Pressure Equipment Act

Original Language Title: Druckgerätegesetz

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995935/druckgertegesetz.html

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161. Federal law on the safety of pressurized equipment (pressure device Act)

The National Council has decided:

Table of contents



1 article General provisions







§ 1





Purpose







§ 2





Definitions







§ 3





Scope







2. section composition and placing on the market







§ 4





Essential safety requirements for the quality and conformity assessment







§ 5





Conformity assessment for the placing on the market







§ 6





Declaration of conformity and conformity marking







§ 7





Placing on the market







§ 8





Authority to issue regulations







3 section economic actors







§ 9





Obligations of the manufacturers







§ 10





Obligations of the agent







§ 11





Obligations of importers







§ 12





Commitments of traders







§ 13





Obligations of the owner







§ 14





Obligations of operators







§ 15





Circumstances under which the obligations of the manufacturer also apply to importers and distributors







§ 16





Identification of economic operators







§ 17





Authority to issue regulations







4 section conformity assessment bodies







§ 18





Points for placing on the market







§ 19





Inspection bodies for the operation phase







Article 20





Operator testing







Article 21





In-house inspection services







section 22





Accreditation







Article 23





Presumption of conformity for conformity assessment bodies







section 24





Permission







§ 25





Authority to issue regulations







5 article notification of conformity assessment bodies







section 26





Notifying authority







§ 27





Information obligation for the notifying authority







§ 28





Affiliates of conformity assessment bodies and subcontracting







section 29





Applying for the notification







Article 30





Notification procedure







Article 31





Changes to the notification







§ 32





Challenge of the competence of notified bodies







Article 33





Obligations of notified bodies in relation to their activities







Article 34





Complaints against notified bodies







section 35





Coordination of notified bodies







section 36





Recognition of conformity assessments and inspections of foreign agencies







section 37





Notification of technical services







section 38





Authority to issue regulations







6 market surveillance and safeguard clause procedure section







section 39





Market surveillance







section 40





Monitoring of the market and international exchange of data







section 41





Procedure for the treatment of pressure control devices, which is connected to a threat







section 42





Safeguard-clause procedures of the European Union







§ 43





Compliant pressure-bearing devices that pose a risk







§ 44





Formal non-compliance







Article 45





Authority to issue regulations







7 section General safety regulations







section 46





Installation of pressure control devices with high risk potential







section 47





Pressure test







section 48





Commissioning of pressure control devices with high risk potential







paragraph 49





Filling of pressure control devices







section 50





First audit







Article 51





Repairs and modifications







Article 52





Authority to issue regulations







8 section recurring investigation







Article 53





Principles







§ 54





Procedure







Article 55





Monitoring in accordance with special provisions







Article 56





Monitoring according to the inspection stages.







§ 57





Monitoring in accordance with risk-based inspection







section 58





Monitoring according to special program







section 59





Transportable pressure equipment







section 60





Power gas tanks







§ 61





Devices with low-risk







§ 62





Recommissioning







section 63





Recurring studies in another Member State







9 section general rules of enforcement







Article 64





Exceptional cases







section 65





Liability







section 66





Financial security







section 67





Statistics







§ 68





Penal provisions







section 69





Enforcement







10 section final provisions







Article 70





Entry into force







section 71





Expiry of







§ 72





Continuing validity







Article 73





Existing authorisations







§ 74





References







section 75





Linguistic equal treatment







section 76





Acts of the European Union







 





 







Annex I





Requirements for conformity assessment bodies







 





              Part 1: General requirements







 





              Part 2: conformity assessment bodies for the placing on the market







 





              Part 3: inspection bodies for the operation phase







 





              Part 4: operator testing







 





              Part 5: affiliates of conformity assessment bodies, as well as subcontracting







Annex II





Obligations of conformity assessment bodies





1 section

General terms and conditions

Purpose

§ 1. This law set safety requirements and measures for pressurised equipment for the protection of life and health are of persons as well as goods. For steam boilers, also on the optimal use of energy is to be taken into account.

Definitions

The expression referred to article 2 (1) this federal law



1 "Container" a closed component, which is designed and constructed for mounting of pressurized fluids, including the parts directly up to the device for the connection to other devices. A container can have multiple pressure rooms;

2. certain "Pipelines" within the meaning of Directive 2014/68/EC for conveying fluids management components connected together for integration into a pressure system. Pipelines include in particular pipes or pipe systems, tubular parts, fittings, pressure continued expansion pieces, hoses or, where appropriate, other parts;

3. "Pressure equipment" within the meaning of Directive 2014/68/EC containers, pipes, equipment parts with safety function and pressure continuing items of equipment, including pressure-carrying parts mounted elements, such as flanges, nozzles, couplings, carrying items, lifting lugs;

4. "Assemblies" in 2014/68/EU directive several printers, the unit functional from a manufacturer to a coherent be connected;

5. "simple pressure vessels" that the directive of 2014/29/EC;

6 "transportable pressure equipment" that in accordance with the directive 2010/35/EU;

7 "Aerosol dispensers" those pursuant to Directive 75/324/EEC;

8 "boiler" has an Assembly that contains containers at risk of overheating and not at risk of overheating or pipes or a combination including the equipment and who is fired or otherwise heated and purpose a) water vapour of higher than the atmospheric pressure, or b) exceeds a 110 ° c water temperature (hot water boiler) for the purpose of using outside this arrangement


to generate. This superheater, coolers, as well as their equipment; include the steam boiler in the flue gas stream

9 "pressurised equipment" the generic term for devices in accordance with article 3 par. 1 Z 1 to 7;

10. "Hazard" means a measure of the energy stored in pressure control devices to the classification of pressure control devices with regard to their conformity assessment and security requirements. The pressure control devices are classified according to increasing potential of danger in categories and a distinction is made between pressure control devices with low and high potential of danger. Pressure, temperature, volume or diameter of the device, overheating risk of the walls, planned type of use and properties of the stored fluid are decisive for classification;

11 "ADR" the European Agreement concerning the international carriage of dangerous goods on the road, Federal Law Gazette No. 522/1973, together with investments in its international law applicable and made manifest in the Federal Law Gazette version;

12 "RID" the Convention on international carriage by rail (COTIF), Federal Law Gazette No. 225/1985, annex C - rules for the international carriage of dangerous goods (RID) along with investment in the international law applicable and made manifest in the Federal Law Gazette version;

13 "ADN" the European Agreement concerning the international carriage of dangerous goods by inland waterways (ADN), Federal Law Gazette III No. 67/2008, together with investments in its international law applicable and made manifest in the Federal Law Gazette version;

14 "UNECE regulations" the provisions of the Convention of the United Nations Economic Commission for Europe (UNECE), which are; absorbed by legal acts of the European Commission in the EU law

15. "Making available on the market" any payment or free of charge of a pressure control device for distribution, consumption or use on the market of the European Union in the course of a business;

16. 'placing' the first making available of a pressure control device on the market in the European Union;

17 "Commissioning" the first use of a pressure control device by its users;

18 'Manufacturer' any natural or legal person who manufactures a leading printing device or can develop or manufacture and this product under their own name or their own commercial brand marketed;

19 "authorised representative" every resident within the European Union, natural or legal person, in writing, appointed by a manufacturer to perceive certain tasks on his behalf;

20 "importers" every resident within the European Union, natural or legal person, which brings a leading printing device from a third country on the market of the European Union;

21 'Dealer' any natural or legal person in the supply chain that provides a leading pressure device on the market, with exception of the manufacturer or the importer;

22 'Owner' any natural or legal person who has the ownership of pressure control devices;

23 'Operator' any natural or legal person who uses pressurised equipment;

24 'Economic actors' manufacturers, agents, importers, dealers, owners and operators;

25. "technical specification" means a document in which the technical requirements are prescribed, a leading printing device, a process or service must, meet

26 "Harmonised standard" in accordance with article 2 paragraph 1, lit. c of the Regulation (EU) No. 1025/2012 a European standard, adopted on the basis of an order of the Commission on the implementation of Community harmonisation of the Union;

27 "Accreditation" is a confirmation by a national accreditation body that a conformity assessment body meets the requirements laid down in harmonised standards and, where appropriate, additional requirements including those in relevant sectoral accreditation systems, to carry out a specific conformity assessment activity;

28 "National accreditation body" the only place in a Member State that performs accreditation on behalf of that State;

29 "Conformity assessment" the procedures for assessing whether the requirements of this Act and the associated regulations to have; been fulfilled a leading pressure device, a process, a service or a system

30 "Recall" any measure on the achieving of the return one targets the consumer of already provided pressure control device;

31 'Withdrawal' every measure with which to prevent; provide a supply chain pressure leading any device on the market

32. "CE marking" the marking by which the manufacturer declares that the pressurised device meets the applicable requirements laid down in the harmonisation of legislation in the European Union about its affixing;

33. "harmonisation of the European Union" legislation of the European Union on the harmonisation of the conditions for the marketing of products.

(2) in addition to paragraph 1, the definitions apply according to the § 3 ABS. 4, 8, 17, 25, 34 para. 3, 38, 39 paragraph 8, 45, 52, 55 paragraph 1, 56 para 1, 57 para 2, 58 to 62, 66 and 67 § 3 adopted regulations and European Convention referred to in paragraph 1 Z 11 to 14 in connection with pressure control devices on definitions.

Scope

3. (1) this federal law applies to pressurised equipment:



1. pressure equipment and assemblies according to § 2 para 1 Nos. 3 and 4 and simple pressure vessels in accordance with article 2, paragraph 1 Z 5;

2. transportable pressure equipment referred to in § 2 para 1 No. 6;

3. aerosol dispensers according to § 2 para 1 No. 7;

4. power gas tanks including their equipment according to the UNECE regulations with regard to the filling, the periodic checks, repairs and modifications, the designation of technical services and market surveillance;

5. housing for electrical switching devices with a maximum pressure of 0.5 bar including their equipment, installation, commissioning, the recurrent investigations and of market surveillance;

6 steam boilers, pressure equipment and assemblies, simple pressure vessels and power gas tanks, which may be operated lawfully at the time of entry into force of this federal law and does not fall under such as 1 or 4;

7 vessels and tanks for the transport of gases, which are recorded of the ADR, RID or ADN, do not fall under no. 2 and operated legally at the time of entry into force of this federal law may be.

(2) this Act applies to Z 1 to 3 mentioned pressure control devices in connection with paragraph 1 with regard to the following areas:



1 nature, 2., 3. verification and conformity assessment, 4. making available on the market and placing on the market, 5. commissioning and recommissioning, 6 installation 7 operation including filling, 8 repair and changes, 9 recurring studies, 10 market surveillance, 11 evaluation and monitoring of producer companies and filling stations, 12 permission and notification of conformity assessment bodies in accordance with sections 18 to 20 and admission of in-house inspection services in accordance with section 21.

(3) this Act does in connection with in par. 1 Z 6 and 7 pressure control devices referred to application with regard to the following areas:



1 commissioning and recommissioning, 2. installation, 3. operation including filling, 4 repair and changes, 5 recurring studies, 6 market surveillance, 7 review and monitoring of filling stations, 8 permission of conformity assessment bodies in accordance with §§ 19 and 20 and admission of in-house inspection services in accordance with section 21.

