade mark

(b)

Details of measurement accuracy

and, where appropriate,

(c)

Information on operating conditions

(d)

Measurement capacity

(e)

Area of measurement

(f)

Identity marking

(g)

Number of EU Model Testing Certificate or EU Design Testing Certificate

(h)

Information on whether or not additional installations providing measurement results comply with the provisions of this Regulation on statutory metrology control.

9.2.

If a measuring device is too small or too sensitive to bear the necessary information, the packaging (where available) and the accompanying documentation to be created under this Regulation must be labelled accordingly.

9.3.

The measuring device must have information about its functioning if this is not necessary due to the simplicity of the measuring device. This information must be easily understandable and, where appropriate, include:

(a)

nominal operating conditions

(b)

Class of mechanical and electromagnetic environment conditions

(c)

upper and lower temperature limit, condensing water formation possible or not possible, open or closed site

(d)

instructions for establishment, maintenance, repairs and admissibility

(e)

instructions to ensure a smooth operation and details of specific operating conditions

(f)

Conditions for compatibility with interfaces, sub-systems or measuring devices.

9.4.

Individual operating instructions are not strictly necessary for groups of identical measuring devices used in the same place of use or for measuring devices to measure supply services.

9.

Unless otherwise specified in the calibration legislation, the sub-section distance is 1 x 10n, 2 x 10n or 5 x 10n, with a total number or zero. The unit of measurement or its symbol is displayed in close proximity to the figure.

9.6.

A unit of measure is marked with a nominal value or a scale and the unit used.

9.7.

The units used and their symbols must comply with Community legislation on units of measurement and their symbols.

9.8.

All markings and markings required by a requirement must be clear, unavoidable, clear and non-transferable.

10.

Scoreboard of results

10.1.

The display of the results is made in the form of an indicator of vision or a paper print.

10.2.

The display of the results must be clearly and unambiguously, as well as with the necessary markings and markings to clarify the importance of the result. In normal operating conditions, a smooth reading of the results presented must be ensured. Additional advertisements are allowed if confusion with the display under the metrology control is excluded.

10.3.

If the results are printed or recorded, the expression and the recording must be well read and unavoidable.

10.4.

A measuring device used to manage a direct sale must be interpreted in such a way that the measurement result is displayed when the measuring device is determined by both parties. Insofar as this is of crucial importance in the case of direct sales, there is a need to provide evidence that is issued by periphery devices that do not meet the requirements of this Regulation to customers.

10.5.

Measuring devices to measure supply services are, in any case, equipped with a view display under the metrology control which is accessible to consumers without tools. The display value of this Scoreboard is considered to be a measurement result, which is the basis for the price to be paid.

11.

Further processing of data to complete the business process

11.1.

A measuring device that does not serve to measure supplies must permanently record the measurement result and the information necessary to determine a particular transaction, if the measurement is not catching up and the measuring device is normally intended to be used in the absence of one of the parties.

11.2.

In addition, a permanent detection of the measurement results and the information necessary to determine a particular transaction must be made available at the end of the measurement on request.

12.

Conformity Assessment

A measuring device must be interpreted in such a way as to allow a smooth assessment of its conformity with the relevant requirements of this Regulation.

ANNEX 2

Conmissible conformity assessment procedures

1.

Water meters that are intended to measure the volume of clean cold or hot water:

B+F or B+D or H1;

2.

Gas meters and volume converters:

B+F or B+D or H1;

3.

Electricity meters for use in household, commercial and light industry:

B+F or B+D or H1;

4.

Heat meters:

B+F or B+D or H1;

5.

Measurements for continuous and dynamic measurement of quantities of liquids except water:

B+F or B+D or H1 or G;

6.

Automatic scales:

(a)

For mechanical measuring devices:

B+D or B+E or B+F or D1 or F1 or G or H1;

(b)

For electromechanical measuring devices:

B+D of B+E or B+F or G or H1;

(c)

For electronic measuring devices or software measuring devices:

B+D or B+F or G or H1;

7.

Taxameter:

B+F or B+D or H1;

8.

Mass cartels:

(a)

embodies lengths:

F1 or D1 or B+D or H or G;

(b)

Limits:

A2 or F1 or D1 or E1 or B+E or B+D or H;

9.

Measuring instruments for measuring length and their combinations:

(a)

For mechanical or electromechanical measuring devices:

F1 or E1 or D1 or B+F or B+E or B+D or H1 or G;

(b)

For electronic measuring devices or measuring devices containing software:

B+F or B+D or H1 or G.

ANNEX 3

Module A: Internal production control

1.

The internal production control is the conformity assessment procedure in which the manufacturer meets the obligations set out in the Z 2, 3 and 4 and declares its sole responsibility that the measuring devices concerned meet the requirements of this Regulation.

2.

Technical documents

The manufacturer produces the technical documents described in Section 14. Based on these documents, it must be possible to assess the conformity of the measuring device with the relevant requirements; they must include appropriate risk analysis and evaluation. In the technical documents, the relevant requirements must be met and the design, manufacture and operation of the product must be recorded as far as they are relevant for the evaluation.

3.

Production

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the measuring instruments with the technical documentation referred to in Z 2 and with the requirements of this Regulation.

4.

Conformity marking and EU declaration of conformity

4.1.

The manufacturer brings the CE marking and the additional metrology marking to each measuring device which meets the applicable requirements of this Regulation.

4.2.

The manufacturer makes a written EU declaration of conformity for a measuring device model and, together with the technical documentation after placing the measuring device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it is necessary to identify which measuring device has been issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of measuring devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or consignment.

5.

Representative

The manufacturer’s obligations referred to in Z 4 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module A2: Internal production control with supervised equipment checks at irregular intervals

1.

The internal production control, which is monitored at irregular intervals, is the conformity assessment procedure with which the manufacturer meets the obligations set out in the Z 2, 3, 4 and 5 and declares its own responsibility that the measuring devices concerned meet the requirements of this Regulation.

2.

Technical documents

The manufacturer produces the technical documents described in Section 14. Based on these documents, it must be possible to assess the conformity of the device with the relevant requirements; they must include appropriate risk analysis and evaluation. In the technical documents, the relevant requirements must be met and the design, manufacture and operation of the product must be recorded as far as they are relevant for the evaluation.

3.

Production

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the products manufactured with the technical documentation referred to in Z 2 and with the requirements of this Regulation.

4.

Equipment tests

Depending on the manufacturer's decision, an accredited internal body or a notified body elected by it shall carry out, or carry out, equipment tests to verify the quality of internal equipment checks, taking into account, inter alia, the technical complexity of the equipment and the quantity of production. Before placing on the market, the place will take an appropriate sample of the final measuring devices and investigate them; It shall also carry out appropriate tests in accordance with the relevant sections of the harmonised standard and/or the normative document and/or equivalent tests in accordance with other relevant technical specifications to verify the conformity of the device with the appropriate requirements of this Regulation. In the absence of a relevant harmonised standard or a relevant normative document, the accredited internal body or the notified body shall decide which tests will be carried out.

If a significant number of devices taken as samples do not meet an acceptable quality level, the accredited internal body or the notified body shall take the necessary measures.

If a notified body carries out the tests, the manufacturer, under the responsibility of the notified body during the manufacturing process, shall take its identification number.

5.

Conformity marking and EU declaration of conformity

5.1.

The manufacturer shall bring the CE marking and the additional metrology marking to each device that meets the applicable requirements of this Regulation.

5.2.

The manufacturer makes a written EU declaration of conformity for a device model and, together with the technical documentation after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it is necessary to identify which device it has been issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

6.

Representative

The manufacturer’s obligations referred to in Z 5 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module B: EU model test

1.

The "EU Model Testing" is part of a conformity assessment procedure, where a notified body investigates and examines the technical design of a measuring device and cerifies that it meets the requirements of this Regulation.

2.

An EU model test can be carried out on each of the following types:

(a)

examination of a design representative for the planned production of the complete measuring device (types);

(b)

assessing the suitability of the technical design of the measuring device on the basis of an examination of the technical documentation and additional evidence referred to in Z 3 and examination of samples of one or more important parts of the device representative for the planned production (combination of construction and design patterns);

(c)

Evaluation of the adequacy of the technical design of the device based on an examination of the technical documentation and additional evidence referred to in Z 3, without examination of a design (draft pattern).

The notified body shall decide on the appropriate form and format.

3.

The application for EU model testing must be submitted by the manufacturer at a single notified body of his choice.

