458. Regulation of the Federal Minister for Economic Affairs, Family and Youth on safety regulations for shipping containers-Dispatch Container Ordinance 2011 (VBV 2011)

On the basis of § § 3 (3), 6 (2) and (3), 10 (1), 12 (5), 19, 24 and 25 of the Kesselgesetz, BGBl. N ° 211/1992, as last amended by the Federal Law BGBl. I No 80/2007, is being ordered:

Scope

§ 1. (1) This Regulation shall apply to:

1.		the pressure vessels and tanks for Class 2 substances listed in the ADR, RID and ADN, which are not in accordance with the Regulation on transportable pressure equipment (transportable pressure equipment regulation-ODGMO), BGBl. II No 291/2001, as last amended by BGBl. II No. 496/2003, or the Regulation on transportable pressure equipment 2011 (ODGV 2011), BGBl. II No 239/2011, as amended, placed on the market or in respect of which no reassessment of conformity has been carried out, in respect of the filling, recurrent tests, intermediate audits and the exceptional tests,
2.		bottles, with regard to supplementary provisions for colour marking and valve connections;
3.		fuel tanks, their equipment, including fixings and pressure lines, with regard to the placing on the market, the filling, the periodic checks, the repairs and the changes,
4.		Silo transport containers, with regard to recurrent investigations, periodic checks, repairs and modifications,
5.		bottles for portable diving equipment, including bottles for rescue and camouflage vests, as well as bottles used in breathing apparatus, for the purpose of filling and recurrent examinations;
6.		containers for carbonated beverages, relating to the placing on the market and for the filling,
7.		Small, non-refillable capsules for compressed or liquefied gases, for the placing on the market and for the filling,
8.		aerosol packs and cartridges, with regard to the filling,
9.		portable fire extinguishers, with regard to the filling and periodic checks,
10.		Heat-protection devices for devices according to Z 1 and 2,
11.		operation and installation of bottle bundles,
12.		Equipment, personnel, approval and monitoring of filling stations.

(2) For pressure vessels or tanks for the transport of dangerous substances other than those mentioned in ODGV 2011, which are placed under pressure from gases only for the purpose of loading or unloading, but which are in principle pressureless during transport , the relevant provisions of the ADR, RID and ADN shall apply.

(3) References to the ADR or RID in this Regulation shall also affect those provisions of the ADN that refer to corresponding sections of the ADR.

(4) The references of technical rules shall be found in the Appendix B listed.

(5) Load tanks according to Z 1.2.1 of the system for the ADN of gas tankers (tanker type G ADN) are not pressure equipment in the sense of the Kesselgesetz.

Definitions

§ 2. (1) Power-gas tanks are to be found in § 3 Z 5 of the Pressure Equipment Ordinance-DGMO, BGBl. II No 426/1999, vehicles referred to as vehicles for the reception of gases used for the propulsion of these vehicles. In accordance with UN/ECE Regulations Nos 67 and 110, these gas tanks may also be used for the heating of these vehicles.

(2) Silos transport containers are containers for the transport of liquid, granular or pulverulent substances which are not subject to the scope of the ADR or RID and which are acted upon by compressed gases only for the purpose of loading or unloading.

(3) Persons skilled in the art are persons who, on the basis of their training and experience, are able to assess the safety-related condition of a device. You have the right to be familiar with the regulations of the device, the rules of the technology and the manufacturer's instructions for installation, maintenance and operation.

(4) "ADR"-European Convention on the International Carriage of Dangerous Goods by Road pursuant to § 2 Z 1 of the Law on the Promotion of Dangerous Goods-GGBG, BGBl. I No 145/1998;

(5) "RID"-order for the international rail transport of dangerous goods, Annex C to the Convention on International Carriage by Rail (COTIF) in accordance with § 2 Z 2 of the GGBG;

(6) "ADN"-European Convention on the International Carriage of Dangerous Goods on Inland Waterways, transposed into Austrian law by § 2 Z 3 of the GGBG.

Provision on the market and commissioning

§ 3. (1) Power gas tanks may be made available on the market, put into service and operated if, depending on the nature, they comply with the following provisions:

1.		The provisions of UN/ECE Regulation No 67 shall apply to fuel tanks, their equipment including fixings and pressure lines in motor vehicles with LPG propulsion;
2.		The provisions of UN/ECE Regulation No 110 apply to fuel tanks, their equipment including fittings and pressure lines in motor vehicles powered by compressed natural gas (CNG) or biomethane.

