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

Because of

1.		§ 3 (4) and (6), Section 7 (1), (5) and (6), and Section 7b (7) of the Electrical Engineering Act 1992-ETG 1992, BGBl. N ° 106/1993, as last amended by the Federal Law BGBl. I No 129/2015, and
2.		§ 181 of the MinroG MinroG Act, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I No 80/2015,

Is prescribed:

Section 1

General provisions

Subject matter

§ 1. The subject 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.

Implementation

§ 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compatibility and repealing Directive 89 /336/EEC, OJ L 327, 30.4.2004, p. No. OJ L 390, 31.12.2004, p. 24, repealed with effect from 20.04.2016 by Directive 2014 /30/EU, shall be deemed to be a reference to Directive 2014 /30/EU.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 operating resources as defined in Article 4 (1) (1).

(2) This Regulation shall not apply to:

1.		Equipment provided for by Directive 1999 /5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity, OJ L 327, 30.4.1999, p. No. OJ L 91 of 07.04.1999 p. 10, as last amended by Regulation (EC) No 596/2009, OJ L 145, 31.5.2009, p. No. 14 and repealed with effect from 13.06.2016 by Directive 2014 /53/EU, OJ L 175, 5.7.2014, p. No. OJ L 153 of 22.05.2014 p. 62;
2.		Aeronautical products, parts and appliances within the meaning of Regulation (EC) No 216/2008 establishing common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing the Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, OJ L 206, 22.7.2004, 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 within the meaning of the general rules adopted in the context of the constitution of the International Telecommunication Union and the Convention of the International Telecommunication Union, unless such equipment shall be used on the basis of market;
4.		Means of operation which, by virtue of their physical properties,
a)			have such a low level of electromagnetic emission, or contribute to such a low level of electromagnetic emissions, that the operation of radio and telecommunications equipment and other means of operation and the fixed equipment is possible, and
b)			can be operated without unreasonable impairment of the electromagnetic interference used in their use;
5.		Customer-specific and application-specific test modules, which are used by experts exclusively in research and development facilities for the same purpose.

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

Where, for the purposes of paragraph 1 of this Article, more specific provisions shall be made for the resources referred to in paragraph 1 in other EU legislation relating to individual or all of the essential requirements of Annex I, this Regulation shall apply with regard to the said requirements Requirements for these resources shall not or no longer be subject to the date of application or the date of application laid down in Union law. 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 on 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.		"means of operation" means a device or a fixed installation, or an object intended as a whole or in individual parts for the production, transmission or use of electrical energy;
2.		"device" means a finished apparatus or a combination of such apparatus, which is provided on the market as a functional unit, of such apparatus, 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 installation" means a special combination of equipment of different types and, where appropriate, other equipment which are connected or installed with each other and intended to be operated permanently at a predetermined location;
4.		"electromagnetic compatibility" means the ability of an operating means to operate satisfactorily in its electromagnetic environment without causing itself to cause electromagnetic interference in the same way as other means of operation in the same environment would be unacceptably high;
5.		"electromagnetic disturbance" means any electromagnetic phenomenon which could affect the operation of an operating means; electromagnetic disturbance may be an electromagnetic noise, an undesirable signal or a change in the the propagation medium itself;
6.		"immunity" means the ability of an operating means to operate under the influence of an electromagnetic disturbance without impairment of function;
7.		"security" means: purposes for the protection of human life or of goods;
8.		"electromagnetic environment" means all electromagnetic phenomena that can be detected in a given location.

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

1.		"components" or "assemblies" intended to be fitted to an operating medium by the end user and which can cause electromagnetic interference or whose operation can be affected by electromagnetic interference;
2.		"movable installations", d. h. a combination of equipment and, where appropriate, further equipment which is movable and intended for operation at different locations.

Provision on the market, commissioning

§ 5. Operating equipment may only be made available on the market or put into service if it is in conformity with the proper installation and maintenance and the intended use of this Regulation.

Special measures

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

1.		measures to resolve an existing or foreseeable electromagnetic compatibility problem in a given location;
2.		measures taken for safety reasons in order to protect public telecommunications networks or transmission and reception facilities where these are used for security purposes in clearly defined spectrum situations.

(2) The Authority shall inform the European Commission and the other Member States of the European Union of the special measures taken pursuant to paragraph 1 by the Federal Minister for Science, Research and Economic Affairs.

Fairs, exhibitions and similar events

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

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

Essential requirements

§ 8. Equipment must comply with the essential requirements set out in Annex I.

Section 2

Compliance of the operating equipment

Presumption of conformity for operating equipment

§ 9. In the case of resources which are in conformity with harmonised standards or parts of which the references have been published in the Official Journal of the European Union, compliance with the essential requirements set out in Annex I shall be presumed to be conformity with the essential requirements of the relevant standards or parts thereof.

Conformity assessment procedures for equipment

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

1.		internal production control in accordance with Annex II;
2.		EU type-examination, followed by conformity with the design on the basis of 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 have been carried out in accordance with paragraph 1 (1) (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 which is placed on the market in the country or is 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 to issue only a single EU declaration of conformity for all acts of the European 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 the CE marking

§ 12. The CE marking shall be subject to the general principles referred to in Article 30 of Regulation (EC) No 765/2008 laying down the rules for accreditation and market surveillance relating to the marketing of products and repealing the Council Regulation (EEC) No 339/93, OJ L 393, 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 shall be affixed legibly, legibly and permanently on the device or its nameplate. If the nature of the 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 the placing on the market of the equipment.

