Pressure Equipment Act

Original Language Title: Druckgerätegesetz

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161. Federal Law on the Safety of Devices under Pressure (Pressure Equipment Act)

The National Council has decided:

table of contents

Section 1
General provisions

§ 1

Purpose

§ 2

Definitions

§ 3

Scope

Section 2
Nature and marketing

§ 4

Essential safety requirements for the nature and conformity assessment

§ 5

Conformity assessment procedures for placing on the market

§ 6

Declaration of conformity and conformity marking

§ 7

Marketing

§ 8

Authorisation

Section 3
Economic operators

§ 9

Obligations of producers

§ 10

Obligations of the Plenipotentiaries

§ 11

Obligations of the importer

§ 12

Obligations of traders

§ 13

Obligations of the owners

§ 14

Obligations of operators

§ 15

Circumstances under which the manufacturer ' s obligations shall also apply to importer and trader

§ 16

Identification of economic operators

§ 17

Authorisation

Section 4
Conformity assessment bodies

§ 18

Placing on the market

§ 19

Inspection bodies for the operating phase

§ 20

Operator inspection bodies

Section 21

Operational audit services

Section 22

Accreditation

Section 23

Presumption of conformity for conformity assessment bodies

§ 24

Authority

Section 25

Authorisation

Section 5
Notification of conformity assessment bodies

Section 26

Notifying Authority

§ 27

Information to be provided by the notifying authority

§ 28

Branch companies of conformity assessment bodies and subcontracting

§ 29

Request for notification

§ 30

Notification procedure

Section 31

Amendment of the notification

Section 32

Challenge to the competence of notified bodies

§ 33

Obligations of notified bodies with regard to their activities

Section 34

Complaints against notified bodies

§ 35

Coordination of notified bodies

§ 36

Recognition of conformity assessments and inspections of foreign bodies

Section 37

Notification of technical services

§ 38

Authorisation

6.
Market surveillance and protection of the protection of the environment

§ 39

Market surveillance

§ 40

Market surveillance and international data exchange

Section 41

Process for the treatment of pressure-carrying equipment with which there is a risk

§ 42

European Union protection policy

Section 43

Compliant print-leading devices that pose a risk

Section 44

Formal non-compliance

§ 45

Authorisation

Section 7
General safety provisions

Section 46

Installation of pressure-bearing devices with high risk potential

§ 47

Print Review

§ 48

Commissioning of pressure-carrying equipment with high risk potential

§ 49

Filling of pressure-carrying equipment

§ 50

First audit

Section 51

Repairs and changes

Section 52

Authorisation

8. Section
Recurrent investigation

Section 53

Principles

§ 54

Procedure

§ 55

Surveillance in accordance with special provisions

§ 56

Monitoring according to test levels

Section 57

Monitoring according to risk-based inspection

Section 58

Monitoring according to special validator

§ 59

Transportable pressure equipment

§ 60

Power gas tanks

Section 61

Low-risk devices

Section 62

Reoperation

§ 63

Recurrent investigations in another Member State

Section 9
General provisions of enforcement

Section 64

Exceptional cases

Section 65

Liability

Section 66

Coverage

Section 67

Statistics

Section 68

Criminal provisions

Section 69

Enforcement

Section 10
Final provisions

Section 70

entry into force

Section 71

Override

Section 72

Retributions

Section 73

Existing authorisations

Section 74

References

§ 75

Linguistic equality

Section 76

Acts of the European Union

Annex I

Requirements for conformity assessment bodies

Part 1: General requirements

Part 2: Conformity assessment bodies for placing on the market

Part 3: Inspection bodies for the operating phase

Part 4: Operator inspection bodies

Part 5: Branch companies of conformity assessment bodies and subcontracting

Annex II

Obligations of conformity assessment bodies

Section 1

General provisions

Purpose

§ 1. This law lays down safety requirements and measures for pressure-carrying equipment for the protection of the life and health of persons as well as property. In the case of steam boilers, it is also necessary to consider the optimum use of energy.

Definitions

§ 2. (1) This federal law designates the expression

1.

"Container" means a closed component designed and constructed to receive pressurized fluids, including the directly attached parts, to the device for connection to other devices. A container may have several pressure spaces;

2.

"pipelines" within the meaning of Directive 2014 /68/EU for the passage of fluids, certain line components which are connected to one another for installation in a printing system. Pipelines include, in particular, pipes or pipe systems, pipe fittings, fittings, expansion pieces, hose lines or, if necessary, other pressure-holding parts;

3.

"pressure equipment" within the meaning of Directive 2014 /68/EU containers, piping, safety equipment and pressure-holding equipment, including, where appropriate, pressure-bearing parts, such as flanges, connectors, Couplings, carrying elements, lifting eyes;

4.

"assemblies" within the meaning of Directive 2014 /68/EU means a number of pressure equipment, which are linked by a manufacturer to a coherent functional unit;

5.

"simple pressure vessels" means those in accordance with Directive 2014 /29/EU;

6.

"transportable pressure equipment" means those according to Directive 2010 /35/EU;

7.

"Aerosol packaging" means those according to Directive 75 /324/EC;

8.

"steam boiler" means an assembly containing containers or pipes which are at risk of overheating and which are not at risk of overheating, or the combination thereof, including their equipment, and which is fired or otherwise heated and has the purpose of:

a)

steam of higher than atmospheric pressure, or

b)

Water of a temperature above 110 ° C (hot water boiler) for the purpose of use outside this arrangement

to create. The steam boiler also includes superheater, recoolers and their equipment in the flue gas stream;

9.

"pressure-carrying equipment" means the collective term for equipment in accordance with Article 3 (1) (1) (1) to (7);

10.

"hazard potential" means a measure of the energy stored in pressure-carrying equipment for the classification of pressure-carrying equipment with respect to its conformity assessment and safety requirements. The pressure-carrying devices are classified into categories after increasing danger potential and a distinction is made between pressure-carrying devices with low and high risk potential. The classification shall be the pressure, temperature, volume or diameter of the device, the risk of overheating of the walls, the type of use envisaged, and the characteristics of the stored fluid;

11.

"ADR" the European Convention on the International Carriage of Dangerous Goods on the Road, BGBl. No 522/1973, together with annexes in the version in force in accordance with international law and published in the Federal Law Gazans;

12.

"RID" the Convention on International Carriage by Rail (COTIF), BGBl. No 225/1985, Annex C-Order for the International Carriage of Dangerous Goods by Rail (RID), together with the installation, in accordance with international law, as published in the Federal Law Gazans (Bundesgesetzblatt);

13.

"ADN" the European Convention on the International Carriage of Dangerous Goods on Inland Waterways (ADN), BGBl. III n ° 67/2008, together with annexes in the version in force in accordance with international law and published in the Federal Law Gazans;

14.

"UNECE Regulations" means the provisions of the United Nations Economic Commission for Europe Convention (UNECE), which are incorporated into Union law by means of acts of the European Commission;

15.

"making available on the market" means any supply of a printing device for distribution, consumption or use on the market of the European Union in the course of a business activity, whether in return for payment or free of charge;

16.

"placing on the market" means the first-time provision of a pressure-carrying device on the European Union market;

17.

"commissioning" means the first use by its user of a pressure-carrying device;

18.

"manufacturer" means any natural or legal person who produces or manufactures a pressure-carrying device and which markets this product under its own name or trade name;

19.

"authorised representative" means any natural or legal person established in the European Union who has been instructed in writing by a manufacturer to carry out certain tasks on his behalf;

20.

"importer" means any natural or legal person established in the European Union who places on the market of the European Union a pressure-carrying equipment from a third country;

21.

"trader" means any natural or legal person in the supply chain who provides a pressure-carrying device on the market, with the exception of the manufacturer or the importer;

22.

"owner" means any natural or legal person who has the right of ownership of printing equipment;

23.

"operator" means any natural or legal person who uses pressure-carrying equipment;

24.

"economic operators" means the manufacturer, the authorised representative, the importer, the trader, the owner and the operator;

25.

"technical specification" means a document which requires the technical requirements to be met by a printable device, a process or a service;

26.

"Harmonised standard" in accordance with Article 2 (1) (lit). (c) Regulation (EU) No 1025/2012, a European standard, adopted on the basis of a mandate from the Commission for the implementation of Union harmonisation legislation;

27.

"accreditation" means a confirmation by a national accreditation body that a conformity assessment body must comply with the requirements laid down in harmonised standards and, where appropriate, additional requirements, including those in relevant sectoral accreditation systems in order to carry out a specific conformity assessment activity;

28.

"National Accreditation Body" shall be the only body in a Member State which carries out accreditation on behalf of that State;

29.

"conformity assessment" means the procedure for assessing whether the requirements of this Act and of the associated regulations have been met by a printable device, a procedure, a service or a system;

30.

"recall" means any measure aimed at the effect of the return of a pressure-carrying device already provided to the consumer;

31.

"withdrawal" means any measure intended to prevent the supply of a printed product in the supply chain on the market;

32.

"CE marking" means the marking by which the manufacturer declares that the pressure-carrying device satisfies the applicable requirements laid down in the European Union's harmonisation legislation on its affixing;

33.

"European Union harmonisation legislation"-European Union legislation harmonising the conditions for the marketing of products.

(2) In addition to paragraph 1, the definitions of the regulations adopted pursuant to sections 3 (4), 8, 17, 25, 34 (3), 38, 39 (8), 45, 52, 55 (1), 56 (1), 57 (2), 58 to 62, 66 and 67 (3) shall apply in accordance with the provisions of the European Convention pursuant to paragraph 1 (1) of the Treaty. 11 to 14 definitions given in the context of pressure-carrying equipment.

Scope

§ 3. (1) This federal law shall apply to the following pressure-carrying equipment:

1.

Pressure equipment and assemblies according to § 2 (1) (3) and (4) and simple pressure vessels according to § 2 (1) (5);

2.

Transportable pressure equipment pursuant to Article 2 (1) (6);

3.

Aerosol packaging according to § 2 (1) Z 7;

4.

Gas tanks, including their equipment, in accordance with the UNECE Regulations concerning the filling, periodic checks, repairs and modifications, the designation of technical services and market surveillance ;

5.

Housing for electrical switchgear with a maximum permissible pressure of more than 0.5 bar, including its equipment, with regard to the installation, putting into service, periodic inspections and market surveillance;

6.

steam boilers, pressure equipment and assemblies, simple pressure vessels and power tanks, which may be lawfully operated at the date of entry into force of this Federal Law and not fall under Z 1 or 4;

7.

Vessels and tanks for the transport of gases covered by the ADR, RID or ADN are not covered by Z 2 and may be lawfully operated at the date of entry into force of this Federal Act.

(2) This Act shall apply in relation to the pressure equipment referred to in paragraph 1 (1) (1) (1) to (3) in respect of the following subject areas:

1.

nature,

2.

Manufacture,

3.

verification and conformity assessment,

4.

market and placing on the market,

5.

Commissioning and re-commissioning,

6.

Establishment,

7.

operation, including filling,

8.

Repair and modifications,

9.

recurrent investigations,

10.

market surveillance,

11.

Assessment and monitoring of manufacturer's premises and filling stations,

12.

Authorization and notification of conformity assessment bodies in accordance with § § 18 to 20 and approval of operating audit services in accordance with § 21.

(3) This Act shall apply in relation to the pressure equipment referred to in paragraph 1 (1) (6) and (7) in respect of the following subject areas:

1.

Commissioning and re-commissioning,

2.

Establishment,

3.

operation, including filling,

4.

Repair and modifications,

5.

recurrent investigations,

6.

market surveillance,

7.

Assessment and monitoring of filling stations,

8.

Authority of conformity assessment bodies in accordance with § § 19 and 20 and approval of operating audit services in accordance with § 21.

(4) If, on the basis of a particular design, the qualification of a device is doubtful as a pressure-carrying device in accordance with paragraph 1, the decision shall be taken, at the request of the Federal Ministers for Science, Research and Economic Affairs, taking into account the respective requirements. the operating mode and operation. The Federal Minister for Science, Research and Economics of the Federal Republic of Germany's Federal Minister for Science, Research and Economics will be able to carry out qualifications and allocations of significance beyond the individual

(5) The provisions of this Federal Act shall not apply to:

1.

