431. Ordinance of the Federal Minister for the Interior, with which the Explosives Identification Ordinance-SprKennzV is amended (SprKennzV-Novelle 2015)

Due to § § 11 (3) and 12f (2) of the Explosives Act 2010 (SprG), BGBl. I n ° 121/2009, as last amended by the Federal Law BGBl. I No 136/2015, shall be arranged:

The regulation of the Federal Minister of the Interior on the clear identification of shooting and explosives (ExplokennzV), Federal Law Gazette (BGBl). II No 86/2013, shall be amended as follows:

1. In Section 1 (1) (1) (1) (1), after the words "the name" an accordiation and the phrase "the registered trade name or the registered trade mark and the postal address" inserted.

2. The following Z 1a is inserted in Section 1 (1):

" 1a.		if the manufacturer is not established in the European Union, the information on the manufacturer according to Z 1 as well as the name, registered trade name or registered trade mark and the postal address of the importer, "

3. In accordance with § 2, the following § 2a together with the heading is inserted:

" affixing the CE marking

§ 2a. (1) The CE marking has the general principles laid down in Article 30 of Regulation (EC) No 765/2008 laying down the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EC) No 765/2008. (EEC) No 339/93, OJ L 339, 31.12.1993, p. No. OJ L 218 of 13.08.2008 p. 30.

(2) The CE marking shall be visible, legible and durable on the shooting and explosive device itself. In the case of shoots and explosives which are to be identified and which, by virtue of their size, shape or design, cannot be fitted with the CE marking, the CE marking must be affixed to each smallest packaging unit. This is to be sealed.

(3) Signs or inscriptions which are likely to mislead third parties about the meaning and form of the CE mark may not be affixed to the shooting and explosive device itself or to the packaging. Other signs may be affixed to the shooting and explosive device itself or to the packaging, if visibility and legibility of the CE marking and other mandatory particulars are not affected.

(4) Where the manufacturing control phase did not operate the notified body which made the EU conformity assessment in accordance with § 12f SprG, the identification number of the further notified body must be placed behind the CE marking. "

4. The previous text of § 4 will become the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 1 (1) (1) (1) and (1a) and (2a) in the version of the BGBl Regulation. II No. 431/2015 will enter into force with 1 April 2016. "

Mikl-Leitner