Electromagnetic Compatibility Regulation 2015 - 2015 Emvv

Original Language Title: Elektromagnetische Verträglichkeitsverordnung 2015 – EMVV 2015

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22. Regulation of the Federal Minister for Science, Research and the Economy on electromagnetic compatibility (Electromagnetic Compatibility Ordinance 2015-EMVV 2015)

On Reason

1.

Section 3 (4) and (6), Section 7 (1), (5) and (6), and Section 7b (7) of the Electrotechnikgesetz 1992-ETG 1992, BGBl. N ° 106/1993, as last amended by the Federal Law BGBl.  I n ° 129/2015, and

2.

§ 181 of the MinroG MinroG MinroG, BGBl.  I n ° 38/1999, as last amended by the Federal Law BGBl.  I No 80/2015,

prescribting:

1. Section

General provisions

Subject

§ 1. The subject matter of this Regulation is the electromagnetic compatibility of operating equipment. It is intended to ensure the functioning of the internal market for operating resources by establishing an adequate level of electromagnetic compatibility.

Transform

§ 2. (1) This Regulation repeals Directive 2014 /30/EU on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast), OJ L 327, 30.4.2014, p. No.  OJ L 96, 29.03.2014 p. 79, transposed into Austrian law. Compliance with the provisions of this Regulation shall comply with the provisions of Directive 2014 /30/EU.

(2) References to Directive 2004 /108/EC on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89 /336/EEC, OJ L 327, 30.4.2004, p. No.  OJ L 390, 31.12.2004, p. 24, repealed with effect from 20.04.2016 by Directive 2014 /30/EU, shall be deemed to be a reference to Directive 2014 /30/EU.

Scope

§ 3. (1) This Regulation shall apply to resources as defined in Section 4 (1) (1) (1) of this Regulation.

(2) This Regulation is not applicable to:

1.

Operating resources that are provided by Directive 1999 /5/EC on radio equipment and Telecommunications terminal equipment and the mutual recognition of their conformity, OJ L 327, 28.4.2002, No.  OJ L 91 of 07.04.1999 p. 10, as last amended by Regulation (EC) No 596/2009, OJ L 145, 31.5.2009, p. No.  14 and repealed with effect from 13.06.2016 by Directive 2014 /53/EU, OJ L 175, 5.7.2014, p. No.  OJ L 153, 22.05.2014 p. 62;

2.

aeronautical products, parts and appliances within the meaning of Regulation (EC) No 216/2008 on the establishment of common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, OJ L 175, 5.7.2004, p. No.  OJ L 79 of 19.03.2008 p. 1, as last amended by Regulation (EU) No 6/2013, OJ L 79, 19.3.2013, p. No.  OJ L 4, 09.01.2013 p. 34;

3.

Radio equipment used by radio amateurs in the context of the constitution of the International Telecommunications Union and the Convention of the International Telecommunication Union, unless these resources are made available on the market;

4.

Operating resources that are due to their physical properties

)

have such a low level of electromagnetic emission, or to a lesser extent electromagnetic emissions, that it is possible to operate radio and telecommunications equipment and other operating equipment and fixed installations as intended, and

)

under the influence of electromagnetic interference that is common in their use, without unreasonable Can be operated;

5.

Customer-and application-specific test modules, which are designed by professionals only are used in research and development facilities for such purposes.

For the purposes of Z 3, kits to be assembled by radio amateurs, and operating equipment on the market, which are converted by radio amateurs for use by radio amateurs, shall not be considered to be on the market provided operating resources.

(3) Where more specific provisions are made for the resources referred to in paragraph 1 in other EU legislation in respect of individual or all of the essential requirements of Annex I, the provisions of this Regulation shall apply: Regulation relating to these requirements for these resources shall not, or no longer, from the date of application laid down in the Union legislation, or where appropriate, the date of entry into force of the national implementing measure.

(4) The application of the legislation of the European Union and of national legislation relating to the safety of resources shall not be affected by this Regulation.

Definitions

§ 4. (1) For the purposes of this Regulation, the following definitions shall apply:

1.

"Operating Medium": a device or a fixed asset, or an item that is either a whole or an item of equipment. is intended to be used in individual parts for the production, transmission or use of electrical energy;

2.

"Device": a finished apparatus or a functional unit on the market. Combination of such apparatus, the which is intended for end-users and which can cause electromagnetic interference or which is/are the operation of which can be affected by electromagnetic interference;

3.

"Fixed Asset": a special combination of devices of different types and if appropriate, other facilities which are connected or installed with each other and intended to be operated in a predetermined place on a permanent basis;

4.

"Electromagnetic compatibility": the ability of an operating agent to use in its to work satisfactorily without causing any electromagnetic interference that would be unacceptable to other resources in the same environment;

5.