Pressure-carrying equipment under the supervision of military units as parts of military weapons systems;

2.

Gas pipeline systems according to Gaswirtschaftsgesetz 2011-GWG 2011, BGBl. I No 107/2011, as transmission lines within the meaning of Article 1 (2) (lit). a of Directive 2014 /68/EU, with the exception of standard pressure equipment;

3.

Piping according to pipe law, BGBl. No 411/1975, as transmission lines within the meaning of Article 1 (2) (lit). a of Directive 2014 /68/EU, excluding standard pressure equipment.

Section 2

Nature and marketing

Essential safety requirements for the nature and conformity assessment

§ 4. (1) Printing equipment must be designed, manufactured, checked and, where appropriate, equipped and installed in such a way as to ensure its safety, in accordance with the information provided by the manufacturer or at reasonable discretion. foreseeable conditions are put into operation.

(2) The manufacturer is obliged to carry out an analysis of the hazards and risks in order to identify the pressure hazards and risks associated with the pressure-carrying device. It must then design and build the device, taking into account its analysis.

(3) In the choice of the most appropriate solutions, the manufacturer shall observe the following principles, in the order indicated:

1.

the elimination or reduction of the risks, to the extent that it is reasonably possible;

2.

the application of appropriate protective measures against hazards which are not to be eliminated;

3.

inform users, where appropriate, of the residual hazards and indications of appropriate special measures to reduce the risks associated with installation and use.

(4) If the possibility of improper use is known or foreseeable, the pressure-carrying equipment shall be designed in such a way as to prevent the risk arising from such use or, if this is not possible, before an improper use of the equipment. The use of the pressure-carrying device is appropriately warned.

(5) The conformity of pressure-carrying equipment with the harmonisation legislation of the European Union shall be demonstrated by means of the conformity assessment procedures referred to therein.

(6) If essential safety requirements are specified in regulations in accordance with § 8, they must be interpreted and applied in such a way that the state of the art and the practice at the time of conception and manufacture as well as the technical and technical aspects of the technical and technical aspects of the safety and the economic considerations, which are compatible with a high level of protection of health and safety.

(7) In the case of pressure-carrying equipment in accordance with Article 3 (1) (1) (1), which comply with harmonised standards or parts thereof, the references of which are published in the Official Journal of the European Union, conformity with the essential elements shall be: Safety requirements covered by the relevant standards. For pressure-carrying equipment according to § 3 (1) Z 2, the respective security requirements of the ADR, RID or ADN shall apply instead of the sections 2, 3 and 6.

Conformity assessment procedures for placing on the market

§ 5. Before placing on the market, pressure-carrying equipment shall be subject to a conformity assessment procedure in accordance with Article 3 (1) (1), (2) and (3). The conformity assessment procedures shall determine the testing, inspection and certification tasks of the manufacturer and the conformity assessment body. Higher risk potentials require more expensive quality assurance measures or more extensive inclusion of conformity assessment bodies in the conformity assessment procedure.

Declaration of conformity and conformity marking

§ 6. (1) Printing devices according to § 3 (1) (1) (1) must be accompanied by an EU declaration of conformity confirming compliance with the relevant European Union legislation, provided that an EU declaration of conformity for the equipment is mandatory. It must be carried out in German, provided that the pressure-carrying device in Austria is made available on the market.

(2) Underlying devices are subject to several European Union legislation requiring an EU declaration of conformity in each case, and only one EU declaration of conformity is to be issued for all EU legislation. This declaration shall specify the relevant legislation of the European Union together with its reference in the Official Journal.

(3) By issuing the EU declaration of conformity, the manufacturer shall assume the responsibility for the conformity of the pressure-carrying device with the relevant legislation of the European Union, provided that an EU declaration of conformity for the Device is required.

(4) In accordance with Article 3 (1) (1), (2) and (3), pressure-carrying equipment shall be marked with a conformity marking which serves to confirm the conformity of the instrument with the applicable harmonisation rules of the European Union.

Marketing

§ 7. Equipment which is supplied or placed on the market in Austria and which is intended for use in Austria shall comply with the provisions of this Act and the regulations adopted for that purpose. In the case of equipment within the scope of harmonisation legislation which is made available on the market or placed on the market by Austrian economic operators in the European Economic Area, and which is intended for use in the European Economic Area Specific provisions of the Member State of destination must be taken into account in accordance with the specific provisions of the Member State of destination.

Authorisation

§ 8. More detailed rules on the nature, manufacture, verification, conformity assessment, quality assurance measures, conformity assessment, declaration of conformity, conformity marking, supply on the market and placing on the market of The Federal Minister of Science, Research and the Economy can enact print-leading devices with a regulation. These provisions shall be laid down for pressure-carrying equipment within the scope of harmonisation legislation or European conventions in accordance with those provisions.

Section 3

Economic operators

Obligations of producers

§ 9. (1) When the equipment is placed on the market, the manufacturers shall ensure that they have been designed and manufactured in accordance with the applicable legal requirements.

(2) Manufacturers shall draw up the necessary technical documentation and have the conformity assessment procedure to be applied be carried out or have been carried out. Where it has been demonstrated by this procedure that the product complies with the applicable requirements, manufacturers shall, where necessary, issue an EU declaration of conformity in accordance with Article 6, and shall affix a conformity marking.

(3) Manufacturers shall have to draw up the technical documentation and, where appropriate, the EU declaration of conformity for a period of time appropriate to the product life cycle and the severity of the risks following the placing on the market of the pressure-carrying equipment for the competent authorities.

(4) Manufacturers must ensure, by means of appropriate procedures, that conformity is always ensured in the manufacture of pressure-carrying equipment. Changes to the design of the printing device or its characteristics, as well as changes in the harmonised standards or other technical specifications referred to in the declaration of conformity of a pressure-carrying device shall be subject to the following conditions: appropriate consideration.

(5) In the event that this is considered appropriate in the light of the risks associated with a pressure-carrying device, manufacturers shall have samples of, in order to protect the health and safety of consumers and other users, samples of to carry out tests on the market, to carry out tests, to carry out, where necessary, a list of complaints concerning non-compliant pressure-carrying equipment and recalls of such pressure-carrying equipment, and to carry out the inspection of the equipment to keep this monitoring up to date.

(6) Manufacturers must ensure that their pressure-carrying equipment has a type, batch or serial number or a different identifier for their identification, or, if this is not due to the size or nature of the device to be printed, it is possible to provide the necessary information on the packaging or in the documents attached to the pressure-carrying device.

(7) Manufacturers shall have their name, registered trade name or registered trade name, as well as for printing equipment according to § 3 (1) (1), the postal address under which they can be reached, either on the pressure-carrying device itself. or, where this is not possible, on the packaging or in the documents attached to the pressure-carrying device. The postal address must specify a central location under which the manufacturer can be contacted. The contact details are to be written in a language which can easily be understood by consumers, other users and market surveillance authorities.

(8) Manufacturers must ensure that the pressure-carrying equipment is accompanied by the operating instructions, with the exception of pressure-carrying equipment in accordance with § 3 (1) (3) (3) (3) and the safety information. Such operating instructions and safety information must be clear, understandable and clear. The required information shall be provided in German, provided that the pressure-carrying equipment is intended for commissioning in Austria.

(9) Manufacturers who are of the opinion or have reason to believe that a pressure-carrying device placed on the market does not comply with the applicable harmonisation rules of the European Union shall immediately have the necessary To take corrective measures to ensure the conformity of this pressure-carrying device or to withdraw or recall it if necessary. In addition, where risks are associated with the pressure-carrying device, manufacturers shall, without delay, have the competent national authorities of the Member States in which they have provided the printing device on the market to: and to provide detailed information, in particular on the non-compliance and the corrective measures taken.

(10) Manufacturers shall, at the request of the competent authority or in order to comply with the obligations laid down in § 12, have the dealers who distribute their product, at their reasonable request, all the information and documents necessary for the proof of conformity of the required by this law, in a language that can easily be understood by this authority or by the dealers. This information and documents may be provided on paper or in electronic form. They shall cooperate with that authority, at the request of that authority, in all measures for the control of risks associated with the pressure-carrying equipment which they have placed on the market.

Obligations of the Plenipotentiaries

§ 10. (1) A manufacturer may designate an authorised representative in writing. The obligations pursuant to § 9 para. 1 and the preparation of the technical documentation pursuant to § 9 para. 2 may not be part of the order of an authorized representative.

(2) An authorised representative shall carry out the tasks defined on behalf of the manufacturer. The contract shall allow the authorised representative to carry out at least the following tasks:

1.

Following the placing on the market of the EU declaration of conformity and the technical documentation necessary for the competent authority, where appropriate, for a period after the product life cycle and the severity of the endangerment of the product, the pressure-carrying device;

2.

the submission of all the necessary information and documents proving the conformity of a pressure-carrying device on the basis of a reasoned request from a competent authority;

3.

Cooperation with the competent authority in all actions which are part of the mandate of the authorised representative, in order to control the risks associated with pressure-carrying equipment.

Obligations of the importer

§ 11. (1) The importer may place only conformable pressure-carrying equipment on the market.

(2) Before placing a pressure-carrying device on the market, the importer shall ensure that the conformity assessment procedure in question has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the pressure-carrying device is provided with the conformity marking in accordance with § 6, that it may, where appropriate, provide the operating instructions and the safety information. , and that the manufacturer has complied with the requirements laid down in Article 9 (6) and (7).

(3) Where an importer is of the opinion or has reason to believe that a pressure-carrying device does not comply with the legal requirements, he shall not place this printer on the market before it has been brought into conformity is. If a risk is associated with the pressure-carrying device, the importer shall inform the manufacturer and the market surveillance authorities thereof.

(4) The importer shall have their name, registered trade name or registered trade mark and for printing equipment according to § 3 (1) (1) the postal address under which they can be reached, either on the pressure-carrying device itself. or, where this is not possible, on the packaging or in the documents attached to the pressure-carrying device. The contact details are to be written in a language which can easily be understood by consumers, other users and market surveillance authorities.

(5) The importer shall ensure that the pressure-carrying equipment is accompanied by the operating instructions, except in the case of pressure-carrying equipment in accordance with § 3 (1) Z 3, and the safety information. Such operating instructions and safety information must be clear, understandable and clear. The required information shall be provided in German, provided that the pressure-carrying equipment is intended for commissioning in Austria.

(6) As long as a pressure-carrying device is in its responsibility, the importer shall ensure that the storage or transport conditions do not comply with the conformity of the pressure-carrying device with the relevant requirements. damage.

(7) In the event that this is considered to be appropriate in the light of the risks associated with a pressure-carrying device, the importer shall have the responsibility of the importer, or if the competent authorities request a reasoned request to protect the health and safety of the health and safety of the person concerned. to take samples of equipment supplied on the market, to carry out tests, where necessary, a list of complaints, non-conforming pressure equipment and the safety of the consumer and other users; To call back such pressure-carrying equipment and to return the dealers to all shall be kept informed of such surveillance measures.

(8) The importer who considers or has reason to believe that a pressure-carrying device placed on the market does not comply with the applicable harmonisation rules of the European Union shall immediately have the necessary To take corrective measures to ensure the conformity of this pressure-carrying device or to withdraw or recall it if necessary. In addition, if risks are associated with the printing device, the importer shall immediately inform the competent national authorities of the Member States in which they have provided the printing device on the market to inform the and to provide detailed information, in particular on the non-compliance and the corrective measures taken.

(9) The importer shall have a copy of the EU declaration of conformity for the period following the placing on the market of the pressure-carrying device, appropriate to the product life cycle and the severity of the endangering period, after the product has been placed on the market. to provide market surveillance authorities and to ensure that they are able to submit the technical documentation to the authorities on request.

(10) The importer shall, at the request of the competent authority or in order to comply with the obligations laid down in § 12, have the dealers who distribute their product, at their reasonable request, all the information and documents necessary for the proof of conformity of the are required to be handed out in a language which can easily be understood by this authority or by the dealers. This information and documents may be provided on paper or in electronic form. They shall cooperate with that authority, at the request of that authority, in all measures to control the risks associated with the pressure-carrying equipment which they have placed on the market.