(4) the qualification of a device as a leading print device referred to in paragraph 1 is on the basis of a special type doubtful, so the Minister decides on request for science, research and industry, taking into account the respective functions and mode of operation. Qualifications and associations about the case of beyond meaning can be made by the Federal Minister for science, research and industry with regulation.

(5) the provisions of this Federal Act shall not apply for



1 pressure-bearing devices that are subject to supervision of military bodies as parts of military weapon systems;

2. natural gas transmission facilities pursuant to the gas Act 2011 - MLA 2011, Federal Law Gazette I no. 107/2011, as transmission lines within the meaning of article 1 para 2 lit. a 2014/68/CE directive, except standard pressure equipment;

3. pipes under the pipe line Act, Federal Law Gazette No. 411/1975, as transmission lines within the meaning of article 1 para 2 lit. a 2014/68/CE directive, except standard pressure equipment.

2. section

Texture and placing on the market

Essential safety requirements for the quality and conformity assessment

4. (1) pressure conveying equipment designed, produced, verified and if necessary, equipped and installed be that their safety is guaranteed, if they are taken in accordance with the manufacturer's specifications or under reasonably foreseeable operating conditions.


(2) the manufacturer is obliged to perform an analysis of threats and risks, to pressure-related hazards associated with its pressure control devices and to identify risks. He must then place the appliance, taking into account its analysis and build.

(3) in selecting the most appropriate solutions, the manufacturer has the following principles, in the order listed, to keep in mind:



1. Elimination or reduction of the risks, as far as this is reasonably possible;

2. application of appropriate protection measures against hazards cannot be eliminated;

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

(4) if the possibility of improper use is known or predictable, the pressure control devices are to be interpreted so that the risk of such use is prevented or, if this is not possible, is warned of improper use of the pressure control device in an appropriate way.

(5) the conformity of pressurised equipment with the harmonisation of legislation in the European Union is to prove by means of the conformity assessment procedures therein.

(6) essential safety requirements contained in regulations made pursuant to section 8, are to interpret them and to apply to that State of the art and the practice at the time of the conception and the manufacturing as well as the technical and economic considerations are taken into account, that agree are with a high level of protection of health and safety.

(7) in the case of pressure control devices in accordance with article 3, paragraph 1, no. 1, which comply with harmonised standards or parts thereof, the reference numbers of which are published in the official journal of the European Union is suspected a conformity with the essential safety requirements are covered by the relevant standards. For pressurised equipment in accordance with article 3, paragraph 1 2 shall apply Z instead of 2, 3 and 6 the respective safety requirements of ADR, RID or ADN.

Conformity assessment for the placing on the market

§ 5. Prior to the placing on the market, pressurised equipment in accordance with article 3, paragraph 1 are Nos. 1, 2 and 3 to undergo a conformity assessment procedures. The conformity assessment procedures lays down the testing, inspection and certification tasks of manufacturer and conformity assessment body. Higher risk potentials require more elaborate quality assurance measures or more comprehensive inclusion of conformity assessment bodies in the conformity assessment procedure.

Declaration of conformity and conformity marking

6. (1) pressure conveying devices in accordance with article 3, paragraph 1 Z 1 must be fitted is confirming the compliance with the applicable legislation of the European Union if an EU Declaration of conformity for the device is prescribed with an EU Declaration of conformity. It is run in German language, if the pressure-bearing unit in Austria on the market is provided.

(2) pressure-bearing devices are subject to several legal provisions of the European Union, where each a EU Declaration of conformity is required, only a single EU conformity declaration for all EU legislation is to exhibit. The relevant legislation of the European Union shall be indicated in this statement together with their site in the official journal.

(3) with the exhibition of the EU Declaration of conformity, the manufacturer assumes responsibility for the conformity of the pressure control device with the relevant legislation of the European Union if an EU Declaration of conformity for the device is mandatory.

(4) pressure conveying devices in accordance with article 3, paragraph 1 Nos. 1, 2 and 3 are to provide that acts of confirmation of conformity of the appliance with the harmonisation of legislation of the European Union with a conformity marking.

Placing on the market

§ 7-pressure conveying devices, which in Austria on the market are provided or placed on the market and intended for operation in Austria, have to comply with the provisions of this Act and the regulations for this purpose. Devices in the scope of harmonisation legislation which by Austrian economic operators in the European economic area on the market are provided or placed on the market and intended for operation in the European economic area, are specific to EU law compliant special provisions of the Member State of destination.

Authority to issue regulations

§ May 8 for further provisions for the composition, production, review, conformity assessment, quality assurance measures, presumption of conformity, Declaration of conformity, conformity marking, making available on the market and placing on the market of pressure equipment by the Federal Minister for science, research and industry with regulation be adopted. These provisions are for pressurised equipment within the scope of Community harmonisation or European Convention in line with this set.

3. section

Economic actors

Obligations of the manufacturers

The manufacturers have § 9 (1) for the placing on the market of pressure equipment to ensure that these were designed and manufactured in accordance with the applicable legal requirements.

(2) the manufacturer have to create the required technical documentation and carry out the applicable conformity assessment procedures, or to perform. Has been proven with this procedure, that the product conforms to the applicable requirements, the manufacturers have, if necessary, in accordance with article 6 to issue EU Declaration of conformity and affix a conformity marking.

(3) the manufacturer must keep the technical documentation and, where appropriate, the EU Declaration of conformity for a period appropriate to the product life cycle and the severity of the hazard after the placing on the market of the pressure control devices for the competent authorities.

(4) the manufacturer must ensure through appropriate procedures that conformity is always ensured in the production of pressure control devices. Changes to the design of the pressure control device or its characteristics and changes of the harmonized standards or other technical specifications, referred to in Declaration of conformity of a pressure control device will be adequately taken into account.

(5) the producers have, if this is considered in light of the risks associated with a pressure control device from point of view of the manufacturer as appropriate, to take samples of pressure control devices provided on the market to protect of the health and safety of consumers and other users, to carry out checks, if necessary, to keep a register of complaints about non-conforming pressure-bearing devices and the callbacks of such pressure control devices and to keep distributors informed of such monitoring.

(6) the manufacturer have to ensure that their pressure control devices bear a type, batch or serial number or a different character to their identification, or, where this is not possible due to the size or type of the pressure control device, that the required information on the packaging or in the attached documents specify the pressure control device.

(7) the manufacturer have their name, registered trade name or registered trade mark, as well as for pressurised equipment in accordance with article 3, paragraph 1 Z 1 postal address, under which they are accessible, either on the pressure control device itself, or if this is not possible, on its packaging or in the attached documentation to indicate the pressure control device. In the postal address a central authority must be specified under which the manufacturer can be contacted. The contact details are in a language to write that can be easily understood by consumers, other users and market surveillance authorities.

(8) the manufacturer must ensure that the pressure control devices the operating instructions, except for pressure control devices pursuant to § 3 para 1 No. 3, and safety information are attached. Such operating instructions and safety information must be clear, understandable and clear. The particulars are run in German language, if the pressure control devices for the operation in Austria are provided.

(9) manufacturers who consider or have reason to believe that a leading printing device installed by them in traffic is not the harmonisation legislation of the European Union, have to take the necessary corrective measures to produce pressurized conformity or to take it back, if necessary, or to call back. Also have when risks are connected with the pressure control device, immediately to inform the competent national authorities of the Member States where they have deployed the pressurised device on the market, the manufacturer, and this detailed information, in particular about the non-compliance and the corrective measures taken, to make.


(10) the manufacturer have the competent authority or to the fulfilment of obligations in accordance with § 12 dealers, who sell their product, their following a reasoned request in a language to hand over all information and documents that are necessary to demonstrate the conformity of the pressure control device with this law, which can be easily understood by that authority or the dealers. This information and documentation can be delivered on paper or in electronic form. They have at their request in all measures for the control of risks associated with pressure equipment which they have placed on the market, to cooperate with this authority.

Obligations of the agent

§ 10 (1) a manufacturer may appoint a representative in writing. The obligations under article 9, paragraph 1, and the creation of the technical documentation referred to in § 9 paragraph 2 may not be part of the job of an agent.

(2) a representative has to carry out the tasks that are set on behalf of the manufacturer. The contract must allow the agent to carry out at least the following tasks:



1. availability of the required, where appropriate, in accordance with § 6 EC declaration of conformity and the technical documentation for the competent authorities for a period appropriate to the product life cycle and the severity of the hazard after the placing on the market of the pressure control device;

2. delivery of all information and documentation necessary to demonstrate of the conformity of a pressure control device on a reasoned request from a competent authority;

3. cooperation with the competent authority with all the measures that belong to the remit of the agent to the management of the risks associated with pressure control devices.

Obligations of importers

Importers may bring only compliant pressurised equipment in transport § 11 (1).

(2) before you install a pressure-leading device on the market, importers have to ensure that the appropriate conformity assessment procedure was carried out by the manufacturer. You have to ensure that the manufacturer has created the technical documentation, that the pressurised device with the conformity marking in accordance with § 6 is provided, that, where appropriate, the operating instructions and safety information are attached to him and that the manufacturer has satisfied the requirements pursuant to § 9 para 6 and 7.

(3) is an importer of considers or has reason to believe that a leading printing device does not match the legal requirements, he may bring this pressurised device not on the market before its conformity has been established. If a risk is connected with the pressure control device, the importer has to inform the manufacturer and the market surveillance authorities thereof.

(4) the importers have their name, registered trade name or registered trade mark, as well as for pressurised equipment in accordance with article 3, paragraph 1 Z 1 postal address under which they are accessible, either on the pressure control device itself, or if this is not possible, on its packaging or in the attached documentation to indicate the pressure control device. The contact details are in a language to write that can be easily understood by consumers, other users and market surveillance authorities.

(5) the importer must ensure that the pressure control devices the operating instructions, except for pressure control devices pursuant to § 3 para 1 No. 3, and safety information are attached. Such operating instructions and safety information must be clear, understandable and clear. The particulars are run in German language, if the pressure control devices for the operation in Austria are provided.

(6) as long as a leading pressure device is under their responsibility, the importers have to ensure that the storage or transport conditions do not affect the conformity of the pressure control device with the corresponding requirements.

(7) the importers have, if this given the risks associated with a pressure control device from the perspective of the importer as appropriate will be considered or on a reasoned request from the competent authorities to take exams to take, if necessary, to keep a register of complaints, of non-conforming pressure control devices and the callbacks of such pressure control devices and distributors informed of any such monitoring measures to protect of the health and safety of consumers and other users samples by market pressure control deployed devices up to date to keep.

(8) importers who consider or have reason to believe that a leading printing device installed by them in traffic is not the harmonisation legislation of the European Union, have to take the necessary corrective measures to produce pressurized conformity or to take it back, if necessary, or to call back. In addition, importers, and this detailed information, in particular about the non-compliance and the corrective measures taken, have when risks are connected with the pressure control device, immediately to inform the competent national authorities of the Member States where they have deployed the pressurised device on the market.

(9) the importers have to provide a copy of the required, where appropriate, in accordance with § 6 EC declaration of conformity for the market surveillance authorities for a period appropriate to the product life cycle and the severity of the hazard after the placing on the market of the pressure control device and to ensure that they can submit these to the technical documentation on request.