(2) Small non-refillable capsules for compressed or liquefied gases, which comply with the provisions of the Appendix A.1 , may be made available and used on the market.

(3) containers for carbonated beverages containing the provisions of Appendix A.2 , may be made available and used on the market.

Colour marking and devices for connection to other devices

§ 4. (1) In addition to the relevant provisions of the ADR or RID, bottles subject to ADR or RID shall be subject to the following operational rules or regulations, respectively. ÖNORMEN:

1.		ÖNORM EN ISO 13769;
2.		The colours according to ÖNORM EN 1089-3 for bottles, excluding bottles for liquefied petroleum gas and fire extinguishers;
3.		ÖNORM M 7377 for the use of gas cylinders;
4.		Liquid gas cylinders with removal from the liquid phase must be provided in the lower part up to the middle of the bottle with a red paint coat and, in the upper part, to be designed differently in colour. In addition, a clearly perceptible warning text, which indicates the liquid removal, must be permanently attached to the bottles.

(2) The standards ÖNORM M 7390-Part 1 and 2, ÖNORM EN ISO 407 and ÖNORM EN ISO 10692-Part 1, for bottles for liquefied petroleum gas, ÖNORM EN ISO 14245, ÖNORM EN ISO 15995, and ÖNORM EN ISO 14245, ÖNORM EN ISO 15995, ÖNORM EN ISO 14245, ÖNORM EN ISO 15995, ÖNORM EN ISO 15995, ÖNORM EN ISO 159 15202. In addition, devices for which there is no likelihood of confusion with the standard connections shall be permitted.

Periodic tests or examinations, intermediate examinations and extraordinary tests, general requirements and time limits

§ 5. (1) Pressure vessels and tanks according to § 1 (1) (1) (1) shall be subjected to the periodic tests, intermediate examinations and extraordinary tests provided for in the ADR or RID.

(2) For vessels made of composite materials, the time limits shall be from one for Directive 2010 /35/EU on transportable pressure equipment and repealing Directives 76 /767/EEC, taking into account the rules applied in the design and manufacture of composite materials, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC, OJ L 206, 22.7.1984, p. No. OJ L 165, 30.6.2010, p. 1.

(3) The periodic inspections of silo transport containers shall be subject to the provisions of Appendix A.3 .

(4) Bottles for breathing apparatus and for portable diving equipment, including bottles for rescue and camouflage vests, shall be tested every 10 years in accordance with subsection 6.2.1.6.1 ADR or RID of test sites in accordance with § 9 para. 1 or of operating audit services in accordance with subsection 1.8.7.1.4 ADR or RID.

(5) In addition to the periodic tests referred to in paragraph 4, in the fourth and seventh year of the ten-year test interval, in addition to the periodic tests referred to in paragraph 4, bottles for portable dipping equipment, including bottles for rescue and camouflage vests, shall be tested in accordance with Subsection 6.2.1.6.1 ADR or RID, with the exception of the in lit. d of this sub-section called fluid pressure testing.

(6) Bottles in portable CO 2 -extinguishing equipment shall be used every 10 years to carry out a review and an internal investigation as well as for each second year a periodic check (§ 7) within the framework of this ten-year examination interval.

(7) In the case of bottle bundles, bottles and bottles for portable CO 2 -extinguishing equipment, may be waited with the periodic inspection until the next refill.

Replacement of fluid pressure testing

§ 6. The fluid pressure test as a repeat test for bottles or large bottles may be replaced by:

1.		a sound-emission test or a combination of sound-emission test and ultrasonic examination; as a guideline for the sound-emission test, the ÖNORM EN ISO 16148 may be used; or
2.		an ultrasonic inspection to be carried out for seamless aluminium alloy bottles in accordance with the ISO 10461 + A1 standard and for seamless bottles and large bottles of steel in accordance with ISO 6406 standard.

