21 Ordinance of the Federal Minister for science, research and economy on electrical equipment designed for use within certain voltage limits (low-voltage device regulation 2015 - 2015 NspGV)
On the basis of
1 of § 3 para 4 and 6 and § 7 para 1, 5 and 6 of the electrical engineering Law 1992 - 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 purpose of this regulation is to ensure that on the market any electrical equipment meet the requirements, which ensure a high level of protection as regards the health and safety of people and domestic and farm animals, as well as in relation to goods and at the same time to guarantee the functioning of the internal market.
Section 2 (1) this regulation is the 2014/35/CE directive on the harmonisation of legislation of Member States concerning the provision of electrical equipment designed for use within certain voltage limits on the market (recast), OJ No. L 96 of the 29.03.2014 p. 357, transposed into Austrian law. By adhering to the provisions of this regulation, 2014/35/EU is complied with the provisions of the directive.
(2) increased reference to Directive 2006/95/EC on the approximation of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (codified version), OJ No L 374, 27.12.2006 repealed with effect from the 20.04.2016 by the 2014/35/CE directive, p. 10, apply as a reference to the 2014/35/CE directive.
§ 3. This regulation applies to electrical equipment designed for use with a nominal voltage between 50 V and 1000 V for alternating current and between 75v and 1500v DC with the exception of equipment and areas, which are listed in annex II.
Deployment on the market and safety objectives
4. (1) electrical equipment may provided only on the market, if they - are made according to the applicable European Union safety level - that they do not compromise the health and safety of people and domestic and farm animals, as well as goods with a proper installation and maintenance, as well as the intended use.
(2) Annex I contains a summary of the most important information on the safety objectives.
Free movement of goods
§ 5. The market surveillance authority may not impede the deployment of electrical equipment on the market, which comply with this regulation, as regards the aspects covered by this regulation.
§ 6. The electricity supply companies may make dependent on connecting electrical equipment to the network and the supply of electricity not by security requirements, which go beyond the safety objectives according to article 4 and annex I.
Conformity of electrical equipment
Presumption of conformity to the harmonized standards
§ 7. Electrical equipment which comply with harmonised standards or parts thereof, the reference numbers of which have been published in the official journal of the European Union a conformity with the safety objectives is believed according to article 4 and annex I which are covered by the relevant standards or parts thereof.
Presumption of conformity to the international standards
8. (1) where no harmonised standards pursuant to article 7 have been set and published, is also when such electrical equipment, which set international standards meet the security requirements of the International Electrotechnical Commission and published in accordance with paragraph 4, to assume that they match free movement referred to in terms of the provision referred to in section 4 in the market or in relation to the section 5 with the safety objectives of section 4 and annex I.
(2) the security requirements referred to in paragraph 1 be communicated in accordance with article 13 para 2 of Directive 2014/35/EU Member States by the European Commission. The European Commission points out after consultation of the Member States on those safety provisions and especially to those of their variants, publishing she recommends.
(3) the Federal Minister for science, research and industry informs the European Commission within three months any objections to the safety regulations provided pursuant to par. 2 and specifying the technical safety reasons, which prevent the recognition of these provisions.
(4) the sites of safety regulations, no objections were raised against the on the part of the Member States, will be published in accordance with article 13 para 3 of 2014/35/EU directive for information purposes in the official journal of the European Union.
Presumption of conformity to the national standards
§ 9. Are no harmonised standards adopted in accordance with article 7 and was released and no international standards have been published according to § 8 so the market surveillance authority in free circulation referred to in regard to the provision referred to in section 4 in the market or in relation to the section 5 has also such electrical equipment, which have been manufactured according to the safety requirements of the standards applied in the manufacturing Member State , than with the safety objectives according to article 4 and annex I according to believe, that provide a level of safety, which corresponds to the level required in Austria.
EU Declaration of conformity
§ 10 (1) the EU Declaration of conformity stating that the fulfilment of the safety objectives referred to in article 4 and annex I has been demonstrated.
(2) the EU Declaration of conformity corresponds to the model in annex IV in their construction, contains the elements specified in module A annex III and is kept up to date. Electrical equipment that are placed or made available in Austria in traffic, must be written in German language.
(3) an electric is subject to resources several legal provisions of the European Union, where each a EU Declaration of conformity is required, only a single EU conformity declaration for all legislation of the European Union is to exhibit. The relevant legislation 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 that the electrical equipment meets the requirements of this regulation.
General principles of the CE marking
§ 11. 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 12 (1) is the CE marking visibly, legibly and permanently to the electrical equipment or to its data plate to install. If the nature of the electrical equipment does not allow this or does not justify, she shall be affixed on the packaging and accompanying documents.
(2) the CE marking is prior to the placing on the market of the electrical equipment to install.
(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 event of misuse of this marking.
Compliant electrical equipment, which represent a risk
13. (1) the market surveillance authority finds after an assessment in accordance with article 9i, par. 1, ETG in 1992, that an electric constitutes a risk to the health or safety of humans or domestic and farm animals or goods resources, although it complies with this regulation, must urge them the relevant economic operator to take all appropriate measures within a period prescribed by the authority, appropriate to the nature of the risk, acceptable , to ensure that the relevant equipment for its placing on the market no longer has this risk or that of of the market is taken or recalled.
(2) the economic operator has to ensure that the corrective action he takes, extend all affected electrical equipment, that he has provided in the European Union on the market.
(3) the Federal Minister for science, research and economy shall without delay inform the Commission and the other Member States. All available information must emerge from the briefing, in particular, the data for the identification of the relevant electrical apparatus, its origin, its supply chain, the nature of the risk and the nature and duration of national measures taken.
Section 14 (1) without prejudice to article 9i of the ETG 1992 must urge the relevant economic operator the market surveillance authority to correct the non-compliance concerned if it detects one of the following cases:
the CE marking was in non-compliance with article 30 of Regulation (EC) No. 765/2008 or attached by section 12;
2. the CE marking has not been affixed;
3. the EC declaration of conformity was not issued;
4. the EC declaration of conformity has been improperly issued;
5. the technical documentation is either not available or not complete;
6 § 9a paragraph 6 ETG 1992 or section 9c (3) ETG 1992 listed missing, incorrect or incomplete;
7 another requirement is not fulfilled under §§ 9a or 9 c ETG 1992.
(2) the non-compliance referred to in paragraph 1 persists, so the market surveillance authority must take all appropriate measures, to limit the deployment of the electrical equipment on the market or to prohibit or to ensure that it is recalled or withdrawn from the market.
Transitional and final provisions
Linguistic equal treatment
§ 15. 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.
§ 16. The market surveillance authority may not impede the provision of electrical equipment on the market of low-voltage device Regulation 1995 covered which comply with this regulation and were brought before the 20 April 2016 in traffic.
Entry into force
§ 17. This regulation enter into force on the 20th April 2016. At the same time the Ordinance of the Federal Minister for Economic Affairs, on electrical equipment designed for use within certain voltage limits (low-voltage device Regulation 1995 - NspGV 1995), Federal Law Gazette No. 51/1995 override.