21. Regulation of the Federal Minister for Science, Research and Economics on electrical equipment for use within certain voltage limits (Low-Voltage Equipment Ordinance 2015-NspGV 2015)
Section 3 (4) and (6) and Section 7 (1), (5) and (6) of the 1992 Electrical Engineering Act-ETG 1992, BGBl. N ° 106/1993, as last amended by the Federal Law BGBl. I n ° 129/2015, and
§ 181 of the MinroG MinroG MinroG, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I No 80/2015,
§ 1. The purpose of this Regulation is to ensure that electrical equipment on the market complies with the requirements of a high level of protection in relation to the Ensuring the health and safety of people and domestic and domestic animals, as well as with respect to goods, while guaranteeing the functioning of the internal market.
§ 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 version), OJ L 327, 28. 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equipment intended for use within certain voltage limits (codified version), OJ L 327, 28.2.2006, p. No. 10., repealed with effect from 20.04.2016 by Directive 2014 /35/EU, shall be deemed to be a reference to Directive 2014 /35/EU.
§ 3. This Regulation applies 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 resources and areas listed in Annex II.
Deployment on the market and security targets
§ 4. (1) Electrical operating equipment may only be made available on the market if it-in accordance with the state of security technology in force in the European Union-so are manufactured in such a way that they do not endanger the health and safety of humans, domestic animals and goods, as well as goods, in the event of proper installation and maintenance, as well as their intended use.
(2) Annex I provides a summary of the most important information on the safety objectives.
Free movement of goods
§ 5. The Market Surveillance Authority may, in respect of the aspects covered by this Regulation, provide for the provision of electrical equipment on the market covered by this Regulation. , do not obstruct.
§ 6. The electricity supply companies are not allowed to make the connection of electrical equipment to the grid and the supply of electricity subject to safety requirements, that go beyond the security objectives set out in § 4 and Annex I.
Electrical Equipment Compliance
Presumption of conformity based on harmonized standards
§ 7. In the case of electrical equipment which is in conformity with harmonized standards or parts of which the references have been published in the Official Journal of the European Union, a Conformance with the safety objectives according to § 4 and Annex I, which are covered by the relevant standards or parts thereof.
Presumption of Compliance based on International Standards
§ 8. (1) Insofar as no harmonized standards have been established and published in accordance with § 7, it is also in the case of such electrical equipment which meets the security requirements of the The International Electrotechnical Commission shall comply with international standards and have been published in accordance with paragraph 4 of this Article to the effect that they shall be deemed to be on the market or in respect of the provision referred to in paragraph 4 above or in respect of the provision in § 5. Free movement with the security objectives of § 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 which it recommends publication.
(3) The Federal Minister for Science, Research and the Economy shall inform the European Commission within three months of any objection to the security provisions referred to in paragraph 2, and shall give the following information: safety reasons, which 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 published.
Presumption of Compliance based on National Standards
§ 9. If no harmonized standards have been established and published in accordance with § 7, and no international standards have been published pursuant to § 8, the market surveillance authority shall have the following information: With regard to the provision on the market referred to in Article 4, or with regard to the free movement referred to in Article 5, such electrical equipment, which shall be applied in accordance with the safety requirements of the Member State in which it is established. standards have been established with the safety objectives referred to in Article 4 and Annex I consistent with a level of safety equivalent to 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 indicated 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) An electrical equipment is subject to a number of European Union legislation, each of which requires an EU declaration of conformity, is only one EU declaration of conformity for all of them To issue European Union legislation. This declaration shall indicate the relevant legislation of the European Union 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 electrical equipment meets the requirements of this Regulation.
General principles of CE marking
§ 11. 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
§ 12. (1) The CE marking is clearly visible, legible, and permanently affixed to the electrical equipment or its data badge. 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 build on existing mechanisms to ensure proper implementation of the CE marking system and, in the event of misuse of the said mechanisms, shall be Marking appropriate steps.
Conformant electrical equipment that represents a risk
§ 13. (1) According to an assessment pursuant to Section 9i (1) of the ETG 1992, the market surveillance authority shall establish that an electrical equipment is at risk for the health or safety of Whereas, although it is in conformity with this Regulation, it must ask the economic operator concerned to comply with the nature of the risk laid down by the Authority; shall take all appropriate measures to ensure that: the electrical equipment concerned no longer has this risk when it is placed on the market or that it is withdrawn or recalled from the market.
(2) The economic operator shall ensure that the corrective measures it takes extend to all the electrical equipment concerned, which it provides 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 Section 9i ETG 1992, the Market Surveillance Authority shall require the economic operator concerned to correct the non-compliance in question if it has one of the following: the following cases:
the CE marking has been identified in violation of Article 30 of Regulation (EC) No 765/2008 , or by § 12;
The CE label was not attached;
The EU Declaration of Conformity has not been issued;
The EU Declaration of Conformity has not been issued correctly;
The technical documentation is either not available or is not complete;
missing the information specified in Section 9a (6) ETG 1992 or § 9c (3) ETG 1992 are incorrect or incomplete;
Another requirement according to § § 9a or 9c ETG 1992 is not satisfied.
(2) If the non-compliance referred to in paragraph 1 continues, the market surveillance authority shall take all appropriate measures to limit the provision of the electrical operating medium on the market or to prohibit or to ensure that it is recalled or withdrawn from the market.
Transitional and Final Provisions
§ 15. As far as personal names are listed in this Regulation only in male form, they refer to women and men in the same way. The gender-specific form is to be used in the application to specific persons.
§ 16. The Market Surveillance Authority may provide for the provision of electrical equipment on the market covered by the Low Volts Ordinance in 1995, this Regulation , and were placed on the market before 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.