22 regulation of the Federal Minister for science, research and industry relating to electromagnetic compatibility (electromagnetic compatibility regulation 2015 - 2015 EMVV)
Due to 1 of § 3 para 4 and 6, section 7, paragraph 1, 5 and 6 and § 7 par. 7 of the electrical engineering Law 1992 - b ETG 1992, Federal Law Gazette No. 106/1993, as last amended by Federal Law Gazette I no. 129/2015, and 2 of § 181 of the mineral raw material act - MinroG, Federal Law Gazette I no. 38/1999, as last amended by Federal Law Gazette I no. 80/2015 , is prescribed:
General terms and conditions
§ 1 subject matter of this regulation is the electromagnetic compatibility of equipment. She should ensure the functioning of the internal market for resources as a result that an adequate level of electromagnetic compatibility is set.
Section 2 (1) this regulation is the 2014/30/CE directive on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast), OJ No. L 96 of the 29.03.2014 S. 79, transposed into Austrian law. By adhering to the provisions of this regulation, 2014/30/EC is complied with the provisions of the directive.
(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of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC, OJ Repealed with effect from the 20.04.2016 by the 2014/30/CE, Directive No. L 390 of 31.12.2004 apply p. 24, as a reference to the 2014/30/CE directive.
3. (1) this Regulation applies Z 1 resources in accordance with the definition given in article 4, paragraph 1.
(2) this Regulation shall not apply to: 1 resources, by the Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, OJ No L 91 of the 07.04.1999 p. 10, as last amended by Regulation (EC) No. 596/2009, OJ No. L 188 of July 18, 2009 p.14 and repealed with effect from the 13.06.2016 by the 2014/53/CE directive, OJ No. L 153 of the 22.05.2014 S. 62; collected
2. aeronautical products, parts and appliances within the meaning of Regulation (EC) No. 216/2008 establishing common rules for civil aviation and establishing a European Agency for air safety, repealing Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, OJ No L 79, March 19, 2008 p. 1, last amended by Regulation (EC) No. 6 / 2013, OJ No. L 4 from the Jan p. 34;
3. radio equipment, which are used by radio amateurs within the meaning of the radio regulations adopted in the framework of the Constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union unless these resources be made available on the market;
4. resources, due to their physical properties of a) have a low electromagnetic emission levels or so limited extent contribute to electromagnetic emissions, that an intended operation of radio and telecommunications equipment and other apparatus and fixed installations is possible and b) can be operated under influence of the usual working electromagnetic interference without unreasonably prejudice
5. customer - and application-specific custom testing modules that are used by professionals in research and development facilities for just such purposes.
In the sense of no. 3 kits that assemble are amateur radio operators, and resources provided on the market, which are reconstructed by amateur radio operators to use by amateur radio operators, are not considered resources deployed on the market.
(3) more specific requirements for individual or all essential requirements of annex I are made for the resources in the sense of paragraph 1 in other legislation of the European Union, so this regulation with regard to these requirements applies to these resources do not or no longer the Union legally specified date of the application or, where appropriate, the date of application of the national transposition measures.
(4) the application of the legislation of the European Union and national legislation for the safety of equipment is not affected by this regulation.
4. (1) the following definitions shall apply for the purposes of this Regulation: 1. "resources": a device or a fixed installation or an object that is intended as a whole or in parts to the extraction, transport or the use of electrical energy;
2. "device": a ready-made apparatus or a combination of such devices, provided as functional units on the market that is intended for end users and can cause electromagnetic interference or which or whose operation can be affected by electromagnetic interference
3. "fixed installation": permanently at a predefined location operated a special combination of devices of various kinds and, if necessary, additional facilities which are installed or connected to each other and are destined to be.
4. "electromagnetic compatibility": the ability of an item, to work without causing electromagnetic disturbances which are unacceptable for other resources in the same environment; satisfactorily in its electromagnetic environment
5. 'electromagnetic disturbance': any electromagnetic phenomenon that affect the function of an item; an electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;
6 'Immunity': means the ability of operating under the influence of an electromagnetic disturbance without functional impairment to work;
7 "Security purposes": purposes in terms of the protection of human life or of goods;
8 "electromagnetic environment": all electromagnetic phenomena, which can be found in a particular place.