(10) the importers have the competent authority or to the fulfilment of obligations in accordance with § 12 dealers, who sell their product on their reasoned request in a language to hand over all information and documents that are necessary to demonstrate the conformity of the pressure control device, which can be easily understood by that authority or the dealers. This information and documentation can be delivered on paper or in electronic form. They have this authority at its request with all measures to control the risks associated with the pressure control equipment which they have placed on the market, to cooperate.

Commitments of traders

12. (1) the traders have to consider the applicable requirements with due care when they deploy a leading pressure device on the market.

(2) before providing a leading pressure device on the market, the traders have to check whether the pressure-bearing device with the conformity marking in accordance with § 6 is provided, whether the required documentation, as well as the operating instructions, with the exception of pressure control devices in accordance with article 3, paragraph 1 No. 3, and the security information enclosed with him. The particulars are run in German language, if the pressure control devices for the operation in Austria are provided. He shall also verify that the manufacturer and the importer have met the requirements of § 9 para 6 and 7, section 11, subsection 4.

(3) a distributor of considers or has reason to believe that a leading printing device does not match the legal requirements, he may not deploy it on the market before its conformity has been established. If a risk is connected with the pressure control device, the dealer has to inform the manufacturer or the importer, as well as the market surveillance authorities.

(4) as long as a leading pressure device is under their responsibility, the traders have to ensure that the storage or transport conditions do not affect the conformity of the pressure control device with the essential safety requirements.

(5) distributors who consider or have reason to believe that an of them on the market pressure leading deployed unit complies with not harmonising regulations of the European Union, have to take the necessary corrective measures to produce pressurized conformity or to take it back, if necessary, or to call back. These also traders, and this detailed information, in particular about the non-compliance and the corrective measures taken, when risks are connected with the pressure control device, immediately to inform the competent national authorities of the Member States where they have deployed the pressurised device on the market.

(6) the traders have their reasoned request from a competent authority all information and documents which are necessary to demonstrate the conformity of a pressure control device, handing in a language which can be easily understood by that authority. This information can be delivered on paper or in electronic form. They have this authority at its request with all measures to control the risks associated with pressure control devices, which have deployed on the market, to cooperate.

Obligations of the owner


Section 13 (1) is an owner of considers or has reason to believe that pressure-bearing units comply with this Act does not, he must provide this pressure control devices on the market or operate before their conformity has been established.

(2) a leading print device is not sufficiently secure for the operation or a loss event occurs at a pressure control device, the owner has to inform the inspection body entrusted with the recurrent investigations if necessary. During an event, the owner and the inspection body have to inform the market surveillance authorities.

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

(4) as long as the pressure control devices are his responsibility, the owner has to ensure that the conformity of the equipment with the requirements of this law is not affected by the storage, transportation, or operating conditions.

(5) that have information provided to the operator by the owner to comply with the requirements laid down in this law.

(6) paragraph 2 to 5 do not apply to individuals who operate or Nos. 1 and 6 with low risk potential and pressurised equipment in accordance with article 3, paragraph 1, intend to operate 3 and 7 for private or domestic use or for leisure or sporting purposes pressurised equipment pursuant to § 3 para 1 No. 2.

Obligations of operators

Section 14 (1) the operator must operate only pressurised equipment, which complies with statutory regulations.

(2) units are to operate according to the operating instructions, maintain and, if necessary, periodically to control pressure conveying.

(3) arise during operation defects affecting the security, is to ensure and if necessary to take the defective pressurised device out of operation immediately for appropriate safeguards.

(4) a leading print device is not sufficiently secure for the operation or a loss event occurs at a pressure control device, the operator shall inform the owner.

(5) the operator has to arrange monitoring of the pressure control devices pursuant to § 3 para 1 Nos. 1, 5 and 6 according to the applicable law in accordance with section 72 or by regulations adopted pursuant to this Act, where appropriate, in accordance with §§ 50-58 and 61 and 62.

(6) the monitoring of the pressure control devices is in accordance with paragraph 5, the operator has to prepare the pressure control devices properly to carry out the monitoring, so that they as freely and without risk of testing personnel or other persons may be performed. After a pressure test, he has for lowering the pressure to ensure proper.

(7) paragraphs 1 to 6 shall apply for individuals, the pressurised equipment pursuant to § 3 para 1 intend to operate Nos. 1 and 6 with low risk potential and pressurised equipment pursuant to § 3 para 1 No. 3 for private or domestic use or for leisure or sporting activities or operate only in compliance with the par. 2 and 3.

Circumstances under which the obligations of the manufacturer also apply to importers and distributors

§ 15. An importer or distributor shall apply as manufacturer and is subject to the obligations of a party under his own name or his own trade mark in trade is a leading printing device or an already on the market leading pressure device changed so that compliance with the requirements of this law may be affected.

Identification of economic operators

§ 16. Economic operators shall identify the economic actors of the market surveillance authorities on request for a period appropriate to the product life cycle and the severity of the hazard



1. from which they purchased a pressure-leading device and they a pressure-leading device gave off 2 to the.

Authority to issue regulations

§ 17. The Federal Minister for science, research and economy may adopt by regulation in respect of obligations of economic operators in accordance with the articles 9 to 16 product-specific provisions.

4 section

Conformity assessment bodies

Points for placing on the market

Section 18 (1) notified bodies for the placing on the market are independent third parties. You perform Z 1 conformity assessment and approvals of personnel and procedures in connection with the placing on the market and with repairs or alterations for pressurised equipment in accordance with article 3, paragraph 1. You must record their activities within the scope of Community harmonisation only on basis of a notification. The bodies have parts 1 the requirements of annex I to meet 2 and 5 and annex II.

(2) recognized independent bodies in accordance with article 24 of Directive 2014/68/EC are independent third parties. You perform Z for pressurised equipment in accordance with article 3, paragraph 1 1 approvals of personnel and procedures in connection with the placing on the market and with repairs or changes. You must record their activities within the scope of Community harmonisation only on basis of a notification. The authorities have to comply with the requirements of annex I parts 1 and 5 as well as annex II.

(3) inspection bodies are independent third parties for the placing on the market. You perform Z 2 conformity assessment activities and audits of in-house inspection services in connection with the placing on the market and with repairs or alterations for pressurised equipment in accordance with article 3, paragraph 1. You may record their activity within the scope of Community harmonisation only on basis of a notification. Have the requirements to satisfy Z 11-13-led European Convention bodies, as well as the installation II in article 2, paragraph 1, according to the scope of their authority.

(4) technical services for the placing on the market carry out for pressurised equipment in accordance with article 3, paragraph 1 Z 4 conformity assessment activities in connection with the placing on the market and with repairs or changes. Have the requirements to satisfy Z 11-13-led European Convention bodies, as well as the installation II in article 2, paragraph 1, according to the scope of their authority.

Inspection bodies for the operation phase

Section 19 (1) inspection bodies for the operational phase of pressure control devices pursuant to § 3 para 1 Nos. 1, 5 and 6 are independent third parties and conformity assessment activities result in connection with installation, operation, operation recovery, repairs and modifications. The bodies have parts 1 the requirements of annex I to fulfill 3 and 5 as well as annex II.

(2) inspection bodies for the operational phase of pressure control devices pursuant to § 3 para 1 Nos. 2 and 7 are independent third parties and result in conformity assessment activities and monitoring of on-site testing services relating to commissioning, operating, recovery, repairs or changes. You may record their activity within the scope of Community harmonisation only on basis of a notification. Have the requirements to satisfy Z 11-13-led European Convention bodies, as well as the installation II in article 2, paragraph 1, according to the scope of their authority.

Operator testing

Section 20 (1) work for the placing on the market operator testing exclusively for the group they belong to. This group of companies has a common security policy in relation to the technical interpretation to apply manufacturing, inspection, maintenance and use conditions for pressure-bearing devices and modules. Operator testing conformity assessment activities result in connection with the placing on the market of pressure equipment in accordance with article 3, paragraph 1 Z 1, except simple pressure vessels, by. You must record their activities only on the basis of a notification. Pressurised equipment, which comply has been reviewed by an operator test centre, may bear no CE marking. Operator inspection bodies have to comply with the requirements of annex I, pieces 2, 4 and 5 as well as annex II according to the scope of their authority.

(2) operators testing work for inspections during the operational phase exclusively for the group they belong to. This group of companies has a common security policy in relation to the monitoring and to apply maintenance and use conditions for pressure-bearing devices and modules. You perform inspections and necessary checks in for the inspection statement pressure-control devices pursuant to § 3 para 1 Nos. 2 and 7. You may record their activity within the scope of Community harmonisation only on basis of a notification. Have the requirements to satisfy Z 11-13-led European Convention bodies, as well as the installation II in article 2, paragraph 1, according to the scope of their authority.

In-house inspection services


§ 21 (1) in-house inspection services for pressurised equipment in accordance with article 3, paragraph 1 are Nos. 2 and 7 depending on the scope of authority by inspection bodies for the placing on the market pursuant to § 18 para 3 or approved by inspection bodies for the operating phase in accordance with section 19 para 2 for inspection and monitoring activities (placing on the market and operational phase). They are monitored by the body which has approved and run their activities, which may include all tasks of inspection and surveillance activities under their responsibility. To have the requirements to meet the Z 11-13-led European Convention of in-house inspection services, as well as the installation II in article 2, paragraph 1, according to the scope of their authority. Inspection bodies have for the placing on the market or inspection bodies for the operating phase, which allow in-house testing services, to inform the notifying authority according to § 26 in.

(2) in-house inspection services, which carry out inspections during the operational phase pressure control devices pursuant to § 3 para 1 Nos. 1, 5 and 6, be approved by inspection bodies in accordance with article 19, paragraph 1. Admission requires a minimum five-year cooperation in the monitoring of pressure control devices between the inspection body which allows the testing service and the company that wants to set up the test service. In-house inspection services are monitored by the body which has approved them, and run their activities, which may include not the entire duties of inspection activities under their responsibility. You have to comply with requirements which apply are identical to those for in-house inspection services referred to in paragraph 1 according to the scope of their powers, as well as to comply with the annex II. Inspection bodies for the operating phase, admitting an in-house inspection services, have the Federal Minister for science to inform research and business in.

Accreditation

section 22. The evaluation and monitoring for the in sections 18 to 20 according to requirements stated in these terms and conditions, is carried out by the Austrian national accreditation body "Accreditation Austria", if not the accreditation accreditation elsewhere in the European Union are recognised must mentioned point, according to the provisions laid down in the Act of accreditation 2012.

Presumption of conformity for conformity assessment bodies

§ 23 has a conformity assessment body, that it meets the criteria of the relevant harmonised standards or parts thereof, the reference numbers of which have been published in the official journal of the European Union, it is believed that it meets the requirements laid down in annex I, as far as as the applicable harmonised standards cover those requirements.

Permission

Section 24 (1) the Federal Minister for science, research and industry has an applicant referred to in sections 18 to 20, who can prove the applicable requirements by an accreditation decision corresponding to the requested scope of authority to grant the power to exercise the activities of the appropriate, without prejudice to paragraph 2.

(2) the Federal Minister for transport, innovation and technology has an applicant pursuant to §§ 19 para 2 and 20 railway legal provisions are subject to paragraph 2 for inspection activities for the operation phase pressure control devices, to authorize, to perform the activities of the appropriate, provided that the applicant has shown the appropriate requirements by an accreditation decision corresponding to the requested scope of authority.