Periodical checks

§ 7. (1) At the instigation of the operator of competent periodic inspections, which permit an assessment of the operational safety of the containers, the following containers are to be carried out:

1.		Pressureless metal vessels for deep-frozen liquefied gases,
2.		Container for extinguishers for portable fire extinguishers, including portable CO 2 -extinguishing equipment and propellant gas cylinders for portable fire extinguishers,
3.		Silo transport container,
4.		Container for low filling pressures according to the ADR or RID subsection 1.1.3.2 lit. c,
5.		Power tanks.

(2) Periodic checks shall include studies which take into account applicable operating conditions and damage mechanisms. Where applicable, the parameters are the parameters

1.		corrosion or abrasion,
2.		mechanical damage,
3.		Condition of a protective trike
4.		Crack formation,
5.		Leaks,
6.		the functional capacity of the equipment;
7.		Marking,
8.		Conditions of installation,
9.		installation situation, including the fixing elements, and
10.		Control of the useful life
.

(3) The nature, scope and frequency of periodic checks shall be determined in the light of the instructions for the operation of the manufacturer of the container and the provisions of paragraph 2. In addition, the portable fire extinguisher (4), the power-gas tank (5) and the silo-transport container (s) are Appendix A.3 .

(4) Portable fire extinguishers, including portable CO 2 -extinguishing equipment kept in premises with a non-corrosive atmosphere shall, as a rule, be subject to periodic checks at a distance of two years. Ambient conditions deviating from this must be assessed and, where appropriate, be taken into account by shortening the control period. If, on the basis of experience or experiments, it is possible to establish that, for certain types of portable fire extinguishers, operational safety is maintained for a longer period of time than two years, the control period may be extended accordingly.

(5) Power-gas tanks, including their equipment, including fastenings and pressure-carrying lines, shall be subject to periodic checks by knowledgeable persons at the instigation of the operator at the latest every three years.

(6) The implementation and evaluation of the periodic checks shall be documented by the operator.

(7) Documents issued for the placing on the market and on the periodic checks shall be kept by the operator for inspection by the competent authorities.

Documentation

§ 8. (1) The person responsible for the operation of containers in accordance with Article 1 (1) (1), (1), (3), (4) and (5) shall keep the documentation required for such equipment fully ready for inspection by the competent authorities. This documentation shall be submitted to the relevant bodies on the occasion of the periodic examinations or investigations. The operator of bottles and cryocontainers complies with the requirement for documentation on the basis of the mandatory labelling affixed to the equipment.

(2) The documentation for the assessment and control of filling stations shall be kept ready for inspection by the person responsible for the filling station for the competent authority.

Audit Points

§ 9. (1) The verifiers referred to in the ADR or RID or the authorized representative of the competent authority for the pressure vessels and tanks listed in § 1 (1) (1) (1) (1) are without prejudice to § 10 the bodies designated in accordance with ODGV 2011 in accordance with their authority.

(2) As technical services in accordance with UN/ECE Regulations No 67 and No 110, the Federal Minister for Transport, Innovation and Technology may, on a proposal from the Federal Minister for Economic Affairs, Family and Youth, designate for transportable pressure equipment They shall be notified to the Secretariat of the United Nations.

(3) In accordance with § 10 of the Kesselprüfstellen (boiler law), or without prejudice to § 10 (2) of the Kesselgesetz (Kesselgesetz), returning investigations on containers according to § 1 (1) (1) (Z) 4 and (5) may be carried out in accordance with their authority.

Equivalence determination

§ 10. (1) The provision on the market of containers in accordance with Article 1 (1) (1) (6) and (7) is within the scope of Regulation (EC) No 764/2008 laying down procedures relating to the application of certain national technical regulations to products lawfully placed on the market in another Member State and repealing Decision No 3052 /95/EC, OJ L 327, 31.12.1994, p. No. OJ L 218/21, 13.8.2008, p. 21.

(2) In the case of containers in accordance with Article 1 (1) (1) and (3) to (5), in accordance with the rules or requirements in force in another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area, shall be deemed to have been lawfully manufactured, placed on the market and supervised, it shall be presumed that the requirements relating to safety-related characteristics for a further establishment with the same security as those referred to in Regulation is fulfilled. In duly substantiated cases, this shall be demonstrated at the request of the competent authority.