(2) for the purposes of this Regulation considered equipment: 1 "components" or "Assemblies", which are intended to be installed by the end user in a resources and which can cause electromagnetic interference or whose operating can be affected by electromagnetic interference
2. is "mobile units", i.e. a combination of equipment and, where appropriate, other facilities that mobile and for operation in different locations.
Available on the market, start-up
§ 5. resources may be made available only on the market or taken into service, if proper installation and maintenance, as well as intended use in accordance with this regulation.
6. (1) Notwithstanding the provisions of this Regulation may in accordance with article 13 and article 14 par. 2 ETG 1992 authority following special measures for the entry into service or use of equipment meet: 1 measures, existing or foreseeable problem relating to the electromagnetic compatibility of a particular place to solve;
2. measures taken for security reasons, to protect public telecommunication networks or transmission and reception equipment when used for safety purposes in well-defined spectrum situations.
(2) the authority shall by way of the Federal Minister for science, to inform the European Commission and the other Member States of the European Union on the special measures taken pursuant to paragraph 1 research and business.
Fairs, exhibitions and similar events
§ 7 (1) for trade fairs, exhibitions and similar events resources may be viewed or presented, which do not comply with the provisions of this regulation, provided that a visible sign clearly indicates, that they only may be provided on the market or taken into service, if they have been associated with this regulation in accordance.
(2) demonstrations may be carried only if appropriate measures to avoid electromagnetic interference are implemented.
§ 8 resources must meet the essential requirements referred to in annex I.
Conformity of resources
Presumption of conformity equipment
§ 9. Equipment that comply with harmonised standards or parts thereof, the reference numbers of which have been published in the official journal of the European Union the conformity with the essential requirements is believed referred to in annex I which are covered by the relevant standards or parts thereof.
Conformity assessment procedures for devices
10. (1) the conformity of appliances with the essential requirements listed in annex I detected based on one of the following conformity assessment procedures: 1. internal control of production referred to in annex II;
2. EC type examination, followed by conformity to type based on internal production control referred to in annex III.
(2) the manufacturer may decide to limit the application of the procedure no. 2 on some aspects of essential requirements, provided for the other aspects of the essential requirements, the procedure is performed Z 1 referred to in paragraph 1 referred to in paragraph 1.
EU Declaration of conformity
§ 11 (1) the EU Declaration of conformity States that compliance with the essential requirements listed in annex I has been demonstrated.
(2) the EC declaration of conformity has to conform to the model in annex IV in their construction and to contain the items specified in the relevant modules of in annexes II and III. She can be kept up to date. The Declaration of conformity must be in German language for devices that are placed or made available on the Austrian market in the domestic market.
(3) a device is subject to several legal standards of the European Union, where each a EU Declaration of conformity is required, only a single EU conformity declaration for all legal acts of the European Union is to exhibit. The concerned legislative acts of the European Union shall be indicated in this statement together with their site in the official journal of the European Union.
(4) with the exhibition of the EU Declaration of conformity, the manufacturer assumes the responsibility for ensuring that the device complies with the requirements of this regulation.
General principles of the CE marking
§ 12. The General principles referred to in article 30 of Regulation (EC) apply for the CE marking No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 of the Council, OJ No. L 218 of August 13, 2008 p. 30.
Rules and conditions for the affixing of the CE marking
Section 13 (1) is the CE marking visibly, legibly and permanently on the appliance or its data plate to install. If the type of the device does not allow this or does not justify, she shall be affixed on the packaging and accompanying documents.
(2) the CE marking is affixed prior to the placing on the market of the device.
(3) the market surveillance authority has to build on existing mechanisms, to ensure a proper implementation of the system of the CE marking, and to initiate appropriate action in the case of misuse of this marking.
Information on the use of the device
Section 14 (1) concerning special provisions must be added the device which are to meet the maintenance or operation of the device during installation, installation, so that it meets Z 1 after commissioning the essential requirements referred to in annex I.
(2) equipment, which according to the essential requirements is not guaranteed after annex I, no. 1 in residential areas is such a use restriction - where appropriate also on the packaging - clearly to indicate.