The application contains:

(a)

name and address of the manufacturer and, if the application is submitted by the representative, his name and address;

(b)

a written statement that the same application has not been submitted to any other notified body;

(c)

the technical documents described in § 14. Based on the technical documentation, it must be possible to assess the conformity of the device with the applicable requirements of this Regulation; they must include appropriate risk analysis and evaluation. In the technical documents, the relevant requirements must be met and the design, manufacture and operation of the product must be recorded as far as they are relevant for the evaluation.

The application contains at least the following elements:

(d)

for the production concerned. The notified body may request additional samples if necessary to implement the audit programme;

(e)

the additional evidence for an appropriate solution by the technical design. In these additional evidence, all documents have to be noted, in particular when the relevant harmonised standards and/or normative documents have not been fully applied. The additional evidence includes, where necessary, the results of tests carried out by an appropriate laboratory of the manufacturer or by another testing laboratory on his behalf and under his responsibility in accordance with other relevant technical specifications.

4.

The notified body has the following tasks:

Related to the device:

4.1.

examination of technical documentation and additional evidence to assess whether the technical design of the device is appropriate;

Related to the pattern:

4.2.

examine whether the model was manufactured in accordance with the technical documentation and determine which parts have been designed in accordance with the relevant harmonised standards and/or normative documents and which parts have been designed in accordance with other relevant technical specifications;

4.3.

carry out or initiate appropriate investigations and tests to determine whether the solutions from the relevant harmonised standards and/or normative documents have been correctly applied, provided that the manufacturer has opted for their application;

4.4.

carry out or initiate appropriate investigations and tests to determine whether the solutions chosen by the manufacturer, if it has not applied the solutions from the relevant harmonised standards and/or normative documents, have been achieved on the basis of other relevant technical specifications and meet the relevant essential requirements of this Regulation;

4.5.

Agreement with the manufacturer where the investigations and tests are carried out.

Related to the other parts of the measuring device:

4.6.

examination of technical documentation and additional evidence to assess whether the technical design of the other parts of the measuring device is appropriate.

5.

The notified body will prepare an audit report on the measures carried out under Z 4 and the results obtained. Without prejudice to its obligations to the notifying authorities, the notified body shall publish the content of this report or parts thereof only with the consent of the manufacturer.

6.

If the design complies with the requirements of this Regulation applicable to the measuring device concerned, the notified body shall issue an EU test certificate to the manufacturer. This certificate contains the name and address of the manufacturer, the results of the examination, any conditions for its validity and the information necessary for the identification of the approved design. The EU model test certificate can be accompanied by one or more annexes.

The EU model test certificate and its annexes contain all useful information on the basis of which the conformity of the measuring instruments manufactured can be assessed and, if necessary, carried out after their commissioning. In particular, in order to ensure the conformity of the products manufactured, if they are properly placed with appropriate means for the repetition of their measurement services, with a view to assessing the tested design, the following must be indicated:

the measurable characteristics of the design of the device;

the necessary measures to ensure the integrity of the device (monitoring, identification of the software, etc.);

other information necessary to identify the device and to monitor its external conformity with the type of construction;

any other specific information necessary to verify the characteristics of the equipment manufactured;

in the case of a partial device, all necessary information to ensure compatibility with other parts or measuring devices.

The EU model test certificate is valid for ten years from its date of issue and can be renewed for another ten years.

If the design does not meet the applicable requirements of this Regulation, the notified body refuses to issue an EU model test certificate and informs the applicant about it, with detailed reasons for its refusal.

7.

The notified body is constantly informed of all changes in the generally accepted state of technology; If these indicate that the approved design no longer complies with the applicable requirements of this Regulation, it decides whether such changes require further investigation. If this is the case, the notified body shall inform the manufacturer of it.

8.

The manufacturer informs the notified body which has the technical documentation relating to the EU model test certificate of all changes to the approved construction patterns which may affect its conformity with the essential requirements of this Regulation or the conditions for the validity of this certificate. Such changes require an additional authorisation in the form of a supplement to the original EU model test certificate.

9.

Each notified body shall inform its notifying authority of the EU type examination certificates and/or any additions to it which it has issued or withdrawn and, at regular intervals or upon request, send a list of all such certificates and/or additions to which it has refused, suspended or restricted to any other type.

If they demand this, the European Commission, the Member States of the European Union and the other notified bodies will receive a copy of EU model testing certificates and/or their additions. On request, the European Commission and the Member States of the European Union will receive a copy of the technical documents and the results of the tests carried out by the notified body.

The notified body retains a copy of the EU model test certificate, including annexes and additions, as well as the technical dossiers, including the documents submitted by the manufacturer, until the validity of this certificate ends.

10.

The manufacturer holds a copy of the EU model test certificate with annexes and additions together with the technical documentation after placing the device for ten years.

11.

The manufacturer’s representative may submit the application referred to in Z 3 and meet the obligations set out in the Z 8 and 10 if they are set on behalf.

Module C: Conformity with type of construction based on internal manufacturing control

1.

Conformity with the type of construction based on an internal production control is part of a conformity assessment procedure where the manufacturer meets the obligations set out in the Z 2 and 3 and declares that the measuring devices in question conform to the type of construction described in the EU model test certificate and meet the requirements of this Regulation.

2.

Production

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the manufactured measuring devices with the approved type of construction set out in the EU model test certificate and with the requirements of this Regulation applicable to them.

3.

Conformity marking and EU declaration of conformity

3.1.

The manufacturer shall bring the CE marking and the additional metrology marking required by this Regulation to each individual device that conforms to the type described in the EU model test certificate.

3.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

4.

Representative

The manufacturer’s obligations referred to in Z 3 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module C2: Conformity with type of construction based on internal manufacturing control with monitored equipment checks at regular intervals

1.

Conformity with the type of construction on the basis of an internal production control with supervised product tests is irregularly the part of a conformity assessment procedure in which the manufacturer meets the obligations set out in the Z 2, 3 and 4 and declares its own responsibility that the measuring devices in question conform to the type of construction described in the EU model test certificate and meet the requirements of this Regulation.

2.

Production

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the manufactured measuring devices with the type of construction described in the EU model test certificate and with the requirements of this Regulation applicable to them.

3.

Equipment tests

Depending on the manufacturer's decision, an accredited internal body or a notified body elected by it shall carry out, or carry out, equipment tests to verify the quality of internal equipment checks, taking into account, inter alia, the technical complexity of measuring instruments and the quantity of production. Before placing on the market, the accredited internal body or the notified body shall take an appropriate sample of the measuring devices for the end-user and investigate them; It shall also carry out appropriate tests in accordance with the relevant sections of the harmonised standards and/or the normative documents and/or equivalent tests in accordance with other relevant technical specifications to verify the conformity of the device with the type of construction described in the EU model test certificate and with the relevant requirements of this Regulation.

If the sample does not meet an acceptable quality level, the accredited internal body or the notified body shall take the necessary measures.

This sampling method will determine whether the manufacturing process of the device moves within acceptable limits to ensure the conformity of the device.

If a notified body carries out the tests, the manufacturer, under the responsibility of the notified body during the manufacturing process, shall take its identification number.

4.

Conformity marking and EU declaration of conformity

4.1.

The manufacturer will bring the CE marking and the additional metrology marking to each measuring device that conforms to the type described in the EU Model Testing Certificate and meets the applicable requirements of this Regulation.

4.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

5.

Representative

The manufacturer’s obligations referred to in Z 4 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module D: Conformity with type of construction based on quality assurance in relation to the production process

1.

Conformity with the type of construction on the basis of quality assurance in relation to the production process is part of a conformity assessment procedure where the manufacturer meets the obligations set out in the Z 2 and 5 and declares its own responsibility that the measuring devices concerned conform to the type of construction described in the EU model test certificate and meet the requirements of this Regulation.

2.

Production

The manufacturer operates a quality assurance system for the manufacture, final withdrawal and testing of the relevant measuring devices in accordance with Z 3 and is subject to monitoring according to Z 4.

3.

Quality assurance system

3.1.

The manufacturer applies to assessing its quality assurance system for the measuring devices concerned at a notified body of his choice.

The application contains:

(a)

name and address of the manufacturer and, if the application is submitted by the representative, his name and address;

(b)

a written statement that the same application has not been submitted to any other notified body;

(c)

all relevant information about the intended equipment category;

(d)

the documentation on the quality assurance system;

(e)

the technical documentation on the approved design and a copy of the EU model test certificate.

3.2.

The quality assurance system ensures that the measuring devices conform to the type described in the EU model test certificate and with the requirements of this Regulation applicable to them.