Obligations of traders

§ 12. (1) The dealers shall take due care of the applicable requirements with due care if they provide a pressure-carrying device on the market.

(2) Before providing a printing device on the market, dealers shall verify that the printing device is provided with the conformity marking in accordance with § 6, whether the required documents and the operating instructions are provided to it; except in the case of pressure-carrying equipment in accordance with § 3 (1) Z 3, and the safety information is attached. The required information shall be provided in German, provided that the pressure-carrying equipment is intended for commissioning in Austria. Furthermore, he has to check whether the manufacturer and the importer have fulfilled the requirements of § 9 (6) and (7) as well as § 11 (4).

(3) If a trader is of the opinion or has reason to believe that a printable device does not comply with the legal requirements, he may not provide it on the market before its conformity is established. Where a risk is associated with the printing device, the distributor shall also inform the manufacturer or importer, as well as the market surveillance authorities, of such risk.

(4) As long as a pressure-carrying device is in its responsibility, distributors shall ensure that the storage or transport conditions do not comply with the conformity of the pressure-carrying device with the essential safety requirements. damage.

(5) Traders who are of the opinion or have reason to believe that a printable device supplied by them on the market does not comply with the applicable harmonisation rules of the European Union shall immediately have the following: shall take the necessary corrective measures to ensure the conformity of this pressure-carrying equipment or, where appropriate, to withdraw it or recall it. In addition, if risks are associated with the printing device, dealers shall immediately inform the competent national authorities of the Member States in which they have provided the printing device on the market to: and to provide detailed information, in particular on the non-compliance and the corrective measures taken.

(6) distributors shall, at the request of the competent authority, provide the competent authority with all the information and documents necessary for the verification of the conformity of a pressure-carrying device in a language which is required by that authority. can be easily understood. This information may be provided on paper or in electronic form. They shall cooperate with this authority, at their request, in all measures to control the risks associated with the pressure-carrying equipment they have provided on the market.

Obligations of the owners

§ 13. (1) If an owner is of the opinion or has reason to believe that printing equipment does not comply with this law, he may not provide or operate these pressure-carrying equipment on the market before its conformity is established.

(2) If a pressure-carrying device is not sufficiently safe for operation or a damage event occurs on a pressure-carrying device, the owner shall, where appropriate, have the inspection body responsible for the recurrent investigations. . In the event of a damage event, the owner and the inspection body shall also inform the market surveillance authority.

(3) The owner has to document all cases of non-compliance and all corrective measures.

(4) As long as the pressure-carrying equipment is in its responsibility, the owner shall ensure that the conformity of the equipment with the requirements of this law is not due to the storage, transport, or operating conditions. shall be affected.

(5) The information provided by the owner to the operator shall be in accordance with the requirements laid down in this Law.

(6) The provisions of paragraphs 2 to 5 shall not apply to private persons who use pressure-carrying equipment in accordance with § 3 (1) Z 1 and 6 with a low risk potential and pressure-carrying equipment in accordance with § 3 (1) Z 2, 3 and 7 for private or domestic use or for leisure time. or use sports waking to operate or operate.

Obligations of operators

§ 14. (1) The operator may only operate pressure-carrying equipment which complies with the legal requirements.

(2) Pressure-carrying equipment shall be operated in accordance with the operating instructions, to be waited and, if necessary, to be checked periodically.

(3) If the safety is impaired during operation, the safety measures must be taken immediately and, if necessary, the defective pressure-carrying device must be taken out of service.

(4) If a pressure-carrying device is not sufficiently safe for operation or if a damage event occurs at a pressure-carrying device, the operator shall inform the owner.

(5) In accordance with § § 50 to 58 as well as 61 and 62, the operator has, if necessary, the supervision of the pressure-carrying equipment in accordance with § 3 (1) Z 1, 5 and 6 according to the applicable legislation pursuant to § 72 or pursuant to this law Regulations to be made.

(6) If, in accordance with paragraph 5, the monitoring of pressure-carrying equipment is required, the operator shall prepare the pressure-carrying equipment in a proper manner for the purpose of carrying out the monitoring, in order to ensure that the equipment is kept as unrestricted as possible and without endangering the Test personnel or other persons can be carried out. After a pressure test, it has to ensure that the pressure is reduced in a proper way.

(7) Paragraph 1 to 6 shall apply to private persons, the pressure-carrying equipment in accordance with § 3 (1) Z 1 and 6 with a low risk potential and pressure-carrying equipment in accordance with § 3 (1) Z 3 for private or domestic use or for leisure or sports purposes , intend to operate or operate, only with regard to compliance with the provisions of paragraphs 2 and 3.

Circumstances under which the manufacturer ' s obligations shall also apply to importer and trader

§ 15. A importer or distributor shall be deemed to be a manufacturer and shall be subject to the obligations of a manufacturer if he places a pressure-carrying device on the market under his or her own name or trade mark or is already on the market The pressure-carrying device is modified in such a way that conformity with the requirements of this law can be compromised.

Identification of economic operators

§ 16. Economic operators shall designate, at the request of the market surveillance authority, economic operators, at the request of a period appropriate to the product life cycle and the seriousness of the risks involved,

1.

that they related to a print-carrying device, and

2.

to which they have delivered a pressure-carrying device.

Authorisation

§ 17. The Federal Minister for Science, Research and the Economy may adopt product-specific provisions by means of a regulation concerning the obligations of economic operators in accordance with § § 9 to 16.

Section 4

Conformity assessment bodies

Placing on the market

§ 18. (1) Notified bodies for placing on the market shall be independent third parties. They shall carry out the conformity assessment activities and authorisations of personnel and work procedures relating to the placing on the market and with repairs or changes for equipment in accordance with § 3 (1) (1) (1) (1). They may take up their activities within the scope of harmonisation legislation only on the basis of a notification. The bodies have the requirements of Annex I Parts 1, 2 and 5, and Annex II .

(2) Recognised independent bodies pursuant to Art. 24 of Directive 2014 /68/EU are independent third parties. They shall carry out authorisation of personnel and working procedures in connection with the placing on the market and with repairs or alterations in accordance with § 3 (1) (1) (1) (1) (1) of the printing equipment. They may take up their activities within the scope of harmonisation legislation only on the basis of a notification. The bodies have the requirements of Annex I Parts 1 and 5 and the Annex II .

(3) Inspection bodies for placing on the market shall be independent third parties. They shall carry out conformity assessment activities and monitoring of operational audit services in connection with the placing on the market and with repairs or changes for equipment in accordance with § 3 (1) (2) (2) (2) of the conformity assessment. They may take up their activities within the scope of harmonisation legislation only on the basis of a notification. In accordance with the scope of their powers, they shall comply with the requirements of the European conventions referred to in Article 2 (1) (1) (1) to (13) and the Annex II .

(4) Technical services for the placing on the market shall carry out conformity assessment activities in connection with the placing on the market and with repairs or alterations in accordance with § 3 (1) Z 4 of the Directive. In accordance with the scope of their powers, they shall comply with the requirements of the European conventions referred to in Article 2 (1) (1) (1) to (13) and the Annex II .

Inspection bodies for the operating phase

§ 19. (1) Inspection bodies for the operating phase of pressure-carrying equipment in accordance with § 3 (1) Z 1, 5 and 6 shall be independent third parties and shall carry out conformity assessment activities relating to installation, commissioning, operation, re-commissioning, Repairs and changes. The bodies have the requirements of Annex I Parts 1, 3 and 5 and the Annex II .

(2) Inspection bodies for the operating phase of pressure-carrying equipment in accordance with Article 3 (1) (2) and (7) shall be independent third parties and shall carry out conformity assessment activities and monitoring of operational audit services in connection with commissioning, Operation, re-commissioning, repairs or changes. They may take up their activities within the scope of harmonisation legislation only on the basis of a notification. In accordance with the scope of their powers, they shall comply with the requirements of the European conventions referred to in Article 2 (1) (1) (1) to (13) and the Annex II .

Operator inspection bodies

§ 20. (1) Market operators shall work exclusively for the group of companies to which they belong. This group of undertakings shall apply a common security policy with regard to technical design, production, control, maintenance and use conditions for pressure-carrying equipment and assemblies. Operator inspection bodies shall carry out conformity assessment activities in connection with the placing on the market of pressure-carrying equipment in accordance with § 3 (1) Z 1, with the exception of simple pressure vessels. They may only take up their duties on the basis of a notification. Pressure-carrying equipment whose conformity has been assessed by an operator's inspection body shall not bear the CE marking. Operator inspection bodies shall, in accordance with their powers, meet the requirements of: Annex I Parts 2, 4 and 5 and the Annex II .

(2) Inspections for inspections in the operating phase shall be carried out exclusively for the group of companies which belong to them. This group of undertakings shall apply a common security policy with regard to the monitoring, maintenance and use conditions of pressure-carrying equipment and assemblies. They carry out inspections and tests required for the inspection of pressure-carrying equipment in accordance with § 3 (1) Z 2 and 7. They may take up their activities within the scope of harmonisation legislation only on the basis of a notification. In accordance with the scope of their powers, they shall comply with the requirements of the European conventions referred to in Article 2 (1) (1) (1) to (13) and the Annex II .

Operational audit services

§ 21. (1) In accordance with Section 18 (3) or by inspection bodies for the operating phase according to § 19 (2), operating-side inspection services for pressure-carrying equipment in accordance with § 3 (1) Z 2 and 7 shall be provided by inspection bodies for the placing on the market according to Article 18 (3) or by inspection bodies for the operating phase. Inspection and monitoring activities (placing on the market and operating phase) are authorised. They shall be supervised by the body which has approved them and shall carry out their activities, which shall not cover all the tasks of inspection and surveillance activities, in their responsibility. In accordance with their scope of authority, they shall comply with the requirements of the European conventions referred to in Article 2 (1) (1) (11) to (13) of the European Convention on operational audit services and Annex II . Inspection bodies for the placing on the market or inspection bodies for the operating phase, which permit operational testing services, shall inform the notifying authority in accordance with Section 26 above.

(2) Operational test services which carry out inspections during the operating phase on pressure-carrying equipment in accordance with § 3 (1) Z 1, 5 and 6 shall be approved by inspection bodies in accordance with section 19 (1). The prerequisite for the approval is a minimum of five years of cooperation in the monitoring of pressure-carrying equipment between the inspection body, which allows the inspection service and the operation, which wants to establish the test service. Operational audit services shall be monitored by the authority which has approved them and shall carry out their activities, which shall not cover all the tasks of the inspection activities, in their responsibility. They shall, in accordance with their powers, comply with the requirements corresponding to those for operating audit services as referred to in paragraph 1, and the Annex II , Inspection bodies for the operating phase, which allow operational testing services, have to inform the Federal Minister for Science, Research and Economics about this.

Accreditation

§ 22. The evaluation and monitoring of the bodies referred to in § § 18 to 20, in accordance with the requirements set out in these provisions, shall be carried out by the Austrian national accreditation body "Accreditation Austria", in accordance with the following requirements: Accreditation Act 2012, unless the accreditation of any other accreditation body in the European Union has to be recognised.

Presumption of conformity for conformity assessment bodies

§ 23. 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 according to Annex I , in so far as the relevant harmonised standards cover these requirements.

Authority

§ 24. (1) The Federal Minister for Science, Research and the Economy shall, without prejudice to paragraph 2, have an applicant in accordance with § § 18 to 20, who shall comply with the applicable requirements in each case by means of a relevant scope of the application requested. An accreditation certificate can demonstrate the power to exercise the activities of the relevant body.

(2) The Federal Minister of Transport, Innovation and Technology shall have an applicant for inspection activities for the operating phase on pressure-carrying equipment subject to railway law provisions in accordance with the provisions of section 19 (2) and (20) of the Regulation. authority to exercise the activities of the relevant body, provided that the applicant has demonstrated the appropriate requirements by means of an accreditation certificate corresponding to the requested scope of the powers requested.

Authorisation

§ 25. More detailed provisions on the requirements for posts in accordance with § § 18 to 24 as well as on the extent of the authority of these bodies can be determined by the relevant Federal Minister in accordance with § 24 of the Regulation.