(3) the information that are necessary for the use of the device according to its intended use, have enclosed operating instructions the resources be included in the.
Section 15 (1) devices that have been made available on the market and can be installed in fixed installations, subject to all of this Regulation applicable to devices.
(2) the requirements of §§ 8 and 10 to 14 of this Regulation as well as of articles 9a to 9f ETG 1992 apply but not necessarily for devices that are intended and otherwise not on the market are provided for installation in a particular fixed asset. In such cases the fixed installation and its characteristics of electromagnetic compatibility in the attached documents to be specified, and it is to specify what precautions when installing the unit in this complex are, so that their conformity is not affected. In addition, you are para 3 to make ETG 1992 listed in § 9a, para 5 and 6 ETG 1992 as well as section 9 c.
(3) the recognised rules of technology referred to in item 2 of annex I shall be documented, and the person in charge has the documents to the authority for verification purposes for inspection to keep as long as the fixed installation in operation is.
(4) there are signs that a fixed installation does not comply with the requirements of this regulation, in particular when complaints about errors caused by the system, the authority may require the proof of compliance of the fixed installation and, if necessary, initiate an assessment.
(5) is determined that the fixed installation does not meet the requirements, the authority has to order appropriate measures for the production of conformity with the essential requirements referred to in annex I.
(6) the responsibility for the assessment of conformity of a fixed installation with the relevant essential requirements arises from § 13 ETG in 1992, as amended by Federal Law Gazette I no. 129/2015.
Notification of conformity assessment bodies
Obligations of the notifying authorities
§ 16. The Federal Minister for science, research and economy has as notifying authority according to § 7a ETG 1992 the Commission of their procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, as well as to inform of any changes.
Requirements for notified bodies
Section 17 (1) has a conformity assessment body for the purposes of notification to meet the requirements of paragraphs 2 to 11.
(2) the conformity assessment body must be established under Austrian law and have legal personality.
(3) the conformity assessment body's must be an independent third party, who is no connection with the institution or the unit, he assessed that. A body that belongs to a trade association or a trade association and rated the devices, their design, manufacturing, provision, Assembly, use or maintenance involve companies, which are represented by this association can be considered such a body, on the condition that its independence and the absence of any conflict of interest are demonstrated.
(4) the conformity assessment body, its top level of management and the personnel responsible for the conformity assessment tasks shall be not designer, manufacturer, supplier, Installer, purchaser, owner, user or maintenance operation of the devices to be evaluated by them or representatives of one of these parties. This excludes using already assessed a conformity assessment devices, which are necessary for the activity of the conformity assessment body or the use of such devices for personal use. A conformity assessment body, its top level of management and the personnel responsible for the conformity assessment tasks shall neither be involved directly in the design, manufacture or construction, marketing, installation, use or maintenance of this equipment, nor represent the parties involved in these activities. They may not deal with activities, which might impair their independence in assessing or their integrity relating to the conformity assessment activities for which they are notified. This applies particularly for consulting services. The conformity assessment bodies have to ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.
(5) the conformity assessment bodies and their employees have to carry out the conformity assessment activities with the highest degree of professional and the necessary expertise in the relevant field; they should not be exposed any inducements, particularly financial, which could affect their judgement or the results of their conformity assessment activities, and specifically emanates from persons or groups of persons who have an interest in the outcome of these activities.
(6) the conformity assessment body must be able to cope with all conformity assessment tasks that fall to you pursuant to annex III, and for which it has been notified, indifferent, whether these tasks by the body itself or on its behalf and under its responsibility are met. A conformity assessment body shall at any time, for each conformity assessment procedure and for each type and category of devices for which it has been notified, the following have: 1. the tasks incurring necessary personnel with technical knowledge and sufficient relevant experience to which the conformity assessment to meet;
2. descriptions of the procedures according to which conformity assessment is performed to ensure the transparency and the repeatability of these procedures. She has adequate instruments and procedures have, where between the tasks which they perceived as notified body, and other activities is distinguished and 3's operating procedures for the implementation of activities, taking due account of the size of a company, the industry, in the, its structure, the degree of complexity of the device technology and the fact that the production process is a mass production or mass production.
The conformity assessment body must have the necessary resources to the appropriate technical and administrative tasks connected with conformity assessment, and have access to all necessary equipment or facilities.
