Accreditation Act 2012 As Well As Change Of The Measurement And Calibration Act And The Boiler Law

Original Language Title: Akkreditierungsgesetz 2012 sowie Änderung des Maß- und Eichgesetzes und des Kesselgesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997561/akkreditierungsgesetz-2012-sowie-nderung-des-ma--und-eichgesetzes-und-des-kesselgesetzes.html

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28 federal law, an accreditation law is adopted in 2012 with the measurement and calibration and the boilers Act be changed

The National Council has decided

Article 1

Federal law on the accreditation of conformity assessment bodies (accreditation Act 2012 - AkkG 2012)

1 section

General terms and conditions

§ 1.(Verfassungsbestimmung) the enactment, amendment, suspension and enforcement provisions contained in this Act, are also in the concerns of Federal thing, for which the B-VG determines otherwise. The matters regulated in those rules can be obtained directly by federal authorities.

§ 2. This federal law regulates in addition to Regulation (EC) No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 of the Council, OJ No. L 218 of the 13.8.2008, p. 30, the accreditation of conformity assessment bodies (in particular test, inspection, calibration and certification authorities) and sets the necessary procedural provisions.

§ 3 (1) is the accreditation body the Federal Minister of economy, family and youth. He has to entrust an organizational unit to the operational implementation of the accreditation within its sphere of competence and to equip them with the necessary resources. The responsible organizational unit bears the name "Accreditation Austria".

(2) accredited conformity assessment bodies which carry out assessments of conformity in the mandatory and the voluntary sector are.

4. (1) accredited conformity assessment bodies are entitled to use the accreditation mark and the coat of arms in the scope of the competence that is recognized by the accreditation body.

(2) accredited conformity assessment bodies have to bear the associated accreditation symbol on reports (in particular test and inspection reports and calibration certificates), as well as on certificates that are issued to the extent of the granted accreditation.

(3) the Federal Minister for economy, family and youth has to set the appearance of the accreditation symbol and detailed rules concerning their use by means of regulation.

§ 5. The activities of the operation of accredited conformity assessment bodies and made under which subject not the GewO 1994. If conformity assessment bodies operating systems in their activities, so the provisions of the GewO apply to this 1994 in the currently valid version.

2. section

Accreditation procedure

Section 6 (1) of the Federal Ministry of economy, family and youth has set up an accreditation Advisory Board.

(2) following tasks incumbent on the accreditation Advisory Board:



1. consultation with respect to procedural and/or technical requirements in accreditation in compulsory areas of conformity assessment, as well as the recommendation of for this to apply normative documents, 2. process monitoring accreditation procedure, regardless of whether they are performed in terms of compulsory or voluntary, 3. counseling with regard to increase the acceptance and the general orientation of the accreditation.

(3) requirements for the accreditation process is the existence of corresponding standards or specific requirements and rules. Those local authorities which set the accreditation mandatory, have to take care, that they submit the specific requirements for the accreditation of the accreditation body or make proposals for specific application documents of the relevant accreditation submitted the accreditation Advisory Board to provide advice if necessary, after a consultation with a technical Committee.

(4) in respect of paragraph 2, the accreditation Advisory Board has no. 2 anyway, in the following matters to decide:



1. selection of experts for the first and repeat assessment, 2. granting or refusal of accreditation in order of first and repeat assessments, 3. establishment of technical committees, 4. treatment of all other accreditation-related issues that are taken by the accreditation body to him.

5. obtaining a supplementary expert opinion in the case of submission of a reasoned objection to the granting or refusal of accreditation by a member of the Accreditation Committee in accordance with paragraph 5.

(5) the following voting members include the accreditation Advisory Board, which operates pursuant to par. 2 Z 1 and 2 and paragraph 4:



1. a representative of the Federal Ministry of economy, family and youth, 2. a representative of the Federal Ministry of labour, Social Affairs and consumer protection, 3. a representative of the Federal Ministry of health, 4. a representative of the Federal Ministry of the Interior, 5. a representative of the Federal Ministry of agriculture and forestry, environment and water management, 6 a representative of the Federal Ministry for education, art and culture, 7 a representative of the Federal Ministry of transport , Innovation and technology, and 8 a representative of the Liaison Office of the Federal States.

