123. Federal law that modifies the 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, Federal Law Gazette I no. 134/2001, as last amended by Federal Law Gazette I no. 133/2005, is amended as follows:
1. in article 1, paragraph 1 Z 1 the phrase "in traffic going to" replaced by the phrase "To provide to the market".
2. § 1 para 2 Nos. 1 and 2 is: "1 a device within the meaning of section 2 No. 1, as a part or as an accessory a medical device within the meaning of article 1 of Directive 93/42/EEC concerning medical devices (OJ" No L 169 of July 12, 1993, p. 1), as last amended by Directive 2007/47/EC (OJ No. L 247 of September 21, 2007, p. 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 189 of July 20, 1990, p. 17), as last amended by Directive 2007/47/EC (OJ No. L 247 of September 21, 2007, p. 21), includes, without prejudice to the application of the relevant legal framework, 2. a device within the meaning of section 2 No. 1, a component or a separate technical unit of a vehicle within the meaning of Directive 72/245/EEC on the radio interference from motor vehicles with spark-ignition (OJ No L 152 of July 6, 1972, p. 15), as last amended by Directive 2009/19/EC (OJ No. L 70 of 14 March 2009 page 17), or a component or a separate technical unit of a vehicle in the meaning of article 2 of Directive 2002/24/EC on type-approval of two or three-wheel motor vehicles and repealing of Directive 92/61/EEC of the Council, OJ No L 124 of the 09.05.2002 p. 1, as last amended by Regulation (EC) No 1137/2008, OJ No. L 311 of November 21, 2008 forms p. 1, without prejudice to the relevant legal framework."
3. in article 1, paragraph 3, the No. 6 is eliminated.
4. paragraph 2 Z 8 and 11 to 20: "8 'harmonised standard' means a standard, by a in annex I of to Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society (OJ" No. L 204 of 21 July 1998, p. 37), as last amended by Regulation (EC) No. 1025/2012 (OJ No. L 316 of the 14.11.2012 S. 12), recognised European standardisation bodies on the basis of a request from the Commission pursuant to article 6 of that directive created;
11 "Manufacturer" a natural or legal person who manufactures a product or develop or manufactured and this product under their own name or their own brand marketed;
12 'Authorised representative' a community-based, natural or legal person, appointed in writing by a manufacturer, on his behalf certain tasks to perform;
13 "importers" one in the community based natural or legal person who makes a product from a third country on the Community market;
14. "Traders" means a natural or legal person in the supply chain that provides a product on the market, with the exception of the manufacturer or the importer;
15 "Economic operator" manufacturer, agent, importer and Distributor;
16. 'placing' the first making available of a product on the Community market;
17 "Making available on the market" the payment or free of charge of a product for distribution, consumption or use on the Community market in the course of a business;
18 "Callback": any measure which one targets the end user of already deployed product on achieving the return;
19 'Withdrawal': any measure, that is, to prevent that a progress in the supply chain product on the market, provided
"20 'serious risk' is a serious risk requiring rapid intervention by the authorities, even though it has no immediate effect."
5. § 3 para 1 Nos. 1 and 2 is: "1. protection of the health and safety of the user and other persons including the directive 2006/95/EC on the approximation of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (OJ No. L 374, December 27, 2006, p. 10) included targets in relation to the safety requirements, but without application of voltage limits;
2. protection requirements in relation to electromagnetic compatibility, as set out in the Directive 2004/108/EC on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC (OJ No. L 390 of December 31, 2004, p. 24) are included."
6 paragraph 5 paragraph 2:
"(2) the Federal Minister for transport, innovation and technology has 2002/21/EC, taking into consideration the Directive 99/5/EC and the directive on a common regulatory framework for electronic communications networks and services (framework directive), OJ No L 108 of 24 April 2002, S 33, as last amended by Regulation (EC) No. 544/2009, OJ "No. L 167 of June 29, 2009 page 12, to set the detailed provisions about form, scope, contents and time frame of this publication by regulation."
7. in article 7, paragraph 1 and 2, the twist is replaced "the one who brings the product in the European Community in the traffic," by the phrase "importer".
