Amendment Of The Federal Act On Radio Equipment And Telecommunications Terminal Equipment

Original Language Title: Änderung des Bundesgesetzes über Funkanlagen und Telekommunikationsendeinrichtungen

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123. Federal law, which amends federal law on radio equipment and telecommunications terminal equipment

The National Council has decided:

The federal law on radio equipment and telecommunications terminal equipment-FTEG, BGBl. I n ° 134/2001, as last amended by the Federal Law BGBl. I n ° 133/2005, shall be amended as follows:

1. In Section 1 (1) (1) (1), the turn shall be "placing on the market" through the turn "Providing on the market" replaced.

2. § 1 (2) Z 1 and 2 reads:

" 1.

a device within the meaning of Article 2 (1) (1), which, as a component or as an accessory, is a medical device within the meaning of Article 1 of Directive 93 /42/EEC on medical devices (OJ L 206, 22.7.1993, p No. 1), as last amended by Directive 2007 /47/EC (OJ L 136, 30.4.2007, p. No. 21), or an active implantable medical device within the meaning of Article 1 of Directive 90 /385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices (OJ No L 247, 21.9.2007, p. No. 17), as last amended by Directive 2007 /47/EC (OJ L 189, 20.7.2007, p. No. OJ L 247 of 21 September 2007, p. 21), without prejudice to the application of the relevant legal provisions,

2.

a device within the meaning of Article 2 (1) (1), which is a component or separate technical unit of a vehicle within the meaning of Directive 72/245/EEC relating to the suppression of radio interference of motor vehicle engines with spark-ignition (OJ L 196, 27.7.1975, p. No. 15), as last amended by Directive 2009 /19/EC (OJ L 136, 30.4.2009, p. No. 17), or a component or separate technical unit of a vehicle within the meaning of Article 2 of Directive 2002/24/EC on the type-approval of two-or three-wheel motor vehicles and repealing the Council Directive 92/61/EEC, OJ L 206, 22.7.1992. No. 1), as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21.11.2008, p. 1, without prejudice to the relevant legal provisions. "

3. In § 1 (3), the Z 6 is deleted.

4. § 2 Z 8 and 11 to 20 reads:

" 8.

"harmonised standard" means a standard which is one of the standards laid down in Annex I to Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (OJ L 206, 22.7.1998, p. No. OJ L 204 of 21 July 1998 p. 37), as last amended by Regulation (EU) No 1025/2012 (OJ L 204, 21.7.2012, p. No. 12), recognised European standardisation bodies, has been drawn up on the basis of a request from the Commission pursuant to Article 6 of that Directive;

11.

"manufacturer" means a natural or legal person who produces a product or develop or manufacture and market this product under their own name or brand;

12.

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

13.

"importer" means a natural or legal person established within the Community who places a product on the Community market from a third country;

14.

"trader" means a natural or legal person in the supply chain who provides a product on the market, with the exception of the manufacturer or the importer;

15.

"economic operator" means the manufacturer, the authorised representative, the importer and the distributor;

16.

"placing on the market" means the first-time provision of a product on the Community market;

17.

"making available on the market" means the supply of a product for distribution, consumption or use on the Community market in the course of a business activity, whether in return for payment or free of charge;

18.

"recall" means any measure aimed at the return of a product already made available to the final consumer;

19.

"withdrawal" means any measure intended to prevent a product in the supply chain from being made available on the market;

20.

"serious danger" means a serious risk, which requires rapid intervention by the authorities, even if it does not have a direct effect. "

5. § 3 (1) (1) and (2) reads:

" 1.

Protection of the health and safety of the user and other persons, including those laid down in Directive 2006 /95/EC on the approximation of the laws of the Member States relating to electrical equipment for use within certain Member States Voltage limits (OJ L 327, No. 10) in relation to safety requirements, but without application of the voltage limits;

2.

Protection requirements with regard to electromagnetic compatibility, as set out in Directive 2004 /108/EC on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing the Directive 89 /336/EEC No. OJ L 390 of 31 December 2004 p. 24).

6. § 5 (2) reads:

" (2) The Federal Minister for Transport, Innovation and Technology has adopted Directive 99 /5/EC and Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (Framework Directive), OJ L 327, 22.12.2002, p. No. OJ L 108 of 24 April 2002, S 33, as last amended by Regulation (EC) No 544/2009, OJ L 108, 24.4.2009, p. No. 12., to lay down more detailed provisions on the form, scope, content and time frame of this publication. '

7. In § 7 (1) and (2), the turn shall be "the person who places the product on the market in the European Community," through the turn "the importer" replaced.