Section 5

Notification of conformity assessment bodies

Notifying Authority

§ 26. (1) Notifying authority for the bodies to be notified under this Act shall be the Federal Minister for Science, Research and the Economy, with the exception of the bodies to be notified, which shall be responsible for inspections in the operating phase of the printing industry. Equipment subject to railway law provisions shall be authorized. The Federal Minister of Transport, Innovation and Technology is the notifying authority for bodies responsible for pressure-carrying equipment that is subject to railway legislation.

(2) conformity assessment bodies shall apply for notification to the notifying authority. The application for notification shall be a description of the conformity assessment activities, the conformity assessment modules, the pressure-carrying equipment, the working procedures or the personnel certifications for which this body claims competence, shall be attached. With regard to the competences claimed, the underlying harmonisation legislation should be specified. In addition, requests from operator inspection bodies shall contain details of which group of companies and for which companies of this group of companies they will be active.

(3) The notifying authorities referred to in paragraph 1 shall inform each other of notifications requested, shall coordinate the processing of applications submitted at the same time by an applicant and shall share the results of the applications submitted by an applicant. Notification procedures or notifications to the European Commission.

Information to be provided by the notifying authority

§ 27. The notifying authority referred to in Article 26 shall inform the European Commission of its procedures for the evaluation, notification and monitoring of notified bodies and of any changes made to this information so that the European Commission may: this information can be published.

(2) The notifying authority referred to in Article 26 shall notify the European Commission and the other Member States of the entities authorised under this Act and the Regulations thereto, for the printing equipment referred to in Article 3 (1) (1) and (2) of the Treaty. To carry out conformity assessment tasks.

Branch companies of conformity assessment bodies and subcontracting

§ 28. Where a conformity assessment body issues certain tasks related to conformity assessment to subcontractors or transfers them to a branch undertaking, it shall ensure that the subcontractor or the branch undertaking the Requirements of Annex I Part 5 fulfilled.

Request for notification

§ 29. Applications for notification in Austria can only be submitted by those conformity assessment bodies that are established in Austria and which meet the authority requirements of § 24.

Notification procedure

§ 30. (1) The notifying authority according to § 26 shall only notify conformity assessment bodies that meet the requirements of § § 18 to 20 as well as 22 to 24.

(2) The notification shall be made to the European Commission and to the other Member States of the European Union by means of the electronic instrument NANDO, managed by the European Commission.

(3) The notification has the information requested by the European Commission, such as the conformity assessment activities, the conformity assessment modules concerned and the relevant printing equipment, as well as the confirmation of the conformity assessment activities in question by the Commission. Competence to contain.

(4) A identification number shall be assigned by the European Commission to the notified conformity assessment body. The notified body shall use this identification number in its activities in accordance with the applicable harmonisation legislation in each case. Notified operator inspection bodies and recognised independent bodies shall not be given a identification number.

The notified bodies, together with the identification numbers assigned to them, and the activities for which they have been notified, shall be published in an electronic instrument managed by the European Commission.

(6) The notifying authority referred to in Article 26 shall notify the European Commission and the other Member States of the European Union of any subsequent amendment to the notification.

(7) The notifying authority shall decide in accordance with § 26 on the granting, refusal, revocation, suspension, restriction of the notification requested and the extension of the notification.

Amendment of the notification

§ 31. (1) In the event that the notifying authority is established or informed in accordance with Article 26 that a notified body no longer fulfils the requirements set out in Articles 18 to 20 and 22 to 24, or that it does not fulfil its obligations , where appropriate, it shall restrict, suspend or revoke the notification, taking into account the extent to which those requirements are not met or are not complied with. It shall immediately inform the European Commission and the other Member States of the European Union.

In the event of a revocation, restriction or suspension of the notification or when the notified body cees its activity, the notifying authority shall take the appropriate measures in accordance with Article 26 to ensure that the records of that body shall be further processed by another notified body, and shall be kept ready for the competent notifying authorities and market surveillance authorities at their request.

Challenge to the competence of notified bodies

§ 32. (1) The notifying authority referred to in Article 26 shall, in cooperation with the national accreditation body of the European Commission, in the event of a challenge to the competence of a body in this regard by the European Commission, on request all information on the basis of the notification or the maintenance of the authority of the body concerned.

The notifying authority referred to in paragraph 26 shall, if necessary, adopt corrective measures, including a withdrawal of the notification, on the basis of the European Commission's determination.

Obligations of notified bodies with regard to their activities

§ 33. (1) The notified body shall carry out conformity assessments and inspections in accordance with the conditions of its notification and the procedures laid down in this Act and the associated Regulations.

(2) The notified body shall have conformity assessments and inspections in accordance with Annex II ,

(3) The notified bodies shall establish internal procedures for complaints and objections to their decisions, to demonstrate and apply them in the course of their accreditation.

(4) The notified body shall report to the notifying authority in accordance with Article 26:

1.

any refusal, restriction, suspension or withdrawal of a certificate;

2.

all circumstances, the consequences for the scope and the conditions of the notification;

3.

any request for information on the conformity assessment activities carried out or the inspections it has received from the market surveillance authorities;

4.

at the request of the conformity assessment activities or inspections carried out in the scope of their notification and the other activities, including cross-border activities and subcontracting, they .

(5) The notified bodies shall have the other notified bodies in the European Union carrying out similar activities related to conformity assessment and inspection and covering the same pressure-carrying equipment, the negative ones and, on request, also to communicate the positive results of conformity assessments.

Complaints against notified bodies

§ 34. (1) At the notifying authority according to § 26, complaints against notified bodies may be brought.

(2) The notifying authority pursuant to § 26 has to examine a complaint within the meaning of paragraph 1 and may, if necessary, initiate proceedings pursuant to Section 30 (7) of this Federal Law.

(3) The Federal Minister for Science, Research and the Economy may, by means of a regulation, lay down more detailed provisions on the appeal procedure in accordance with paragraph 1.

Coordination of notified bodies

§ 35. Notified bodies shall be directly or indirectly involved in sectoral groups of notified bodies established by the European Commission for coordination and cooperation between the notified bodies.

Recognition of conformity assessments and inspections of foreign bodies

§ 36. (1) The bodies notified by Member States to the European Commission and the other Member States shall be deemed to be responsible for the conformity assessment procedures and pressure-carrying equipment referred to in the notification as Conformity assessment bodies shall be recognised.

(2) When carrying out the conformity assessment and inspection activities in Austria, the authorities notified by other Member States shall be subject to supervision by the Austrian market surveillance authorities.

Notification of technical services

§ 37. As technical services in accordance with the UNECE regulations, notified bodies may be notified by the Federal Minister for Transport, Innovation and Technology on a proposal from the Federal Minister for Science, Research and the Economy for transportable pressure equipment. shall be notified to the Secretariat of the United Nations.

Authorisation

§ 38. In accordance with § 26 (1), the respective Federal Minister responsible may issue product-specific and actor-specific provisions in accordance with § § 29 to 34 for the notification of posts in accordance with § § 29 to 34.

6.

Market surveillance and protection of the protection of the environment

Market surveillance

§ 39. (1) The responsibilities and procedures for market surveillance of pressure-carrying equipment relate to the provision on the market and to the operating phase.

(2) Market surveillance authority within the meaning of Regulation (EC) No 765/2008 laying down rules for the accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No. OJ L 218, 13.08.2008 p. 30 (hereinafter referred to as the EU Market Surveillance Regulation) is the Governor of the State. For the purposes of market surveillance, the Landeshauptmann may, in addition to the district administrative authorities, and only for the finding of concretised consumer products, also the specially trained product safety supervisory bodies according to § 13 para. 1 of the Product Safety Act 2004, BGBl. I n ° 16/2005. The Federal Ministry of Science, Research and the Economy is responsible for providing the product safety supervisory bodies with the necessary subject-specific requirements. In the case of pressure-carrying equipment which is subject to railway law provisions, the market surveillance authority within the meaning of this Federal Act is the competent authority in accordance with the provisions of the railway law.

(3) Restrictive measures in accordance with the EU market surveillance regulation shall be taken by the market surveillance authority by means of a communication without prejudice to paragraph 6 (4) (4). Where it is necessary to avert an imminent imminent danger to the life or health of persons or to maintain public safety, the market surveillance authority may also adopt the restrictive measures without prior procedures and prior to the issuing of a formal date on the spot. However, a written, reasoned decision shall be issued within two weeks, however, the administrative measures shall be deemed to have been repealed. A complaint to the administrative court of the country may be brought against the defamation of the Governor of the State under this Federal Act.

(4) notifications from conformity assessment bodies or inspection bodies, including operational audit services, relating to defects in accordance with Annex II shall be assessed by the market surveillance authority. Where appropriate, the market surveillance authority shall take appropriate measures to ensure the production of the state required by this federal law by means of a modest advance.

(5) The proprietor or operator shall not be entitled to reimbursement of costs from the market surveillance authority for the owner or operator of the final measures referred to in paragraphs 3 or 4. Where a product sample is taken from the market surveillance authority in the case of the economic operator concerned in accordance with the EU market surveillance regulation, the Federal Government shall, at the request of the economic operator for the sample taken, have one from the market surveillance authority to the market surveillance authority. determine the amount of the compensation in the event that it is more than 150 euros. This compensation shall be waited if a measure pursuant to paragraph 3 or (4) is taken on the basis of this sample.

(6) The Federal Minister for Science, Research and the Economy, the Federal Minister of Transport, the Federal Minister for Science, Research and the Economy, shall be responsible for the following measures in connection with market surveillance. Innovation and technology as co-ordinating body:

1.

Compliance with information obligations to other Member States and the European Commission;

2.

Implementation of protection clause procedures in accordance with EU legislation;

3.

coordination of market surveillance authorities;

4.

Regulations or acts relating to measures relating to the placing on the market, the supply or the operation of equipment which do not comply with the provisions of this Act and the regulations adopted thereto, or with which the provisions of this Act are The meaning of section 43 is a risk, provided that the measures provided by the competent market surveillance authority are not sufficient to remedy the non-compliance or to ensure the consistency of the administrative measures, or the need to safeguard the protection of the environment;

5.

Perform statistics on accident events and damage to pressure-carrying equipment.

(7) The market surveillance authority shall inform the relevant Federal Minister pursuant to paragraph 6 of the measures taken and the relevant information for this purpose.

(8) The relevant Federal Minister in accordance with paragraph 6 may lay down detailed rules for the implementation of market surveillance and the conduct of statistics by Regulation.

Market surveillance and international data exchange

§ 40. (1) The provisions for Community market surveillance and control of products imported into the Union market under the EU Market Surveillance Regulation and the § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 41 to 44.

(2) § § 41 (1) and (43) (1) shall apply only to the pressure-carrying equipment which is not subject to the provisions of harmonization law.

(3) The market surveillance authorities and the coordinating body pursuant to section 39 (6) are authorized to collect data collected in the course of the enforcement of this law, in particular data on products and market surveillance, to foreign and international authorities. authorities. This also includes the transmission of data for use in foreign or international databases, provided that they are maintained by an authority or are under the supervision of an authority.

(4) Data relating to the placing on the market which are transmitted in accordance with paragraph 3 may also be personal, provided that this is necessary for the identification of a product, its traceability in the distribution chain and the risk assessment.

Process for the treatment of pressure-carrying equipment with which a risk is associated

§ 41. (1) The market surveillance authorities shall take the following measures in the case of pressure-carrying equipment which is at risk:

1.

Where the competent market surveillance authority has become active in accordance with the EU market surveillance regulation or has reason to believe that pressure-carrying equipment is likely to endanger the health or safety of people and property, it shall assess whether: the pressure-carrying equipment in question meets all the requirements laid down by law.

2.

The economic operators concerned shall cooperate with the market surveillance authority to the extent necessary by granting access to their premises, by allowing the market surveillance authority to take samples, if appropriate, or by giving them access to the premises of the market surveillance authority. Provide samples and provide the required documents and information about the pressure-carrying equipment concerned, in particular by means of unit numbers, origin and customers.

3.