8. in article 8, paragraph 1, the quote is "the accreditation Act, Federal Law Gazette No. 468/1992" by the quote "the accreditation Act 2012, Federal Law Gazette I no. 28/2012" replaced.
9. in article 9, paragraph 1, the phrase is replaced "Manufacturer, community of authorised or which be the unit responsible person for the marketing" by the phrase "Manufacturer or his authorised representative established in the community".
10. in section 9, paragraph 2 is replaced by the word "attaching"to indicate"".
11 in section 9, subsection 4, the expression is replaced "Manufacturer or the person responsible for the placing in circulation of the unit" by the phrase "Manufacturer, of the agent or the importer".
12 § 10 para 1 first sentence reads:
"May be made available only on the market (1), if they meet the basic requirements, with the CE mark and pursuant to section 9 para 2 are the required characteristics and the documents referred to in paragraph 3 have been enclosed."
13. in section 10, paragraph 2, the phrase is "were placed on the market, continue to be placed on the market" by the phrase "were 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 have information in German about the intended use together with the Declaration of conformity with the essential requirements to provide for the user."
15 § 10 paragraph 4 first sentence reads:
"(4) radio equipment operating in frequency bands, is not Community-wide harmonised, utilizing ready are allowed only in the Federal territory, if the manufacturer, his authorised representative established in the community or the importer at least four weeks prior to planned deployment has advised the authority."
16. in article 12, the phrase "marketed" by the phrase "provided on the market" will be replaced.
17. in article 13, paragraph 1, the phrase is "Telecommunications Office coming locally into consideration" is replaced by the phrase 'Office of radio equipment and telecommunications terminal equipment'.
18. in article 13, paragraph 2, the words 'and of the telecommunications offices"are eliminated.
19. in section 13 be added pursuant to par. 2 following paragraph 3 and 4:
"Appeal to the Federal Administrative Court may be brought (3) against decisions of the offices of radio equipment and telecommunications terminal equipment and due to breach his decision in administrative matters.
(4) the organs of the telecommunications authorities have to provide the Office of radio equipment and telecommunications terminal equipment shall, upon whose request to secure the exercise of supervisory powers under their sphere of competence help legitimate."
20. the heading of § 14 is as follows:
21 paragraph 14 para 1 and 2:
"(1) deploying devices on the market is 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 the sections 14a to 14f of supervision by the authority referred to in article 13. The supervisory provisions contained in other legislation are not affected thereby.
(2) enter the land or premises where such facilities are or this is suspect, is the organs of the telecommunications authorities who properly identify themselves, by economic operators for the purpose of supervision to allow. Economic operators are obliged to provide any necessary assistance to furnish all necessary information, in particular about the origin of the equipment, and to produce documents and user information upon request and to allow the drawing of samples. Insofar as it is necessary to carry out their statutory duties, the authority in the case of economic operators may require the submission of records of the conformity assessment procedures in a German translation."
22. in article 14, paragraph 3, the phrase is "in traffic on the market of devices" is replaced by the phrase "Provision of devices on the market".
23 section 4-10 accounts for § 14.
24 § § 14a to 14f and headings are:
§ 14a. (1) determines that a device not according to the provisions of this Federal Act, or the regulations issued on its basis on the market has been deployed, the authorities can arrange all supervisory measures, that are necessary to establish the legitimate State. These include, in particular: a) improvement contract b) return c) callback (2) is an improvement order to apply operators with decision, if made the Elimination of the detected defects by each economic operator in the supply chain, and this expected of him. This one is by the authority to determine the reasonable period of time within which the legitimate State is. If the deadline has passed without the Elimination of the detected defects has been demonstrated to the authority, the withdrawal is to apply.
(3) withdrawal and callback are to apply economic actors with notice. If the withdrawal or the recall to not individually identifiable individuals is aimed, the Federal Minister for transport, innovation and technology may order the withdrawal or the recall of this product with regulation. It is the kind and the type that the redemption refers to specify.
(4) in the application of supervisory measures within the meaning of paragraph 1 is each accounting still aimed to use leading agents.