(3) The condition for ensuring the same security as paragraph 2 is:

1.		With regard to the nature,
a.			in the case of the containers placed under the ADR or RID, that the provisions of the ADR or RID are met for class 2 dispatch;
b.			in the case of gas tanks, the provisions of UN/ECE Regulations No 67 or No 110 applicable in each case are fulfilled;
c.			in the case of silo transport containers, the provisions of Directive 97 /23/EC on pressure equipment, OJ L 206, 22.7.1997, p. No. OJ L 181, 9.7.1997, p. 1;
d.			in the case of bottles for portable diving equipment, bottles used in breathing apparatus and bottles for portable CO 2 Extinguishing equipment that the provisions of Directive 97 /23/EC have been complied with.
2.		With regard to monitoring, the inclusion of expert, independent audit bodies or the application of quality systems to the same extent and of the same quality as provided for in this Regulation. In this context, account shall also be taken of the audit reports or certificates issued by bodies approved in other Member States of the European Union or in other States Parties to the Agreement on the European Economic Area, if the the test reports of these bodies are equivalent to technical requirements, tests and test procedures which are equivalent to those of the Austrian authorities. Such bodies are, in particular, those which meet the requirements laid down, in particular, in the relevant European standards.

Filling

§ 11. (1) The filling of containers according to § 1 (1) Z 1, 3, 5, 7, 8 and 9 as well as with the Pi-labelled transportable pressure equipment shall be provided in accordance with Appendix A.4 shall be made.

(2) In the case of tanker vehicles, the unladen mass shall be the weight (mass) of a fully equipped, ready-to-use vehicle standing on a horizontal road without charge, in the case of motor vehicles, including the filled vehicle. Fuel tank. The maximum permissible mass corresponds to the maximum permissible gross vehicle weight (mass), which is the maximum total weight of the stationary, ready-to-use vehicle together with the load, the handlebar and all the persons who are transported at the same time, which shall be the The vehicle must be reached. The maximum authorised mass of the tanker vehicle shall not be higher than the maximum permissible laden mass of the tanker vehicle. In the case of tanker vehicles, the maximum mass of the filling, in the case of vessel battery vehicles, shall be the sum of the maximum permissible masses of the filling of each element, not higher than the maximum permissible payload, that is the highest weight (mass), that can be used to load the vehicle in accordance with the provisions of the road transport legislation. In addition, in tanks for liquefied gases with a critical temperature equal to or higher than 70 ° C, which shall be used for volumetric filling without reweighing in accordance with Appendix A.4 Z 1.7 are suitable for attaching the reference "Suitable for volumetric filling without rebalancing" as well as the reference temperature.

(3) In the case of transportable pressure equipment which is subject to Directive 1999 /36/EC on transportable pressure equipment, OJ L 206, 22.7.1999, p. No. 20, or Directive 2010 /35/EU, and which are to be filled in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, shall be replaced by (1) the relevant provisions of the Member State or State of the Contracting State concerning the filling of the product.

Heat-protection devices and operation of bottle bundles

§ 12. (1) The operation of bottle bundles must be carried out in accordance with the Z 4 of the ÖNORM M 7396.

(2) Devices according to § 1 (1) (1) (1) and (2) without heat protection devices shall be protected against undue heating above 50 ° C during storage and use.

Repairs and alterations of gas tanks or silo transport containers

§ 13. (1) A repair shall be given if a fuel tank or silo transport container which no longer complies with the safety requirements of this Regulation shall be replaced by the use of technological processes such as deforming, repair welding, replacement or insertion of new components or materials, and, where appropriate, the replacement of materials in the condition to which the first and/or the first Type examination corresponds.

(2) Where the use of technological processes and, where appropriate, the replacement of materials, a different condition is obtained than the condition at the time of the first and/or the first Type examination, this is to be considered as a change.

(3) Repairs referred to in paragraph 1 which have an effect on the integrity of the walls subjected to pressure or which affect the performance of the walls subjected to pressure shall be carried out by those bodies which provide for the conditions to be met by: Production of gas tanks in accordance with the provisions of this Regulation or for the manufacture of silo transport containers in accordance with the Regulation on Pressure Equipment (Pressure Equipment Regulation-DGMO), BGBl. II No 426/1999, as amended.

(4) Changes in accordance with paragraph 2 shall be carried out by bodies meeting the requirements laid down in paragraph 3.

