Regulation of the Federal Minister of Science, Research and Economics on electrical equipment for use within certain voltage limits (Low-voltage Equipment Ordinance 2015-NspGV 2015)

Because of

1.		§ 3 (4) and (6) and Section 7 (1), (5) and (6) of the Electrical Engineering Act 1992-ETG 1992, Federal Law Gazette (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 purpose of this Regulation is to ensure that electrical equipment on the market is in conformity with the requirements of a high level of protection of the health and safety of humans and of domestic animals and livestock, and in To ensure the functioning of the internal market at the same time as possible.

Implementation

§ 2. (1) This Regulation provides for Directive 2014 /35/EU on the harmonisation of the laws of the Member States relating to the provision of electrical equipment for use within certain voltage limits on the market (recast), 1. No. OJ L 96, 29.03.2014 p. 357, transposed into Austrian law. Compliance with the provisions of this Regulation shall comply with the provisions of Directive 2014 /35/EU.

(2) References to Directive 2006 /95/EC on the approximation of the laws of the Member States relating to electrical equipment intended for use within certain voltage limits (codified version), OJ L 327, 30.4.2006, p. No. 10., repealed with effect from 20.04.2016 by Directive 2014 /35/EU, shall be deemed to be a reference to Directive 2014 /35/EU.

Scope

§ 3. This Regulation shall apply to electrical equipment for use at a rated voltage of between 50 V and 1000 V for alternating current and between 75 V and 1500 V for direct current, with the exception of the operating resources and ranges listed in Annex II .

Provision on the market and security objectives

§ 4. (1) Electrical operating equipment may be made available on the market only if, in accordance with the state of security technology in force in the European Union, it is manufactured in such a way as to ensure that it is properly installed and that it is installed and installed in the market. Maintenance as well as intended use do not endanger the health and safety of humans and domestic animals and goods as well as goods.

(2) Annex I provides a summary of the main information on safety objectives.

Free movement

§ 5. The market surveillance authority shall not hinder the provision of electrical equipment on the market in accordance with this Regulation with regard to the aspects covered by this Regulation.

Power supply

§ 6. The electricity supply undertakings shall not make the connection of electrical equipment to the network and the supply of electricity subject to safety requirements which go beyond the safety objectives set out in § 4 and Annex I.

Section 2

Conformity of electrical equipment

Presumption of conformity on the basis of harmonized standards

§ 7. In the case of electrical equipment which is in conformity with harmonised standards or parts of which the references have been published in the Official Journal of the European Union, conformity with the safety objectives referred to in Article 4 and Annex I shall be adopted. presumed to be covered by the relevant standards or parts thereof.

Presumption of conformity on the basis of international standards

§ 8. (1) Insofar as no harmonised standards have been established and published in accordance with § 7, such electrical equipment shall also be used to meet the safety requirements laid down by the International Electrotechnical Commission (International Electrotechnical Commission). comply with international standards and have been published in accordance with paragraph 4 of this Article, be deemed to be in the market or in view of the free movement referred to in § 5 with the security objectives of the § § § 4. 4 and Annex I.

(2) The security requirements referred to in paragraph 1 shall be notified to the Member States by the European Commission in accordance with Article 13 (2) of Directive 2014 /35/EU. The European Commission, after consulting the Member States, shall draw attention to the safety provisions and, in particular, to those of its variants, the publication of which it recommends.

(3) Within three months, the Federal Minister for Science, Research and Economic Affairs shall inform the European Commission of any objections to the security provisions submitted pursuant to paragraph 2, giving the reasons for security reasons, that are contrary to the recognition of these provisions.

(4) The references to the security provisions which have not been raised by the Member States shall be published in the Official Journal of the European Union, in accordance with Article 13 (3) of Directive 2014 /35/EU.