If, in the course of that assessment, the market surveillance authority concludes that the pressure-carrying equipment does not comply with the legal requirements, it shall, without delay, invite the economic operator concerned to do so within one of the following: the market surveillance authority, the nature of the risk appropriate period, to take all appropriate corrective measures in order to establish conformity of the pressure-carrying equipment with the legal requirements, to comply with the requirements of the market to take or recall. The provisions of the EU Market Surveillance Regulation shall be taken into account in the setting up of such measures for pressure-carrying equipment in accordance with § 40 (1).

4.

The market surveillance authority shall inform the notified body, where appropriate, involved in the conformity assessment procedure.

(2) In the case of non-compliance with pressure-carrying equipment which is not restricted to the territory of the Republic of Austria, the following procedures shall apply:

1.

The competent market surveillance authority shall inform the coordinating body, in accordance with Article 39 (6), of the results of the assessment, the measures taken and the relevant information for this purpose.

2.

If the coordinating body takes the view, in accordance with Article 39 (6), that the non-compliance is not limited to the territory of the Republic of Austria, it shall inform the European Commission and the other Member States of the European Union Union on the results of the assessment and on the measures requested by the economic operator.

(3) The economic operator shall ensure that any appropriate corrective action he takes shall extend to all the pressure-carrying equipment he has provided on the market in the European Union.

(4) In the absence of conformity of pressure-carrying equipment, the following procedures shall be applied:

1.

If the economic operator concerned fails to take appropriate corrective measures within the time limit laid down in paragraph 1 (1) (3), the competent market surveillance authority shall take all appropriate provisional measures to ensure that: to prohibit or restrict the pressure-carrying equipment, to withdraw or recall the equipment from the market, and to inform the coordinating body according to § 39 (6).

2.

The coordinating body according to Article 39 (6) assesses the measures and information. If it considers that the non-compliance with the measures available to the reporting market surveillance authority cannot be remedied on its own, it shall adopt further administrative measures relating to the placing on the market and the Commissioning of the pressure-carrying equipment concerned.

3.

The coordinating body referred to in Article 39 (6) shall immediately inform the European Commission and the other Member States of the European Union of the measures taken as a whole.

(5) The information referred to in paragraph 2 (2) (1) and (4) (3) shall contain all available information, in particular the data for the identification of non-conforming pressure-carrying equipment, the origin of the equipment, the nature of the claims. Non-compliance and the risk, as well as the nature and duration of the national measures taken and the arguments put forward by the relevant economic actor. In particular, the information shall include whether the non-compliance is due to the fact that:

1.

the pressure-carrying equipment does not meet the requirements laid down for the health or safety of persons or other aspects of public interest to be protected, or

2.

the standards or technical regulations referred to in the case of pressure-carrying equipment are inadequate.

(6) Neither a Member State of the European Union nor the European Commission, within two months of receipt of the information referred to in paragraph 4 (3) (3), shall have an objection to the measures taken pursuant to paragraph 4 (1) (1) or (2) of this Article , the measures shall be deemed to be justified and, failing that, a safeguard clause shall be deemed to have been initiated against the Austrian measures.

(7) Measures adopted by other Member States of the European Union in accordance with a safeguard clause procedure and further information on the non-compliance of pressure-carrying equipment shall be provided by the coordinating body in accordance with Article 39 (6) of the Treaty. , and, if necessary, instructs the market surveillance authorities to take appropriate restrictive measures with regard to the pressure-carrying equipment concerned without delay, such as the withdrawal of the equipment from the market. If the coordinating body does not agree with the measures taken by other Member States of the European Union in accordance with Article 39 (6), it shall inform the European Commission of its objections.

European Union protection policy

§ 42. (1) If measures taken by Austrian authorities are affected by a European Commission's safeguard clause procedure, the coordinating body shall have the Austrian position to be represented in accordance with Article 39 (6).

(2) If the European Commission considers that the measure taken is justified, the coordinating body in accordance with Article 39 (6) shall, in the case of Austrian concern, initiate or continue the necessary measures in order to: to ensure that non-compliant pressure-carrying equipment is withdrawn from the market. The coordinating body referred to in Article 39 (6) shall inform the European Commission thereof. If the European Commission considers that a measure taken by the Austrian authorities is not justified, this measure must be withdrawn.

(3) If a measure taken by a Member State of the European Union is considered to be justified, the non-conformity of the pressure-carrying equipment shall be justified by the deficiencies of a relevant harmonised standard in accordance with Article 41 (5) (2) and shall direct the measures to be taken by the Member State. European Commission the procedure under Article 11 of Regulation (EU) No 1025/2012, the Austrian position shall be adopted in accordance with the 1999 NotifG NotifG Act 1999, BGBl. I n ° 183/1999, represented by the Federal Minister for Science, Research and the Economy.

Compliant print-leading devices that pose a risk

§ 43. (1) The market surveillance authorities shall take the following measures in the case of pressure-carrying equipment which is at risk:

1.

If the competent market surveillance authority determines, in accordance with Article 41 (1), that pressure-carrying equipment poses a risk to the health or safety of people and property, even though it is subject to the product-specific , the market surveillance authority shall require the economic operator concerned to take all appropriate measures to ensure that the pressure-carrying equipment in question is taken into account in the case of the the placing on the market of this risk shall no longer be present or that it is within one of the species The risk of reasonable, reasonable time, which the Authority may require, be withdrawn or recalled from the market.

2.

The market surveillance authority shall inform the coordinating body pursuant to section 39 (6) of the measures taken and the relevant information for this.

3.

The coordinating body according to Article 39 (6) has to assess the measures and information. If it considers that the non-compliance with the measures provided by the reporting authority cannot be remedied on its own, it shall adopt further administrative measures relating to the placing on the market and the putting into service of the the pressure-carrying equipment concerned.

(2) The economic operator shall ensure that the corrective measures taken extend to all the pressure-carrying equipment that it has provided or uses in the European Union on the market.

(3) The coordinating body referred to in Article 39 (6) shall immediately inform the European Commission and the other Member States of the European Union of the measures taken in accordance with paragraph 1. This information shall indicate all available information, in particular the data for the identification of the pressure-carrying equipment concerned, its origin, its supply chain, the nature of the risk, and the nature and duration of the national measures taken. Measures.

(4) The coordinating body in accordance with Article 39 (6) shall represent the Austrian position in the examination procedure following the notification to the European Commission by the European Commission and shall, where appropriate, set the decision of the European Commission Commission.

Formal non-compliance

§ 44. Without prejudice to the procedure referred to in § 43 for the treatment of pressure-carrying equipment with which a risk is associated, the Market Surveillance Authority shall require the economic operator concerned to correct the non-compliance concerned; if it finds one of the following cases:

1.

the conformity marking has been drawn up in compliance with the general principles of the relevant provisions of paragraph 6 for the pressure-carrying equipment concerned;

2.

the conformity marking has not been affixed;

3.

the EU declaration of conformity for pressure-carrying equipment in accordance with § 3 (1) (1) (1) has not been issued;

4.

the EU declaration of conformity for pressure-carrying equipment in accordance with § 3 (1) (1) (1) has not been properly issued;

5.

the technical documentation is either not available or incomplete;

6.

the obligations of the manufacturers in accordance with § 9 or the obligations of the importer in accordance with § 11 are not fulfilled.

(2) If the non-compliance referred to in paragraph 1 continues, the market surveillance authority concerned shall take all appropriate measures to restrict or prohibit the provision of the pressure-carrying equipment on the market or to to ensure that they are recalled or withdrawn from the market.

Authorisation

§ 45. In accordance with § 39 (6), the relevant Federal Minister may issue specific product-specific or actor-specific provisions in accordance with § § 40 to 44 for the protection clause procedure and conformity marking in accordance with § § 40 to 44.

Section 7

General safety provisions

Installation of pressure-bearing devices with high risk potential

§ 46. (1) Pressure-carrying equipment according to § 3 (1) Z 1, 5 and 6 with a high risk potential (§ 52 Z 7) must be set up and, if necessary, anchored in such a way that no displacements or inclinations that endanger the operational safety can occur. They must also be designed in such a way that their operation, maintenance and testing is possible with the necessary ease and, even in the event of leakages or malfunctions, a danger to persons is prevented as far as possible.

(2) Pressure-carrying equipment according to § 3 (1) Z 1, 5 and 6 for which high risks would occur due to the medium, the operating pressure, the operating temperature, the space content or the design in case of leaks or malfunctions. shall be drawn up in such a way as to be appropriate and suitable for the construction of the site. In the open air, the installation shall be carried out within a protection zone for protection against the hazards referred to above which do not serve the permanent residence of persons other than the operator and in which no public service is available. Transport routes may be located. In the case of adjacent traffic areas, installations or buildings, adequate safety distances are to be observed in order to reduce a mutual risk in the event of damage, in particular in the event of a fire. Protective zones and safety distances can be reduced by means of structural measures if they guarantee at least the same level of protection. Protection zones and safety distances shall not extend to neighbouring land.

Print Review

§ 47. (1) Pressure tests are generally to be carried out as a hydrostatic pressure test. In justified cases, pressure tests may only be carried out in agreement with the conformity assessment or inspection body in accordance with § 18 (1) and (3) or § 19 (3), irrespective of the hazard potential, with the exception of pipelines with a low risk potential. 1 and 2 with other suitable liquids as water or with compressed gases, if additional measures such as non-destructive testing or other equivalent methods are used previously and it is ensured that there are risks in this case. for life and health or foreign ownership, at reasonable discretion can be excluded.

(2) A body which monitors pressure tests with other suitable liquids as water or with compressed gases must have personnel and use it to ensure that the relevant knowledge is properly evaluated by those who have such liquids. The risks associated with pressure tests and the necessary measures are taken. A risk analysis shall be carried out in the case of pressure-carrying equipment with a high risk potential. These and the results of the pressure test are suitable to document.

(3) Where such audits require security measures which are outside the control of the owner or operator, the approval of the authority responsible for the plant authorisation shall be obtained prior to carrying out the verification.

Commissioning of pressure-carrying equipment with high risk potential

§ 48. In so far as the regulations issued under this Federal Act or other legislation do not determine anything else, pressure-carrying equipment according to § 3 (1) Z 1, 5 and 6 shall be subject to a high risk potential after installation in accordance with § 46 and the existence of the The labelling and documentation required for the placing on the market are to be definitively put into service after the first test of the operation has been carried out.

Filling of pressure-carrying equipment

§ 49. (1) Printing devices according to § 3 (1) Z 1, 5 and 6 may only be filled if they are in a functional state and a controlled filling by corresponding devices is possible. The filling shall be carried out in such a way that, during the filling in the pressure-carrying device, no higher pressure than the highest operating pressure can be produced, a response of the safety devices as far as possible is avoided and no one shall be able to respond to any such pressure. is at risk. Pressure-carrying equipment for liquefied gases may only be filled to such an extent that the highest operating temperature to be expected does not exceed the highest operating pressure in the pressure-carrying device. The place of installation of pressure-carrying equipment for flammable, toxic or corrosive gases and the area of the filling connection shall be against the access of unauthorised persons and in the case of combustible or combustion-promoting gases against ignition sources , in particular during the filling process.

(2) Local pressure equipment and aerosol packs may only be filled with gases or vapours to the extent that the highest operating temperature to be expected during transport or storage and the resulting pressure shall not be inadmissible. This may cause the walls to be subjected to stress. In principle, transportable pressure equipment and aerosol packs may only be filled with filling stations which have suitable filling and control devices, trained filling personnel and a suitable quality assurance system in this respect.

(3) For the first time, filling stations for transportable pressure equipment and aerosol packs shall be assessed for their quality assurance systems by inspection bodies for the placing on the market in accordance with Article 18 (3) and shall be subject to regular intervals at regular intervals. monitor. In the context of the evaluation and monitoring of a filling station, the suitability of the filling device in terms of operational safety and the avoidance of overfills must in particular be checked. The assessment and monitoring shall be documented in writing by the inspection body.

(4) These provisions shall not apply to pressure-carrying equipment in accordance with § 3 (1) Z 1 and 6 with a low risk potential for private or domestic use, or for leisure or sports purposes, provided that their constructive design includes: The operator cannot endanger the operation of a conform-compliant filling of the operating instructions.

First audit

§ 50. (1) In accordance with § 3 (1) (1) and (5), the pressure-carrying equipment must be subjected to a first operating examination immediately after the start of the proprove operation.