8. In § 8 (1) the quote shall be " the Accreditation Act, BGBl. No. 468/1992 " by quoting " of the 2012 Accreditation Act, BGBl. I No 28/2012 " replaced.

9. In § 9 (1), the turn-of-the- "Manufacturer, his authorised representative established within the Community or the person responsible for placing the equipment on the market" through the turn "Manufacturer or his authorised representative established within the Community" replaced.

10. In § 9 (2), the word "specify" by the word "to be affixed" replaced.

11. In § 9 para. 4, the turn "Manufacturer or the person responsible for placing the device on the market" through the turn "manufacturer, the authorised representative or the importer" replaced.

12. § 10 (1) first sentence reads:

" (1) Devices may only be made available on the market if they meet the essential requirements, are provided with the CE marking and the marks required in accordance with Article 9 (2) and settled the documents referred to in paragraph 3 above. "

13. In Section 10 (2), the turn shall be "have been placed on the market, continue to be placed on the market" through the turn "have been made available on the market, continue to be provided" replaced.

14. § 10 para. 3, first sentence reads:

"The manufacturer, his authorized representative or the importer shall provide the user with information in the German language about the intended use, together with the declaration of conformity with the essential requirements."

15. § 10 (4), first sentence reads:

" (4) Radio equipment which works in frequency bands whose use is not harmonized throughout the Community may only be provided in the Federal territory if the manufacturer, his authorized representative established within the Community or the importer has notified the Authority at least four weeks prior to the planned deployment. "

16. In § 12 the Wendung "placed on the market" through the turn "provided on the market" replaced.

17. In § 13 (1), the turn "local telecommunications debo" through the turn "Office for radio equipment and telecommunications terminal equipment" replaced.

18. In Section 13 (2), the words "and the telecommunications office" .

19. In § 13, the following paragraphs 3 and 4 are added:

" (3) The Federal Administrative Court may lodge a complaint against the office of radio equipment and telecommunications terminal equipment and on the grounds of infringement of its decision-making obligation in administrative matters.

(4) The institutions of the telecommunications authorities shall: Office for radio equipment and telecommunications terminal equipment, via the latter's request, to ensure the exercise of supervisory powers in the context of its legal sphere of action. "

20. The title of § 14 reads:

"Supervision"

21. § 14 (1) and (2) reads:

" (1) The provision of equipment on the market shall be subject to compliance with the provisions of this Federal Act and the regulations issued on its basis in accordance with the following paragraphs as well as § § 14a to 14f of the supervision by the authority referred to in Article 13. Provisions relating to supervision contained in other legislation shall not be affected by this.

(2) The institutions of the telecommunications authorities which have their own views shall be allowed to enter the land or spaces in which such facilities are located or to be presumed to be subject to supervision by economic operators for the purpose of supervision. Economic operators shall be required to provide all necessary assistance and to provide all necessary information, including information on the origin of equipment, as well as to provide documents and user information at the request, and to: To tolerate rehearsals. To the extent that it is necessary for the performance of its legal tasks, the Authority may, in the individual case of economic operators, require the submission of records of conformity assessment procedures in a German translation. "

22. In § 14 (3), the turn-of-the- "placing equipment on the market" through the turn "Provision of equipment on the market" replaced.

23. § 14 (4) to (10).

§ § 14a to 14f, together with the headings:

" Supervisory measures

§ 14a. (1) Where it is established that a device has not been made available on the market in accordance with the provisions of this Federal Law or the regulations adopted on its basis, the authorities may order all supervisory measures which shall: are necessary to establish the legal status. These include in particular:

a)

Improvement Order

b)

Withdrawal

c)

Recall

(2) An improvement order shall be applied to economic operators if the elimination of the identified deficiencies can be made by any economic operator in the supply chain and this can be attributed to it. The Authority shall determine a reasonable period of time within which the statutory state shall be established. In the event that the time limit laid down has elapsed without proof of the Authority's shortcomings identified, the withdrawal shall be applied.

(3) Revocation and recall shall be carried out by economic operators. If the withdrawal or recall is addressed to persons who cannot be individually determined, the Federal Minister of Transport, Innovation and Technology may order the withdrawal or recall of this product by means of a regulation. The type and type to which the withdrawal refers shall be indicated.

(4) In applying the supervisory measures within the meaning of paragraph 1, the most appropriate means still to be used is to be used.