Presumption of conformity on the basis of national standards

§ 9. If no harmonized standards have been established and published in accordance with § 7 and no international standards have been published in accordance with Article 8, the market surveillance authority shall have on the market, or in the light of the provision referred to in Article 4, the market or in respect of the free movement referred to in Article 5, such electrical equipment which has been manufactured in accordance with the safety requirements of the standards applied in the issuing Member State, as well as the safety objectives in accordance with § 4 and Annex I, which provide a level of security to which the the level required in Austria.

EU Declaration of Conformity

§ 10. (1) The EU declaration of conformity states that the fulfilment of the safety objectives has been demonstrated in accordance with § 4 and Annex I.

(2) The EU declaration of conformity corresponds in its structure to the specimen in Annex IV, contains the elements specified in Module A in Annex III and shall be kept up to date. It must be written in German in the case of electrical equipment which is placed on the market in Austria or is made available in Austria.

(3) Only one EU declaration of conformity for all the legislation of the European Union is subject to a number of European Union legislation requiring an EU declaration of conformity to be made subject to an EU declaration of conformity. European Union. This declaration shall specify the relevant legislation of the European Union together with its reference in the Official Journal of the European Union.

(4) By issuing the EU declaration of conformity, the manufacturer shall assume responsibility for ensuring that the electrical equipment meets the requirements of this Regulation.

General principles of the CE marking

§ 11. 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

§ 12. (1) The CE marking shall be clearly visible, legible and permanently affixed to the electrical equipment or its data plaque. If the nature of the electrical equipment 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 electrical equipment.

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

Conformant electrical equipment posing a risk

§ 13. (1) In the light of an assessment in accordance with Article 9i (1) of the ETG 1992, the Market Surveillance Authority shall establish that an electrical equipment constitutes a risk to the health or safety of humans or domestic animals or goods, or for goods, although it may be in accordance with this Regulation, it shall require the economic operator concerned to take all appropriate measures to take all appropriate measures within a reasonable time-limit prescribed by the Authority and appropriate for the nature of the risk to ensure that the electrical equipment in question is the placing on the market of this risk is no longer available or that it is withdrawn or recalled from the market.

(2) The economic operator shall ensure that the corrective measures he is taking extend to all the electrical equipment concerned, which he has made available in the European Union on the market.

(3) The Federal Minister for Science, Research and the Economy shall immediately inform the European Commission and the other Member States. The information must be provided with all available information, in particular the data for the identification of the electrical equipment concerned, its origin, its supply chain, the nature of the risk, and the nature and duration of the information. national measures taken.

§ 14. (1) Without prejudice to Article 9i ETG 1992, the Market Surveillance Authority shall require the economic operator concerned to correct the non-compliance in question if it finds one of the following cases:

1.		the CE marking has been affixed in the event of non-compliance with Article 30 of Regulation (EC) No 765/2008 or by Article 12;
2.		the CE marking has not been affixed;
3.		the EU declaration of conformity has not been issued;
4.		the EU declaration of conformity has not been properly issued;
5.		the technical documentation is either not available or is not complete;
6.		the information referred to in Article 9a (6) of the ETG 1992 or Article 9c (3) of the ETG 1992 is missing, is incorrect or incomplete;
7.		A different requirement in accordance with § § 9a or 9c ETG 1992 is not fulfilled.

(2) If the non-compliance referred to in paragraph 1 continues, the market surveillance authority shall take all appropriate measures to restrict or prohibit the provision of the electrical operating medium on the market or to ensure that: that it is recalled or withdrawn from the market.

Section 3

Transitional and final provisions

Linguistic equality

§ 15. 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

§ 16. The market surveillance authority shall not comply with the provisions of this Regulation for the provision of electrical equipment on the market covered by the 1995 Regulation, and shall not be placed on the market prior to 20 April 2016, .

entry into force

§ 17. This Regulation shall enter into force on 20 April 2016. At the same time, the regulation of the Federal Minister for Economic Affairs on electrical equipment for use within certain voltage limits (Low Voltage Equipment Ordinance 1995-NpGV 1995), BGBl. No 51/1995.

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