(2) The first operating examination serves for the safety assessment of the functional pressure-carrying device, which is made available for the first time in Austria on the market, with regard to its suitability for the intended operation at the site of installation. It includes:

1.

a check of the documentation required for the lawful on the market and required for the entry into service of the pressure-carrying device and of the marking in accordance with the relevant legal provisions,

2.

a review of the type of installation for fixed-pressure equipment in accordance with § 46,

3.

a check of the external condition of the pressure-carrying device; and

4.

a check of the function of the equipment of the pressure-carrying device.

(3) The first operating test shall be dependent on the hazard potential of the pressure-carrying device at the instigation of the operator from an inspection body for the operating phase in accordance with § 19 in the case of pressure-carrying equipment with a high risk potential, or to a knowledgeable person in the case of low-risk pressure-carrying equipment.

Repairs and changes

§ 51. (1) A repair is provided if a pressure-carrying device is preventive or because it no longer complies with the safety provisions of this law and the associated regulation or cannot be operated safely anymore, by the application technological processes, such as repair welding, replacement of components or materials, into the state that is safe to operate, at least until the next internal recurrent investigation due is guaranteed.

(2) A change shall be given if, through the application of technological procedures, such as the insertion of new additional components, the conversion of the operating parameters or the use of other fluids, a state other than the state at the time of the complete conformity assessment of the pressure-carrying device. Pressure-carrying equipment which has undergone significant changes which alter their original performance, purpose or type after they have been put into service shall be regarded as a new product and a conformity assessment procedure for the Placing on the market in accordance with § 5. This is to be assessed separately on a case-by-case basis.

(3) Repairs and changes which have an effect on the integrity of a pressure-carrying device shall be carried out by those establishments which meet the legal requirements for the manufacture of corresponding pressure-carrying equipment; or by other establishments, provided that they are sufficiently competent to carry out the repairs and modifications in question and, in particular, that they have the appropriate authorisations for working procedures and staff.

(4) inspections of repairs and changes in accordance with paragraph 3 of high-risk pressure equipment shall be carried out by the competent inspection body for the operating phase in accordance with § 19, with the assistance of a conformity assessment body for the Placing on the market according to § 18, the accreditation of which includes the conformity assessment of the design and manufacture of the relevant pressure equipment. Required non-destructive testing shall be carried out exclusively by accredited bodies and evaluated by the competent inspection body for the operating phase. § 4 (1) to (4) and (6) shall apply with regard to the requirements for the quality of changes in accordance with paragraph 3.

(5) Prior to the putting into service of a pressure-carrying device with a low risk potential repaired or modified in accordance with paragraph 3, the operator or his authorized competent person shall have the proper condition, including the suitability and To control the function of the equipment of the pressure-carrying device.

Authorisation

§ 52. More detailed provisions on

1.

the installation of pressure-carrying equipment,

2.

the nature and definition of protection zones and safety distances,

3.

the carrying out of the first audit and the periodic inspections,

4.

the operation of pressure-carrying equipment,

5.

the requirements for filling stations and the filling staff,

6.

the obligations of the operator and the conduct in the event of damage that is dangerous to the security,

7.

the limits between the low and high risk potential of pressure-carrying equipment depending on its ingredients and operating conditions,

8.

the facilitation of rules relating to the putting into service, the filling and the first inspection on the basis of the design and operation of the pressure-carrying equipment;

9.

the procedure for and the checks after repairs and modifications

may be enacted by the Federal Minister for Science, Research and Economic Affairs.

8. Section

Recurrent investigation

Principles

§ 53. (1) Rereturning investigations of pressure-carrying equipment in accordance with § 3 (1) Z 1, 5 and 6 shall be subject to the hazard potential of a test site for the operation of high-risk-pressure equipment or from the operator or one of the devices. to carry out a competent person with pressure-carrying equipment with a low risk potential. The inspection body for the holding may be an inspection body for the operating phase in accordance with § 19 (1) or an operating inspection service pursuant to § 21 (2).

(2) The monitoring measures in the context of the recurring investigations are used for the safety assessment of pressure-carrying equipment within the meaning of § § 1 and 4 for the period up to the next scheduled periodic examination.

(3) In the case of pressure-carrying equipment with a high risk potential, the operator shall, in cooperation with the operator, all use the pressure-carrying device at reasonable discretion, on the basis of a risk analysis carried out by a test site for the operation. To detect the foreseeable and anticipated damage mechanisms and failure mechanisms with the relevant causes, which can cause impairment of the integrity of the pressure-carrying device. The risk analysis forms the basis for the allocation in accordance with § 54 (1). In the case of an allocation to a special provision in accordance with § 55, paragraphs 4 and 5 shall not be applied.

(4) On the basis of the hazard analysis, a catalogue of measures shall be drawn up by the test centre for the operation, with the involvement of the operators. This shall be used to determine the monitoring measures necessary for the operation of the pressure-carrying device to be used or to be adopted, in order to ensure that damage to the damage or failure is already carried out in accordance with the hazard analysis carried out at a time when the risk is being analysed. which has not yet been affected by the safety of the pressure-carrying device. Measures can also be justified by the structural design of the pressure-carrying device.

(5) The catalogue of measures shall be drawn up in such a way as to compare the individual possible mechanisms of damage and failure to those measures which may be used for the timely detection and detection of damage as well as to avoid harmful effects on the damage and damage to the environment. The effects on the pressure-carrying device are suitable.

Procedure

§ 54. (1) In accordance with § 3 (1), (1), (5) and (6), pressure-carrying equipment with a high risk potential shall be allocated to one of the following ways of monitoring the following:

1.

monitoring in accordance with special provisions,

2.

Monitoring according to the test level,

3.

risk-oriented inspection,

4.

Monitoring according to special test program.

(2) With the acceptance of the allocation, the operator has to commission a test centre for the holding no later than three months after the completion of the first operating examination. The inspection body for the holding may be an inspection body for the operating phase in accordance with § 19 (1) or an operating inspection service pursuant to § 21 (2). With the allocation, the inspection body for the operation can also be assigned already in the context of the implementation of the first operating examination.

(3) During the operation of the pressure-carrying device or in the context of operational tests, periodic inspections and inspections, extraordinary tests or other monitoring measures, that shall be due to changes in the Operating conditions, identified signs of damage, results of additional tests, etc., where the existing allocation is no longer justified, shall be subject to a change in the allocation referred to in paragraph 1 by the competent authority for the establishment of the operation. 1 taking into account risk analysis and a catalogue of measures in accordance with § 53.

(4) The security of a pressure-carrying device shall be ensured by the surveillance referred to in paragraph 1 above. This shall be certified by the competent authority responsible for the operation. If the operator changes the test site for the operation within the test period, the inspection body now responsible for the operation shall certify the safety of the pressure-carrying device for the remaining test period.

Surveillance in accordance with special provisions

§ 55. (1) The Federal Minister for Science, Research and the Economy may apply for certain types of pressure-carrying equipment which are affected by the same damage and failure mechanisms, taking into account the principles of § 53, with Regulation Specify special provisions for recurrent investigations of these devices with regard to the type and scope, the duties of the operator and the test site for the operation and the test rists.

(2) Printing devices which are covered by one of the special provisions in accordance with paragraph 1 shall be assigned to the applicable special provision and shall be reviewed in accordance with the provisions of Section 54 (3). Excluded are those pressure-carrying equipment which is part of an installation which is assigned to a risk-oriented inspection according to § 57.

Monitoring according to test levels

§ 56. (1) The Federal Minister for Science, Research and the Economy may lay down, by means of Regulation, test stages, which shall be determined by the same technical criteria of the holding as well as the foreseeable and foreseeable damage and damage caused by the operation. Failure mechanisms are defined. The test stages shall specify the nature, scope and duties of the operator or owner and the inspection body for the operation and the time limits of the recurrent investigations within the meaning of Section 53.

(2) In the case of equipment not covered by a special provision according to § 55 or assigned to a risk-oriented inspection in accordance with § 57, the technical criteria of the holding and the possible occurrence of such equipment may be To identify any damage mechanisms and the necessary measures within the meaning of Section 53. Such pressure-carrying equipment shall be allocated according to the determined technical criteria of the test stage applicable to it, and the monitoring shall be carried out in accordance with this test stage.

Monitoring according to risk-based inspection

§ 57. (1) Risk-based inspection (ROI) means the methods and intervals of the recurrent tests for pressure-carrying equipment and assemblies as a function of the damage effects and the likelihood of injury. . Under § 53, an ROI may be applied under the following conditions:

1.

Internationally recognized industry-specific European or US-based rules of the ROI are to be applied and on the basis of which a plant-specific ROI report with an integrated testing and inspection plan can be created.

2.

The ROI report with an integrated inspection and inspection plan shall contain a detailed analysis of the possible damage and failure mechanisms for each assembly and pressure device and shall be updated periodically and, where applicable, shall be changed risk.

3.

Monitoring systems adapted to the respective risk are to be used for the observance of predetermined limit values of process engineering processes and fluids as well as of pressure equipment components.

4.

In the case of pressure equipment and assemblies for which there is insufficient knowledge of possible damage mechanisms, before applying the ROI, the time limit for the first recurrent examination in accordance with § 56 or, where appropriate, a shortened test period shall be the time limit for the first recurrent examination .

5.

For the first time in operation pressure equipment and assemblies which do not have a high quality within the meaning of the regulations adopted pursuant to § 52, the time limit for the first recurrent investigation pursuant to § 56 shall be established before application of the ROI.

6.

In accordance with § 19, an inspection and inspection plan shall be defined and released by an inspection body for the operating phase in application of the ROI control units.

7.

The non-destructive tests required by the inspection and inspection plan must be carried out and documented by accredited bodies and evaluated by the inspection body for the operating phase.

8.

Periodic inspections shall be carried out by the inspection body for the operating phase in accordance with the test and inspection plan, which shall in any case contain periodic pressure tests within the meaning of the Regulations adopted pursuant to Section 52.

9.

Risk-oriented maintenance planning and maintenance shall be carried out in coordination with the inspection and inspection plan as defined by the inspection body for the operating phase.

10.

The inspection body for the operating phase according to § 19 has to draw up a test report for Z 6 and submit it to the Federal Minister for Science, Research and Economics, who can make a technical assessment within a period of twelve weeks. The technical assessment is binding on the allocation and the final execution of the ROI. If no technical assessment is made, the monitoring measures and intervals may be applied in accordance with the ROI presented. The Federal Minister for Science, Research and the Economy is to be informed about this.

(2) The Federal Minister for Science, Research and the Economy may, by means of a Regulation, lay down more detailed provisions on the procedures, conditions, tasks and requirements applicable to risk-oriented inspection, to operators and inspection bodies. .

Monitoring according to special validator

§ 58. For printing equipment not covered by a special provision according to § 55 or a risk-oriented inspection according to § 57, and for which, for technical reasons, an allocation to an allocation shall be made subject to the proportionality of the expenditure The Federal Minister of Science, Research and the Economy may lay down procedures for the inspection of the inspection bodies responsible for the operating phase, using the provisions of § 53 special Create validators for the recurring investigations.

Transportable pressure equipment

§ 59. Detailed rules for the inspections during the operating phase and after repairs or modifications of pressure-carrying equipment in accordance with § 3 (1) (2) and (7), with the exception of transportable pressure equipment, which is exclusively subject to the provisions of Article 1 of Directive 2010 /35/EU on the transport of dangerous goods between Member States and third countries may be laid down by the Federal Minister for Science, Research and Economic Affairs by Regulation.

Power gas tanks

§ 60. Further provisions regarding the filling, periodic checks, repairs and changes of pressure-carrying equipment in accordance with § 3 (1) Z 4, including the technical services to be carried out, may be provided by the Federal Minister for Science, research and industry are defined by regulation.

Low-risk devices

§ 61. The Federal Minister for Science, Research and the Economy can use the regulation for pressure-carrying equipment in accordance with § 3 (1) Z 1, 5 and 6 with low risk potential or low predictable and expected damage and failure mechanisms lay down detailed rules on the nature, extent and frequency of periodic checks.