All elements, requirements and regulations taken into account by the manufacturer are systematically and properly assembled in the form of written principles, procedures and instructions. These documents on the quality assurance system must allow a uniform interpretation of quality assurance programmes, plans, manuals and reports.

In particular, they contain an appropriate description of the following points:

(a)

quality objectives and organisational structure, responsibilities and powers of management in relation to product quality;

(b)

appropriate manufacturing, quality control and quality assurance techniques, applied procedures and planned systematic measures;

(c)

before, during and after production, investigations and tests, indicating their frequency;

(d)

quality-related records such as test reports, test and calibration data as well as reports on the qualification of employees in this area;

(e)

The means to monitor the achievement of required product quality and the effective functioning of the quality assurance system.

3.3.

The notified body assesses the quality assurance system to determine whether it meets the requirements set out in Z 3.2.

Each component of the quality assurance system, which meets the corresponding specifications of the relevant harmonised standard, is subject to compliance with these requirements.

In addition to the experience of quality management systems, at least one member of the audit team has experience in assessing the relevant area of equipment and the relevant device technology as well as knowledge of the applicable requirements of this Regulation. The audit also includes a monitoring visit to the premises of the manufacturer.

The audit team checks the technical documents referred to in Z 3.1 (e) to ensure that the manufacturer is able to identify the relevant requirements of this Regulation and to carry out the necessary tests to ensure compliance with these requirements.

The decision will be notified to the manufacturer. The communication must contain the conclusions of the audit and the reasons for the assessment decision.

3.4.

The manufacturer undertakes to meet the obligations of the approved quality assurance system and to ensure that it is always properly and efficiently kept.

3.5.

The manufacturer informs the notified body which has approved the quality assurance system of all planned changes to the quality assurance system.

The notified body assesses any proposed changes and decides whether the modified quality assurance system still meets the requirements set out in Z 3.2 or whether a new evaluation is necessary.

You have announced their decision to the manufacturer. The communication must contain the conclusion of the examination and the justification of the evaluation decision.

4.

Monitoring under the responsibility of the notified body

4.1.

Monitoring should ensure that the manufacturer complies with the obligations of the approved quality assurance system.

4.2.

The manufacturer grants the notified body access to the production, purchase, testing and storage facilities and makes all necessary documentation available, in particular:

(a)

the documentation on the quality assurance system;

(b)

quality-related records such as test reports, test and calibration data, as well as reports on the qualification of employees in this area.

4.3.

The notified body regularly carries out audits to ensure that the manufacturer maintains and applies the quality assurance system, and submits an audit report to it.

4.4.

In addition, the notified body may carry out unannounced visits to the manufacturer. During these visits, the notified body may, if necessary, carry out or carry out equipment tests to ensure the proper functioning of the quality assurance system. The notified body reports to the manufacturer a report on the visit and a review report in case of an examination.

5.

Conformity marking and EU declaration of conformity

5.1.

The manufacturer shall bring the CE marking, the additional metrology marking, in accordance with this Regulation and under the responsibility of the body notified in Z 3.1, to each measuring device that conforms to the type described in the EU Model Testing Certificate and meets the applicable requirements of this Regulation.

5.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

6.

The manufacturer will provide the following documents for a period of ten years from placing the device on the market for the national authorities:

(a)

the documents in accordance with Z 3.1;

(b)

the information concerning the change in accordance with Z 3.5 in its approved form;

(c)

the decisions and reports of the notified body in accordance with the C 3.5, 4.3 and 4.4.

7.

Each notified body shall inform its notifying authority of the authorisations of quality assurance systems that it has issued or withdrawn, and shall, at regular intervals or upon request, transmit to its notifying authority a list of all licences of quality assurance systems that it has refused, suspended or restricted to other types.

8.

Representative

The obligations of the manufacturer referred to in Z 3.1, 3.5, 5 and 6 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module D1: Quality assurance related to the production process

1.

Quality assurance relating to the production process is the conformity assessment procedure in which the manufacturer meets the obligations set out in the Z 2, 4 and 7 and declares its own responsibility that the measuring devices concerned meet the requirements of this Regulation.

2.

Technical documents

The manufacturer produces the technical documents described in Section 14. Based on these documents, it must be possible to assess the conformity of the device with the relevant requirements; they must include appropriate risk analysis and evaluation. The technical documentation must specify the applicable requirements and collect the design, manufacture and operation of the device as far as they are relevant for the evaluation.

3.

The manufacturer maintains the technical documentation for the national authorities for ten years after placing the device on the market.

4.

Production

The manufacturer operates an approved quality assurance system for the manufacture, finalisation and testing of the measuring devices concerned, in accordance with Z 5 and is subject to monitoring according to Z 6.

5.

Quality assurance system

5.1.

The manufacturer applies to assessing its quality assurance system for the measuring devices concerned at a notified body of his choice.

The application contains:

(a)

name and address of the manufacturer and, if the application is submitted by the representative, his name and address;

(b)

a written statement that the same application has not been submitted to any other notified body;

(c)

all relevant information about the intended equipment category;

(d)

the documentation on the quality assurance system;

(e)

the technical documents referred to in C 2.

5.2.

The quality assurance system ensures that the measuring instruments comply with the requirements of this Regulation.

All elements, requirements and regulations taken into account by the manufacturer are systematically and properly assembled in the form of written principles, procedures and instructions. These documents on the quality assurance system must allow a uniform interpretation of quality assurance programmes, plans, manuals and reports.

In particular, they contain an appropriate description of the following points:

(a)

quality objectives and organisational structure, responsibilities and powers of management in relation to product quality;

(b)

appropriate manufacturing, quality control and quality assurance techniques, applied procedures and planned systematic measures;

(c)

before, during and after production, investigations and tests, indicating their frequency;

(d)

quality records such as test reports, test and calibration data, as well as reports on the qualification of staff employed in this area;

(e)

The means to monitor the achievement of the intended product quality and the effective functioning of the quality assurance system.

5.3.

The notified body assesses the quality assurance system to determine whether it meets the requirements set out in Z 5.2.

Each component of the quality assurance system, which meets the corresponding specifications of the relevant harmonised standard, is subject to compliance with these requirements.

In addition to the experience of quality assurance systems, at least one member of the audit team has experience with the evaluation of the relevant equipment sector and the relevant device technology as well as knowledge of the applicable requirements of this Regulation. The audit also includes a monitoring visit to the premises of the manufacturer.

The audit team checks the technical documents referred to in Z 2 to ensure that the manufacturer is able to identify the relevant requirements of the Regulation and to carry out the necessary tests to ensure that the device complies with these requirements.

The decision will be notified to the manufacturer. The communication must contain the conclusions of the audit and the reasons for the assessment decision.

5.4.

The manufacturer undertakes to meet the obligations of the approved quality assurance system and to ensure that it is always properly and efficiently kept.

5.5.

The manufacturer informs the notified body which has approved the quality assurance system of all planned changes to the quality assurance system.

The notified body assesses the proposed changes and decides whether the modified quality assurance system still meets the requirements set out in Z 5.2 or whether a new evaluation is necessary.

You have announced their decision to the manufacturer. The communication must contain the conclusion of the examination and the justification of the evaluation decision.

6.

Monitoring under the responsibility of the notified body

6.1.

Monitoring should ensure that the manufacturer complies with the obligations of the approved quality assurance system.

6.2.

The manufacturer grants the notified body access to the production, purchase, testing and storage facilities and makes all necessary documentation available, in particular:

(a)

the documentation on the quality assurance system;

(b)

the technical documents in accordance with Z 2;

(c)

quality-related records such as test reports, test and calibration data, as well as reports on the qualification of employees in this area.

6.3.

The notified body regularly carries out audits to ensure that the manufacturer maintains and applies the quality assurance system, and submits an audit report to it.

6.4.

In addition, the notified body may carry out unannounced visits to the manufacturer. During these visits, the notified body may, if necessary, carry out or carry out equipment tests to ensure the proper functioning of the quality assurance system. The notified body reports to the manufacturer a report on the visit and a review report in case of an examination.

7.

Conformity marking and EU declaration of conformity

7.1.

The manufacturer shall bring the CE marking, the additional metrology marking in accordance with this Regulation and under the responsibility of the body notified in Z 5.1.

7.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

8.

The manufacturer will provide the following documents for a period of ten years from placing the device on the market for the national authorities:

(a)

the documents in accordance with Z 5.1;

(b)

the information concerning the change in accordance with Z 5.5 in its approved form;

(c)

the decisions and reports of the notified body in accordance with the CC 5.5, 6.3 and 6.4.

9.