Authority to issue regulations

§ 25 more detailed provisions relating to the requirements referred to in sections 18 to 24 as well as about the extent of the authorization of these posts can be set by the competent Federal Minister in accordance with section 24 with regulation.

5. section

Notification of conformity assessment bodies

Notifying authority

§ 26 (1) notifying authority for that under this Act are to notifying the Federal Minister for science, research and economy, except at notifying authorities that for inspections during the operational phase of pressure control devices, are subject to the railway legislation, are authorized. Notifier is authority for bodies which are responsible for pressurised equipment, subject to the rail provisions, the Federal Minister for transport, innovation and technology.

(2) conformity assessment bodies have to apply for their notification to the notifying authority. A description of the conformity assessment activities, the conformity assessment modules, the pressure control devices, the working procedures or personnel certification, for which this place claims to expertise, to add is the request for notification. With regard to the claimed powers, the underlying harmonisation legislation shall be indicated. In addition, applications by operators testing have to contain for the Group and for which companies of this group you will be working details about.

(3) the notifying authorities referred to in paragraph 1 inform each other about requested notifications, vote with each other at the same time the applications an applicant and each other communicate the results of the notification procedure or the Notifizierungsmeldungen to the European Commission.

Information obligation for the notifying authority

Section 27 (1) inform the notifying authority under section 26 the European Commission of their procedures for the assessment, notification and monitoring of notified bodies, and all changes to this information for the European Commission to publish this information.

(2) the notifying authority under section 26 shall notify the European Commission and the other Member States the bodies which are competent according to this Act and the associated regulations to perceive Z 1 and 2 conformity assessment tasks for pressurised equipment in accordance with article 3, paragraph 1.

Affiliates of conformity assessment bodies and subcontracting

§ 28 awards a conformity assessment body specific tasks connected with conformity assessment to subcontractors or she transfers them to a branch company, it shall ensure that the subcontractor or the subsidiary meets the requirements of annex I part 5.

Applying for the notification

§ 29 applications on notification in Austria can be made only by those conformity assessment bodies, which are established in Austria and which meet the permission requirements of section 24.

Notification procedure

Section 30 (1) has to notify, that meet the requirements of sections 18 to 20 and 22 to 24 only conformity assessment bodies the notifying authority under section 26.

(2) the notice shall be given to the European Commission and to the other Member States of the European Union with the help of electronic instruments NANDO, managed by the European Commission.

(3) the notification has the information required by the European Commission, such as the conformity assessment activities, to include the relevant conformity assessment modules and the relevant pressure control devices, as well as the relevant confirmation of the competence.

(4) by the European Commission, an identification number is assigned to the notified conformity assessment body. The notified body has to use this ID number in its activities in accordance with the applicable Community harmonisation. Notified operators pruefstellen and recognized independent bodies receive no identification number.

(5) the notified bodies, together with the identification numbers assigned to them, where appropriate, and the activities for which they have been notified, are published in one of the European Commission managed electronic instrument.

(6) the notifying authority according to § 26 reports on any subsequent relevant changes to the notification of the European Commission and the other Member States of the European Union.

(7) the notifying authority according to § 26 decision decides issuing, refusal, revocation, suspension, the constraint of the requested notification, and whose extension.

Changes to the notification

Section 31 (1) if the notifying authority under section 26 establishes or is that a notified body no longer meets the requirements referred to in sections 18 to 20 and 22 to 24 or that it does not fulfil its obligations, informed, them if necessary, limits the notification, puts them or revoke them, taking into account the extent, how these requirements are not met or is not complied with these obligations. They shall immediately inform the Commission and the other Member States of the European Union.

(2) withdrawal, restriction or suspension of notification or if the notified body adjusts its activity, the notifying authority under section 26 shall take appropriate measures, to ensure that the documents of this point from an other notified body are processed and kept ready for the notifying authorities and market surveillance authorities at their request.


Challenge of the competence of notified bodies

32. (1) grants the notifying authority under section 26 in cooperation with the national accreditation body of the European Commission in the case of challenging the competence of a relevant body by the European Commission at the request all information on the basis of the notification or the maintenance of the competence of the body concerned.

(2) the notifying authority according to § 26 meets corrective measures on the basis of the statement of the European Commission, if necessary, including a withdrawal of the notification.

Obligations of notified bodies in relation to their activities

33. (1) has the notified body shall carry out conformity assessments and inspections according to the terms of their notification and procedures, which are laid down in this Act and the associated regulations.

(2) the notified body has to carry out conformity assessments and inspections in accordance with annex II.

(3) the notified bodies have to set internal procedures for complaints and appeals against their decisions, to prove within the scope of their accreditation and to apply.

(4) the notified body has to notify the notifying authority according to § 26:



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

2. all circumstances that have implications for the scope and the conditions of the notification;

3. any enquiries carried out conformity assessment activities or inspections that has received from market surveillance authorities;

4. on request, conformity assessment activities, or inspections it is pursued within the scope of their notification and what other activities, including cross-border activities and subcontracting, it has carried out.

(5) the notified bodies have the other notified bodies in the European Union, to inform the similar activities in the related to the conformity assessment and inspection go and cover same pressure control devices, the negative and, on request by the positive results of conformity assessments.

Complaints against notified bodies

Section 34 (1) the notifying authority according to § 26 complaints against notified bodies can be inserted.

(2) the notifying authority under section 26 to consider a complaint within the meaning of paragraph 1 and may, if necessary, initiate proceedings according to § 30 paragraph 7 of Federal Act.

(3) the Federal Minister for science, research and industry may lay down by regulation detailed provisions relating to appeal proceedings in accordance with paragraph 1.

Coordination of notified bodies

§ 35. notified bodies have directly or indirectly on sectoral group of notified bodies which have been established by the European Commission for coordination and cooperation between the notified bodies to participate.

Recognition of conformity assessments and inspections of foreign agencies

36. (1), which have been notified by Member States to the European Commission and the other Member States, are for the in the notification of conformity assessment bodies to recognise as conformity assessment procedures referred to and pressure control devices.

(2) in carrying out the conformity assessment and inspection activities in Austria, notified by other Member States bodies of monitoring by the Austrian market surveillance authorities are subject to.

Notification of technical services

section 37. As technical services in accordance with the UNECE rules of research and economy for transportable pressure equipment can be by the Federal Ministry of transport, innovation and technology on a proposal of the Federal Minister for science, notified bodies to the Secretariat of the United Nations notified.

Authority to issue regulations

section 38. The competent Minister pursuant to § 26 para 1 may adopt for the notification of bodies in accordance with paragraphs 29 to 34 by regulation product-specific and player-specific provisions.

6 article

Market surveillance and protection clause cases

Market surveillance

Relate to the responsibilities and procedures for the monitoring of the market of pressure control devices 39. (1) the making available on the market and the operational phase.

(2) market surveillance authorities within the meaning of Regulation (EC) No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, OJ No. L 218 of August 13, 2008 p. 30 (hereinafter: EU market surveillance Regulation) is the Governor. The Governor may for the purpose of market surveillance in addition to the district administrative authorities and only for finding mandatory consumer products the for this purpose specially trained safety supervisory bodies in accordance with § 13 ABS. 1 of the product safety Act 2004, Federal Law Gazette I no. 16/2005, use. At most required specific instruction of product safety supervision organs is carried out by the Federal Ministry of science, research and economy. Pressure control devices, which are subject to railway regulations, the market surveillance authority within the meaning of this Federal Act is the authority according to the regulations of the railway.

(3) the restrictive measures under the EU regulation on the monitoring of the market are to meet no. 4 by the market surveillance by means of communication without prejudice to the paragraph 6. If it is available or necessary for the maintenance of public security to avert an immediate threat to the life or health of persons, the market surveillance authority may meet the restrictive measures also without previous trial, and before issuing a formal notice on the spot. This is a written, reasoned decision within two weeks issued, otherwise the regulatory measures lifted considered. Appeal to the Administrative Court of the land may be brought against decisions of the Governor under this Federal Act.

(4) messages from conformity assessment or inspection bodies including in-house inspection services relating to defects in accordance with annex II must be evaluated by the market surveillance authorities. If necessary, is by the market surveillance authority by decision moderate notices of payment due appropriate measures to ensure the production of the condition required by this federal law.

(5) for the final measures referred to in paragraph 3 or 4, no entitlement to reimbursement of costs to the market surveillance authority grows for the owner or operator. A product sample is taken by the market surveillance authority to the relevant economic operator in accordance with EU market surveillance regulation, has the Federal Government upon request to make a compensation in the amount of the cost price to be determined by the market surveillance authorities the economic operator for the sample is taken, if this amounts to more than 150 euro. This compensation is not applicable if a measure referred to in paragraph 3 or paragraph 4 is taken based on this sample.

(6) for the following measures in the context of market surveillance is the Federal Minister for science, research and economy, with pressure control devices, the railway legislation are subject to the Federal Minister for transport, innovation and technology as a co-ordinating body responsible:



1. compliance with information obligations compared to other Member States and the European Commission;

2. implementation of safeguard-clause procedures under EU law regulations;

3. coordination of market surveillance authorities;

4. regulations or notices to measures relating to the placing on the market, of the market providing or the operation of devices, which comply with the provisions of this Act and the regulations, or in the sense of § 43 an involves risk, provided that the measures imposed by the competent market surveillance authority not sufficient to remedy the non-compliance or to maintain the consistency of administrative measures are or safeguard-clause procedures require;

5. run a statistics on accident events and encountered damage pressure control devices.

(7) the market surveillance authority has communicated the measures taken and for this purpose relevant information to the competent Federal Minister in accordance with paragraph 6.

(8) the responsible federal Minister in accordance with paragraph 6 can use regulation to set more detailed provisions for the implementation of market surveillance and complete statistics.

Monitoring of the market and international exchange of data

Section 40 (1) for falling under Community harmonisation pressurised equipment provisions for a Community market surveillance and control of products introduced in the Union market of the EU market surveillance regulation, as well as the sections 41 to 44.

(2) only the § 41 para 1 and 43 apply not under harmonisation legislation falling pressurised equipment from the sections 41 to 44 para 1.


(3) the market surveillance authorities and the co-ordinating authority pursuant to § 39 para 6 are entitled to transmit data that is collected in the enforcement of this Act, in particular data on products and market surveillance, to foreign and international authorities. This includes the transmission of data for use in foreign or international databases where they are entertained by an authority or are under the supervision of a public authority.

(4) data to domestic transport providers, submitted in accordance with paragraph 3, can be also personally identifiable, unless this is necessary for the identification of a product, its backtracking in the distribution chain and risk assessment.

Procedure for the treatment of pressure control devices, which involves a risk

41. (1) the market surveillance authorities have in pressure control devices, to which a risk is connected, to take the following measures:



1. has the competent market surveillance authorities in accordance with EU market surveillance regulation become active or she has reason to believe that pressure-bearing devices endanger the health or safety of people and goods, it has to assess whether the relevant pressure control devices meet all statutory requirements.

2. the concerned economic operators have to cooperate with the market surveillance authority to the extent necessary, allow access to its premises, the market surveillance authority may take samples or provide their pattern and make available the necessary documents and information about the affected pressurised device, in particular of quantities, origin and customers.