(5) supervisory measures ordered by decision are to cancel at the request of the addressee of the decision, if the authority is proved, that the legitimate State is produced.
Provisional supervision security
§ 14 b. (1) if there are available to avert an immediate threat to the life or health of persons is, can in accordance with § 14a para 1 even without previous procedures in place measures the authority or their organs. A written opinion to adopt is informed immediately. If this decision not within one month is enacted, the regulatory measures is considered to be lifted. The measures are deemed but not lifted, if the notice pursuant to § 19 of the extra Act, Federal Law Gazette No. 200/1982, due to failure of the authority is sent back.
(2) notices referred to in paragraph 1 are on request without delay to repeal, if it is ensured that the product is no longer provided or has been improved so that it meets the requirements referred to in article 10, paragraph 1.
(3) rulings referred to in paragraph 1 are immediately enforceable.
Cooperation with foreign administrations
§ 14c. Measures in accordance with § 14a can also on the basis of reasonable messages through deposited in accordance with international agreements legitimate foreign agencies, of which the Vorschriftswidrigkeit was established, to be taken.
section 14 d. (1) can the determination, whether an appliance complies with this Act or the regulations issued on its basis, not readily in place be taken, it is at the request of the authority of the economic operator's expense at the designated place and at the time designated for the examination to provide. The authority can check the device from a previous authorized testing laboratory.
(2) a notice in accordance with § 14a, was made on the basis of the examination referred to in paragraph 1 the inspection costs are the addressees of the decision at the same time to impose. No such decision has been made is the tested unit in good condition to be returned. This is not possible, compensation in the amount of the proven costs of the unit so on request to make.
Security requirements and risk
section 14e. (1) the decision whether a serious danger posed by a device, will be determined on the basis of an adequate risk assessment of the authority, taking into account the nature of the risk and the likelihood of their entry. This caution is to take on international experience and the State of the art.
(2) based on paragraph 1 determines that a serious danger posed by a device, the authority can a measure pursuant to § 14a para 1 lit. b or c order.
Authorization for the international exchange of data
§ 14f. (1) as far as it to the tasks conferred upon it by this federal law of market surveillance is required, the authority shall be entitled to bring the data from economic operators, as well as device-specific data the information note of the European Commission and the authorities responsible for the enforcement of the present law range in Member States of the European Union, of the European economic area, as well as the European Free Trade Association and to submit documents , which they need to carry out their tasks in matters of common interest. This includes the transmission of data for use in foreign or international databases will be entertained by one of these authorities or are supervised by one of these authorities.
(2) the Federal Minister for transport, innovation and technology reports measures the European Commission immediately on the basis of § 14a, unless the reasons for the arrangement of this measure on the national territory extend beyond. The Federal Minister for transport, innovation and technology the European Commission reports changes and repeal these measures. This applies in particular to the product safety emergency procedures (RAPEX) in accordance with article 12 of Directive 2001/95/EC on general product safety, OJ No. L 11 of the 15.01.2002 S. 11, as last amended by Regulation (EC) No. 596/2009, OJ No. L 188 of July 18, 2009, p. 14, and the safeguard clause procedure in accordance with article 9 of Directive 99/5/EC.
(3) data on economic operators, submitted in accordance with paragraphs 1 and 2, can be also personally identifiable, unless this is necessary for the identification of a product, its backtracking in the distribution chain and risk assessment."
25 paragraph 16 paragraph 1:
"Section 16 (1) commits an administrative offence and is fined to punish up to EUR 58 000, who 1 contrary to § 14a para 1 lit. a does not fulfil an improvement order;
2. contrary to § 14a para 1 lit. b takes a device not from the market;
3. contrary to § 14a para 1 lit. c a device won't return my calls.
4. contrary to § 14 b paragraph 1 of an interim regulatory measure is contrary to."
26. the existing text of § 16 para 1 receives the sales designation (1a); the sentence is as follows:
"(1a) commits an administrative offence and is fined to punish with up to 36 000 euro, who"
27 § 16 ABS. 1a Z 6 to 9 is: "6 contrary to § 10 para 1 a device on the market provides;
7. contrary to § 10 para 3 a device provides;
8. contrary to section 10 (4) a device provides;
9. violates article 11 par. 3 connection of telecommunications terminal equipment is denied."