Each notified body shall inform its notifying authority of the authorisations of quality assurance systems that it has issued or withdrawn, and shall, at regular intervals or upon request, transmit to its notifying authority a list of all licences of quality assurance systems that it has refused, suspended or restricted to other types.

10.

Representative

The obligations of the manufacturer referred to in Z 3, 5.1, 5.5, 7 and 8 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module E: Conformity with type of construction on the basis of quality assurance on the device

1.

Conformity with the type of construction on the basis of quality assurance relating to the device is part of a conformity assessment procedure where the manufacturer meets the obligations set out in the Z 2 and 5 and declares its own responsibility that the measuring devices in question conform to the type of construction described in the EU model test certificate and meet the requirements of this Regulation.

2.

Production

The manufacturer operates an approved quality assurance system for the final withdrawal and testing of the measuring devices concerned in accordance with Z 3 and is subject to monitoring according to Z 4.

3.

Quality assurance system

3.1.

The manufacturer applies to assessing its quality assurance system for the measuring devices concerned at a notified body of his choice.

The application contains:

(a)

name and address of the manufacturer and, if the application is submitted by the representative, his name and address;

(b)

a written statement that the same application has not been submitted to any other notified body;

(c)

all relevant information about the intended equipment category;

(d)

the documentation on the quality assurance system;

(e)

the technical documentation on the approved design and a copy of the EU model test certificate.

3.2.

The quality assurance system ensures that the measuring devices conform to the type described in the EU model test certificate and the requirements of this Regulation applicable to them.

All elements, requirements and regulations taken into account by the manufacturer are systematically and properly assembled in the form of written principles, procedures and instructions. These documents on the quality assurance system must allow a uniform interpretation of quality assurance programmes, plans, manuals and reports.

In particular, they contain an appropriate description of the following points:

(a)

quality objectives and organisational structure, responsibilities and powers of management in relation to product quality;

(b)

investigations and tests carried out after manufacture;

(c)

quality records such as test reports, test and calibration data, as well as reports on the qualification of staff employed in this area;

(d)

means to monitor the effective functioning of the quality assurance system.

3.3.

The notified body assesses the quality assurance system to determine whether it meets the requirements set out in Z 3.2.

Each component of the quality assurance system, which meets the corresponding specifications of the relevant harmonised standard, is subject to compliance with these requirements.

In addition to the experience of quality management systems, at least one member of the audit team has experience in assessing the relevant area of equipment and the relevant device technology as well as knowledge of the applicable requirements of this Regulation. The audit also includes a monitoring visit to the premises of the manufacturer.

The audit team checks the technical documents referred to in Z 3.1 (e) to ensure that the manufacturer is able to identify the relevant requirements of this Regulation and to carry out the necessary tests to ensure compliance with these requirements.

The decision will be notified to the manufacturer. The Communication contains the conclusion of the audit and the justification of the evaluation decision.

3.4.

The manufacturer undertakes to meet the obligations of the approved quality assurance system and to ensure that it is always properly and efficiently kept.

3.5.

The manufacturer informs the notified body which has approved the quality assurance system of all planned changes to the quality assurance system.

The notified body assesses all planned changes and decides whether the modified quality assurance system is still in line with the requirements set out in Z 3.2 or whether a new assessment is necessary.

You have announced their decision to the manufacturer. The communication must contain the conclusion of the examination and the justification of the evaluation decision.

4.

Monitoring under the responsibility of the notified body

4.1.

Monitoring should ensure that the manufacturer complies with the obligations of the approved quality assurance system.

4.2.

The manufacturer grants the notified body access to the production, purchase, testing and storage facilities and makes all necessary documentation available, in particular:

(a)

the documentation on the quality assurance system;

(b)

quality-related records such as test reports, test and calibration data, as well as reports on the qualification of employees in this area.

4.3.

The notified body regularly carries out audits to ensure that the manufacturer maintains and applies the quality assurance system, and submits an audit report to it.

4.4.

In addition, the notified body may carry out unannounced visits to the manufacturer. During these visits, the notified body may, if necessary, carry out or carry out equipment tests to ensure the proper functioning of the quality assurance system. The notified body reports to the manufacturer a report on the visit and a review report in case of an examination.

5.

Conformity marking and EU declaration of conformity

5.1.

The manufacturer shall bring the CE marking, the additional metrology marking required by this Regulation and under the responsibility of the body notified in Z 3.1, to each individual device that conforms to the type of construction described in the EU Model Testing Certificate and meets the applicable requirements of this Regulation.

5.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

6.

The manufacturer will provide the following documents for a period of ten years from placing the device on the market for the national authorities:

(a)

the documents in accordance with Z 3.1;

(b)

the information concerning the change in accordance with Z 3.5 in its approved form;

(c)

the decisions and reports of the notified body in accordance with the C 3.5, 4.3 and 4.4.

7.

Each notified body shall inform its notifying authority of the authorisations of quality assurance systems that it has issued or withdrawn, and shall, at regular intervals or upon request, transmit to its notifying authority a list of all licences of quality assurance systems that it has refused, suspended or restricted to other types.

8.

Representative

The obligations of the manufacturer referred to in Z 3.1, 3.5, 5 and 6 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module E1: Quality assurance of end-use and testing of equipment

1.

The quality assurance of the withdrawal and testing of the equipment is the conformity assessment procedure in which the manufacturer meets the obligations set out in the Z 2, 4 and 7 and declares its own responsibility that the measuring devices concerned meet the requirements of this Regulation.

2.

Technical documents

The manufacturer produces the technical documents described in Section 14. Based on these documents, it must be possible to assess the conformity of the device with the relevant requirements; they must include appropriate risk analysis and evaluation. The technical documentation must specify the applicable requirements and collect the design, manufacture and operation of the device as far as they are relevant for the evaluation.

3.

The manufacturer must keep the technical documentation available for the competent national authorities for ten years after placing the device on the market.

4.

Production

The manufacturer maintains an approved quality assurance system for the final withdrawal and testing of the relevant measuring devices in accordance with Z 5 and is subject to monitoring according to Z 6.

5.

Quality assurance system

5.1.

The manufacturer applies to assessing its quality assurance system for the measuring devices concerned at a notified body of his choice.

The application contains:

(a)

name and address of the manufacturer and, if the application is submitted by the representative, his name and address;

(b)

a written statement that the same application has not been submitted to any other notified body;

(c)

all relevant information about the intended equipment category;

(d)

the documentation on the quality assurance system;

(e)

the technical documents referred to in C 2.

5.2.

The quality assurance system ensures that the measuring instruments comply with the requirements of this Regulation.

All elements, requirements and regulations taken into account by the manufacturer are systematically and properly assembled in the form of written principles, procedures and instructions. These documents on the quality assurance system must allow a uniform interpretation of quality assurance programmes, plans, manuals and reports.

In particular, they contain an appropriate description of the following points:

(a)

quality objectives and organisational structure, responsibilities and powers of management in relation to product quality;

(b)

investigations and tests carried out after manufacture;

(c)

quality-related records such as test reports, test and calibration data as well as reports on the qualification of employees in this area;

(d)

means to monitor the effective functioning of the quality assurance system.

5.3.

The notified body assesses the quality assurance system to determine whether it meets the requirements set out in Z 5.2.

Each component of the quality assurance system, which meets the corresponding specifications of the relevant harmonised standard, is subject to compliance with these requirements.

In addition to the experience of quality management systems, at least one member of the audit team has experience in assessing the relevant area of equipment and the relevant device technology as well as knowledge of the applicable requirements of this Regulation. The audit also includes a monitoring visit to the premises of the manufacturer.

The audit team checks the technical documents referred to in Z 2 to ensure that the manufacturer is able to identify the relevant requirements of the Regulation and to carry out the necessary tests to ensure that the device complies with these requirements. The decision will be notified to the manufacturer. The communication must contain the conclusions of the audit and the reasons for the assessment decision.

5.4.

The manufacturer undertakes to meet the obligations of the approved quality assurance system and to ensure that it is always properly and efficiently kept.

5.5.

The manufacturer informs the notified body which has approved the quality assurance system of all planned changes to the quality assurance system.

The notified body assesses all planned changes and decides whether the modified quality assurance system is still in line with the requirements set out in Z 5.2 or whether a new evaluation is necessary. You have announced their decision to the manufacturer. The communication must contain the conclusion of the examination and the justification of the evaluation decision.

6.

Monitoring under the responsibility of the notified body

6.1.

Monitoring should ensure that the manufacturer complies with the obligations of the approved quality assurance system.

6.2.