"electromagnetic disturbance": any electromagnetic phenomenon that is the function of a An electromagnetic disturbance may be an electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

6.

"interference immunity": the ability of an operating medium under the influence of an electromagnetic Failure to work with no impairment of function;

7.

"Security": Purposefor the purpose of protecting human life or Goods;

8.

"Electromagnetic environment": all electromagnetic phenomena associated with a particular Location can be detected.

(2) For the purposes of this Regulation, devices shall be:

1.

"Components" or "assemblies" intended to be used by the end user in an operating medium , which may cause electromagnetic interference or which may be affected by electromagnetic interference;

2.

"Moving Assets", d.  h. a combination of devices and, where appropriate, other devices that are mobile and intended for operation in different locations.

Deployment on the market, commissioning

§ 5. Operating equipment may only be made available on the market or put into service if it is installed, maintained and used in accordance with its intended use Regulation.

Special Measures

§ 6. (1) In respect of the provisions of this Regulation, the competent authority in accordance with § 13 and Section 14 (2) ETG 1992 may take the following special measures for the commissioning or use of Operating resources:

1.

Measures to issue an existing or predictable problem related to the electromagnetic compatibility at a given location;

2.

Measures taken for security reasons to use public telecommunications networks or transmission and reception facilities, if they are used for security purposes in clearly defined spectrum situations.

(2) The Authority, through the Federal Minister for Science, Research and the Economy, has the European Commission and the other Member States of the European Union concerning the special measures taken pursuant to paragraph 1 of this Article.

Fairs, exhibitions and similar events

§ 7. (1) In the case of trade fairs, exhibitions and similar events, resources may be shown or presented which do not comply with the provisions of this Regulation, provided that: the visible sign clearly indicates that they may not be made available on the market or put into service only if they have been brought into conformity with this Regulation.

(2) Preductions may only be carried out if appropriate measures have been taken to avoid electromagnetic interference.

Essential Requirements

§ 8. Operating equipment must meet the essential requirements set out in Annex I.

2. Section

Compliance of the resources

Compliance with Operating Means

§ 9. In the case of resources which are in conformity with harmonized standards or parts of which the references have been published in the Official Journal of the European Union, conformity shall be subject to the following conditions: with the essential requirements set out in Annex I covered by the relevant standards or parts thereof.

Compliance Assessment Procedures for Devices

§ 10. (1) The conformity of equipment with the essential requirements set out in Annex I shall be demonstrated by one of the following conformity assessment procedures:

1.

Internal production control according to Appendix II;

2.

EU type examination, followed by the type of conformity with the design based on an internal Production control in accordance with Annex III.

(2) The manufacturer may decide to limit the application of the procedure referred to in paragraph 1 (2) to certain aspects of the essential requirements, provided that the other aspects of the essential requirements are: in accordance with paragraph 1 Z 1.

EU Declaration of Conformity

§ 11. (1) The EU declaration of conformity states that compliance with the essential requirements set out in Annex I has been demonstrated.

(2) The EU declaration of conformity shall be in accordance with the model set out in Annex IV and shall contain the elements specified in the relevant modules of Annexes II and III. It must be kept up-to-date. The declaration of conformity must be available in German for equipment placed on the market or made available on the Austrian market.

(3) A device is subject to several European Union legal standards, each of which requires an EU declaration of conformity, is only one EU declaration of conformity for all acts of the European Union Union. This declaration shall state the acts of the European Union concerned, together with its reference, in the Official Journal of the European Union.

(4) With the exhibition of the EU Declaration of Conformity, the manufacturer shall assume responsibility for ensuring that the device meets the requirements of this Regulation.

General principles of CE marking

§ 12. For the CE marking, the general principles laid down in Article 30 of Regulation (EC) No 765/2008 on the requirements for accreditation and market surveillance shall apply in the Connection with the marketing of products and repealing Council Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No.  OJ L 218, 13.08.2008 p. 30

Rules and conditions governing the affixing of the CE marking

§ 13. (1) The CE marking is clearly visible, legible and permanently affixed to the device or its nameplate. If the type of device does not permit or does not justify it, it shall be affixed to the packaging and to the accompanying documents.

(2) The CE marking shall be affixed prior to placing the appliance on the market.

(3) The Market Surveillance Authority shall build on existing mechanisms to ensure proper implementation of the CE marking system and, in the event of improper use of the latter, shall be established by the market surveillance authority. Marking appropriate steps.

Information about how to use the device

§ 14. (1) The device must be accompanied by special precautions to be taken during the installation, installation, maintenance or operation of the equipment, so that it can be installed, installed, maintained or operated after the installation has been put into operation. the essential requirements of Annex I Z 1.