(6) if the accreditation Advisory Board in matters of para 2 No. 3, its membership is extended in addition to the following representatives:



1. one representative of the Federal States, 2. a representative of the Austrian Chamber of Commerce, 3. a representative of the industrial association, 4. a representative of the Chamber of Agriculture of Austria, 5. a representative of the Federal Chamber of architects and engineering consultants, 6 a representative of the Austrian Medical Association, 7 a representative of the Austrian Chamber of dentists, 8 a representative of the Austrian Chamber of pharmacists, 9 a a representative of the Austrian Veterinary Association, 10 representatives of the Professional Association for technical offices , 11. a representative of the German Association for workers and employees, 12 a a representative of the Austrian Trade Union Federation, 13 representatives of the Association for consumer information, 14 a representative of Austrolab (Association of accredited bodies), 15 a representative of the Austrian Standards Institute (Austrian Standards Institute) and 16 a representative of the Austrian Association for electrical engineering.

(7) an of the Federal Ministry of economy, family and youth of certain representatives of the "accreditation of Austria" will chair the accreditation Advisory Board.

(8) the accreditation Advisory Board has to give its rules of procedure, which require the consent of the representatives referred to in paragraph 5. The rules of procedure has detailed provisions, in particular sequence, representation and decision-making - including right of appeal - to contain.

7. (1) conformity assessment bodies have



1. the requirements of the applicable for respective accreditation standards, which were announced by the European Commission in the official journal of the European Union, 2nd if applicable to the relevant accreditation, technical specifications, which were provided in accordance with article 13 paragraph 3 of Regulation (EC) No. 765/2008 and 3. the requirements of the applicable for respective accreditation guidance documents issued by the recognized authority in accordance with article 14 of Regulation (EC) No. 765/2008 , to meet.

(2) the Federal Minister for economy, family and youth can be published the sites of the guidelines of accreditation of Austria taking on similar provisions of Union law and policies of international organisations by means of regulation and explain these guides for binding, unless this is necessary to secure the recognition of conformity assessment bodies compared to the international level or this will facilitate a time - and cost-saving assessment of applications.

§ 8. Grant, the refusal, withdrawal, suspension, restriction and the extension of accreditation means of notification.

9. (1) the accreditation body is authorized to hire experts as far as this is necessary for the examination of compliance with accreditation requirements in the context of the accreditation process with the implementation of assessment as well as the creation of an evaluation report. While such experts are to instruct, which have wider subject-specific knowledge and experience with regard to the accreditation bodies.

(2) be recognized in the context of the assessment of the experts of non-conformities, so he has to inform them of the conformity assessment body in writing. The conformity assessment body has 8 weeks, starting from the last day of the examination, to put the necessary corrective measures and to submit appropriate evidence about this immediately the experts.

(3) within the time limit of 8 weeks no evidence provided, the responsible capturing expert has to complete its assessment report and submit the accreditation body.

(4) if within a period laid down in paragraph 2 inadequate evidence the expert, the expert has to inform the conformity assessment body thereof in writing and indicate that within 4 weeks of another him appropriate evidence or he completes the review report and submits the accreditation body.


(5) the responsible capturing expert shall immediately transmit a report on the non-conformities according to para 2 of the accreditation body.

(6) experts are required about the expert activity, to confidentiality of all operations known to them and facts which have acquired in connection with carrying out an inspection. Documents provided to carry out the assessment available, may not third, on which way are also always made accessible or reproduced.

(7) experts have a duty to reject a review if you have grounds that pull their full impartiality in doubt about when advisory activities for the conformity assessment body to rests.

(8) experts shall perform assessments according to the standards of the accreditation body, and where applicable, to use the provided work documents.

(9) experts are required to educate themselves at their own expense, and to inform all major changes to the accreditation body.