(5) Supervisory measures arranged with a communication shall be lifted at the request of the person responsible for the decision, if the authority is shown to have been established that the statutory condition has been established.

Interim security measures

§ 14b. (1) If it is necessary to avoid an imminent imminent danger to the life or health of persons, the Authority or its institutions may take measures in accordance with Section 14a (1) even without prior procedures in place. A written communication shall be issued without delay. If this decision is not issued within one month, the administrative measures shall be deemed to be repealed. However, the measures shall not be deemed to be repealed if the decision is made in accordance with § 19 of the Delivery Act, BGBl. No 200/1982, due to inadequacy with the Authority.

(2) The file referred to in paragraph 1 shall be lifted immediately upon request if it is ensured that the product is no longer provided or improved in such a way that it complies with the requirements of section 10 (1).

(3) The file referred to in paragraph 1 shall be enforceable immediately.

Cooperation with foreign administrations

§ 14c. Measures in accordance with Section 14a may also be taken on the basis of reasoned communications by means of international agreements of foreign authorized bodies which have found that the irregular nature of the goods has been unduly justified.

Technical tests

§ 14d. (1) If it is not readily possible to determine whether a device complies with this Federal Act or the regulations adopted on its basis, it shall be at its expense, at the request of the Authority, by the economic operator. in the place designated for that purpose and at the time specified for that purpose for consideration. The authority may have the equipment tested by a testing body authorised to do so.

(2) On the basis of the examination referred to in paragraph 1, a communication pursuant to Section 14a shall be made, so that the person responsible for the decision shall be required at the same time to prescribe the costs of the examination. If no such communication is received, the tested device shall be returned in perfect condition. If this is not possible, compensation must be paid in the amount of the proven self-cost of the device.

Security requirements and danger

§ 14e. (1) The decision as to whether a device poses a serious risk shall be determined on the basis of an appropriate risk assessment by the Authority, taking into account the nature of the hazard and the likelihood of its entry. In this context, attention must be given to international experience and to the state of the art.

(2) Where it is established, on the basis of paragraph 1, that there is a serious risk from a device, the Authority may take a measure pursuant to Article 14a (1) (1) (a). b or c.

Authorisation for international data exchange

§ 14f. (1) In so far as it is necessary to carry out the market surveillance tasks conferred on it by this Federal Act, the Authority shall be entitled to entrust the European Commission and the competent authorities with the enforcement of the subject-specific legal area. Authorities in Member States of the European Union, the European Economic Area and the European Free Trade Association (FTA) to inform the data of economic operators and the information concerning device-specific data and documents to be submitted to them in order to carry out their tasks in issues of common interest. This shall also include the transmission of data for use in foreign or international databases, provided that they are maintained by one of those authorities or are under the supervision of one of those authorities.

(2) The Federal Minister for Transport, Innovation and Technology shall immediately notify the European Commission of measures taken pursuant to Section 14a, provided that the reasons for the arrangement of this measure extend beyond the territory of the State. The Federal Minister for Transport, Innovation and Technology reports to the European Commission amendments and repeal of these measures. This applies in particular to the product safety emergency procedure (RAPEX) in accordance with Article 12 of Directive 2001 /95/EC on general product safety, OJ L 327, 31.12.2001, p. No. OJ L 11 of 15.01.2002 p.11, as last amended by Regulation (EC) No 596/2009, OJ L 145, 31.5.2009, p. No. 14. and the safeguard clause procedure under Article 9 of Directive 99 /5/EC.

(3) Data relating to economic operators which are transmitted in accordance with paragraphs 1 and 2 may also be personal, provided that this is necessary for the identification of a product, its traceability in the distribution chain and the risk assessment. "

25. § 16 (1) reads:

" § 16. (1) An administrative surrender shall be punishable by a fine of up to EUR 58 000, who shall:

1.

contrary to § 14a (1) lit. a does not comply with an improvement order;

2.

contrary to § 14a (1) lit. b does not take a device from the market;

3.

contrary to § 14a (1) lit. c does not recall a device;

4.

Contrary to Article 14b (1) of a provisional supervisory measure. "

26. The previous text of Section 16 (1) receives the sales designation "(1a)" ; the entry rate shall be:

"(1a) An administrative surrender is committed and is punishable by a fine of up to 36 000 euros, who"

Section 16 (1a) Z 6 to 9 reads as follows:

" 6.

, contrary to Article 10 (1), provides a device on the market;

7.

, contrary to § 10 para. 3, a device is provided;

8.