(5) The tests of repairs which have an impact on the pressure-bearing walls, as laid down in paragraph 3 above, are the bodies notified for Directive 97 /23/EC, the accreditation of which is the design and manufacture of containers. , to implement.

(6) Repairs referred to in paragraph 1, which do not affect the pressure-bearing walls, as set out in paragraph 3 above, may also be carried out by bodies other than those referred to in paragraph 3 above, and may be examined other than those referred to in paragraph 5 above, if the following conditions are met:

1.		The repairs shall be carried out and checked by trained personnel in accordance with appropriate procedures.
2.		The body shall have appropriate quality assurance measures for the implementation and testing of repairs.
3.		The procedures to be followed in accordance with Z 1 and the measures maintained in accordance with Z 2 are to be documented. The documentation shall be kept ready for inspection by the authorities.

(7) The provisions of paragraph 6 shall apply to the replacement of equipment parts without the use of joining methods as well as for the repair of pipelines belonging to the equipment.

(8) The applicable provisions of Directive 97 /23/EC of UN/ECE Regulation No 67 or No 110 shall apply to the implementation of the repairs and modifications.

(9) Changes in the power gas tanks or silo transport containers, as a result of which their design is changed, require the re-inclusion of the relevant conformity assessment procedure in each case.

Transitional provisions

§ 14. (1) Pressure vessels and tanks according to § 1 (1) (1) (1) may be operated in accordance with sections 1.6.2 to 1.6.4 of the ADR or RID and must be subject to the periodic tests, intermediate examinations and extraordinary tests provided for in the ADR or RID. shall be submitted.

(2) The certificates issued by the inspection bodies for porous filling masses, issued on the basis of the statutory provisions in force until now, shall remain valid, provided that they meet the requirements of subsection 6.2.1.1.9 of the ADR or RID.

(3) Admissions of filling stations in accordance with the applicable statutory provisions shall retain their validity until the next date of renewal.

(4) Qualification of personnel and procedural checks according to the applicable statutory provisions shall retain their validity until the next date of the renewal examination.

(5) The conformity of the authorisations, qualifications, tests and procedures referred to in paragraphs 1 to 4 above may be attested, provided that the relevant provisions are found to be in force of this Regulation shall be materially fulfilled. If necessary, supplementary tests may be carried out.

(6) For before 1. Steel bottles produced in January 2015 for the liquid gases propane and butane and mixtures thereof may be used for the time-limit for the carrying out of the periodic tests, subject to the following conditions: or RID to 15 years:

1.		The gas cylinders have been designed, manufactured and tested in accordance with ÖNORM EN 1442, an equivalent standard or equivalent piece of legislation, and the filling has according to the technical and organizational conditions of the ÖNORM EN 1439 and EN 1440 , where the filling points used are authorised, operated and supervised in accordance with this Regulation or equivalent rules.
2.		With regard to the equivalence of gas cylinders in service with the provisions of the ADR or RID applicable at the time of application of the deadline, gas cylinders lawfully placed on the market in Austria shall be subject to the following:
a)			For bottles up to and including the year of construction 1949, the relief referred to in this paragraph shall not be applicable;
b)			For bottles from 1950 to 26 September 1986, an analysis must be obtained from a relevant accredited body prior to a possible period of time-of-term. This analysis, on the basis of the applicable technical regulations, shall contain an evaluation of the gas cylinders or gas bottle types with regard to the possible use of the friction stretching. Provision should be made for additional labelling and, where appropriate, additional conditions;
c)			In the case of bottles lawfully placed on the market in Austria after 26 September 1986, the period of application of the deadline may be taken as a matter of principle;
d)			The one in lit. (b) and c) shall be subject to the results of the most recent repeated studies.

Gender neutrality

§ 15. The gender-specific terms and designations used in this Regulation shall include the male and female form in equal measure.

Override

§ 16. With the entry into force of this Regulation, the shipping container regulation 2002 (VBV 2002), BGBl, enters into force. II No 202/2002, as amended by the BGBl version. II No 347/2005, except for force.

EU notification

§ 17. This Regulation has been adopted in accordance with Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, OJ L 327, No. OJ L 204, 21.07.1998 p. 37, as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. OJ L 217, 05.08.1998, p. 18, under the notification number 2011 /399/A.

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