(10) experts are obliged on request the accreditation body to carry out necessary improvements, especially with regard to the evaluation report or clarification of facts ascertained in the course of the review without entitlement to reimbursement of costs.

Special Administrative charges § 10 (1) for the official acts to be conducted according to the provisions of this Federal Act payable that are to set family and youth in agreement with the Federal Minister of Finance according to the overhead in respect of these acts through regulation by the Federal Minister for Economic Affairs.

(2) the standard amounts are after the time required for the preparatory work and the implementation, to be determined according to the number of required official organs, the number of the test methods described in the application and to the average bar expenses (in particular transport and travel costs, printed materials, materials and postage).

(3) the administrative charges referred to in paragraph 1 can be divided to



1. the fees for accreditation, graduated according basic fee and a fee depending on the nature and the scope of the accreditation, 2. the fees for the extension of accreditation, 3. the fees for the monitoring of accreditation, 4. the fees for the issuance of notices and confirmations.

(4) the notifications in accordance with article 12, paragraph 1 and caused by this federal law any other correspondence with the accreditation body with the exception of the applications referred to in article 8 are exempt from the fees in the sense of the fees Act 1957 in amended.

(5) it is foreseeable that an accreditation process requires significant out-of-pocket expenses the applicant authority to the payment of a corresponding advance can be behave (§ 76 para 4 AVG).

§ 11 (1) the accreditation body can be important reasons (such as in particular criminal charges, written complaints, reasonable suspicion of the existence of withdrawal reasons) the accredited conformity assessment body at any time undergo an audit.

(2) the costs of monitoring referred to in paragraph 1 shall be borne by the conformity assessment body, except that no defects were detected in monitoring; in this case, the costs of the proceedings by the accreditation body shall bear.

3. section

Obligations of accredited conformity assessment bodies

Section 12 (1) has the accreditation body immediately the accredited conformity assessment body over significant changes in writing to inform, which relate to the accreditation status or the operation and in particular relating to



1. their legal, economic and organizational status, 2 of the top management or other key personnel, 3. the basic rules, 4 the scope of accreditation or 6 other matters, the impact on the ability of the conformity assessment body may have resources or locations, 5.

(2) accredited conformity assessment bodies are required to participate by the accreditation body or on aptitude tests at their own expense, taking into account accordingly already undertaken or carried out other reasons comparative tests or interlaboratory tests.

(3) accredited conformity assessment bodies have to provide all documents to the accreditation body and the appointed experts on request, which give insight into the workings of the conformity assessment bodies.

(4) accredited conformity assessment bodies are required, representatives of instead of the accreditation or an expert designated by it without undue delay and without right to compensation of her thus incurred expenses, access to places to allow as well as to provide relevant information and to allow inspections.

(5) accredited conformity assessment bodies must allow the observation of the conformity assessment activities of the accreditation body.

(6) accredited conformity assessment bodies have to write an annual report, no later than first of March of the following year to submit this accreditation body.

(7) accredited conformity assessment bodies are obliged, in a kind and extent are usual in bona fide business transactions, to take precautions by taking an assurance that compensation requirements can be satisfied in connection with their conformity assessment activity. The minimum height of the coverage for personal injury, property damage and damage to property are by the Federal Minister of economy, family and youth to be set by regulation.

(8) accredited conformity assessment bodies must serve those records, to transparency and consistency of the issued reports (§ 4 para. 2) and certificates, store ten years.

4 section

Termination of accreditation

Section 13 (1) the right to engage in the accreditation ends



1. with the withdrawal of accreditation, 2 with the demise of the legal subject or 3. with the completion of the permission by the accredited conformity assessment body.

(2) Notwithstanding paragraph 1, the accreditation for a period of six months may be exercised by any other entity. The relevant conditions for accredited bodies are to be maintained. The provisions concerning the withdrawal pursuant to § 14 are not affected.