(2) In the case of equipment whose compliance with the essential requirements set out in Annex I Z 1 in residential areas is not guaranteed, such a restriction of use, including where appropriate on the packaging, shall be unambiguous. .

(3) The information required for the use of the device according to its intended use must be included in the operating instructions attached to the operating means.

Fixed Assets

§ 15. (1) Devices which have been made available on the market and which may be installed in fixed installations shall be subject to all the provisions of this Regulation applicable to equipment.

(2) The requirements of § § 8 and 10 to 14 of this Regulation as well as § § 9a to 9f ETG 1992 do not necessarily apply to equipment intended for installation in a specific fixed installation and not otherwise on the market. In such cases, the attached documents shall indicate the fixed installation and the characteristics of the electromagnetic compatibility, and shall indicate the precautions to be taken in the installation of the equipment in such an installation, in order to ensure that the installation of the equipment in question must be carried out. Compliance is not affected. In addition, the information referred to in Section 9a (5) and (6) ETG 1992 as well as Section 9c (3) ETG 1992 must be provided.

(3) The recognised rules of technology referred to in point Z 2 of Annex I shall be documented and the person responsible shall keep the documents available for inspection purposes to the Authority for inspection as long as the stationary installation.

(4) If there are indications that a fixed installation does not comply with the requirements of this Regulation, in particular in the event of complaints relating to disturbances caused by the installation, the Authority may provide evidence of the Request the conformity of the fixed installation and, if necessary, make an assessment.

(5) If it is established that the fixed installation does not meet the requirements, the Authority shall arrange for appropriate measures to be taken to ensure conformity with the essential requirements of Annex I.

(6) The responsibility for the determination of the conformity of a fixed installation with the relevant essential requirements arises from § 13 ETG 1992, in the version of the Federal Law BGBl.  I No 129/2015.

3. Section

Notification of conformity assessment bodies

Notifying authorities ' information requirements

§ 16. The Federal Minister for Science, Research and the Economy, as the notifying authority in accordance with § 7a ETG 1992, has the European Commission on its evaluation and evaluation procedures. To notify the notification of conformity assessment bodies and the monitoring of notified bodies, as well as of any changes thereto.

Requirements for notified bodies

§ 17. (1) A conformity assessment body has to comply with the requirements of paragraphs 2 to 11 for the purposes of the notification.

(2) The conformity assessment body must be established in accordance with Austrian law and be provided with legal personality.

(3) The conformity assessment body must be an independent third party with the facility or device that is, or that he assesses, is not in any connection whatsoever. A body belonging to a trade association or professional association and assesses the equipment in whose design, manufacture, supply, assembly, use or maintenance are parties represented by that association, may be considered as having On the condition that their independence and the absence of any conflicts of interest are proven.

(4) The conformity assessment body, its top management level and the staff responsible for the performance of conformity assessment tasks may not design, manufacturer, supplier, installer, buyer, Owners, users or maintenance operations of the equipment or representatives of one of these parties to be evaluated. This does not preclude the use of equipment already subject to conformity assessment, which is necessary for the activities of the conformity assessment body, or the use of such equipment for personal use. A conformity assessment body, its senior management level and the staff responsible for the performance of conformity assessment tasks may not be directly involved in the design, manufacture, or production of the conformity assessment tasks. The construction, marketing, installation, use or maintenance of such equipment shall be represented by the parties involved in these activities. They shall not deal with activities which could affect their independence in the assessment or their integrity in relation to the conformity assessment measures for which they are notified. This is especially true for consulting services. The Conformity Assessment Bodies shall ensure that the activities of their subsidiaries or subcontractors do not adversely affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

(5) The conformity assessment bodies and their staff have the conformity assessment activities with the greatest possible degree of professionalism and the professional competence required in the area concerned. , they shall not be subject to any form of influence, in particular of a financial nature, which could have an impact on their assessment or the results of their conformity assessment work, and in particular by persons or groups of persons , which have an interest in the outcome of these activities.

(6) The conformity assessment body must be in a position to perform all conformity assessment tasks which it has been granted in accordance with Annex III and for which it has been notified, irrespective of whether these tasks are performed by: the body itself, or on its behalf and under its responsibility, is fulfilled. A conformity assessment body shall have the following at all times, for each conformity assessment procedure, and for each type and category of equipment for which it has been notified:

1.

The required staff with expertise and sufficient experience to complete the to perform the tasks of conformity assessment;

2.

Descriptions of procedures according to which the conformity assessment is performed in order to to ensure transparency and the repeatability of these procedures. It shall have appropriate instruments and procedures to distinguish between the tasks it performs as a notified body and other activities, and

3.

Procedure for performing activities with due regard to the size of a Enterprise, the industry in which it operates, its structure, the degree of complexity of the respective device technology, and the fact that the production process is a mass production or series production.