(7) the employees who are responsible for carrying out the conformity assessment tasks, must have the following: 1 a sound technical and vocational training, which includes all activities for conformity assessment in the field, for which the conformity assessment body notified was.
2. a satisfactory knowledge of the requirements associated with the reviews to be conducted, and the appropriate powers conduct such reviews;
3. appropriate knowledge and understanding of the essential requirements referred to in annex I, of the applicable harmonised standards and of the relevant provisions of Community harmonisation of the European Union and national legislation; and 4 the ability to create certificates, protocols and reports as evidence of carried out reviews.
(8) the impartiality of the conformity assessment body, its top management levels and the personnel responsible for the conformity assessment tasks must be guaranteed. The remuneration of top-level management and the personnel responsible for the conformity assessment tasks a conformity assessment body may not depend on the number of assessments carried or their results.
(9) the conformity assessment body has concluded a liability insurance.
(10) information, which received the staff of the conformity assessment body in carrying out its tasks in accordance with annex III or any of the relevant national provisions, covered by the professional secrecy, except to the competent authorities. Property rights must be protected.
(11) the conformity assessment body has the relevant standardisation activities and the activities of the coordination group to join notified bodies that created 2014/30/EC in the framework of the directive or to ensure for the conformity assessment tasks informing competent employees are, and has the administrative decisions drawn up by this group and documents as general guidelines to apply.
Presumption of conformity for notified bodies
§ 18 a conformity assessment body demonstrates that it harmonised the criteria of the relevant standards or meets any part thereof, the reference numbers of which have been published in the official journal of the European Union, is believed that it meets the requirements according to § 17, insofar as the applicable harmonised standards cover those requirements.
Section 19 (1) the notifying authority should only conformity assessment bodies notified, that meet the requirements of section 17.
(2) a notification must contain full details of the conformity assessment activities, the conformity assessment modules, and the device as well as the relevant confirmation of competence.
Modifications of notifications
Section 20 (1) if the notifying authority discovers or is informed that a notified body no longer meets the requirements referred to in section 17 or that she do not fulfil their duties, has the notification, where appropriate, to limit them, to suspend it or revoke them, taking into account the extent, in which these requirements was not enough or has not complied with these obligations.
(2) if the restriction, suspension or withdrawal of notification or where the notified body ceases its activities the Federal Minister for science, to take appropriate measures to ensure that the files of this point from an other notified body are processed or held ready for the notifying authorities and market surveillance authorities at their request research and business as the notifying authority.
Challenge of the competence of notified bodies
§ 21. The Federal Minister for science, research and business has to give any information about the basis for the notification or the maintenance of the competence of the relevant notified body the European Commission upon request.
Obligations of notified bodies in relation to their work
The notified bodies must carry out conformity assessment in accordance with the conformity assessment procedures listed in annex III section 22 (1).
(2) a notified body finds that a manufacturer has not fulfilled the essential requirements laid down in annex I or in the corresponding harmonized standards or other technical specifications, it has to ask the manufacturer to take appropriate corrective actions, and may issue any certificate.
Coordination of notified bodies
section 23. The notified bodies have directly or through notified representatives to take part in, which is established for an appropriate coordination and cooperation between bodies notified under this regulation by the European Commission in accordance with article 36 of the 2014/30/CE directive and correctly continued work by a coordination group.
Transitional and final provisions
Linguistic equal treatment
§ 24. As far as this regulation are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.
§ 25. The market surveillance authorities allowed the deployment of electrical equipment on the market, which by electromagnetic compatibility Regulation 2006 (EMVV 2006), Federal Law Gazette II No. 529/2006, are recorded, comply with this regulation and were brought before the 20 April 2016 in traffic, do not interfere.
Entry into force
Section 26 (1) is this regulation, unless hereinafter otherwise stated, 20 April 2016 in force. At the same time the regulation of the Federal Minister for Economics and labour and the Federal Minister of transport, innovation and technology about electromagnetic compatibility (electromagnetic compatibility Regulation 2006 - EMVV 2006), Federal Law Gazette II No. 529/2006, override.
(2) sections 16 to 24 enter into force on the day following the announcement.