3. reach the market surveillance authority in the course of this assessment concluded that the pressure control devices do not meet the legal requirements, she immediately the relevant economic operator to encourage, within a time limit prescribed by the market surveillance authority, appropriate to the nature of the risk, to take all appropriate corrective actions to establish the conformity of the pressure control devices with the legal requirements, to remove them from the market or recall. For pressurised equipment in accordance with article 40, paragraph 1, the provisions of the EU market surveillance regulation to consider are when such measures.

4. the market surveillance authorities shall inform the notified body involved in the conformity assessment procedure.

(2) the following procedure in the case of non-compliance of pressure control devices, which are not limited to the territory of the Republic of Austria:



1. the competent market surveillance authority has communicated the results of the assessment, the measures taken and for this purpose relevant information to the coordinating Organisation pursuant to § 39 para 6.

2. get the co-ordinating authority pursuant to § 39 para 6 to consider the non-compliance not limited to the territory of the Republic of Austria, she teaches the European Commission and the other Member States of the European Union about the results of the assessment and the measures on which the economic operator is required.

(3) the economic operator shall ensure that all appropriate corrective action he takes, extend all affected pressure control devices, that he has provided in the European Union on the market.

(4) the following procedure in the case of continuing non-compliance of pressure control devices:



1. adopts the relevant economic operator, within the pursuant to par. 1 Z 3 deadline has no reasonable corrective action, all appropriate provisional measures to induce the competent market surveillance authority to prohibit the deployment of the pressure control devices or to restrict, to take the equipment from the market or to recall and to inform the coordinating body in accordance with article 39, paragraph 6.

2. the coordinating body pursuant to § 39 para 6 assesses the measures and information. The Commission considers that the non-compliance with the imposed measures of notifying market surveillance alone does not resolve, she meets more administrative measures with regard to the placing on the market and the commissioning of the pressure control devices.

3. the coordinating authority pursuant to § 39 para 6 informed the European Commission and the other Member States of the European Union without delay of the measures taken as a whole.

(5) in para 2 Nos. 1 and par. 4 Z 3 information have all available information to include, in particular, the data for the identification of non-conforming pressure control equipment, the origin of the equipment, the nature of the non-compliance alleged and the risk as well as the kind and duration of national measures taken and the arguments put forward by the relevant economic operator. The details have to contain, whether the non-compliance that is due, in particular that



1. the pressure control devices which aspects deserving do not meet specified requirements with regard to the health or safety of people or others in the public interest, or 2. in connection with mentioned pressure control devices standards or technical regulations are inadequate.

(6) have another Member State of the European Union nor the European Commission within two months upon receipt of the in par. 4 Z 3 information a objection in accordance with par. 4 Z 1 or 2 measures collected, so the measures as justified, otherwise a safeguard clause procedure against the Austrian measures apply as initiated.

(7) measures adopted from other Member States of the European Union according to a safeguard clause procedure and more information about the non-compliance of pressure control devices are assessed by the coordinating Organisation pursuant to § 39 para 6 and, if necessary, the market surveillance authorities assigned to take immediately appropriate restrictive measures with regard to the relevant pressure control devices, how about the withdrawal of the device from the market. If the coordinating body in accordance with article 39, paragraph 6, does not agree to the measures adopted by other Member States of the European Union, she informed the European Commission of their objections.

Safeguard-clause procedures of the European Union

42. (1) Austrian authorities through a safeguard clause procedure of the European Commission are concerned, is the coordinating body in accordance with section to represent the Austrian position 39 paragraph 6.

(2) the European Commission considers the taken measure justified, are to take the necessary measures by the coordinating Organisation pursuant to § 39 para 6 in the case of Austrian concern or to continue to ensure that the non-conforming pressure control devices are removed from the market. The co-ordinating body pursuant to § 39 para 6 shall inform the European Commission. The European Commission considers not justified, a measure taken by the Austrian authorities is this measure to withdraw.

(3) where a measure taken by a Member State of the European Union considered justified and establishes the non-conformity of the pressure control devices Z 2 with defects of a harmonised standard referred to in article 41, paragraph 5 and the European Commission initiate No. 1025/2012 the procedure under article 11 of the Regulation (EU), so is the Austrian position according to the Notifikationsgesetz 1999 - NotifG 1999 , Federal Law Gazette I no. 183/1999, of the Federal Ministry of science, research and economy represented.

Compliant pressure-bearing devices that pose a risk

43. (1) the market surveillance authorities have in pressure control devices, to which a risk is connected, to take the following measures:



1. the competent market surveillance authority for assessment pursuant to § 41 para 1 notes that pressurised equipment represent a risk to the health or safety of people and goods, although with the applicable product specific legal requirements are the same, the market surveillance authority has to urge the relevant economic operator to do so, to take all appropriate measures to ensure that the relevant pressure control devices for their placing on the market no longer exhibit this risk or that within one type of risk reasonable that reasonable period of time, which may require the authority, withdrawn from the market or recalled.

2. the market surveillance authority has communicated the measures taken and for this purpose relevant information to the coordinating organisation in accordance with article 39, paragraph 6.

3. the coordinating authority pursuant to § 39 para 6 has to evaluate the actions and information. The Commission considers that the non-compliance with the imposed measures of the notifying authority alone does not resolve, she meets more administrative measures with regard to the placing on the market and the commissioning of the pressure control devices.


(2) the economic operator shall ensure that the corrective action taken covering all affected pressurised equipment, he has provided in the European Union on the market or used.

(3) the co-ordinating agency pursuant to § 39 para 6 has to inform the European Commission and the other Member States of the European Union without delay of the measures taken pursuant to paragraph 1. From this information are all available information produced, in particular, the data for the identification of the pressure, their origin, their supply chain, the nature of the risk, as well as the nature and duration of national measures taken.

(4) the co-ordinating agency pursuant to § 39 para 6 Austrian considers the following the notification to the European Commission test procedure by the European Commission and, where appropriate, implement the decision of the European Commission.

Formal non-compliance

Section 44 (1) without prejudice to the procedure referred to in article 43 for the treatment of pressure control devices, which involves a risk, has the market surveillance authority the relevant economic operator to ask to correct the non-compliance concerned if it detects one of the following cases:



1. the conformity marking was created by non-compliance with the General principles of the pressure control for the affected devices relevant regulations pursuant to section 6;

2. the conformity marking has not been affixed;

3. the EC declaration of conformity for pressurised equipment in accordance with article 3, paragraph 1 was not issued no. 1;

4. EU Declaration of conformity for pressurised equipment in accordance with article 3, paragraph 1 was not properly issued no. 1;

5. the technical documentation is either not available or incomplete;

6. the obligations of the manufacturer in accordance with section 9 or the obligations of the importer referred to in article 11 are not met.

(2) the non-compliance referred to in paragraph 1 persists, the market surveillance authority concerned must take all appropriate measures to restrict the provision of pressure control devices on the market or to prohibit or to ensure that it be recalled or withdrawn from the market.

Authority to issue regulations

§ 45. The competent Minister pursuant to § 39 para 6 more operator-specific or product-specific provisions by means of Regulation may adopt the safeguard clause procedure and the conformity marking in accordance with sections 40 to 44.

7 section

General safety regulations

Installation of pressure control devices with high risk potential

46. (1) pressure conveying units pursuant to § 3 para 1 Nos. 1, 5 and 6 with high risk potential (§ 52 Z 7) must be so placed and, where necessary, anchored, that none can enter the shift endangers operational safety or inclinations. You are also so to set up their operation, maintenance and examination with the necessary ease is possible, and also in case of leaks or malfunctions danger as possible held aside by people.

(2) pressure conveying devices in accordance with article 3, paragraph 1 Nos. 1, 5 and 6 high hazards would occur where on the basis of the medium, the operating pressure, operating temperature, room contents or the design in the case of leaks or malfunctions, are laid down for this purpose and suitable buildings or outdoors to prepare. Outdoor installation within a protection zone to prevent the above mentioned risks has to be, which is not the permanent residence of persons, except of the operating personnel, and where no public traffic routes must be. To adjacent areas, or building sufficient safety distance to reduce mutual risk in the event of damage, in particular in the event of fire, are to comply with. Protection zones and safety distances can be reduced by structural measures if they guarantee at least the same level of protection. Protection zones and safety distances may not extend to neighbouring land.

Pressure test

Pressure tests shall be 47. (1) in the rule as a hydrostatic pressure test. Pressure tests may in justified cases regardless of the hazard with the exception of pipelines with low risk potential only in agreement with the conformity assessment or inspection body in accordance with article 18, paragraph 1 and 3 or § 19 para 1 and 2 appropriate with other liquids than water or compressed gases occur, if previously additional measures such as non-destructive tests or other equivalent methods are applied and ensure , that while threats to life and health or property can be excluded reasonably.

(2) a body which monitors pressure tests with suitable liquids other than water or with compressed gases, must have personnel and committed it, which has the appropriate knowledge for assessing the risks related to such pressure tests and it measures sound. With pressure control devices with high potential of danger, a risk analysis is accomplished. These and the results of the pressure test designed to document.

(3) precautionary measures requiring for such pressure tests, which are outside the control of owner or operator, the authority responsible for the authorisation of plant requires consent before conducting the test to.

Commissioning of pressure control devices with high risk potential

section 48. Insofar as the regulations adopted pursuant to this Act or other legislation determine otherwise, pressurised equipment in accordance with article 3, paragraph 1 may be commissioned trial, finally Nos. 1, 5 and 6 with high potential of danger after installation in accordance with section 46 and following the occurrence of the required identification for placing and documentation after carrying out the first audit.

Filling of pressure control devices

49. (1) pressure conveying units pursuant to § 3 para 1 Nos. 1, 5 and 6 may only be filled if they are in working condition and a controlled filling by appropriate facilities is possible. The filling is to perform so that no higher pressure than the fixed maximum operating pressure can occur during filling in the pressure control device, a response of the safety devices is avoided if possible, and nobody will be endangered. Pressure-bearing devices for liquefied gases may be filled only to the extent that the expected highest operating temperature is not exceeded the fixed maximum operating pressure in the pressure control device. The site of pressure control devices for flammable, toxic or corrosive gases, as well as the area of the fill port are secure against the entry of unauthorized persons and combustible or combustion-supporting gases against ignition sources in particular during the filling process.

(2) transportable pressure equipment and aerosol dispensers may be filled only with gases or vapours, that no undue stresses the walls can make a the highest operating temperature to be expected during the transport or storage and pressure are satisfactory while a. Transportable pressure equipment and aerosol dispensers may be filled only by filling stations which have appropriate filling and inspection bodies, personnel filling and a suitable relevant quality assurance system.

(3) filling stations for transportable pressure equipment and aerosol dispensers are with regard to their quality assurance systems by inspection bodies for the placing on the market pursuant to § 18 para 3 for the first time to evaluate and monitor at regular intervals. In the context of the evaluation and monitoring of a filling station, in particular the suitability of the filling device in terms of operational safety and the prevention of overfilling must be checked. Evaluation and monitoring must be documented in writing by the inspection body.

(4) these regulations do not apply Nos. 1 and 6 with low risk potential for private or domestic use or for leisure or sporting activities for pressurised equipment in accordance with article 3, paragraph 1, provided by the operator, no danger can occur due to their design operating instructions-compliant filling.

First audit

Section 50 (1) pressure conveying devices pursuant to § 3 para 1 Nos. 1 and 5 are immediately after the start of the trial operation of a first audit to undergo.