28 § 16 par. 2 Nos. 1 and 2 is:
"(2) an administrative offence commits and is fined to punish with up to 8 000 euro, who does not have the required support grants 1 violates article 14, par. 2, supplies the required information, presents the required documentation and user information or condones not the drawing of samples;
2. contrary to section 14 d devices not in the place designated or at the particular time to the examination provides;"
29. in article 16, paragraph 3, the introductory phrase is:
"(3) a committing administrative offence and is fined to punish with up to 4 000 euro, who"
30 paragraph 17 para 2 to 5:
"(2) devices that 1 comply with the Telecommunications Act and 2. prior to the entry into force of this Federal Act were approved or were approved prior to the entry into force of this Federal Act and provided 3 prior to April 8, 2001, may be still deployed and continue to operate in the context of a permit.
(3) at the time of entry into force of this federal law, existing authorisations expire on April 7, 2001, with respect to equipment, yet not for the first time provided before that date.
(4) at the time of entry of into force of the Federal Act Federal Law Gazette I no. pending administrative procedures are 123/2013 according to which up to the in force of the Federal Act Federal Law Gazette I to finish no. 123 / 2013 applicable material situation.
(5) procedures, the final ruling on the basis of the in force of the Federal Act Federal Law Gazette was I adopted no. 123 / 2013 legal situation and resolved through knowledge of the constitutional or administrative court, are to lead the substantive legislation passed at the time of the final decision to end."
31. the previous section 21 receives the description of paragraph (1), following para. 2 and 3 are added:
"(2) § 13 para 3 effective with January 1, 2014. At the same time § 13 para 2 override.
(3) article 18 of the Federal Act, with which the Federal Highway Act of 1971, the container security law, the driver's license law, the occasional Service Act 1996, the goods transport law 1995, the motor vehicles line Act, the road tunnel safety law, aviation law, the Federal law on foreign aircraft and air carrier security measures, the Federal Act on 2008 intergovernmental air traffic, maritime law, maritime law, the Railway Act 1957, the postal market Act, the Telecommunications Act 2003, the amateur radio law 1998, the radio operator certificate Act 1998, the Federal Act on radio equipment and telecommunications terminal equipment and the telephone fee grant Act 2000 (Verwaltungsgerichtsbarkeits - adjustment Act - Federal Ministry of transport Modified (, innovation und Technologie), Federal Law Gazette I no. 96/2013, is eliminated. "
33. in annex II, Z 3 is the phrase "The person, that the product on the Community market brings" by the phrase "the importers to" replaced.
34. in Appendix II, Z 5 the phrase "his representative" is replaced by the phrase "the agents".
35. Annex III, last paragraph reads:
"The manufacturer, the authorised representative or the importer explains that the tests have been carried out and that the unit complies with the essential requirements, and affix the identification number of the notified body during the manufacturing process."
36. Annex IV (second paragraph) is as follows:
"The manufacturer, the authorised representative or the importer presents the documents to one or more notified bodies, each of these notified bodies is to inform, which have received the documents of the other notified bodies."
37. in annex IV the third paragraph is replaced by the phrase "introducer" the phrase "the person responsible for the marketing".
38. Annex IV is the fourth paragraph:
"The manufacturer, the authorised representative or the importer maintains documentation for a period at the earliest ending ten years after the manufacture of the last appliance, for the competent national authorities of all Member States for inspection."
39. in annex VI, no. 1 is the phrase "placed" replaced by the word "provided".
40. in annex VI No. 2 is the phrase "In marketing" by the word "provide" replaced.
41. the index is modified before section 1 that section 14 is:
"§ 14 supervision"
42. the index is modified before section 1 be added following sections 14a, 14, 14c, 14 d, 14e and 14f:
"§ 14a supervisory measures
§ 14 b provisional of supervision security
§ 14c cooperation with foreign administrations
§ 14 d technical exams
section 14e security requirements and risk
"section 14f authorization for international data exchange"