, contrary to § 10 para. 4, a device is provided;

9.

Contrary to § 11 para. 3, the connection of telecommunication terminal equipment is refused. "

28. § 16 (2) (1) and (2) reads:

" (2) An administrative surrender is committed and is punishable by a fine of up to EUR 8 000, who

1.

does not provide the necessary assistance, provides the necessary information, presents the required documents and user information, or does not tolerate the drawing of samples;

2.

Contrary to § 14d, equipment is not available for inspection at the place designated for this purpose or at the specified date; "

29. In § 16 (3), the introduction rate is:

"(3) An administrative surrender shall be carried out and shall be punishable by a fine of up to EUR 4 000, who"

30. § 17 (2) to (5) reads:

" (2) equipment which

1.

comply with the Telecommunications Act; and

2.

have been approved before the entry into force of this federal law or have been deemed to have been approved before the entry into force of this federal law and

3.

have been made available for the first time before 8 April 2001,

may continue to be provided and continue to operate within the framework of an authorisation.

(3) On the date of the entry into force of this Federal Act, existing authorisations shall be extinguisher on 7 April 2001 with regard to devices which have not been made available for the first time before that date.

(4) At the time of the entry into force of the Federal Law BGBl. I n ° 123/2013 are the administrative procedures pending before the entry into force of the Federal Law Gazette (BGBl). I n ° 123/2013, the substantive legal situation in force.

(5) Procedure, the final decision of which is based on the before entry into force of the Federal Law BGBl. I. 123/2013, and resolved by the recognition of the Constitutional Court or the Administrative Court, shall be brought to an end in accordance with the substantive legal situation which has been passed at the time of the final date of the final decision. "

31. The previous § 21 receives the sales designation "(1)", the following paragraphs 2 and 3 are added:

" (2) § 13 para. 3 occurs with 1. Jänner 2014 in force. At the same time, Section 13 (2) repeals.

(3) Article 18 of the Federal Law, with which the Federal Road Act 1971, the Container Security Act, the Driving Licence Act, the Occasional Traffic Law 1996, the Act on the Promotion of Goods in 1995, the Kraftfahrlingesetz, the Act of Power, the Road tunnel safety law, the Aviation Act, the Federal Act on security measures for foreign aircraft and air carriers, the Federal Act on the Interstate Air Transport 2008, the Maritime Law, the Seeschifffahrtsgesetz, the Railway Act 1957, the Postal Market Act, which Telecommunications Act 2003, the Amateur Radio Act 1998, the Funker-Zeugnisgesetz 1998, the federal law on radio equipment and telecommunications terminal equipment as well as the telephone grant law 2000 (Administrative Jurisdictions-Adaptation Act-Federal Ministry of Transport, Innovation and Technology), BGBl. I No 96/2013. '

33. In Annex II, Z 3, the turn shall be "the person who places the product on the Community market" through the turn "the importer to" replaced.

34. In Annex II, Z 5, the turn shall be "his authorised representative" through the turn "the Plenipotentiary" replaced.

35. Annex III, last paragraph shall read:

"The manufacturer, the authorized representative or the importer shall declare that the tests have been carried out and that the device meets the essential requirements and shall bring the identification number of the notified body during the manufacturing process."

36. Annex IV, second paragraph reads:

'The manufacturer, the authorised representative or the importer shall submit the documents to one or more notified bodies, each of these notified bodies shall be informed of the other notified bodies which have received the documents.'

37. In Annex IV, third paragraph, the turn shall be: "the person responsible for placing on the market" through the turn "the importer" replaced.

38. Annex IV, fourth paragraph, reads:

"The manufacturer, the authorised representative or the importer shall keep the documents for inspection by the competent national authorities of all the Member States for a period ending at the earliest 10 years after the last equipment has been manufactured."

39. In Annex VI, Z 1, the turn shall be "placed on the market" by the word "provided" replaced.

40. In Annex VI, Z 2, the turn shall be "In-Traffic" by the word "Deploy" replaced.

41. The table of contents before § 1 is changed in such a way that § 14 reads:

"§ 14 Supervision"

42. The table of contents before § 1 shall be amended in such a way that the following § § 14a, 14b, 14c, 14d, 14e and 14f are added:

" § 14a Supervisory Measures

Section 14b Preliminary oversight measures for security

Section 14c Cooperation with foreign administrations

§ 14d Technical tests

§ 14e Safety requirements and danger

§ 14f authorizing the international exchange of data "

Fischer

Faymann