(2) the first audit serves the safety assessment of the operational pressure control device provided for the first time in Austria on the market with regard to the suitability for planned operations on the site. It includes:



1. check of the documentation required for the lawful on the market to provide and for the commissioning of the pressure control device and the marking in accordance with the relevant statutory provisions, 2. a review of the type of installation for stationary pressure-bearing devices pursuant to § 46, 3. a review of the external condition of the pressure control device and 4. a review of the function of the equipment of the pressure control device.


(3) the first operating test shall be performed according to the hazard potential of the pressure control device at the request of the operator of an inspection body for the operational phase in accordance with § 19 at pressure control devices with high potential of danger or a knowledgeable person at pressure control devices with low hazard potential.

Repairs and modifications

51. (1) If a repair is given when a pressure-leading device preventive or because it no longer meets the safety requirements of the Act and the decree or not more safe to operate, brought by technological practices such as repair welding, replacement of components or materials in that State, which ensures secure proper operation at least up to the next due internal recurring examination.

(2) a change is if another State than the State at the time of the full conformity of the pressure control device is achieved due technological practices, such as E.g. the insertion of new additional components, change the operating parameters or by using other fluids. Pressurised equipment, where significant changes are, been made which change their original performance, purpose or type after it went into operation, are to be regarded as a new product and to undergo a conformity assessment procedure for the placing on the market in accordance with article 5. This is to assess separately from case to case.

(3) repairs and changes that affect the integrity of a pressure control device, must be carried out by those establishments which meet the legal requirements for establishing appropriate pressure control devices or from other companies, provided that they are sufficiently competent to perform the relevant service and modifications, and above all appropriate approvals of work procedures and staff have.

(4) inspections of repairs and changes in accordance with par. 3 pressure control devices with high risk potential by the competent inspection body for the operational phase in accordance with § 19 under assistance of a conformity assessment body for the placing on the market in accordance with article 18, their akkreditierung includes conformity assessment of design and manufacture of the pressure control devices, must be carried. Required non-destructive inspections are carried out exclusively by accredited bodies and by the competent inspection body for the operational phase. § 4 par. 1 to 4 and 6 shall apply with regard to the requirements for amendments referred to in paragraph 3.

(5) before a pursuant to par. 3 pressure control repaired or modified device with low risk potential has the operator or of competent person authorized in good condition including the fit and function of the equipment of the pressure control device to control.

Authority to issue regulations

§ 52. further provisions about



1. the preparation of the pressure control devices, 2. the nature and definition of protection zones and safety distances, 3. the implementation of the first audit and the recurring studies, 4. the operation of pressure control devices, 5. the requirements of filling stations and the filling staff, 6 loss events endangering the obligations of the operator and the behavior of the security, 7 the limits between low and high potential of danger of pressure control devices depending on their ingredients and operating conditions , 8. the easing of rules relating to the commissioning, the filling and the first audit on the basis of interpretation and intended operation of the pressure control devices, 9 the procedure for and the tests may be adopted after repairs and changes by the Federal Ministry of science, research and industry through regulation.

8 section

Recurring inspection

Principles

53. (1) recurring testing pressure equipment in accordance with article 3, paragraph 1 should be Nos. 1, 5 and 6 depending on the risk potential of a testing laboratory for the operation with pressure control devices with a high risk potential, or by the operator or a competent person authorised by him in pressure control devices with low hazard potential. Testing laboratory for the operation may be an inspection body for the operational phase, in accordance with article 19, paragraph 1 or an in-house inspection service pursuant to § 21 para 2.

(2) the monitoring measures in the context of recurrent studies are used as safety assessment of pressure control devices within the meaning of § 1 and 4 for the period up to the next planned recurring examination.

(3) pressure control devices with high potential of danger all through the operation of the pressure control device reasonably foreseeable and anticipated damage mechanisms and failure mechanisms are based on a risk analysis from a testing laboratory for the operation in cooperation with the operator with the relevant causes, which can cause a compromising of the integrity of the pressure control device to capture. The hazard analysis forms the basis for the allocation in accordance with article 54, paragraph 1. An allocation to a special provision in accordance with § 55 para 4 and 5 are not applicable.

(4) on the basis of risk analysis, a catalogue of measures is to create by the inspection body for the operation with the involvement of the operator. This serves to determine the monitoring measures necessary for use of the pressure control device provided or to be adopted to determine damage and failure phenomena according to the risk analysis conducted at one time, yet neither the safety of the pressure control device is included for the. Actions may be also due to the design of the pressure control device.

(5) the catalogue of measures is to create that those measures are contrasted with the each possible damage and failure mechanisms, which are suitable for the timely detection and identification of damage, as well as to avoid adverse effects on the pressure-bearing device.

Procedure

54. (1) pressure conveying devices in accordance with article 3, paragraph 1 are Nos. 1, 5 and 6 with high risk potential with regard to their type of monitoring one of the following ways to allocate:



1. monitoring in accordance with special regulations, 2. monitoring in accordance with inspection stage, 3. Risikoorientierte inspection, 4. monitoring according to special program.

(2) in making the allocation, the operator has to appoint a review board for the operation no later than three months after completion of the first operating test. Testing laboratory for the operation may be an inspection body for the operational phase, in accordance with article 19, paragraph 1 or an in-house inspection service pursuant to § 21 para 2. The testing laboratory for the operation may be appointed with the allocation already in the framework of the implementation of the first audit.

(3) arises during operation of the pressure control device or investigations recurring in the context of audits, and reviews, extraordinary exams or other monitoring measures, that the existing allocation is no longer justified due to changed operating conditions, established injury symptoms, from results of additional tests, etc., so a change is paragraph 1, taking into account the risk analysis and a catalogue of measures in accordance with article 53 by the competent inspection body for the operation of the allocation in accordance with to make.

(4) the safety of a pressure control device must be ensured by the monitoring referred to in paragraph 1. This is to certify by the competent inspection body for the operation. The operator changes within the test period the inspection body for the operation, the now competent testing laboratory for operation has to certify the safety of the pressure control device for the remaining period of the test.

Monitoring in accordance with special provisions

Section 55 (1) of the Federal Ministry of science, research and economy can for certain types of pressure control devices, that same damage and failure mechanisms are concerned, taking into account the principles of article 53, with regulation special provisions for recurrent tests of these devices with regard to type and define scope, tasks of the operator and the inspection body for the operation, as well as the periodic check-up.

(2) pressure conveying allot devices that are one of which special provisions in accordance with paragraph 1 are covered, of the applicable special provisions and without prejudice to article 54 paragraph 3 according to this to check. Excluded are those pressure control devices that are part of an installation, which a risk-oriented inspection according to § 57 is allocated.

Monitoring according to the inspection stages.

§ 56. (1) the Federal Minister for science, research and economy can set test levels with regulation, which are defined by same technical criteria of the operation, as well as the resulting derivable foreseeable and anticipated damage and failure mechanisms. Type to set the scope and tasks of the operator or owner, and the inspection body for the operation, as well as periods of recurring studies are within the meaning of article 53 with the inspection stages.


(2) for pressurised equipment that provided not by a special provision pursuant to article 55 or are assigned to a risk-based inspection in accordance with section 57, are to determine the technical criteria of the operation and the damage may occur, mechanisms and measures necessary in the sense of § 53. Such pressure control devices are to assign to the identified technical criteria of test level applicable for them to and perform the monitoring according to the inspection stage.

Monitoring in accordance with risk-based inspection

Section 57 (1) with the risk-based inspection (ROI) the methods and intervals of recurring studies for pressure-bearing devices and modules are set depending on of the damage and the damage probability. A ROI under the following conditions may be applied under application of article 53:



1. There are internationally recognized industry-specific European or American rule works of the ROI to be applied and on which basis an installation specific ROI report with integrated testing and inspection plan to create.

2. the ROI report with integrated testing and inspection plan has to include a detailed analysis of the possible damage and failure mechanisms per unit and printing device and is periodically to update and to adapt, if necessary, modified risk.

3. There are at particular risk to use customized surveillance systems for compliance with specified limits of procedural processes and fluid and pressure device components.

4. pressure equipment and assemblies for which no adequate knowledge of possible damage mechanisms is available, is to set before application of the ROI of the recurring period for the first examination in accordance with article 56 or, where appropriate, a shortened test period.

5. for pressure equipment into operation for the first time and components, that have no high quality in terms of regulations adopted pursuant to section 52, is set prior to application of the ROI of the recurring period for the first examination in accordance with article 56.

6. in application of the ROI rule works, a testing and inspection plan to set and release is by an inspection body for the operational phase in accordance with section 19.

7. the required as a result of the testing and inspection plan non-destructive tests are carried out by bodies accredited for that and to document and evaluate by the inspection body for the operational phase.

8 by the inspection body for the operation phase are recurring tests in accordance with the testing and inspection plan, which must contain at least periodic pressure tests in terms of regulations adopted pursuant to section 52, making.

9 Risikoorientierte maintenance planning and maintenance are set testing and inspection plan to carry out in coordination with the by the inspection body for the operational phase.

10. the inspection body for the operational phase, in accordance with article 19 has to create a test report to no. 6, and to submit the Federal Minister for science, research and economy, which can give a technical assessment to period of twelve weeks. The technical assessment is binding on the allocation and the final execution of the ROI. Is no technical opinion is issued, the monitoring measures and intervals may be applied after the proposed ROI. It is the Federal Minister for science, research and industry to inform.

(2) the Federal Minister for science, research and economy may adopt by regulation detailed provisions to the risk-oriented inspection procedures, requirements, tasks, and requirements for operators and inspection bodies.

Monitoring according to special program

section 58. For pressurised equipment, not covered by a special provision in accordance with section 55 or a risk-oriented inspection according to § 57 and for technical reasons, in compliance with the proportionality of the effort an allotment to an inspection stage is not appropriate, the Federal Minister for science, research and business regulation can establish procedures, that the inspection bodies responsible for the operational phase by applying the provisions of article 53 to create special programs for the recurrent investigations.

Transportable pressure equipment

§ 59. further provisions for inspections during the operational phase as well as after repairs or modifications of pressure control devices in accordance with article 3, paragraph 1 Nos. 2 and 7, excluding transportable pressure equipment used exclusively for the transport of dangerous goods between Member States and third countries in accordance with article 1 of Directive 2010/35/EU can be set by regulation by the Federal Minister for science, research and economy.

Power gas tanks

§ Provisions with regard to the filling, the periodic inspections, repairs and changes of pressure control devices in accordance with article 3, paragraph 1 can 60th for more Z 4 including technical services conducting them by the Federal Minister for science, research and economy are set by regulation.

Devices with low-risk

section 61. The Federal Minister for science, research and economy can set regulation for pressurised equipment in accordance with article 3, paragraph 1 Nos. 1, 5 and 6 with low risk or low predictable and expected damage and failure mechanisms qualifiers about the nature, extent and frequency of periodic inspections.