The manufacturer grants the notified body access to the production, purchase, testing and storage facilities and makes all necessary documentation available, in particular:

(a)

the documentation on the quality assurance system;

(b)

the technical documents in accordance with Z 2;

(c)

quality-related records such as test reports, test and calibration data, as well as reports on the qualification of employees in this area.

6.3.

The notified body regularly carries out audits to ensure that the manufacturer maintains and applies the quality assurance system, and submits an audit report to it.

6.4.

In addition, the notified body may carry out unannounced visits to the manufacturer. During these visits, the notified body may, if necessary, carry out or carry out equipment tests to ensure the proper functioning of the quality assurance system. The notified body reports to the manufacturer a report on the visit and a review report in case of an examination.

7.

Conformity marking and EU declaration of conformity

7.1.

The manufacturer shall bring the CE marking, the additional metrology marking, in accordance with this Regulation and under the responsibility of the body notified in Z 5.1, to each measuring device that meets the relevant requirements of this Regulation.

7.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request. A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

8.

The manufacturer will provide the following documents for a period of ten years from placing the device on the market for the national authorities:

(a)

the documents in accordance with Z 5.1,

(b)

the information concerning the change in accordance with Z 5.5 in its approved form;

(c)

the decisions and reports of the notified body in accordance with the CC 5.5, 6.3 and 6.4.

9.

Each notified body shall inform its notifying authority of the authorisations of quality assurance systems that it has issued or withdrawn, and shall, at regular intervals or upon request, transmit to its notifying authority a list of all licences of quality assurance systems that it has refused, suspended or restricted to other types.

10.

Representative

The obligations of the manufacturer referred to in Z 3, 5.1, 5.5, 7 and 8 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module F: Conformity with type of construction based on a product test

1.

Conformity with the type of construction based on an examination of the products is part of a conformity assessment procedure where the manufacturer meets the obligations set out in the Z 2, 5.1 and 6 and declares on its own responsibility that the measuring devices subject to the provisions of Z 3 conform to the type described in the EU model test certificate and meet the requirements of this Regulation.

2.

Production

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the manufactured measuring devices with the approved type of construction set out in the EU model test certificate and with the requirements of this Regulation applicable to them.

3.

Review

A notified body, chosen by the manufacturer, carries out or perform the appropriate tests and tests to verify the conformity of the devices with the type of construction described in the EU model test certificate and the applicable requirements of this Regulation. The tests and tests to control the conformity of the measuring instruments with the relevant requirements will be carried out either by checking and testing each device according to Z 4 or by means of a statistical examination and testing of the measuring devices in accordance with the T5.

4.

Verification of conformity by testing and testing every device

4.1.

All measuring instruments are individually investigated and appropriate tests are carried out in accordance with the relevant harmonised standard/en and/or the normative documents and/or equivalent tests in accordance with other relevant technical specifications to verify their conformity with the approved type of construction as described in the EU model test certificate and the applicable requirements of this Regulation. In the absence of a harmonised standard or a normative document, the notified body will decide which tests will be carried out.

4.2.

The notified body shall issue a certificate of conformity on the basis of these investigations and tests and, on each approved device, add its identification number to or transfer it under its responsibility. After placing the device on the market for ten years, the manufacturer is ready to accept the certificates of conformity.

5.

Review of conformity with statistical means

5.1.

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensures the uniformity of all produced lots and submits its measuring instruments to be reviewed in uniform lots.

5.2.

Each lot will be sampled according to Z 5.3. Each measuring device from a sample must be individually inspected and appropriate tests must be carried out in accordance with the relevant harmonised standard/en, and/or the normative document/documents and/or equivalent tests in accordance with other relevant technical specifications to ensure compliance with the type of construction described in the EU model test certificate and with the applicable requirements of this Regulation and to determine whether or not the batch is accepted. In the absence of such a harmonised standard or such a normative document, the notified body will decide on which tests will be carried out.

5.3.

The statistical procedure must take into account the following points:

The statistical control is based on functional features. The sampling plan must ensure:

(a)

a normal quality level according to a 95% probability and a non-conformity rate of less than 1%;

(b)

a quality limit level according to a probability of 5% and a non-conformity rate of less than 7%.

5.4.

If a lot is accepted, all measuring instruments of the Loses are considered to be approved, except the sample of depleted measuring devices with negative test results.

The notified body shall issue a certificate of conformity on the basis of these investigations and tests and, on each approved device, add its identification number to or transfer it under its responsibility. The manufacturer maintains conformity certificates for the national authorities for ten years after placing the device on the market.

5.5.

If a lot is rejected, the notified body shall take appropriate measures to prevent the lot being placed on the market. In case of frequent rejection of Losen, the notified body may suspend statistical control and take appropriate measures.

6.

Conformity marking and EU declaration of conformity

6.1.

The manufacturer shall bring the CE marking and the additional metrology marking required by this Regulation and, under the responsibility of the body notified in Z 3, the relevant specifications of this Regulation, the CE marking and the additional metrology marking required by this Regulation and, under the responsibility of the body notified in Z 3.

6.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request. A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment. If the notified body, referred to in Z 3, the manufacturer may, under the responsibility of this notified body, add the number of the notified body to the products.

7.

If the notified body votes, the manufacturer may, under the responsibility of this notified body, add the number of the notified body to the products during the manufacturing process.

8.

Representative

The obligations of the manufacturer can be fulfilled by his representative on his behalf and under his responsibility if they are set on behalf. A representative cannot meet the obligations of the manufacturer set out in the Z 2 and 5.1.

MODUL F1: Conformity based on testing of products

1.

Conformity on the basis of an examination of the products is the part of a conformity assessment procedure where the manufacturer meets the obligations set out in the Z 2, 3, 6.1 and 7 and declares, on its own responsibility, that the measuring devices subject to the provisions of C 4 satisfy the requirements of this Regulation.

2.

Technical documents

The manufacturer produces the technical documents described in Section 14. Based on these documents, it must be possible to assess the conformity of the device with the relevant requirements; they must include appropriate risk analysis and evaluation. The technical documentation must specify the applicable requirements and collect the design, manufacture and operation of the device as far as they are relevant for the evaluation.

The manufacturer must keep the technical documentation available for the competent national authorities for ten years after placing the device on the market.

3.

Production

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the measuring devices manufactured with the applicable requirements of this Regulation.

4.

Review

A notified body, chosen by the manufacturer, carries out the relevant tests and tests or performs them to verify the conformity of the measuring instruments with the applicable requirements of this Regulation. The tests and tests to monitor compliance with the requirements will be carried out either by checking and testing each device according to Z 5 or by a statistical examination and testing of the measuring devices in accordance with Z 6.

5.

Verification of conformity by testing and testing every device

5.1.

All measuring instruments must be individually investigated and appropriate tests must be carried out in accordance with the relevant harmonised standards and/or normative documents, and/or equivalent tests according to other relevant technical specifications to ensure their conformity with the requirements applicable to them. In the absence of such a harmonised standard or such a normative document, the notified body will decide on which tests will be carried out.

5.2.

The notified body shall issue a certificate of conformity on the basis of these investigations and tests and, on each approved device, add its identification number to or transfer it under its responsibility. The manufacturer maintains conformity certificates for the national authorities for ten years after placing the device on the market.

6.

Review of conformity with statistical means

6.1.

The manufacturer shall take all necessary measures to ensure that the manufacturing process ensures the uniformity of all produced lots and submits its measuring devices in uniform lots for verification.

6.2.

Each lot will be sampled according to Z 6.4.

6.3.

Each measuring device from a sample must be individually inspected and appropriate tests must be carried out in accordance with the relevant harmonised standards and/or normative documents and/or equivalent tests in accordance with other relevant technical specifications to ensure compliance with the applicable requirements of this Regulation and to determine whether the batch is accepted or rejected. In the absence of such a harmonised standard or such a normative document, the notified body will decide on which tests will be carried out.

6.4.

The statistical procedure must take into account the following points:

The statistical control is based on functional features. The sampling plan must ensure:

(a)

a normal quality level according to a 95% probability and a non-conformity rate of less than 1%;

(b)

a quality limit level according to a probability of 5% and a non-conformity rate of less than 7%.

6.5.

If a lot is accepted, all measuring instruments of the Loses are considered to be approved, except the sample of depleted measuring devices with negative test results.

The notified body shall issue a certificate of conformity on the basis of these investigations and tests and, on each approved device, add its identification number to or transfer it under its responsibility.

The manufacturer will be ready for national authorities for ten years after placing the device on the market.

If a lot is rejected, the notified body shall take appropriate measures to prevent the lot being placed on the market. In case of frequent rejection of Losen, the notified body may suspend statistical control and take appropriate measures.