The conformity assessment body must have the necessary means for the appropriate execution of the technical and administrative tasks associated with conformity assessment, and access to have all the equipment or facilities they need.

(7) The employees who are responsible for performing the conformity assessment tasks must have the following:

1.

A solid technical and vocational training system that provides all the activities for conformity assessment in the Area for which the conformity assessment body has been notified;

2.

a sufficient knowledge of the requirements associated with the assessments to be performed and the appropriate power to carry out such assessments;

3.

adequate knowledge and understanding of the essential requirements set out in Annex I, the applicable harmonised standards and the relevant provisions of the European Union's harmonisation legislation and national legislation; and

4.

The ability to create certificates, logs, and reports as evidence of Assessments carried out.

(8) The impartiality of the conformity assessment body, its highest levels of management and the staff responsible for the performance of conformity assessment tasks must be guaranteed. The remuneration of the highest level of management and of the staff of a conformity assessment body responsible for the performance of conformity assessment tasks shall not be based on the number of assessments carried out or the results of the evaluations carried out. .

(9) The conformity assessment body shall take out liability insurance.

(10) Information obtained by the staff of the conformity assessment body in carrying out its tasks in accordance with Annex III or one of the relevant national implementing rules shall be covered by the following: professional secrecy, except in relation to the competent authorities. Property rights must be protected.

(11) The conformity assessment body shall participate in the relevant standardisation activities and the activities of the coordination group of notified bodies set up under the Directive 2014 /30/EU, or ensure that the staff responsible for the performance of conformity assessment tasks are informed, and to apply the administrative decisions and documents drawn up by that group as general guidelines.

Conformance presumption in notified bodies

§ 18. A conformity assessment body shall comply with the criteria of the relevant harmonised standards or parts thereof, the references of which shall be published in the Official Journal of the European Communities. Union shall be presumed to comply with the requirements laid down in § 17, in so far as the applicable harmonised standards cover these requirements.

Notification procedure

§ 19. (1) The notifying authority may only notify conformity assessment bodies that comply with the requirements of § 17.

(2) A notification shall contain complete information on the conformity assessment activities, the conformity assessment modules concerned and the equipment concerned, and the confirmation of competence in question.

Changes to notifications

§ 20. (1) If the notifying authority is established or is informed that a notified body no longer fulfils the requirements referred to in Article 17 or that it does not comply with the requirements of the notified body, it shall be informed of the need to It shall, where appropriate, restrict the notification, suspend or withdraw the notification, taking into account the extent to which those requirements have not been met or have not complied with those obligations. .

(2) In the event of a restriction, suspension or revocation of the notification or if the notified body cees its activity, the Federal Minister of Science, Research and the Economy shall act as the notifying authority. take appropriate measures to ensure that the files of that body continue to be processed by another notified body, or shall be kept at the request of the competent notifying authorities and market surveillance authorities.

Challenging the competence of notified bodies

§ 21. The Federal Minister for Science, Research and the Economy, on request, has all the information on the basis for the notification or the maintenance of the to the competence of the notified body concerned.

Obligations of notified bodies in relation to their work

§ 22. (1) The notified bodies must carry out the conformity assessment in accordance with the conformity assessment procedures in accordance with Annex III.

(2) A notified body shall establish that a manufacturer has failed to comply with the essential requirements set out in Annex I or in the relevant harmonised standards or other technical specifications , it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate.

Co-ordinating the notified bodies

§ 23. The notified bodies have to participate directly or through notified representatives in the work of a coordination group which is responsible for appropriate coordination and Cooperation between bodies notified under this Regulation will be established and properly continued by the European Commission in accordance with Article 36 of Directive 2014 /30/EU.

4. Section

Transitional and Final Provisions

Linguistic equality

§ 24. As far as personal names are given in masculine form in this Regulation, they refer to women and men in the same way. The gender-specific form is to be used in the application to specific persons.

Transitional provisions

§ 25. The market surveillance authorities may use the provision of electrical equipment on the market, which is provided by the Electromagnetic Compatibility Ordinance 2006 (EMVV 2006), BGBl.  II No 529/2006, which are in accordance with this Regulation and which have been placed on the market before 20 April 2016.

Entry into force

§ 26. (1) This Regulation shall enter into force, unless otherwise specified in the following, with 20 April 2016. At the same time, the regulation of the Federal Minister for Economic Affairs and Labour and the Federal Minister of Transport, Innovation and Technology on Electromagnetic Compatibility (Electromagnetic Compatibility Ordinance 2006-EMVV 2006), BGBl.  II No 529/2006, except for force.

(2) § § 16 to 24 shall enter into force with the day following the customer's presentation.

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