Recommissioning

§ 62. Be introduced in operation staunch pressurised equipment in accordance with article 3, paragraph 1 Nos. 1, 5 and 6 on another site or such longer than one year continuously, not in use, before resumption of activities by the interruption or change of place reasonably to set the foreseeable and anticipated damage, which could jeopardise the integrity of the pressure control devices to identify and checks are so , a safety assessment for the other operating permit (carrying out of an audit). Analysis and checks are performed for pressurised equipment with high risk potential by an inspection body for the operational phase in accordance with section 19 or an in-house checking service for those with low risk potential by knowledgeable people. The Federal Minister for science, research and industry may lay down more detailed provisions procedure relating to the audit, requirements, certificates, tasks and requirements to operators and test centres by regulation.

Recurring studies in another Member State

§ 63. with regard to the recognition of recurring analysis of pressure control devices, other than devices in accordance with article 3, paragraph 1 No. 2, which were carried out in another Member State is without prejudice to the provisions to the reopening in accordance with § 62 on the provisions of Regulation (EC) No. 764 / national technical regulations 2008 laying down procedures relating to the application of certain products that have been put in another Member State lawfully on the market , and repealing the decision No. 3052 / 95 / EC, OJ P. 21, reference no. L 218 of August 13, 2008.

9 section

General conditions of the execution

Exceptional cases

section 64. The Federal Minister for science, research and economy may in justified individual cases individual authorisations for the placing on the market, the installation and the operation of pressure control devices with know grant, provided that



1. the applicable essential safety requirements or the principles for safe operation in accordance with the sections 4, 46 and 53, 2. an at least equivalent safety level is given, 3. proportionality is improved by effort which and 4. are these individual licences in accordance with the European Community harmonisation or European Convention.

Liability

section 65. With regard to the liability the provisions of the product liability Act, Federal Law Gazette apply to faulty products affected by the scope of this federal law without prejudice to of § 66 No. 99/1988.

Financial security

§ 66. The minimum amount of coverage for personal injury, property damage and damage to property in accordance with Annex I can parts 1 and 4 of the Federal Ministry of science, research and economy by ruling or regulation are set.

Statistics

67. (1) conformity assessment bodies, are been empowered by the Federal Ministry of science, research and economy have to submit an annual report to this year.

(2) the Federal Minister for science, research and business has a statistic from the viewpoint of security technology, to create the information of the economy and controlling the monitoring on the basis of the reports referred to in paragraph 1.

(3) for more provisions on the submission of reports and the scope of the statistics, and publishing can be set by regulation by the Federal Minister for science, research and economy.

Penal provisions

section 68. Commits an administrative offence and is from the market surveillance authority with a fine



1. up to 10 000 euro to punish, who a)

pressurised equipment takes after repairs or changes contrary to the provisions of § 51 back in operation;

(b) for the filling of pressure control devices § 52 including the § 49 the appurtenant regulations according to disrespected;

(c) pressure tests not carried out according to § 47;

d) as manufacturer of the claim not or not timely comply with periodic assessment and monitoring its quality assurance measures in accordance with article 5, together with the related regulations made pursuant to section 8;

e) as owners or operators of pressurised equipment does not comply with the obligations pursuant to article 13 or article 14;

(f) provisions in accordance with section 46 and the provisions of the regulation, adopted in accordance with article 52 does not comply on the preparation of the pressure control devices;

2. up to 25 000 euro to punish, who a) provides pressure-bearing devices on the market that are fraught with a lack of formal non-compliance in accordance with section 44;

b) pressurised equipment contrary to the provisions of section 50 or section 62 in operation takes;

c) as owner or operator of pressurised equipment violated requirements of the authority in accordance with section 39;

(d) as owners or operators of pressure control devices whose recurring tests according to paragraphs 53 to 60 causes not or not timely.

Enforcement

section 69. With the enforcement of this Act are



1. with regard to sections 21, 24 to 27, 30 to 34, 37 to 39, 41 to 43 and 45 of the Federal Minister for science, research and industry and the Federal Minister for transport, innovation and technology, each within its area of effect, 2. in terms of section 65 of the Federal Minister of Justice, 3. Moreover the Federal Minister for science, research and economy entrusted.

10 section

Final provisions

Entry into force

That sections 18 and 38, 70 para 1 and attachment I of the Federal Act apply section 70 (1) with the day following the announcement.

(2) sections 1 to 17, 39 to 69, 70 para. 2 to 76 and annex II to this Act enter into force with 20 April 2016.

Expiry of

§ 71. The boilers Act, Federal Law Gazette No. 211/1992, as last amended by Federal Law Gazette I no. 28/2012, occurs at the end of the 19th April 2016 override.

Continuing validity

72. (1) the pressure device directive - DGVO, Federal Law Gazette II No. 426/1999, as amended by regulation BGBl. II Nr 336/2014, continues to apply until the entry into force of a regulation replacing it according to § 8 as federal law.

(2) that simple pressure vessels regulation, Federal Law Gazette No. 388/1994, shall apply until the entry into force of a regulation replacing it according to § 8 as federal law further.

(3) the printing device control regulation - DGÜW-V, Federal Law Gazette II No. 420/2004, as amended by regulation BGBl. II Nr 165/2015, continues to apply until the entry into force of a regulation replacing it in accordance with the articles 52, 55, 56, 58, 61 and 62 as federal law.

(4) the transportable pressure equipment regulation 2011 - ODGV 2011, Federal Law Gazette II No. 239/2011, as amended by regulation BGBl. II Nr 165/2015, continues to apply until the entry into force of a regulation replacing it according to §§ 8, 52 and 59 than federal law.

(5) shipping container regulation 2011 (VBV 2011), Federal Law Gazette II No. 458/2011, apply with the exception of the provisions of articles 3 and 10 of deploying force gas tanks on the market until the entry into force of a regulation replacing it according to §§ 8, 52, 59 and 60 as federal law further. As regards the provisions concerning the deployment of small non-refillable capsules for compressed or liquefied gas on the market, the shipping container regulation is to apply 2011 until 30 June 2017. 2011, refueling devices for the filling of power gas tanks with CNG (natural gas or Biomethane) with a maximum permissible filling and operating pressure of 20 MPa at 15 ° C gas temperature, maximum flow rate of 15 Nm3/h and a maximum input pressure of 0.5 MPa, which were placed as pressure equipment on the market, not subject to the shipping vessel regulation to the Federal law. The filling of power gas tanks with CNG (natural gas or Biomethane) with such refuelling equipment is therefore allowed.

(6) the aerosol packaging Ordinance 2009, Federal Law Gazette II No. 314/2009, as amended by regulation BGBl. II Nr 439/2013, continues to apply until the entry into force of a regulation replacing it according to § 8 as federal law.

(7) the pressure tank installation regulation DBA-VO, Federal Law Gazette II No. 361/1998, continues to apply until the entry into force of a regulation replacing it according to § 52 as federal law.

(8) Regulation setting up and operation of Steam Boilers - ABV, BGBl. No. 353/1995, as amended by regulation BGBl. II Nr 147/2012, continues to apply until the entry into force of a regulation replacing it according to § 52 as federal law.

(9) the regulation of automated operation of steam boilers - ABD-V, Federal Law Gazette II No. 147/2012, continues to apply as far as she was adopted on the basis of provisions of the boiler until the entry into force of a regulation replacing it according to § 52 as federal law.

(10) the regulation Statistics Act the boiler - STAVO, Federal Law Gazette II No. 200/1998, as amended by regulation BGBl. II Nr 183/2003, continues to apply until the entry into force of a regulation in accordance with section 67 as a federal law replacing it.

(11) the regulation monitoring of LPG conversion containers, Federal Law Gazette II No. 136/2012, as amended by regulation BGBl. II Nr 172/2013, continues to apply until the entry into force of a regulation replacing them pursuant to § 39 para 6 as federal law.

(12) the 2nd pressure equipment Prohibition Ordinance, Federal Law Gazette II No. 96/2007, continues to apply until the entry into force of a regulation replacing them pursuant to § 39 para 6 as federal law.

Existing authorisations

Section 73 (1) according to the law in the boiler at the time of its expiry approved pressurised equipment may without prejudice to in accordance with the § 3 par. 4, 8, 17, 25, 34 para. 3, 38, 39 paragraph 8, 45, 52, 55 paragraph 1, 56 para 1, 57 regulations to adopt paragraph 2, 58 to 62, 66 and 67 (3) or a notice issued on the basis of this Act continue to be operated.

(2) according to the boiler law permits issued and existing at the date of its expiry and Befugungen remain unscathed in accordance with § 3 ABS. 4, 8, 17, 25, 34 para. 3, 38, 39 paragraph 8, 45, 52, 55 paragraph 1, 56 para 1, 57 regulations to adopt paragraph 2, 58 to 62, 66 and 67 (3) or a notice issued on the basis of this Act upright.

References

As far as other federal laws is referenced in this federal law provisions, these are 74. (1) in their respectively valid version to apply.

(2) as far as provisions of the boiler is referenced in other federal laws and regulations, the relevant provisions of this Federal Act occur notwithstanding the references in paragraph 3 in its place.

(3) references on



1 initial inspection bodies correspond to references on sites for the placing on the market in accordance with article 18, paragraph 1, 3 and 4;

2. boiler bodies correspond to references on inspection bodies for the operating phase in accordance with section 19;

3. pressure vessels comply with references to pressure equipment or assemblies referred to in article 2, paragraph 1 Z 3 and Z 4;

4. pipes correspond to references on piping in accordance with article 2, paragraph 1 Z 2.

Linguistic equal treatment

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

Acts of the European Union

section 76. By this federal law, the legal basis for the implementation of the following Community harmonisation will be recast:



1. directive 2014/68/EC on the harmonisation of legislation of Member States concerning the provision of pressure equipment on the market, OJ No. L 189 of the 27.06.2014 p. 164.

2. Policy 2014/29/EC on the harmonisation of legislation of Member States concerning the provision of simple pressure vessels on the market, OJ No. L 96 of the 29.03.2014 p. 45.

3. directive 2010/35/EC on transportable pressure equipment and repealing Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC, OJ No. L 165 of June 30, 2010 p. 1.

4. Directive 75/324/EEC on the approximation of the laws of the Member States relating to aerosol dispensers, OJ No. L 147 of the 09.06.1975 p. 40, amended by Directive 2013/10/EC, OJ No. L 77 of the 20.03.2013 p. 20.

Fischer

Faymann



Annex I

Requirements for conformity assessment bodies

Part 1

General requirements

Following requirements for conformity assessment bodies in accordance with §§ 18 para 1 and 2 and 19 paragraph 1:



1. a conformity assessment body that performs conformity assessment in the framework of harmonisation legislation for pressurised equipment and authorized in Austria or to be notified, must be established under Austrian law and have legal personality.

2. a conformity assessment body it must be to an independent third party, which is available with the pressure control devices, he assessed, no connection. A body that belongs to a trade association or a trade association and rated pressure-bearing devices, on their design, manufacturing, provision, Assembly, use or maintenance involved companies, which are represented by this association can be considered such a body, on the condition that its independence and the absence of any conflict of interest are demonstrated.

3.

A conformity assessment body, its top level of management and the personnel responsible for the conformity assessment tasks shall be neither Designer, manufacturer, supplier, Installer, purchaser, owner, user, gantry or maintenance operation of the pressure control devices to be assessed nor representative of one of these parties. This excludes using already an assessed pressure control devices, which are necessary for the activity of the conformity assessment body or the use of such pressure control devices for personal use.