7.

Conformity marking and EU declaration of conformity

7.1.

The manufacturer shall bring the CE marking and the additional metrology marking required by this Regulation to each measuring device corresponding to the applicable requirements of this Regulation and, under the responsibility of the body notified in Z 4, its identification number.

7.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single and the same user, this requirement can be interpreted in such a way that it does not apply to individual measuring devices, but for a batch or a consignment.

If the notified body, referred to in Z 5, the manufacturer may, under the responsibility of this notified body, add the number of the notified body to the products.

8.

If the notified body votes, the manufacturer may, under the responsibility of this notified body, add the number of the notified body to the equipment during the manufacturing process.

9.

Representative

The obligations of the manufacturer can be fulfilled by his representative on his behalf and under his responsibility if they are set on behalf. A representative must not meet the manufacturer's obligations set out in Z 2 first paragraph, Z 3 and Z 6.1.

Module G: Conformity based on a single test

1.

Conformity based on a single test is the conformity assessment procedure by which the manufacturer meets the obligations set out in the Z 2, 3 and 5 and declares, on its own responsibility, that the measuring device subject to the provisions laid down in C 4 meets the requirements of this Regulation.

2.

Technical documents

The manufacturer produces the technical documents described in § 14 and makes them available to the notified body in Z 4. Based on these documents, it must be possible to assess the conformity of the device with the relevant requirements; they must include appropriate risk analysis and evaluation. The technical documentation must specify the applicable requirements and collect the design, manufacture and operation of the device as far as they are relevant for the evaluation. The manufacturer will provide the technical documentation for the competent national authorities for ten years after placing the device on the market.

3.

Production

The manufacturer takes all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the products manufactured with the applicable requirements of this Regulation.

4.

Review

A notified body, chosen by the manufacturer, carries out or perform the relevant tests and tests in accordance with the relevant harmonised standards and/or normative documents or equivalent tests in accordance with other relevant technical specifications to verify the conformity of the device with the applicable requirements of this Regulation. In the absence of such a harmonised standard or such a normative document, the notified body will decide on which tests will be carried out.

The notified body shall issue a certificate of conformity on the basis of these investigations and tests and, on each approved device, add its identification number to or transfer it under its responsibility.

The manufacturer will be ready for national authorities for ten years after placing the device on the market.

5.

Conformity marking and EU declaration of conformity

5.1.

The manufacturer shall bring the CE marking and the additional metrology marking required by the regulation and under the responsibility of the body notified in Z 4 of the above mentioned above.

5.2.

The manufacturer makes a written EU declaration of conformity and maintains it for the national authorities for ten years after placing the device on the market. The Declaration of Conformity must indicate which device it has been issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to the measuring device.

6.

Representative

The obligations of the manufacturer referred to in the Z 2 and 5 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module H: Conformity based on comprehensive quality assurance

1.

Conformity based on a comprehensive quality assurance is the conformity assessment procedure with which the manufacturer meets the obligations set out in the Z 2 and 5 and declares its own responsibility that the measuring devices concerned meet the requirements of this Regulation.

2.

Production

The manufacturer operates an approved quality assurance system for development, manufacture, final withdrawal and testing of the measuring devices concerned by Z 3; it is subject to monitoring according to Z 4.

3.

Quality assurance system

3.1.

The manufacturer applies to assessing its quality assurance system for the measuring devices concerned at a notified body of his choice.

The application contains:

(a)

name and address of the manufacturer and, if the application is submitted by the representative, his name and address;

(b)

the technical documents described in § 14 for each type of measuring instrument to be produced, using these documents, it must be possible to assess the conformity of the device with the relevant requirements; they must include appropriate risk analysis and evaluation. The technical documentation must specify the applicable requirements and collect the design, manufacture and operation of the device as far as they are relevant for the evaluation.

(c)

the documentation on the quality system; and

(d)

a written statement that the same application has not been submitted to any other notified body.

3.2.

The quality assurance system ensures that the measuring instruments comply with the requirements of this Regulation.

All elements, requirements and regulations taken into account by the manufacturer are systematically and properly assembled in the form of written principles, procedures and instructions. These documents on the quality assurance system must allow a uniform interpretation of quality assurance programmes, plans, manuals and reports.

In particular, they contain an appropriate description of the following points:

(a)

quality objectives as well as organisational structure, responsibilities and powers of management with regard to the quality of design and equipment;

(b)

technical design specifications, including the standards to be applied, and - if the relevant harmonised standards and/or normative documents are not fully applied - the means to ensure that the essential requirements of this Regulation applicable to the measuring instruments are met using other relevant technical specifications;

(c)

techniques to control the development and examination of the development results, procedures and systematic measures used in the development of the measuring devices belonging to the category concerned;

(d)

appropriate manufacturing, quality control and quality assurance techniques, applied procedures and planned systematic measures;

(e)

before, during and after production, investigations and tests, indicating their frequency;

(f)

quality records such as test reports, test and calibration data, as well as reports on the qualification of staff employed in this area;

(g)

means to monitor the achievement of the required quality of the design and device and the effective functioning of the quality assurance system.

3.3.

The notified body assesses the quality assurance system to determine whether it meets the requirements set out in Z 3.2.

Each component of the quality assurance system, which meets the corresponding specifications of the relevant harmonised standard, is subject to compliance with these requirements.

In addition to the experience of quality management systems, at least one member of the audit team has experience in assessing the relevant area of equipment and the relevant device technology as well as knowledge of the applicable requirements of this Regulation. The audit also includes a monitoring visit to the premises of the manufacturer.

The audit team checks the technical documents referred to in Z 3.1 b to ensure that the manufacturer is able to identify the relevant requirements of this Regulation and to carry out the necessary tests to ensure compliance with these requirements.

The manufacturer or his representative will be informed of the decision. The communication must contain the conclusions of the audit and the reasons for the assessment decision.

3.4.

The manufacturer undertakes to meet the obligations of the approved quality assurance system and to ensure that it is always properly and efficiently kept.

3.5.

The manufacturer informs the notified body which has approved the quality assurance system of all planned changes to the quality assurance system.

The notified body assesses all planned changes and decides whether the modified quality assurance system is still in line with the requirements set out in Z 3.2 or whether a new assessment is necessary.

You have announced their decision to the manufacturer. The communication must contain the conclusion of the examination and the justification of the evaluation decision.

4.

Monitoring under the responsibility of the notified body

4.1.

Monitoring should ensure that the manufacturer complies with the obligations of the approved quality assurance system.

4.2.

The manufacturer grants the notified body access to the development, production, purchase, testing and storage facilities and makes all necessary documentation available, in particular:

(a)

the documentation on the quality assurance system;

(b)

the quality-related records provided for in the development-related part of the quality assurance system, such as results of analyses, calculations, tests;

(c)

the quality-related records provided for in the production-related part of the quality assurance system, such as test reports, test and calibration data, as well as reports on the qualification of employees employed in this area.

4.3.

The notified body regularly carries out audits to ensure that the manufacturer maintains and applies the quality assurance system and sends a corresponding audit report.

4.4.

In addition, the notified body may carry out unannounced visits to the manufacturer. During these visits, the notified body may, if necessary, carry out tests on devices to ensure the proper functioning of the quality assurance system. The notified body reports to the manufacturer a report on the visit and a review report in case of an examination.

5.

Conformity marking and EU declaration of conformity

5.1.

The manufacturer shall bring the CE marking, the additional metrology marking in accordance with this Regulation and under the responsibility of the body notified in Z 3.1.

5.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. From the EU declaration of conformity, it must be borne out of which device model it was issued.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

6.

The manufacturer will provide the following documents for a period of ten years from placing the device on the market for the national authorities:

(a)

the technical documents referred to in Z 3.1;

(b)

the documentation on the quality assurance system in accordance with Z 3.1;

(c)

the information concerning the change in accordance with Z 3.5 in its approved form;

(d)

the decisions and reports of the notified body in accordance with the C 3.5, 4.3 and 4.4.

7.

Each notified body shall inform its notifying authority of the authorisations of quality assurance systems that it has issued or withdrawn, and shall, at regular intervals or upon request, transmit to its notifying authority a list of all licences of quality assurance systems that it has refused, suspended or restricted to other types.

8.

Representative

The obligations of the manufacturer referred to in Z 3.1, 3.5, 5 and 6 may be fulfilled by his representative on his behalf and under his responsibility if they are determined on behalf.

Module H1: Conformity based on comprehensive quality assurance with design test

1.

