Change Of The Measurement And Calibration Act

Original Language Title: Änderung des Maß- und Eichgesetzes

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148. Federal law, which changes the law of measure and calibration

The National Council has decided:

The measure and calibration law (MEG), BGBl. No 152/1950, as last amended by the Federal Law BGBl. I No 10/2015, shall be amended as follows:

1. § 7 (4) reads:

" (4) Non-automatic weighing instruments which are not subject to the calibration obligation shall bear the following inscriptions clearly visible, legible and permanently:

1.

the name of the manufacturer, registered trade name or registered trade mark;

2.

Maximum load in the form "Max ...". "

2. In accordance with § 18, the following heading and the following § § 18a to 18g are added:

" 6. Notification of posts

§ 18a. (1) Notifying authority in accordance with Article 24 of Directive 2014 /32/EU on the harmonisation of the laws of the Member States relating to the provision of measuring instruments on the market (recast), OJ L 327, 31.12.2014, p. No. 149, as amended by the Delegates Directive (EU) 2015/13, OJ L 348, 28.12.2014, p. No. 42, and in accordance with Article 20 of Directive 2014 /31/EU on the approximation of the laws of the Member States relating to the provision on the market of non-self-employed weighing instruments, OJ L 327, 22.12.2014, p. No. OJ L 96, 29.03.2014 p. 107, is the Federal Minister for Science, Research and Economy. Within its scope of action, it has to entrust an organizational unit with the operational implementation of the notification and to equip it with the necessary resources.

(2) The Federal Minister for Science, Research and the Economy shall present the notification in accordance with Article 19 of Directive 2014 /31/EU and in accordance with Article 23 of Directive 2014 /32/EU.

(3) The notifying authority may only notify conformity assessment bodies which comply with the requirements of the Regulations pursuant to § 18 Z 4.

The notifying authority shall inform the Commission and the other Member States of the notification by means of the electronic notification instrument, which is developed and managed by the Commission.

(5) A notification shall have information on the types of measuring instruments for which the relevant body has been notified and, where appropriate, the equipment accuracy classes, measuring range, metrology and other equipment characteristics, which shall cover the size of the measuring instruments. Limit the notification. A notification shall contain complete information on the conformity assessment activities, the conformity assessment modules concerned and the measuring instruments, as well as the relevant certificate of competence.

(6) The body in question may carry out the tasks of a notified body only if neither the Commission nor the other Member States are notified within two weeks of a notification if an accreditation certificate is available; or have raised objections within two months of notification, if no accreditation has been granted. Only such a body shall be deemed to be the notified body for the purposes of the Directives referred to in paragraph 1 above.

7. The notifying authority shall notify the Commission and the other Member States of any subsequent amendment to the notification.

§ 18b. (1) Evaluation and monitoring pursuant to Art. 20 (2) of Directive 2014 /31/EU and pursuant to Article 24 (2) of Directive 2014 /32/EU shall be effected by "accreditation Austria" as a national accreditation body within the meaning of Regulation (EC) No 765/2008 on the rules for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No. 30., for bodies which have a relevant letter of accreditation.

(2) Provided that the body does not have an accreditation certificate, the inspection and monitoring shall be carried out by the notifying authority. For this purpose, the Federal Minister for Science, Research and the Economy may appoint experts and take into account assessments of relevant international organisations.

(3) Barauslagen which the notifying authority has grown under the procedures referred to in paragraph 2 shall be borne by the body to be notified. Guided by the principles of appropriateness, purity and cost savings, the notifying authority of the body to be notified may be notified of such costs, after verification of the factual and computational correctness by the competent authority. Notifying authority to pay directly to the accounting officer.

§ 18c. (1) The application for notification of a body pursuant to Art. 26 (1) of Directive 2014 /31/EU or in accordance with Article 31 (1) of Directive 2014 /32/EU shall be submitted to the Federal Minister for Science, Research and Economics.

(2) The applicant body shall attach an accreditation certificate to the accreditation body within the meaning of Regulation (EC) No 765/2008 for the notified notification scope, which certifies that the body meets the requirements of Art. 23 of Directive 2014 /31/EU or in accordance with Article 27 of Directive 2014 /32/EU. Where the proof of competence and requirements is not based on an accreditation certificate, the applicant conformity assessment body shall submit all the necessary documents which are appropriate, its competence and the fulfilment of the requirements of the shall be demonstrated.

(3) The notification request shall contain:

1.

description of the conformity assessment activities, including the personnel used for this purpose;

2.

description of conformity assessment modules;

3.

description of the measuring instruments;

4.

Description of the measuring instruments for which this body is subject to competence;

5.

The letter of accreditation or corresponding documents, which are suitable for the verification of the competence as well as the requirements of Art. 23 of Directive 2014 /31/EU or Article 27 of Directive 2014 /32/EU;

and, if there is no accreditation

6.

proof of cooperation in sectoral or cross-sectoral groups of notified bodies, for which the European Commission has to ensure that activities are covered by the notification;

7.

proof of participation in the relevant standardisation activities for the directives referred to in Article 18a (2), in so far as activities are covered by the notification;

8.

Quality management manual.

(4) If the applicant does not have an accreditation certificate in accordance with § 18b or the submitted documents proving the competence and requirements of Art. 23 of Directive 2014 /31/EU or Art. 27 of Directive 2014 /32/EU are not , the notifying authority shall reject the application. This shall also apply in the event that the requested notification scope is not included in the letter of accreditation or is not proved by the documents submitted in accordance with paragraph 2.