Reoperation

§ 62. If the equipment already in operation is brought to another site in accordance with Article 3 (1) (1), (1), (5) and (6), or if such equipment has not been in operation for more than one year, the operation shall be carried out prior to the resumption of the operation by the To identify, identify and determine at reasonable reasonable discretion foreseeable and anticipated damage which could jeopardise the integrity of the pressure-carrying equipment and to identify any verifications that may be required for the integrity of the equipment. Allow safety assessment to be carried out for further operation (taking a Audit). Analysis and verifications are for pressure-carrying equipment with a high risk potential from an inspection body for the operating phase according to § 19 or a company-owned test service for those with a low risk potential of knowledgeable persons , The Federal Minister for Science, Research and the Economy may, by means of a regulation, lay down more detailed provisions concerning the procedures, conditions, certificates, tasks and requirements for operators and test bodies to be applied in the course of the audit. .

Recurrent investigations in another Member State

§ 63. With regard to the recognition of recurrent tests on printing equipment, other than equipment in accordance with Article 3 (1) (2), which have been carried out in another Member State, without prejudice to the provisions for re-commissioning in accordance with Section 62 to the provisions of Regulation (EC) No 764/2008 laying down procedures in connection with the application of certain national technical rules to products lawfully marketed in another Member State , and repealing Decision No 3052 /95/EC, OJ L 327, 30.4.2004, p. No. OJ L 218 of 13.08.2008 p. 21.

Section 9

General provisions of enforcement

Exceptional cases

§ 64. In justified individual cases, the Federal Minister for Science, Research and the Economy may notify individual authorisations for the placing on the market, the installation and the operating phase of pressure-carrying equipment, provided that:

1.

the relevant essential safety requirements or the principles for safe operation in accordance with § § 4, 46 and 53 shall be preserved,

2.

there is at least an equivalent level of safety,

3.

improve the proportionality of the effort to benefit from it and

4.

these individual authorisations are in accordance with the European harmonisation legislation or the European conventions.

Liability

§ 65. With regard to liability for defective products affected by the scope of this Federal Act, the provisions of the Product Liability Act, BGBl, apply without prejudice to Section 66. No. 99/1988.

Coverage

§ 66. The minimum level of cover for personal injury, property damage and property damage according to Annex I Parts 1 and 4 can be determined by the Federal Minister for Science, Research and the Economy by means of a communication or a regulation.

Statistics

§ 67. (1) conformity assessment bodies which have been authorised by the Federal Minister for Science, Research and the Economy shall submit an annual activity report to the Federal Minister for Science, Research and the Economy.

(2) The Federal Minister for Science, Research and the Economy shall, on the basis of the reports referred to in paragraph 1, draw up statistics from the points of view of safety technology, information on the economy and control of surveillance.

(3) More detailed provisions on the submission of the reports and on the scope of the statistics and their publication may be laid down by the Federal Minister for Science, Research and Economic Affairs by Regulation.

Criminal provisions

§ 68. An administrative surrender shall be carried out and shall be fined by the market surveillance authority.

1.

to punish up to 10 000 euros, who

a)

Return to service after repairs or modifications to the provisions of § 51;

b)

in the case of filling of pressure-carrying equipment, § 49, together with the associated regulations, is disregarded in accordance with § 52;

c)

Do not carry out the tests in accordance with § 47;

d)

as a manufacturer, the requirement for periodic evaluation and monitoring of its quality assurance measures in accordance with § 5, together with the associated regulations, shall not be complied with or not complied with in due time pursuant to § 8;

e)

the owner or operator of the print-carrying equipment does not comply with the obligations laid down in § 13 or § 14;

f)

not comply with the provisions of § 46 and the provisions of this Regulation pursuant to § 52 concerning the establishment of pressure-carrying equipment;

2.

to punish up to 25 000 euros, who

a)

provide print-leading equipment on the market subject to the lack of formal non-compliance in accordance with § 44;

b)

shall enter into service in accordance with the provisions of § 50 or § 62;

c)

the owner or operator of the pressure-carrying equipment fails to comply with the obligations of the Authority in accordance with Section 39;

d)

, as owner or operator of pressure-carrying equipment, the recurrent investigation in accordance with § § 53 to 60 does not or does not occur in a timely way.

Enforcement

§ 69. With the enforcement of this federal law are

1.

as regards § § 21, 24 to 27, 30 to 34, 37 to 39, 41 to 43 and 45 of the Federal Ministers for Science, Research and Economy and the Federal Minister of Transport, Innovation and Technology, each within its sphere of action,

2.

with regard to Section 65 of the Federal Minister of Justice,

3.

Moreover, the Federal Minister for Science, Research and the Economy

.

Section 10

Final provisions

entry into force

§ 70. (1) § § 18 to 38, 70 (1) and Annex I This Federal Act shall enter into force with the day following the presentation of the Act.

(2) § § 1 to 17, 39 to 69, 70 para. 2 to 76 and Annex II this federal law will enter into force with 20 April 2016.

Override

§ 71. The Kesselgesetz, BGBl. No 211/1992, as last amended by BGBl. I n ° 28/2012, will expire on 19 April 2016.

Retributions

§ 72. (1) The Pressure Equipment Ordinance-DGMO, BGBl. II No 426/1999, as amended by the BGBl Regulation. II No. 336/2014, until the entry into force of a regulation replacing it, as defined in § 8 of the German Federal Act.

(2) The Simple Pressure Vesp Regulation, BGBl. No 388/1994, continue until the entry into force of a regulation replacing it in accordance with § 8 of the German Federal Law.

(3) The Pressure Equipment Monitoring Ordinance-DGÜW-V, BGBl. II No 420/2004, as amended by the BGBl Regulation. II No. 165/2015, until the entry into force of a regulation replacing it, the Federal Act shall continue to apply in accordance with § § 52, 55, 56, 58, 61 and 62.

(4) The Local Pressure Equipment Regulation 2011-ODGV 2011, BGBl. II No 239/2011, as amended by the BGBl Regulation. II No. 165/2015, until the entry into force of a regulation replacing it, the Federal Act shall continue to apply in accordance with § § 8, 52 and 59 of the German Federal Law.

(5) The Ship Container Ordinance 2011 (VBV 2011), BGBl. II No. 458/2011, with the exception of the provisions of § § 3 and 10 on the provision of power gas tanks on the market until the entry into force of a regulation replacing them, pursuant to § § 8, 52, 59 and 60 act as federal law. With regard to the provisions on the provision of small, non-refillable capsules for compressed or liquefied gases on the market, the shipping container regulation 2011 shall apply until 30 June 2017. Refuelling equipment for the filling of gas tanks with CNG (natural gas or biomethane) with a maximum permissible filling and operating pressure of 20 MPa at 15 ° C gas temperature, a maximum volumetric flow rate of 15 Nm 3 /h and a maximum input pressure of 0.5 MPa, which have been placed on the market as pressure equipment, are not subject to the 2011 Ordinance on Shipment Containers (Bundesgesetz). The filling of gas tanks with CNG (natural gas or biomethane) with such refuelling devices is therefore permissible.

(6) The aerosol packaging ordinance 2009, BGBl. II No 314/2009, as amended by the BGBl Regulation. II No 439/2013, until the entry into force of a regulation replacing it, as defined in § 8 of the German Federal Act.

(7) The Pressure Container Order Ordinance-DBA-VO, BGBl. II No 361/1998, until the entry into force of a regulation replacing it, the provisions of § 52 shall be considered as federal law.

(8) The Regulation establishing and operating steam boilers-ABV, BGBl. No 353/1995, as amended by the BGBl Regulation. II No 147/2012, until the entry into force of a regulation replacing it, the provisions of § 52 shall be considered as federal law.

(9) The Regulation Automatic operation of steam boilers-ABD-V, BGBl. II No. 147/2012, as long as it has been enacted pursuant to the provisions of the Kesselgesetz (Kesselgesetz) until the entry into force of a regulation replacing it in accordance with § 52 as federal law.

(10) The Regulation Statistics in accordance with the Kesselgesetz-STAVO, BGBl. II No 200/1998, as amended by the BGBl Regulation. II No 183/2003, until the entry into force of a regulation replacing it, it shall be considered as a federal law in accordance with Section 67.

(11) The Regulation Monitoring of liquefied gas conversion containers, BGBl. II No 136/2012, as amended by the BGBl Regulation. II No 172/2013, until the entry into force of a regulation replacing it, the Federal Act of Germany continues to apply in accordance with Section 39 (6).

(12) The 2. Pressure equipment prohibitions ordinance, BGBl. II No. 96/2007, until the entry into force of a regulation replacing it in accordance with Section 39 (6) as federal law.

Existing authorisations

§ 73. (1) In accordance with § § 3 (4), 8, 17, 25, 34 (3), 38, 39 (8), 45, 52, 55 (1), 56 (1), 56 (1), 57 (2), 58 to 62, 66 and 67 (3) of the Kesselgesetz, pressure-carrying equipment admitted under the Kesselgesetz at the time of its external force may be admitted to the German Federal Act on the Rights of the State of the Boiler. shall continue to operate, or of a date adopted on the basis of this Act.

(2) According to the Kesselgesetz, and existing authorisations and authorisations exist at the time of its expiry, without prejudice to the provisions of § § 3 (4), 8, 17, 25, 34 (3), 38, 39 (8), 45, 52, 55 (1), 56 (1), 57 (2), 58 to 62, 66 and 67 (3), or of a decree issued on the basis of this law.

References

§ 74. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied in their respectively applicable version.

(2) Insofar as the provisions of the Kesselgesetz are referred to in other federal laws and regulations, the relevant provisions of this Federal Law shall be replaced, without prejudice to the references in paragraph 3 of this Act.

(3) References to

1.

First inspection bodies correspond to references to places for the placing on the market in accordance with § 18 (1), (3) and (4);

2.

Boiler test stations correspond to references to inspection bodies for the operating phase in accordance with § 19;

3.

Pressure vessels correspond to references to pressure equipment or assemblies in accordance with § 2 para. 1 Z 3 and/or Z 4;

4.

Pipelines correspond to references to piping according to § 2 para. 1 Z 2.

Linguistic equality

§ 75. The gender-specific terms and designations used in this law each include the male and female form.

Acts of the European Union

§ 76. This federal law restates the legal basis for the implementation of the following harmonisation legislation:

1.

Directive 2014 /68/EU on the harmonisation of the laws of the Member States relating to the provision of pressure equipment on the market, OJ L 206, 22.7.2014. No. OJ L 189 of 27.06.2014 p. 164.

2.

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, OJ L 206, 22.7.2014. No. OJ L 96, 29.03.2014 p.45.

3.

Directive 2010 /35/EU on transportable pressure equipment and repealing Directives 76 /767/EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC, OJ L 206, 22.7.1999, p. No. OJ L 165 of 30.06.2010 p. 1.

4.

Directive 75 /324/EEC on the approximation of the laws of the Member States relating to aerosol packagings, OJ L 327, 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.

Fischer

Faymann

Annex I

Requirements for conformity assessment bodies

Part 1

General requirements

For conformity assessment bodies in accordance with § § 18 (1) and (2) and 19 (1), the following requirements shall apply:

1.

A conformity assessment body which carries out conformity assessments within the framework of harmonisation legislation for pressure-carrying equipment and which is to be authorised or notified in Austria must be established in accordance with Austrian law and with Legal personality shall be provided.

2.

A conformity assessment body must be an independent third party who is not connected to the pressure equipment which it assesses. A body belonging to an industry association or professional association and assesses the design, manufacture, supply, assembly, use or maintenance of companies represented by that association. may be considered as such, on condition that their independence and the absence of any conflicts of interest are demonstrated.

3.

A conformity assessment body, its top management level and the staff responsible for performing conformity assessment tasks may not be a designer, manufacturer, supplier, installer, buyer, owner, user, filling station or maintenance of the pressure-carrying equipment to be evaluated shall be representative of one of those parties. This does not preclude the use of pressure-carrying equipment which is already subject to conformity assessment and which is necessary for the activities of the conformity assessment body, or the use of such pressure-carrying equipment for personal use .

4.