Conformity based on a comprehensive quality assurance with design testing is the conformity assessment procedure in which the manufacturer meets the obligations set out in the Z 2 and 6 and declares its own responsibility that the measuring devices concerned meet the requirements of the Regulation.

2.

Production

The manufacturer operates an approved quality assurance system for development, manufacture, final withdrawal and testing of the measuring device in question by Z 3; it is subject to monitoring by Z 5. The suitability of the technical design of the measuring instruments must have been examined in accordance with Z 4.

3.

Quality assurance system

3.1.

The manufacturer applies to assessing its quality assurance system for the measuring devices concerned at a notified body of his choice.

The application contains:

(a)

name and address of the manufacturer and, if the application is submitted by the representative, his name and address;

(b)

all relevant information about the intended equipment category;

(c)

the documentation on the quality assurance system;

(d)

a written statement that the same application has not been submitted to any other notified body.

3.2.

The quality assurance system ensures that the measuring instruments comply with the requirements of this Regulation.

All elements, requirements and regulations taken into account by the manufacturer are systematically and properly assembled in the form of written principles, procedures and instructions. These documents on the quality assurance system must allow a uniform interpretation of quality assurance programmes, plans, manuals and reports.

In particular, they contain an appropriate description of the following points:

(a)

quality objectives as well as organisational structure, responsibilities and powers of management with regard to the quality of design and equipment;

(b)

technical design specifications, including the standards to be applied, and - if the relevant harmonised standards and/or normative documents are not fully applied - the means to ensure that the essential requirements of this Regulation applicable to the measuring instruments are met using other relevant technical specifications;

(c)

techniques to control the development and examination of the development results, procedures and systematic measures used in the development of the measuring devices belonging to the category concerned;

(d)

appropriate manufacturing, quality control and quality assurance techniques, applied procedures and planned systematic measures;

(e)

before, during and after production, investigations and tests, indicating their frequency;

(f)

quality records such as test reports, test and calibration data, as well as reports on the qualification of staff employed in this area;

(g)

means to monitor the achievement of the required quality of the design and device and the effective functioning of the quality assurance system.

3.3.

The notified body assesses the quality assurance system to determine whether it meets the requirements set out in Z 3.2. Each component of the quality assurance system, which meets the corresponding specifications of the relevant harmonised standard, is subject to compliance with these requirements.

In addition to the experience of quality assurance systems, at least one member of the audit team has experience with the evaluation of the relevant equipment sector and the relevant device technology as well as knowledge of the applicable requirements of this Regulation. The audit also includes a monitoring visit to the premises of the manufacturer.

The manufacturer or his representative will be informed of the decision. The communication must contain the conclusions of the audit and the reasons for the assessment decision.

3.4.

The manufacturer undertakes to meet the obligations of the approved quality assurance system and to ensure that it is always properly and efficiently kept.

3.5.

The manufacturer informs the notified body which has approved the quality assurance system of all planned changes to the quality assurance system.

The notified body assesses all planned changes and decides whether the modified quality assurance system is still in line with the requirements set out in Z 3.2 or whether a new assessment is necessary.

You have announced their decision to the manufacturer or his representative. The communication must contain the conclusion of the examination and the justification of the evaluation decision.

3.6.

Each notified body shall inform its notifying authority of the authorisations of quality assurance systems that it has issued or withdrawn, and shall, at regular intervals or upon request, transmit to its notifying authority a list of all licences of quality assurance systems that it has refused, suspended or restricted to other types.

4.

Drafting

4.1.

The manufacturer applied for the examination of the draft at the body notified in Z 3.1.

4.2.

The application provides information on the design, manufacture and functioning of the device and allows an assessment of compliance with the applicable requirements of the Regulation.

It contains

(a)

Name and address of the manufacturer;

(b)

a written statement that the same application has not been submitted to any other notified body;

(c)

the technical documents described in § 14. Based on these documents, it must be possible to assess the conformity of the device with the relevant requirements; they must include appropriate risk analysis and evaluation. They cover the design and operation of the device as far as they are relevant for the evaluation.

(d)

the additional evidence for an appropriate solution by the technical design. These additional evidence contain a reference to all documents which have been used, in particular when the relevant harmonised standards and/or normative documents have not been fully applied, and, where appropriate, include the results of tests carried out in a suitable laboratory of the manufacturer or in his behalf and under his responsibility in another laboratory.

4.3.

The notified body shall examine the application and issue an EU power test certificate to the manufacturer if the design meets the requirements of this Regulation applicable to the device. This certificate contains the name and address of the manufacturer, the results of the tests, any conditions for their validity and the necessary data for the identification of the approved design. This certificate may be accompanied by one or more annexes.

This certificate and its annexes contain all useful information on the basis of which the conformity of the measuring instruments manufactured can be assessed with the draft examined and, where appropriate, can be carried out after their commissioning. In order to be able to assess the conformity of the products manufactured if they are duly justified by means of appropriate means for assessing the repeatability of their measurement services with the audited design, it must in particular specify:

(a)

the metrological characteristics of the draft device;

(b)

the necessary measures to ensure the integrity of the devices (monitoring, identification of the software, etc.);

(c)

other information necessary to identify the device and to monitor its external conformity with the design;

(d)

any other specific information necessary to verify the characteristics of the equipment manufactured;

(e)

in the case of a partial device, all necessary information to ensure compatibility with other parts or measuring devices.

The notified body shall prepare an audit report in this respect and shall provide it to the Member State which it has notified. 14 publish the contents of this report or parts thereof only with the consent of the manufacturer. The certificate is valid for ten years from its date of issue and can be renewed for another ten years. If the draft does not meet the applicable requirements of the Regulation, the notified body refuses to issue an EU design test certificate and informs the applicant about it, giving detailed reasons for its refusal.

4.4.

The notified body is constantly informed of all changes in the generally accepted state of technology; If these indicate that the approved design no longer complies with the applicable requirements of this Regulation, it decides whether such changes require further investigation. If this is the case, the notified body shall inform the manufacturer of it.

The manufacturer informs the notified body which issued the EU's Certificate of Objections on all changes to the approved design which may affect its conformity with the essential requirements of this Regulation or the conditions for the validity of the certificate. Such changes will require additional approval by the notified body that issued the EU's certificate of dismissal in the form of a supplement to the original EU statutory audit certificate.

4.5.

Each notified body shall inform its notifying authority of the EU's design tests certificates and/or any additions it has issued or withdrawn and, at regular intervals or upon request, send a list of all certificates and/or additions to which it has refused, suspended or restricted to any other type.

If they demand this, the European Commission, the Member States of the European Union and the other notified bodies will receive a copy of EU model testing certificates and/or their additions. On request, the European Commission and the Member States of the European Union will receive a copy of the technical documents and the results of the tests carried out by the notified body.

The notified body retains a copy of the EU model test certificate with annexes and additions, as well as the technical dossiers, including the documents submitted by the manufacturer, until the validity of the certificate ends.

4.6.

The manufacturer holds a copy of the EU design test certificate, its annexes and additions together with the technical documentation after placing the device for ten years.

5.

Monitoring under the responsibility of the notified body

5.1.

Monitoring should ensure that the manufacturer complies with the obligations of the approved quality assurance system.

5.2.

The manufacturer grants the notified body access to the development, production, purchase, testing and storage facilities and makes all necessary documentation available, in particular:

(a)

the documentation on the quality assurance system;

(b)

quality-related records, such as results of analyses, calculations, tests, etc.;

(c)

quality-related records, such as test reports, test and calibration data, as well as reports on the qualifications of employees in this area, etc.

5.3.

The notified body regularly carries out audits to ensure that the manufacturer maintains and applies the quality assurance system, and submits an audit report to it.

5.4.

In addition, the notified body may carry out unannounced visits to the manufacturer. During these visits, the notified body may, if necessary, carry out tests on devices to ensure the proper functioning of the quality assurance system. The notified body reports to the manufacturer a report on the visit and a review report in case of an examination.

6.

Conformity marking and EU declaration of conformity

6.1.

The manufacturer shall bring the CE marking, the additional metrology marking in accordance with this Regulation and under the responsibility of the body notified in Z 3.1.

6.2.

The manufacturer makes a written EU declaration of conformity for each device model and, after placing the device on the market, it is ready for national authorities for ten years. In the EU declaration of conformity, it must be specified for which device model it has been issued; The number of draft tests must also be added.

A copy of the EU declaration of conformity will be made available to the competent authorities upon request.

A copy of the EU declaration of conformity is attached to each measuring device that is placed on the market. In cases where a large number of devices are supplied to a single user and the same user, this requirement can be interpreted in such a way that it does not apply to individual devices, but for a batch or a consignment.