Withdrawal of accreditation

§ 14. Accreditation is by notice to withdraw, if



1. essential requirements for accreditation does not meet, there are no 2 is obligations, arising from the accreditation, or not complied with regulatory arrangements according to § 12 3 during the suspension of accreditation is carried out these or 4. the accreditation mark reviewed improperly used and the conditions for a suspension in accordance with section 16.

Suspension of accreditation

§ 15. At the request of accredited conformity assessment bodies, accreditation for six months may be suspended if can be due to the change of the seat, the construction activity at the headquarters or at the premises of the accredited conformity assessment body, or prolonged absence of senior people, not carried out a systematic review or the accredited activity is not performed.

16. (1) the suspension of accreditation can be from Office for six months, if



1 non-conformities detected of the accreditation body not resolved within the time limits under section 9 are or 2. scheduled assessments based on fault of the accredited conformity assessment body not in a timely manner be carried or 3. through decision set no deadlines.

(2) a partial suspension of accreditation can be for six months, if essential requirements for the exercise of a certain part of accreditation are accounts for, and these are not remedied within the time limits under section 9.

(3) the suspension of accreditation should be repealed as soon as the reasons for the suspension have been removed.

Restriction of accreditation

§ 17. The scope of accreditation is to restrict, if



1. essential conditions for the exercise of the relevant part of the accreditation have been abolished, 2nd in once again be deficiencies in the exercise of the relevant part of the accreditation.

5. section

Penal provisions

§ 18. Who



1. regulatory arrangements in accordance with § 12 not or only with unjustified delay comes after or 2. exerts the accredited activity in accordance with the provisions of Regulation (EC) laying down requirements for accreditation and market surveillance relating to the marketing of products, no. 765/2008, this Federal Act or of the regulations adopted on its basis not misused the accreditation mark 3. , commits an administrative offence and is by the district administrative authority with a fine to punish up to 10,000 euros.

Enforcement

§ 19. With the completion of this federal law is



1.

with regard to § 10 para 1 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of finance, 2nd in terms of § 10 section 4 the Federal Minister of finance, 3. Moreover the Federal Minister of economy, family and youth entrusted.

6 article

Transitional and final provisions

The regulations for the accreditation of certification bodies are § 20 (1) by the Federal Minister of economy, after issuing a new accreditation notice proposes to repeal family and youth.

(2) the procedure for the issue of a permit for the already accredited certification bodies is initiated by the Office.

(3) that at the time of entry into force of this Act upright accreditations granted by the Austrian Institute for building technology under national provisions, stay until the end of their period of validity, but at the latest until the end in article 39 of Regulation (EC) Nr. 765 / 2008 set transitional period (31 December 2014) valid.

21. (1) the accreditation Act, Federal Law Gazette No. 468/1992, last amended by Federal Law Gazette I no. 85/2002, occurs with trace of xx.xx. 2012 override.

(2) the regulation concerning the recognition of calibration certificates and calibration results, Federal Law Gazette II No. 427/1999, occurs at the end of the xx.xx. 2012 override.

(3) the validity of the accreditation fees regulation, Federal Law Gazette No. 70/1994, as last amended by Federal Law Gazette II No. 490/2001, accreditation insurance regulation, Federal Law Gazette II No. 13/1997, last amended by Federal Law Gazette II No. 490/2001 and accreditation marks regulation, Federal Law Gazette II No. 380/2008, by the suspension not be touched.

(4) paragraphs 1 to 4, 7, 8 and 10 to 12 of the calibration service regulation, Federal Law Gazette No. 42/1994 as amended by Federal Law Gazette II No. 490/2001, are repealed.

section 22. The gender-specific terms used in this law and names include each both the male and female form.

Article 2

Change of the measurement and calibration Act

The measurement and calibration law, BGBl. No. 152/1950, as last amended by Federal Law Gazette I no. 115/2010, is amended as follows:

The articles 58 and 59 are eliminated.

Article 3

Change of the boiler law

The boilers Act, Federal Law Gazette No. 211/1992, as last amended by Federal Law Gazette I no. 80/2007, is amended as follows:

section 25 is omitted.

Fischer

Faymann