A conformity assessment body, its top management level and the staff responsible for the performance of conformity assessment tasks shall not be directly responsible for the design, manufacture or construction, marketing, installation, use or maintenance of the , shall be involved in any of the parties involved in these activities and shall participate in the activities of the parties. They shall not deal with activities that could affect their independence in the assessment or their integrity in relation to the conformity assessment measures for which they are accredited. This is especially true for consulting services.

5.

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.

6.

The conformity assessment bodies and their staff shall carry out the conformity assessment activities with the greatest possible degree of professionalism and the professional competence required in the area concerned. They shall not be subject to any form of influence, in particular financial, which may affect their assessment or the results of their conformity assessment work and which, in particular, shall be based on persons or groups of persons who: Have an interest in the outcome of these activities.

7.

A conformity assessment body must be in a position to perform all conformity assessment tasks which it is entitled to, and for which it has been authorised, in accordance with the provisions of this Act, whether or not it is the body itself, in its Order or under its responsibility will be fulfilled.

8.

A conformity assessment body shall have at its disposal at all times, for each conformity assessment procedure and for each type and category of pressure-carrying equipment for which it has the power to:

a)

the necessary staff with expertise and sufficient experience to carry out the tasks of conformity assessment,

b)

Descriptions of procedures according to which the conformity assessment is carried out in order to ensure the transparency and repeatability of these procedures, as well as an appropriate policy and appropriate procedures in which the conformity assessment is carried out between the the tasks which it exercises as an authorized body and to distinguish other activities,

c)

Procedures for carrying out conformity assessment activities with due regard to the size of a company, the industry in which it operates, its structure, the degree of complexity of the relevant product technology and of the The fact that the production process is a mass production or series production.

9.

The conformity assessment body shall have the necessary resources at the disposal of the technical and administrative tasks associated with conformity assessment, and it shall have access to all the necessary Equipment or facilities.

10.

The staff responsible for carrying out the conformity assessment activities must have:

a)

sound professional and vocational training covering all the conformity assessment activities in the area for which the conformity assessment body has been authorised,

b)

an adequate knowledge of the requirements associated with the assessments to be carried out and the appropriate authority to carry out such assessments,

c)

adequate knowledge and understanding of the essential safety requirements of this law and of the relevant regulations, the European Union harmonisation legislation and the relevant harmonised standards,

d)

The ability to produce certificates, protocols and reports as proof of assessments carried out.

11.

The impartiality of the conformity assessment bodies, their highest levels of management and the personnel responsible for the conformity assessment tasks shall be ensured.

12.

The remuneration of the highest level of management and of the evaluating staff of the conformity assessment body shall not be based on the number of assessments carried out or the results of such assessments.

13.

An appropriate financial guarantee by means of a liability insurance of the conformity assessment body for claims is to be ensured.

14.

Information obtained by the staff of a conformity assessment body in carrying out its tasks in accordance with this Act or the relevant regulations shall be subject to professional secrecy, except in the case of the competent authorities. Authorities. Property rights must be protected.

15.

The conformity assessment bodies shall participate in the relevant standardisation activities and the activities of coordination groups established within the framework of the relevant European Union harmonisation legislation, respectively. have to ensure that their evaluation staff are informed, and to apply the administrative decisions and documents drawn up by this group as a general guideline.

Part 2

Conformity assessment bodies for placing on the market

The following requirements shall apply for posts in accordance with § § 18 (1) and (20) (1) in addition to the requirements set out in Part 1:

1.

For the monitoring of quality management systems of manufacturers and filling stations, only test personnel with proven knowledge may be used to assess the production and filling methods used and quality assurance systems.

2.

At the request of the Federal Minister for Science, Research and the Economy, the Federal Minister for Science, Research and the Economy shall provide information on their activities. This also refers to information regarding already appointed, but only in the future, testing activities (activity planning) to be carried out.

3.

The conformity assessment bodies shall comply with the instructions of the Federal Minister for Science, Research and Economic Affairs, which have been carried out on the basis of this law and the associated regulations, without delay or within a given period of time.

4.

The conformity assessment bodies have to inform the Federal Minister for Science, Research and Economics of the current contact details and the delivery address of their seat.

Part 3

Inspection bodies for the operating phase

The following requirements shall apply for posts in accordance with Section 19 (1), in addition to the requirements set out in Part 1:

1.

The inspection bodies shall have appropriate test equipment and a quality management system to carry out audits, periodic inspections and verifications in accordance with § § 50, 51, 53 to 58 and 62. Suitable devices for pressure and temperature measurement, for non-destructive material testing and for testing the safety equipment of pressure-carrying equipment must be available.

2.

The supervision of the staff responsible for the assessment and evaluation of the examinations shall be entrusted to persons who are able to demonstrate the following training and practice:

a)

a successfully completed course of studies in the relevant subject area at a technical university or

b)

a successfully completed course of study in the relevant subject area at a university of applied sciences and at least one year's relevant practical work, or

c)

a successful completion of a Higher Technical Apprenticeship and a post-secondary vocational training course and a practical practical activity at least two years old.

3.

The technical management has to be carried out by a person who has the requirements of Z 2 lit. a or b, and has been active at least three years in the relevant case. This person also has to complete the training as a security specialist.

4.

An inspection body must have qualified personnel for the implementation of non-destructive materials testing. Proof of the completion of appropriate special training courses and of at least one year of testing is to be provided.

5.

Inspection bodies shall provide information on their activities to the notifying authority in accordance with § 26 on request. This also refers to information regarding already appointed, but only in the future, testing activities (activity planning) to be carried out.

6.

Inspection bodies shall comply with the instructions of the notifying authority in accordance with Section 26 without delay or within a given time limit.

7.

Inspection bodies shall inform the notifying authority in accordance with § 26 of the current contact details and the delivery address of their registered office.

Part 4

Operator inspection bodies

The following requirements shall apply for posts in accordance with Section 20 (1):

1.

An operator inspection body, which is to be authorised or notified in Austria, must be established under Austrian law and be provided with legal personality. An operator inspection body must be organisationally discernable and must have reporting procedures within the group to which it belongs, which ensure its impartiality and prove its impartiality.

2.

An operator inspection body, its top management level and the staff responsible for performing conformity assessment tasks may not be a designer, manufacturer, supplier, installer, buyer, owner, user or maintenance operator. the pressure-carrying equipment to be evaluated shall be an authorised representative of one of these parties. This does not preclude the use of pressure-carrying equipment already subject to conformity assessment, which is necessary for the operation of the operator's inspection body, or the use of such pressure-carrying equipment for personal use.

3.

An operator inspection body, its top management level and the staff responsible for performing conformity assessment tasks may not directly design, manufacture or manufacture, market, install, use or maintain such to represent the parties involved in the printing process, and to represent the parties involved in these activities. They shall not deal with activities that could affect their independence in the assessment or their integrity in relation to the conformity assessment measures for which they are accredited. This is especially true for consulting services.

4.

The operator inspection body and its staff shall carry out the conformity assessment activities with the greatest possible degree of professionalism and the professional competence required in the area concerned. They shall not be subject to any form of influence, in particular financial, which may affect their assessment or the results of their conformity assessment work and which, in particular, shall be based on persons or groups of persons who: Have an interest in the outcome of these activities.

5.

An operator inspection body must be able to perform all the conformity assessment tasks which it is entitled to, and for which it has been authorised, in accordance with the provisions of this Act, whether or not these tasks are carried out by the body itself, on its behalf. or under their responsibility.

6.

An operator inspection body shall have at all times, for each conformity assessment procedure and for each type and category of pressure equipment for which it has been authorised to have:

a)

the necessary staff with expertise and sufficient experience to carry out the tasks of conformity assessment,

b)

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 strategies and appropriate procedures to distinguish between the tasks which it exercises as the authorized body and other activities,

c)

Procedures for carrying out activities with due regard to the size of a company, the industry in which it operates, its structure, the degree of complexity of the product technology concerned and the fact that it is Production process is a mass production or series production.

7.

The operator inspection body must provide the necessary means for the appropriate execution of the technical and administrative tasks associated with conformity assessment, and must have access to all necessary equipment or facilities.

8.

The staff responsible for carrying out the conformity assessment activities must have:

a)

sound professional and vocational training, covering all the activities for conformity assessment in the area for which the operator's inspection body has been authorised,

b)

an adequate knowledge of the requirements associated with the assessments to be carried out and the appropriate authority to carry out such assessments,

c)

adequate knowledge and understanding of the essential safety requirements of this Act and of its regulations, of the relevant harmonised standards and of the relevant provisions of the European Union's harmonisation legislation and national legislation,

d)

The ability to produce certificates, protocols and reports as proof of assessments carried out.

9.

The impartiality of the operator's inspection body, its senior management levels and the personnel responsible for conformity assessment tasks shall be ensured. The inspecting authority shall not engage in any activity which could harm the independence of its judgment or of integrity in relation to the evaluation tasks.

10.

The remuneration of the highest level of management and of the evaluating staff of the operator's inspection body shall not be based on the number of assessments carried out or the results of such assessments.

11.

An adequate financial guarantee by a liability insurance of the operator's inspection body for claims is to be ensured.

12.

Information obtained by the staff of an operator's inspection body in carrying out its duties under this Act or the relevant regulations shall be subject to professional secrecy, except in relation to the competent authorities. Property rights shall be protected by the operator's inspection body.

13.

The placing on the market of the placing on the market shall be involved in the relevant standardisation activities and the activities of coordination groups established within the framework of the respective harmonisation legislation of the European Union. , have to ensure that their evaluation staff are informed, and have the administrative decisions and documents drawn up by that group to be applied as a general guideline.

Part 5

Branch companies of conformity assessment bodies and
Subcontracting

1.

If a conformity assessment body, in accordance with § § 18 to 20, issues certain tasks connected with the conformity assessment or inspection to sub-contractors or transfers them to a branch, it shall ensure that the Sub-contractors or the branch undertaking the respective applicable requirements of Annex I Parts 1 to 4 and inform the notifying authority in accordance with section 26 accordingly.

2.

The conformity assessment bodies shall have full responsibility for the work carried out by sub-contractors or branch undertakings, irrespective of where they are established.

3.

Works may only be awarded to a subcontractor or transferred to a branch undertaking if the contracting authority agrees to the conformity assessment body.

4.

The conformity assessment bodies shall keep the relevant documentation on the assessment of the qualification of the subcontractor or of the branch undertaking and the work carried out by it for the notifying authority in accordance with Section 26.

Annex II

Obligations of conformity assessment bodies

1.

Conformity assessments and inspections shall be carried out in accordance with proportionality, avoiding unnecessary burdens on economic operators.

2.

The conformity assessment bodies shall have their activities taking due account of the size of a business, the industry in which it operates, its structure and the degree of complexity of the equipment technology concerned, and of the mass production or serial character of the manufacturing process.

3.

However, in doing so, they must be so strict and comply with such a level of protection as is necessary for the conformity of the pressure-carrying device with the legal requirements.

4.

Where a conformity assessment body establishes that a manufacturer has not complied with the requirements laid down in this Act and the relevant Regulations, the relevant harmonised standards or other technical specifications , it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate of conformity.

5.

Where a conformity assessment body has already issued a certificate and establishes, in the context of the monitoring of conformity, that the pressure-carrying device no longer meets the requirements, it shall have the manufacturer, owner or operator to take appropriate corrective measures and to suspend the certificate if necessary or withdraw it.

6.

Where corrective measures are not taken or do not have the necessary effect, the conformity assessment body shall, where appropriate, have to restrict all certificates, suspend them or withdraw them and the market surveillance authority shall, in Knowledge.

7.

Where an inspection body, a service inspector for the operating phase or an operating audit service finds deficiencies affecting the safety of the installation on the occasion of inspections, that body shall notify the operator thereof, and depending on the seriousness of the deficiencies, to request the remedy and any security measures within a reasonable time or the setting of the holding and to record this request in writing. After the expiry of the period or before resumption of the operation, the body has to convince itself of the repair of the defects and the condition of the pressure-carrying equipment by order of the operator.

8.

After the expiry of the time limit or in those cases where a reduction in the operating pressure or the establishment of the holding has been deemed necessary, the inspection body shall be responsible for the operating phase, the operator's inspection body or the to notify the Market Surveillance Authority and to indicate the measures to be taken to remedy the deficiencies.