7.

The manufacturer will provide the following documents for a period of ten years from placing the device on the market for the national authorities:

(a)

the documentation on the quality assurance system in accordance with Z 3.1;

(b)

the information concerning the change in accordance with Z 3.5 in its approved form;

(c)

the decisions and reports of the notified body in accordance with the C 3.5, 5.3 and 5.4.

8.

Representative

The manufacturer’s representative may submit the application referred to in the C 4.1 and 4.2 and meet the obligations set out in the Z 3.1, 3.5, 4.4, 4.6, 6 and 7 on his behalf and under his responsibility if they are determined on behalf.

ANNEX 4

EU CONFORMITIES DECLARATION (No. XXXX)

1.

Device model/equipment (product, type, batch or serial number):

2.

Name and address of the manufacturer and, where appropriate, its representative:

3.

The sole responsibility for the issue of this declaration of conformity is for the manufacturer.

4.

The purpose of the statement (signment of the device for traceability; it may contain an image if necessary to identify the device):

5.

The subject-matter of the declaration described above meets the relevant Union harmonisation legislation:

6.

An indication of the relevant harmonised standards or normative documents which have been used or of the other normative documents or other technical specifications for which conformity is declared:

7.

(if applicable:) The notified body (name, number) ... (description of its activity) ... and the following certificate:

8.

Additional information:

Signed for and on behalf of:

(the place and date of the exhibition):

(name, function):

Article 2

Amendment of the Regulation on mutual recognition in the field of measurement and calibration

On the basis of § 18 Z 4 and § 49. 2 of the Mass and Verification Act (MEG), BGBl. No. 152/1950, last amended by the Federal Law BGBl. I No. 148/2015 is prescribed:

The Regulation of the Federal Minister for Economic Affairs on mutual recognition in the field of measurement and calibration, BGBl. No. 858/1993, last amended by Regulation BGBl. II No 274/2006, as follows:

1. The Articles 1 and 2 are:

"§ 1. The reciprocity and equivalence with regard to the provisions relating to bottles as containers, provided that they are based on Directive 75/107/EEC on the approximation of the laws of the Member States relating to bottles of a measure, OJ No L 42 of 15.2.1975 S. 14, for which states specified in the Annex.

§ 2. The reciprocity and equivalence with regard to the sample controls of prepacked packages, provided that they are subject to Council Directive 76/211/EEC of 20. 1; Annex II, IX. measuring instruments, pkt. 15 of the EEA Agreement), as amended by Directive 78/891/EEC (OJ No L 311 of 4 November 1978, p. 21), as amended by Directive 2007/45 laying down nominal quantities for products in prepacked packages, repealing Council Directives 75/106/EEC and 80/232/EEC and amending Council Directive 76/211/EEC, OJ No. No. L 247 of 21.09.2007 S 17, for the states indicated in the Annex. “

2. The introduction rate in § 3 is:

"The reciprocity and equivalence relating to the EC authorisation and the EC initial verification will be based on Directive 2009/34/EC on common rules on measuring instruments as well as on measuring and testing procedures (recast), OJ No L 106 of 28.04.2009 S 7, for which states indicated in the Annex for the following Directives:"

3. § 3 Z 7 will be lifted.

4. § 4(2). 1 is:

"(1) The recognition of authorisations under Section 3 and related Z 1, 4, 9, 12 and 18 will be lifted with 30 November 2015. “

5. § 4(2). 4 is:

"(4) The recognition of authorisations under Section 3 and related Z 10 will be lifted with 30 November 2015. “

6. In § 4(2). 5 will the letter sequence "EEC" by the letter sequence "EC" replaced.

7. The following paragraphs are set out in Section 4. 7 and 8:

"(7) The recognition of the authorisation under Section 3 and related Z 6 will be lifted.

(8) For measuring instruments referred to in paragraphs 1 and 4, EC authorisations issued on 30 November 2015 will continue until their validity expires. “

8. The provisions of the plant are:

"Member States of the European Union, EEA States, Switzerland and Turkey"

Article 3

Change of the Burk vessel Regulation

On the basis of the § 21 of the Act of Mass and Verification (MEG), BGBl. No. 152/1950, last amended by the Federal Law BGBl. I No. 148/2015, is prescribed:

BGBl. No 572/1991, last amended by Regulation BGBl. II No 274/2006, as follows:

1. In § 8(2). 2, “Annex” the name "I".

2. In the introductory of the plant, the cookies will be used "BGBl. II No 274/2006" by the muscles "BGBl. II No 31/2016" replaced.

3. In Annex Z 1.2, the word sequence will be "level area" by the words "waagright area" replaced.

4. In the Annex, under Z 2 in Table 1, the formula "+ 5 ml + 2.5 %" by the formula "+ (5 ml + 2.5 %)" replaced.

Article 4

Amendment of the German Federal Minister for Economic Affairs with regard to the approval of measuring instruments or measuring devices for calibration as well as the marks and stamps to be used in the approval and calibration

On the basis of Articles 18 Z 4, 36(3) and 38(2). 8 of the Mass and Verification Act (MEG), BGBl. No. 152/1950, last amended by the Federal Law BGBl. I No. 148/2015, is prescribed:

The enactment regulation, BGBl. No 785/1992 last amended by Regulation BGBl. II No 172/2008, as follows:

1. § 1(1). 3 is:

"(3) The term "Inland" is the same as the Member States of the European Union, the EEA States, Switzerland and Turkey. “

2. § 1a is:

"§ 1a. This Regulation applies to approvals for calibration, for which conformity assessment is carried out in accordance with the Regulation establishing conformity assessment procedures for non-automatic weighing, BGBl. II No 30/2016, or the measuring instrument regulation 2016 BGBl. II No 31/2016, not provided for."

3. In § 2(2). 3 will follow the word "§ 18a. 2 or § 40 Z 1 to Z 3" by the words "§ 40 Z 1 to 2" replaced.

4. In § 2, paragraph 4, § 3, paragraph 3 3, § 4. 1 Z 10 and throughout section IX will be the backbone "EEC" by the muscles "EC" replaced.

5. The following paragraphs 6 and 7 are added to § 26:

"(6) A grant of EC type-approvals is from 30 June onwards November 2015.

(7) If the validity of the EC type approval is not extended, however, this authorisation will continue to apply to measuring devices already in use. “

Article 5

Amendment of the Federal Minister for Economic Affairs and Labour Regulation on the recognition of technical tests

On the basis of § 18 Z 3 and § 49. 2 of the Mass and Verification Act (MEG), BGBl. No. 152/1950, last amended by the Federal Law BGBl. I No. 148/2015, is prescribed:

The Regulation of the Federal Minister for Economic Affairs and Labour on the recognition of technical tests, BGBl. II No 169/2000, last amended by Regulation BGBl. II No 274/2006, as follows:

1. § 1(1). 1 Z 1 including the introduction rate of the paragraph. 1 is:

"(1) An measuring device manufactured in another Member State of the European Union, a Contracting State of the EEA Agreement, Switzerland or Turkey, is equivalent to the foreign eligibility examination of domestically when:

1.

the measuring instruments

(a)

no EC initial verification under Directive 2009/34/EC on common rules on measuring instruments and on measuring and testing procedures, OJ No L 106 of 28.04.2009 S. 7;

(b)

no CE marking on the basis of Directive 2014/31/EU on the approximation of the laws of the Member States relating to the provision of non-automatic balances on the market (recast), OJ No L 96 of 29/08/4 S. 107, may be obtained and not fall within the scope of this Directive;

(c)

not to obtain a CE marking on the basis of Directive 2014/32/EU on the harmonisation of the laws of the Member States relating to the provision of measuring instruments on the market (recast), OJ No L 96 of 29/08/4 S. 149, and not falling within the scope of this Directive; “

2. In § 2(2). 1 Z 2 "(§ 58 MEG)" and will: "Accreditation Law, BGBl. No. 486/1992, last amended by the Federal Law BGBl. No. 430/1996" by the words "Accreditation Act 2012 BGBl. I No 28/2012, as amended by BGBl. I No. 40/2014" replaced.

3. In § 2(2). 4 of the words "(§ 58 MEG)".

4. § 3 is:

"§ 3. The eichtechnics must pay fees at the level of the fees according to § 14 of the calibration fee regulation 2013, BGBl. II No 311/2013. “

5. According to § 6, the following § 7 is added:

"§ 7. § 1(1). 1 Z 1 as amended by Regulation BGBl. II No 31/2016 enters with 20. April 2016 in force. “

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