Key Benefits:
336. Regulation of the Federal Minister for Science, Research and Economy, which changes the Pressure Equipment Ordinance
Pursuant to § § 3 (3), 6, 19, 22 (1) and (24) of the Kesselgesetz (Kesselgesetz), BGBl. N ° 211/1992, as last amended by the Federal Law BGBl. I No 28/2012, shall be arranged:
The Regulation on Pressure Equipment (Pressure Equipment Regulation-DGMO), BGBl. II No 426/1999, shall be amended as follows:
1. In the title, the title shall be: "Federal Minister for Economic Affairs" by the name "Federal Minister for Science, Research and the Economy" replaced.
2. The promulgation clause is:
" Due to § § 3 (3), 6, 19, 22 (1) and (24) of the Kesselgesetz (Kesselgesetz), BGBl. N ° 211/1992, as last amended by the Federal Law BGBl. I No 28/2012, shall be: "
3. § 1 para. 1 is deleted.
4. § 3 Z 3 to 6 reads:
| " 3. |
Equipment in accordance with Directive 2014 /29/EU on the harmonisation of the laws of the Member States relating to the provision of simple pressure vessels on the market (recast) 1) ; |
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| 4. |
Equipment in accordance with Directive 75 /324/EEC on the approximation of the laws of the Member States relating to aerosol packaging 2 ); |
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| 5. |
Equipment intended for the operation of vehicles, defined by the following Directives and their Annexes: |
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Directive 2007 /46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) 3) ; |
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Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles 4 ); |
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Regulation (EU) No 168/2013 on the approval and market surveillance of two-or three-wheel and four-wheel vehicles 5 ); |
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Equipment which, in accordance with Article 14, would be less than category I and which is covered by one of the following provisions: |
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Directive 2006 /42/EC on machinery and amending Directive 95 /16/EC (recast) 6 ); |
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Directive 2014 /33/EU on the approximation of the laws of the Member States relating to lifts and safety components for lifts (recast) 7 ); |
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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) 8 ); |
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Directive 93 /42/EEC on medical devices 9 ); |
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Directive 2009 /142/EC on gas consumption devices (codified version) 10 ); |
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Directive 2014 /34/EU on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast version) 11 ); " |
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5. The footnotes 1 to 11 belonging to § 3 Z 3 to 6 are:
" 1 ) 1. No. OJ L 96, 29.03.2014 p.45.
2 ) 1. No. OJ L 147 of 09.06.1975 p. 40, as last amended by Directive 2013 /10/EU, OJ L 145, 31.5.2013, p. No. OJ L 77, 20.03.2013 p. 20.
3 ) 1. No. OJ L 263, 09.10.2007 p. 1, as last amended by Regulation (EU) No 540/2014, OJ L 263, 31.10.2007, p. No. OJ L 158 of 27.05.2014 p. 131.
4 ) 1. No. OJ L 60, 02.03.2013 p. 1.
5 ) 1. No. OJ L 60, 02.03.2013 p. 52.
6 ) 1. No. 24, as last amended by Directive 2014 /33/EU, OJ L 157, 9.6.2006, p. No. OJ L 96, 29.03.2014 p.251.
7 ) 1. No. OJ L 96, 29.03.2014 p.251.
8 ) 1. No. OJ L 96, 29.03.2014 p. 357.
9 ) 1. No. OJ L 169 of 12.07.1993 p. 1, as last amended by Directive 2007 /47/EC, OJ L 136, 31.4.2007, p. No. OJ L 247, 21.09.2007 p. 21.
10 ) 1. No. OJ L 330, 16.12.2009 p.10.
11 ) 1. No. OJ L 96, 29.03.2014 P. 309.
6. In § 11 (1), (3) and (4), § 12 (1) and (3), § 13 (1), (2) and (3), § 17, § 19 (2), (4) and (6), § 20 (3) and (5), § 21 (3) and (5), § 22 (3), (9), (10) and (10) (lit). b becomes the name "Federal Minister for Economic Affairs" by the name "Federal Minister for Science, Research and the Economy" replaced.
7. § 14 (2) (1) and (2) reads:
| " 1. |
Group 1 comprises substances and mixtures as defined in Article 2 (7) and (8) of Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 16 ), which are classified as dangerous in accordance with the following classes of physical hazards or health hazards listed in Parts 2 and 3 of Annex I to that Regulation: |
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instable explosive substances/mixtures or explosive substances/mixtures of subcategories 1.1, 1.2, 1.3, 1.4 and 1.5; |
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flammable gases in categories 1 and 2; |
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oxidising gases in category 1; |
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flammable liquids in categories 1 and 2; |
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flammable liquids in category 3 when the maximum permissible temperature is above the flash point; |
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flammable solids in categories 1 and 2; |
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self-decomposable substances and mixtures of types A to F; |
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pyrophoric liquids of category 1; |
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pyrophoric solids of category 1; |
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substances and mixtures which, in contact with water, develop flammable gases, categories 1, 2 and 3; |
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oxidising liquids of categories 1, 2 and 3; |
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oxidising solids of categories 1, 2 and 3; |
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organic peroxides of types A to F; |
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acute oral toxicity, categories 1 and 2; |
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acute dermal toxicity, categories 1 and 2; |
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acute inhalation toxicity, categories 1, 2 and 3; |
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Specific target organ toxicity-unique exposure, category 1. |
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| In addition, Group 1 comprises substances and mixtures contained in pressure equipment, the maximum permissible temperature TS of which lies above the flashpoint of the fluid. |
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| 2. |
Group 2 includes all substances and mixtures which are not mentioned in paragraph 1. " |
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8. The footnote 16 of Section 14 (2) (1) reads as follows:
" 16 ) 1. No. 1, as last amended by Regulation (EU) No 758/2013, OJ L 353, 31.12.2008, p. No. OJ L 216, 10.08.2013 p. 1.
9. In Section 21 (3), the phrase " Accreditation Act-AkkG, BGBl. No. 468/1992 " through the phrase " Accreditation Act 2012 (AkkG 2012), BGBl. I No 28/2012, as amended " replaced.
10. § 24 the following paragraph 3 is added:
" (3) § 14 (2) (1) and (2) in the version of the BGBl Regulation. II No. 336/2014 shall enter into force on 1 June 2015. "
11. In accordance with § 25, the following § 26 shall be added together with the heading:
" Implementation of European Union legal acts
§ 26. The following acts of the European Union shall be implemented by this Regulation:
| 1. |
Directive 97 /23/EC on the approximation of the laws of the Member States relating to pressure equipment, OJ L 327, 31.12. No. OJ L 181 of 09.07.1997 p. 1, as last amended by Regulation (EU) No 1025/2012, OJ L 327, 28.12.2012, p. No. OJ L 316, 14.11.2012 p. 12, and repealed with effect from 19.06.2016 by Directive 2014 /68/EU, OJ L 327, 28.12.2014, p. No. OJ L 189, 27.06.2014 p. 164, and |
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| 2. |
Directive 2014 /68/EU on the harmonisation of the laws of the Member States relating to the provision of pressure equipment on the market (recast), OJ L 206, 22.7.2014, p. No. OJ L 189 of 27.06.2014 p. 164. Pursuant to Article 49 (1) of the penultimate sentence of Directive 2014 /68/EU, it should be noted that references to Article 9 of Directive 97 /23/EC as of 1 June 2015 shall be considered as references to Article 13 of Directive 2014 /68/EU. " |
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