148. Federal law modifying the measure and calibration law
The National Council has decided:
The measurement and calibration Act (MEG), Federal Law Gazette No. 152/1950, as last amended by Federal Law Gazette I no. 10/2015, is amended as follows:
1 paragraph 7 subsection 4:
"(4) non-automatic weighing scales, which are not subject to calibration, must be visibly, legibly and permanently following inscriptions:"
1. manufacturer's name, registered trade name or registered trade mark;
2. maximum capacity in the form of "Max...". "
2. According to § 18 following heading and following sections 18a is added up to 18 g:
"6 notification of bodies
§ 18a. (1) the notifier shall authority in accordance with article 24 of Directive 2014/32/EC on the harmonisation of legislation of Member States concerning the provision of measuring instruments on the market (recast), OJ No. L 96 of the 29.03.2014 p. 149, as amended by the delegated directive (EU) 2015/13, OJ No. L 3 of the 07.01.2015 p. 42, and pursuant to article 20 of the directive 2014/31/EC on the approximation of the laws of the Member States concerning the provision of non automatic scales on the market, OJ No. L 96 of the 29.03.2014 p. 107, is the Federal Minister for science, research and economy. He has to entrust an organizational unit to the operational implementation of the notification within its sphere of competence and to equip them with the necessary resources.
(2) the Federal Minister for science, research and economy makes notification according to article 19 of Directive 2014/31/EC and article 23 of 2014/32/EU directive.
(3) the notifying authority may notify only conformity assessment bodies which meet the requirements of the regulations No. 4 according to § 18.
(4) the notifying authority shall inform the Commission and the other Member States using the electronic notification, developed by the Commission and is managed from the notification.
(5) a notification has information about the types of measuring instruments, for which the relevant authority has been notified, as well as, if necessary, the instrument accuracy classes, the measuring range, the measurement technology and other device characteristics that limit the scope of the notification, to include. A notification shall contain full details of the conformity assessment activities, the conformity assessment modules and instruments, as well as the relevant attestation of competence.
(6) the body concerned may only perform the functions of a notified body, if neither the Commission nor the other Member States within two weeks have raised objections to a notification if there is an accreditation certificate, or within two months after a notification if there is no accreditation. Only such a place is notified body for the purposes of the directives mentioned in paragraph 1.
(7) the notifying authority informs the Commission and the other Member States any subsequent relevant changes to the notification.
Article 18 b. (1) inspection and monitoring in accordance with article 20 para 2 of 2014/31/EU directive and under article 24 para 2 of 2014/32/EU Directive No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) be carried out by the "accreditation Austria" as a national accreditation body within the meaning of Regulation (EC) No 339/93 of the Council , OJ No. L 218 of August 13, 2008 p. 30, for places that have a relevant accreditation decision.
(2) unless the authority has no accreditation decision, the evaluation and monitoring of the notifying authority is to carry out. The Federal Minister for science, research and economy can order experts for this purpose, as well as take into account assessments relevant global international organisations.
(3) cash expenses, resulting the notifying authority within the framework of the procedures referred to in paragraph 2 shall be borne by the to notifying authority. Guided by the principles of appropriateness, quickness and cost savings the notifying authority of the to notifying site can be applied by decision, these costs, after examining the factual and accounting accuracy by the notifying authority, to be paid directly to the accountants.
§ 18c. (1) the application for notification of a body in accordance with article 26 paragraph 1 of 2014/31/EU directive or pursuant to article 31, paragraph 1 of the directive is 2014/32/EU at the Federal Ministry for science, to bring research and industry.
(2) the applicant Agency has for the requested Notifizierungsumfang No. 765/2008 to add an accreditation decision of the accreditation body within the meaning of Regulation (EC), which certifies that the site satisfies the requirements in accordance with article 23 of 2014/31/EU directive or in accordance with article 27 of Directive 2014/32/EU. Proof of competency and the requirements are not based on an accreditation decision, the requesting conformity assessment body has to submit all the necessary documents, which are likely to prove their competence and compliance with the above requirements.
(3) the lodged shall contain:
1. Description of the conformity assessment activities including staff employed for that purpose;
2. Description of the conformity assessment modules;
3. Description of the measuring devices;
4. Description of the instruments for that, this place claims competence;
5. the accreditation decision or supporting documents that are suitable for the detection of competence, as well as the requirements laid down in article 23 of 2014/31/EU directive or article 27 of Directive 2014/32/EU;
and, if there is no accreditation 6. proof of participation in sectoral or cross-sectoral groups of notified bodies, to ensure their institution the European Commission has, insofar as activities in the framework of the notification are covered;
7 proof of participation in the relevant standardisation activities for the directives referred to in article 18a, paragraph 2, insofar as activities in the framework of the notification are covered;
8 quality management manual.