(3) The Market Surveillance Authority shall establish on existing mechanisms in order to ensure proper implementation of the CE marking system and, in the event of improper use of this marking, appropriate steps .

Information on how to use the device

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

(2) In the case of equipment which is not in conformity with the essential requirements of Annex I Z 1 in residential areas, it is clear that such a restriction of use, including where appropriate on the packaging, should be clearly indicated.

(3) The information necessary for the use of the equipment in accordance with its intended use must be included in the operating instructions attached to the operating means.

Fixed installations

§ 15. (1) Equipment which has 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 Sections 8 and 10 to 14 of this Regulation as well as § § 9a to 9f ETG 1992 shall not apply to equipment intended for installation in a specific fixed installation and otherwise not provided 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 § 9a (5) and (6) ETG 1992 as well as § 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 to the Authority for inspection purposes, as long as the fixed installation is in operation.

(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 concerning disturbances caused by the installation, the Authority may demonstrate the conformity of the fixed installation. and, where appropriate, request an assessment.

(5) Where 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.

Section 3

Notification of conformity assessment bodies

Information requirements of the notifying authorities

§ 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 procedures for the evaluation and notification of conformity assessment bodies and for the monitoring of to notify notified bodies and of any changes thereto.

Requirements for notified bodies

§ 17. A conformity assessment body shall comply with the requirements set out in paragraphs 2 to 11 for the purposes of the notification.

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

(3) The conformity assessment body must be an independent third party with the equipment or equipment that is/is 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 be subject to the condition that their independence and the absence of any conflict 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 be the designer, manufacturer, supplier, installer, buyer, owner, user or Maintenance of the equipment to be evaluated by them or representatives of one of these parties. 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 subsidiary undertakings or subcontractors do not adversely affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

(5) The conformity assessment bodies and their staff shall carry out the conformity assessment activities with the greatest possible professionalism and professional competence in the field in question; they shall not be allowed to: influence, in particular financial, which may affect its assessment or the results of its conformity assessment work, and which, in particular, emanates from persons or groups of persons who are interested in the outcome of the outcome of the 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 those tasks are carried out by the body itself or in Their mission and their responsibilities will be fulfilled. A conformity assessment body must at all times, for each conformity assessment procedure and for each type and category of equipment for which it has been notified, have the following:

1.		the necessary staff, with expertise and sufficient experience, to carry out the tasks of conformity assessment;
2.		Descriptions of procedures according to which the conformity assessment is carried out in order to ensure the transparency and repeatability of these procedures. It shall have appropriate instruments and procedures to distinguish between the tasks which it takes as the notified body and other activities; and
3.		Procedures for carrying out activities, taking due account of the size of a company, the industry in which it operates, its structure, the degree of complexity of the relevant equipment technology and the fact that it is 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 the conformity assessment and access to all necessary equipment, or Facilities.

(7) The staff responsible for carrying out the tasks involved in the conformity assessment shall have the following:

1.		sound professional and vocational training covering all the conformity assessment activities 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 carried out and the appropriate authority to carry out such assessments;
3.		adequate knowledge and understanding of the essential requirements laid down in Annex I, the harmonised standards applicable and the relevant provisions of the European Union's harmonisation legislation and of the national legislation legislation; and
4.		The ability to produce certificates, protocols and reports as proof of assessments carried out.

(8) The impartiality of the conformity assessment body, its senior management levels 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. set up.

(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 in one of the relevant national implementing provisions shall be subject to professional secrecy, except with regard 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.

Presumption of conformity in notified bodies

§ 18. If a conformity assessment body proves that it meets the criteria of the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, it shall be presumed that they shall: Requirements laid down in § 17 shall be complied with in so far as the harmonized standards applicable cover these requirements.

Notification procedure

§ 19. (1) The notifying authority may only notify conformity assessment bodies which meet 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, as well as the confirmation of the competence concerned.

Amendments to the notifications

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

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

Challenge to the competence of notified bodies

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

Obligations of notified bodies in relation to their work

§ 22. The notified bodies shall carry out the conformity assessment in accordance with the conformity assessment procedures referred to in Annex III.

(2) Where a notified body finds that a manufacturer has not complied with the essential requirements laid down in Annex I or in the relevant harmonised standards or other technical specifications, it shall: to ask manufacturers to take appropriate corrective measures and not issue a certificate.

Coordination of notified bodies

§ 23. The notified bodies shall participate, directly or through notified representatives, in the work of a coordination group which shall ensure appropriate coordination and cooperation between the bodies notified under this Regulation. is set up and properly continued by the European Commission in accordance with Article 36 of Directive 2014 /30/EU.

Section 4

Transitional and final provisions

Linguistic equality

§ 24. To the extent that personal names are referred to in this Regulation only in male form, they shall refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

Transitional provisions

§ 25. The market surveillance authorities are allowed to supply 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 placed on the market before 20 April 2016, do not hinder the situation.

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.

Mitterlehner