4. a conformity assessment body, its top level of management and the personnel responsible for the conformity assessment tasks may not be involved directly in the design, manufacture or construction, marketing, installation, use or maintenance of the rated pressure control devices, nor represent the parties involved in these activities. They may not deal with activities, which might impair their independence in assessing or their integrity relating to the conformity assessment activities for which they are accredited. This applies particularly for consulting services.

5. the conformity assessment bodies have to ensure that activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

6. the conformity assessment bodies and their staff have carried out the conformity assessment activities with the highest degree of professional and the necessary expertise in the relevant field. You may be exposed to any inducements, in particular financial, which could affect their judgement or the results of their conformity assessment activities, and specifically emanates from persons or groups of persons who have an interest in the outcome of these activities.

7. a conformity assessment body must be able to cope with all conformity assessment tasks that fall to you according to the provisions of this Act and for which it was authorized, regardless of whether these tasks are fulfilled by the body itself, on its behalf or under its responsibility.

8. a conformity assessment body shall at all times, for each conformity assessment procedure and for each type and category of pressure control devices for which it has been authorized to have about: a) the tasks incurred necessary personnel with technical knowledge and sufficient relevant experience to which the conformity assessment, b) descriptions of procedures, according to which conformity assessment is performed, the transparency and the repeatability of these procedures to ensure and an adequate policy and procedures , where between the tasks that perceives it as authority, and other activities, distinguishes c) procedure for carrying out conformity assessment activities, taking due account of the size of a company, the industry in which it operates, its structure, the degree of complexity of the product technology and the fact that the production process is a mass production or mass production.

9. the conformity assessment body have the necessary resources to perform the technical and administrative tasks to available, connected with the conformity assessment, reasonable and it has access to all necessary equipment or facilities.

10 must have employees who are responsible for carrying out the conformity assessment activities,: a) a solid technical and vocational training, which includes all activities for conformity assessment in the field, for which the conformity assessment body has been empowered, b) a satisfactory knowledge of the requirements associated with the reviews to be conducted, and the appropriate powers conduct such reviews, c) appropriate knowledge and understanding of the essential safety requirements of this Act and the associated regulations , the harmonisation of the European Union and the relevant harmonized standards, d) the ability to create certificates, protocols and reports as evidence of carried out reviews.

11. the impartiality of the conformity assessment bodies, their top levels of management and staff responsible for the conformity assessment tasks shall be ensured.

12. the remuneration of top-level management and staff evaluate the conformity assessment body must not depend on the number of assessments carried or their results.

13. an adequate financial security by the conformity assessment body for cases of damage liability insurance must be ensured.

14 information which receive the personnel of a conformity assessment body in carrying out its tasks in accordance with this Act or the regulations, covered by the professional secrecy, except to the competent authorities. Property rights must be protected.

15. the conformity assessment bodies have to serve on the relevant standardisation activities and the activities of the coordination group, which created within the framework of the relevant Community harmonisation of the European Union, and must ensure that its assessment personnel is informed of, and have to apply the administrative decisions drawn up by this group and documents as a general guideline.

Part 2

Conformity assessment bodies for the placing on the market

Paragraph 1 below requirements apply to points according to the § 18 para 1 and 20 in addition to the requirements laid down in part 1:



1 only staff with proven knowledge must be for the monitoring of quality management systems of manufacturers businesses and filling stations to assess the applied manufacturing and filling methods and quality assurance systems.

2. conformity assessment bodies have the Federal Minister for science, to provide information about their activities research and economy on demand for the placing on the market. This also refers to information relating to already mandated in the future but only performed test activities (activity planning).

3. the conformity assessment bodies have on the basis of this Act and the associated regulations to follow made orders of the Federal Minister for science, research and industry immediately or within a specified period.

4. the conformity assessment bodies have the Federal Minister for science to communicate the current contact details and the address of its registered office research and economy.

Part 3

Inspection bodies for the operation phase

Following requirements apply to agencies in accordance with article 19, paragraph 1 in addition to the requirements laid down in part 1:



1. the inspection bodies have to have for the implementation of tax audits, recurring surveys and inspections referred to in articles 50, 51, 53 to 58 and 62 of suitable test equipment and operate a quality management system. It must be suitable facilities to the pressure and temperature measurement, nondestructive material testing and testing of safety equipment of pressure control devices available.

2. supervising the diagnosis and assessment of tests dealing employees are persons to entrust, who can present following training and practice: a) a successful degree in relevant discipline at a technical university or b) a successful degree in relevant discipline at a technical college and a minimum one year relevant professional experience or c) a successful completion of a technical college and a post-secondary technical education and a minimum two years relevant practical experience.

3. the technical management has to be made that the requirements of the Z 2 lit by a person. a or b meets and relevant worked for at least three years. This person also has the training to the security officer to complete.

4. an inspection body must have qualified personnel to carry out destructive testing. The proof about the conclusion of appropriate special education and a minimum one-year inspection practices is to provide.

5. inspection bodies have to provide information about their activities the notifying authority under section 26 on request. This also refers to information relating to already mandated in the future but only performed test activities (activity planning).

6 inspection bodies have to comply with the rulings of the notifying authority according to § 26 immediately or within a specified period.

7 inspection bodies have to inform the notifying authority under section 26 the current contact details and the address of its registered office.

Part 4

Operator testing

The following requirements for agencies in accordance with article 20, paragraph 1:



1.

An operator test which authorized in Austria or to be notified, must be established under Austrian law and have legal personality. An operator test must be distinguished organizationally and through reporting procedures have within the group to which it belongs, that ensure their impartiality and demonstrate.

2. an operator test, their top management and the employees responsible for the conformity assessment tasks shall be neither Designer, manufacturer, supplier, Installer, purchaser, owner, user or maintenance operation of the pressure control devices of still represented by one of these parties to be assessed. This excludes using already an assessed pressure control devices, which are necessary for the activity of the operator body or the use of such pressure equipment for personal use.

3. an operator test, their top management and the employees responsible for the conformity assessment tasks may not be involved directly in the design, manufacture or construction, marketing, installation, use or maintenance of the pressure control devices, nor represent the parties involved in these activities. They may not deal with activities, which might impair their independence in assessing or their integrity relating to the conformity assessment activities for which they are accredited. This applies particularly for consulting services.

4. the operator Review Board and its staff have carried out the conformity assessment activities with the highest degree of professional and the necessary expertise in the relevant field. You may be exposed to any inducements, in particular financial, which could affect their judgement or the results of their conformity assessment activities, and specifically emanates from persons or groups of persons who have an interest in the outcome of these activities.

5. an operator testing laboratory must be able to cope with all conformity assessment tasks that fall to you according to the provisions of this Act and for which it was authorized, regardless of whether these tasks are fulfilled by the body itself, on its behalf or under its responsibility.

6. an operator laboratory has at any time, for each conformity assessment procedure and for each type and category of pressure control devices for which it has been authorized to have about: a) the tasks incurred necessary personnel with technical knowledge and sufficient relevant experience to which the conformity assessment, b) descriptions of procedures, according to which conformity assessment is performed to ensure the transparency and the repeatability of these procedures. She has adequate policies and procedures to have a distinction is made between the tasks which they perceived as authority, and other activities, c) procedures for the implementation of activities, taking due account of the size of a company, the industry, where it operates, its structure, the degree of complexity of the product technology and the fact that the production process is a mass production or mass production.

7 the necessary funds to the appropriate registration of the technical and administrative tasks must be. the operator body are connected with the conformity assessment, and she must have access to all necessary equipment or facilities.

8 must have employees who are responsible for carrying out the conformity assessment activities,: a) a solid technical and vocational training, which includes all activities for conformity assessment in the field, for which the operator Review Board was authorized, b) a satisfactory knowledge of the requirements associated with the reviews to be conducted, and the appropriate powers conduct such reviews, c) appropriate knowledge and understanding of the essential safety requirements of this law and its regulations , the relevant harmonised standards and of the relevant provisions of Community harmonisation of the European Union and national legislation, d) the ability to create certificates, protocols and reports as evidence of carried out reviews.

9. the impartiality of the operator body, their top levels of management and staff responsible for the conformity assessment tasks shall be ensured. The operator Review Board may investigate any activity that could harm the independence of judgement or integrity in relation to their assessment activities.

10. the remuneration of top-level management and staff of the operator test graders may not depend on the number of assessments carried or their results.

11. an adequate financial security through the operator test for cases of damage liability insurance must be ensured.

12. information, which received the employee of an operator of body in carrying out its tasks in accordance with this Act or the regulations, covered by the professional secrecy except to the competent authorities. Property rights must be protected by the operators body.

13. the operator stations for the placing on the market have the relevant standardisation activities and the activities of coordination groups to participate in, which have been created in the framework of the relevant Community harmonisation of the European Union, have to ensure that its assessment personnel is informed of, and have the administrative decisions drawn up by this group and documents as a general guideline to apply.

Part 5

Affiliates of conformity assessment bodies, as well as subcontracting



1. awards a conformity assessment body in accordance with the sections 18 to 20 specific tasks connected with conformity assessment or inspection to subcontractor or transfers them to a branch company, has to make sure, that the subcontractor or the subsidiary meets the applicable requirements of Appendix I to parts 1 to 4, and the notifier to teach authority according to § 26 according to.

2. the conformity assessment bodies have full responsibility for the work carried out by subcontractors or subsidiaries, regardless of where they are established, to wear.

3. work may be only awarded to a subcontractor or transfer a branch company, when the principal of the conformity assessment body agrees.

4. the conformity assessment bodies have to provide the relevant documentation concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work performed by him for the notifying authority under section 26.



Annex II

Obligations of conformity assessment bodies



1. conformity assessments and inspections are perform respecting of proportionality, avoiding unnecessary burdens for economic operators.

2. the conformity assessment bodies have their activities taking due account of the size of a company, the industry in which it operates, to exert its pressure control structure as well as the level of complexity of the affected device technology and the Massenfertigungs - or serial nature of the production process.

3. here, they have however so strictly to proceed and to comply with such a level of protection, as it is required for the conformity of the pressure control device with the legal requirements.

4. where a conformity assessment body finds that a manufacturer has not meet the requirements that are set in this law and the related regulations, the relevant harmonised standards or other technical specifications, she has to ask the manufacturer to take appropriate corrective actions, and may issue any certificate of conformity.

5. a conformity assessment body issued already a certificate and notes in the context of the monitoring of conformity that the pressurised device no longer meets the requirements, it has the manufacturer, owner or operator prompting, appropriate corrective action to take and the certificate if necessary to suspend or withdraw them.

6. If no corrective action taken or show them not having the required effect, has, where appropriate, to restrict all certificates, to suspend it or to withdraw it and to inform the market surveillance authorities of the conformity assessment body.

7.

An inspection body, an operator test for the operating phase or an in-house inspection service on the occasion of deficiencies affecting the safety of the plant inspections, finds this place has to inform the operator thereof and to demand their remedies and any safety measures within a reasonable period of time or the setting of the operation depending on the severity of the defects and to put this request in writing. After expiry of the period or prior to resumption of the operation, the point about order of operator of the deficiencies and the condition of the pressure control devices has to convince.

8. after fruitless expiry of the period or in those cases in which a reduction of the operating pressure or closing as required was considered, has the inspection body for the operational phase, the market surveillance authority thereof to inform the operator Review Board or the in-house inspection service and to specify the measures required that appears to remedy the defects.