(4) the applicant has no accreditation decision according to § 18 b or the submitted documentation to demonstrate of the competency and the requirements laid down in article are not suitable 23 of 2014/31/EU directive or article 27 of Directive 2014/32/EU, the notifying authority has the application be dismissed. This also applies to the case that the requested Notifizierungsumfang is covered by the accreditation decision or not detected by the tabled documents referred to in paragraph 2.
(5) the notification, whose refusal, revocation, suspension, restriction and extension are made each decision. Against such a decision, an appeal to the Federal Administrative Court is allowed.
(6) the monitoring of non-accredited bodies will be carried out as follows:
1 review of requests by external experts (Auditors), appointed by the notifying authority and submitting an annual report to the notifier 2. authority with the following information: a) performed procedure;
b) qualification of personnel;
(c) participation in the relevant standardisation activities and participation in sectoral or cross-sectoral groups of notified bodies;
d) was a complaints and made contacts with market surveillance authorities under connection of a relevant report;
(e) report on internal audit and the Managementreview.
§ 18 d. (1) the notified bodies have to report the following to the notifying authority:
1. any refusal, restriction, suspension or withdrawal of a certificate;
2. all the circumstances, the consequences for the scope or the conditions of notification may have;
3. any requests for information about conformity assessment activities, which they have received from market surveillance authorities;
4. on request, conformity assessment activities performed, they are pursued within the scope of their notification and what other activities, including cross-border activities and subcontracting, have executed.
(2) the notified bodies shall provide the other bodies, on the basis of the guidelines referred to in article 18a, paragraph 1 were notified, out similar conformity assessment activities and covering same instruments, relevant information about the negative and, on request, positive conformity assessment results.
section 18e. (1) appeals against findings of notified bodies can be inserted at the Federal Ministry for science, research and economy.
(2) the Federal Minister for science, research and business has to consider a complaint within the meaning of para 1 and para 5 can, if necessary, initiate a procedure according to § 18c.
(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.
§ 18f. The Federal Minister for science, research and economy can, set, more detailed provisions on the notification procedure taking into account Union legal requirements by regulation, such as content and form-to-use forms, if this allows a time - and cost-saving assessment of applications or notified bodies is used to facilitate the verification of compliance with the obligations.
§ 18 g. The Federal Minister for science, research and industry may lay down associated costs flat fees by regulation b and 18 c on the basis of this Federal Act in agreement with the Federal Minister of finance for the with the acts referred to in sections 18."
3. paragraph 53:
"53. (1) the activities performed by the market surveillance authorities and measures which are designed to ensure, are market surveillance that articles which fall within the scope of this federal law, comply with the requirements of this federal law and the regulations on this."
(2) in the context of market surveillance items found, which do not comply with this Act or the regulations on this, so in accordance with articles 19 and 20 can measures regulation (EC) No. 765/2008, in particular:
1. prohibit the placing on the market;
2. requesting delivery lists;
3. order for the production of the legitimate State for which to set a reasonable time limit is;
4. communicating the notified body or approved body;
5. place appropriate measures to prevent the unintended use;
6 publication in the official journal for the calibration industry and the media appropriate for the affected public.
This is the mildest leading to the target medium to apply.
(3) the forwarding of the results of the market surveillance, with the resources of the automation-supported data processing, to competent international bodies is allowed.
(4) for the under the regulations according to § 18 Z 4 covered by the instruments and other products that fall within the framework of the measurement and calibration act under the harmonisation provisions of the European Union shall apply article 15 paragraph 3 and articles 16 to 29 of Regulation (EC) no 765 / 2008. The be considered market surveillance authorities within the meaning of this regulation. The Federal Minister for science, research and industry is responsible for the coordination, reporting and processing of safeguard-clause procedures.
(5) the Federal Minister for science, research and economy may adopt regulations governing the area of market surveillance, the safeguard clause procedure and the obligations of economic operators to the interests of the protection laid down in article 36 to 40 of 2014/31/EU directive and article 41 to 45 of 2014/32/EU directive.
(6) if the measures referred to in paragraph 2 if there is a serious danger to the safety and health of people the market surveillance authority has the Federal Minister for science to inform research and business about it immediately. The Federal Minister for science, research and industry checks the received messages on completeness and consistency, and forwards this information without undue delay to the Federal Minister for labour, Social Affairs and consumer protection as a national point of contact for RAPEX (rapid alert system for dangerous non-food products).
(7) when the conditions of article 22 of Regulation (EC) No. 765/2008 is the European Commission of the Federal Minister of labour, to inform social and consumer protection through RAPEX."
4. in article 70 is the phrase "in terms of § 57 para 1" by the phrase "in terms of §§ 18 g and 57 para 1" replaced.
5. the following sentence is added to paragraph 70:
"The Federal Minister for labour, Social Affairs and consumer protection is entrusted with the enforcement of § 53 para 7."
6 the following paragraph 5 is added to § in 71:
"(5) § 35 paragraph 3 occurs upon the expiry of the 30 October 2016 override."
7 § 72 para 2 subpara 2 is:
"2. 2014/31/CE directive and 2014/32/CE directive."