(5) The notification, its rejection, revocation, suspension, restriction and extension shall be notified in each case. A complaint to the Federal Administrative Court is admissible against such a decision.

(6) Monitoring of non-accredited bodies shall be carried out as follows:

1.

Verification of requirements by external experts (auditors) appointed by the notifying authority and the

2.

Transmission of an annual report to the notifying authority with the following content:

a)

procedures carried out;

b)

the qualifications of the staff;

c)

Participation in the relevant standardisation activities and cooperation in sectoral or cross-sectoral groups of notified bodies;

d)

Complaints and contacts with market surveillance authorities, following a report on the results of the report;

e)

Report on the internal audit and the management review.

§ 18d. 1. The notified bodies shall report to the notifying authority:

1.

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

2.

all circumstances which may have consequences for the scope or the conditions of the notification;

3.

any request for information on the conformity assessment activities which they have received from the market surveillance authorities;

4.

at the request of which conformity assessment activities they have followed in the course of their notification and which other activities, including cross-border activities and subcontracting, have carried out them.

The notified bodies shall transmit to the other bodies notified pursuant to the Directives referred to in Article 18a (1) similar conformity assessment activities and cover the same measuring instruments, relevant information on the negative and, on request, also on the positive results of conformity assessments.

§ 18e. (1) At the Federal Minister for Science, Research and the Economy, complaints against findings of notified bodies may be brought.

(2) The Federal Minister for Science, Research and the Economy has to examine a complaint within the meaning of paragraph 1 and may, if necessary, initiate proceedings pursuant to Section 18c (5).

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

§ 18f. The Federal Minister for Science, Research and the Economy can, in the light of the requirements of the Union law, lay down detailed rules on the notification procedure, such as the content and form to be used by the Federal Minister for Science, Research and the Environment. Forms, provided that this allows for a time-and cost-saving assessment of applications or serves to facilitate the verification of compliance with the obligations of notified bodies.

§ 18g. The Federal Minister for Science, Research and the Economy may, in agreement with the Federal Minister of Finance, charge flat fees for the expenses associated with the official acts in accordance with § § 18b and 18c pursuant to this Federal Act Regulation. "

3. § 53 reads:

" § 53. (1) Market surveillance shall be the activities carried out by the Market Surveillance Authority and the measures taken to ensure that items falling within the scope of this Federal Act meet the requirements of this Regulation. Federal law and the regulations adopted hereunder.

(2) If, in the context of market surveillance, objects are found which do not comply with this Federal Act or the regulations adopted hereunder, measures may be taken under Art. 19 and Article 20 Regulation (EC) No 765/2008, in particular:

1.

prohibit the placing on the market;

2.

Request delivery lists;

3.

the application for the production of the statutory state, for which a reasonable period must be set;

4.

Communicate the notified body or the admissions office;

5.

-set appropriate measures to prevent unintended use;

6.

Publication in the Official Journal for the calibration and in the appropriate media for the transport concerned.

In each case, the most appropriate means to achieve the target is to be applied.

(3) The forwarding of the results of market surveillance, including with the means of automation-assisted data processing, to competent international bodies shall be permitted.

(4) For the measuring instruments and other products covered by the Regulations pursuant to Article 18 (4) (4), which fall within the scope of the measure and calibration law under the harmonisation provisions of the European Union, Article 15 (3) and Art. 16 to 29 of the Regulation (EC) No 765/2008. The calibration authorities shall be considered to be market surveillance authorities within the meaning of this Regulation. The Federal Minister for Science, Research and the Economy is responsible for the coordination, reporting and settlement of the protection clause procedure.

(5) The Federal Minister for Science, Research and the Economy may, in order to safeguard the protection interests laid down in Articles 36 to 40 of Directive 2014 /31/EU and Articles 41 to 45 of Directive 2014 /32/EU, Regulations for the purpose of closer regulation of the protection interests of the market surveillance, the safeguard clause procedure and the duties of economic operators.

(6) Where measures pursuant to paragraph 2 are taken in the event of a serious danger to the safety and health of humans, the market surveillance authority shall immediately inform the Federal Minister for Science, Research and the Economy of information. The Federal Minister for Science, Research and the Economy examines the messages received for completeness and consistency, and directs this information without unnecessary delay to the Federal Minister for Labour, Social Affairs and Consumer Protection as a national contact point for RAPEX (Rapid Alert System for dangerous non-food products).

(7) In the event of the conditions laid down in Article 22 of Regulation (EC) No 765/2008, the European Commission shall be informed of the Federal Minister of Labour, Social Affairs and Consumer Protection by means of RAPEX. "

4. In § 70, the phrase "with regard to § 57 (1)" through the phrase "with regard to § § 18g and 57 (1)" replaced.

The following sentence shall be added to § 70:

"The Federal Minister of Labour, Social Affairs and Consumer Protection is responsible for the enforcement of Section 53 (7)."

6. The following paragraph 5 is added to § 71:

" (5) § 35 (3) occurs with the expiry of the 30. October 2016. "

7. § 72 (2) Z 2 reads:

" 2.

Directive 2014 /31/EU and Directive 2014 /32/EU. "

Fischer

Faymann