314. Regulation of the Federal Minister of economy, family and youth, modifies the calibration points regulation
On the basis of § 35 para 4, 36 para of 3 and 57 para 1 of the dimensional and calibration Act (MEG), Federal Law Gazette No. 152/1950, as last amended by the Federal Act Federal Law Gazette I no. 115/2010, is prescribed:
Ordinance of the Federal Minister for Economics and labour regarding calibration points (EichstellenV), Federal Law Gazette II No. 93/2004, is amended as follows:
1. paragraph 1 section 1:
"(1) calibration bodies within the meaning of this regulation are places that have been authorised for national calibration of measuring devices by the Bundesamt für Eich - und Vermessungswesen."
2. section 1 para 2 is omitted, which received the designation "2" and "3" par. 3 and 4.
The following paragraph 4 is added to § 3. 1:
"(4) the"admission to the setting"within the meaning of this regulation means the verifiability in accordance with article 38, paragraph 1 MEG."
4. in article 2 the Word replaces "accredited" "authorized" the word.
5. the heading of section 3 is as follows:
"General requirements for empowerment"
6 paragraph 3 section 1:
"Are (1) that is empowerment as the calibration point be granted if the paragraph 2 to 10 meets the requirements."
7. in section 3, paragraph 2, the phrase "or the Turkey" is inserted after the word "Switzerland".
8 § 3 par. 4 No. 5 is:
"5. the applicants for authorisation as a calibration facility on the development, manufacture or sale of measuring instruments is according to § 2 involved, should be calibrated or the instruments used by the applicant itself, then a clear separation of responsibility between; activity of the calibration facility and the other activities ensured and demonstrated need Service, maintenance and technical assessment in the framework of conformity assessment procedures for the manufacturer are compatible."
9 paragraph 3 section 5:
"(5) the staff must have each provided activities required competence and experience with regard to the requested gauge type. In particular knowledge of the MEG, the regulations to the MEG, the approvals for calibration, relevant EC directives and calibration regulations is requirement."
10 § 3 par. 7 and 8 are:
"(7) the repatriation of metrological facilities and the metrological standards is to prove through calibration (calibration certificates). Calibration certificates of the following points apply to the calibration as proof:
1. Federal Office for metrology and surveying or equivalent institutions of other States;
2. calibration points which have been accredited in the framework of the Austrian calibration service.
3. calibration points, their calibration certificates to recognise no. 765/2008 are on the basis of Regulation (EC).
(8) for the monitoring of environmental conditions using calibrated measuring equipment is allowed in addition to the evidence referred to in paragraph 7, their returning must be demonstrated through the submission of a calibration certificate."
11 be added following paragraph 9 and 10 section 3:
"(9) calibration must be equipped necessary premises and facilities with all for a proper implementation of the requested appropriations. Special required equipment must be available before beginning the calibration technical examination at the latest.
(10) verification bodies have proven to operate a quality management system corresponding to the State of the art, that corresponds to the type, the meaning and the scope of performed activities."
12. in article 4, paragraph 1, the phrase "two years" is replaced by the phrase "six months".
13. in section 4, paragraph 2 "7" and the phrase "No. 111/2002" replaces the "6" through the Z Z the phrase "No. 111/2010".
14. in section 5 Z 3, section 6, paragraph 1, in the introduction to section 10 para 2, § 10 par. 2 Z 3, § 10 para 3, § 10 ABS. 3 Z 5, section 10, paragraph 4 and in the heading before paragraph 10, the word "Accreditation" is replaced by the word "Empowerment".
15 paragraph 5 Z 4:
"4. calibration certificates in accordance with § 9 para 3 to exhibit."
16. in article 6, paragraph 1, the word "Accreditation" replaced by the word "Empowerment" and added the word "even" after the word "Procedures".
17 § 6 par. 2 and 3 are:
"(2) the instruments meet the requirements applicable to them, shall be so provided places on the instruments of the Eichstempel and if necessary assurance stamp to the in the admission to the calibration. Then backup stamps references applicable approval with regard to the assurance for the meter a meter at defined points national arrangements for stamping, are in these parts anyway to install.
(3) the instruments when assessing technical calibration are not applicable to them, so they are to be rejected. These are labeled "legal for trade use not allowed" complements to visibly mark the number of calibration points and a possibly existing Eichstempel is to devalue. Measuring results exceed the calibration error limit, but below the transport error limit, then the measurement of the calibration must be rejected. The application of Eichstempels and the measures laid down in the second set are not making."
18. the introductory phrase is in section 6, paragraph 4:
"The calibration points have to produce documentation on the activities carried out by you and stored for at least five years. "These documents, which may be distributed with the consent of the Bundesamt für Eich - und Vermessungswesen, must contain the following information:"
19 § 6 para 5 to 7 are:
"(5) the measurement equipment and the measurement standards of the calibration points are before the first use, to verify the following repairs and then at least at the intervals laid down in the decision. If necessary additional checks and control measurements are taking into account the nature of the facilities and the normal at shorter intervals perform to determine compliance with the defined measurement uncertainties.
(6) if the provisions laid down in this regulation, as well as in the decision cannot be met, calibrations of measuring device types that are affected, may be not carried so long, until the proper operation is again possible. In addition, a temporary restriction of the activity of the calibration facility or certain Zeichnungsberechtigter can be has in these cases by the Bundesamt für Eich - und Vermessungswesen provided are not measures pursuant to § 10 para 6.
(7) verification agencies are required, any application for calibration, which relates to instruments which fall within the scope of the authorization of the calibration facility, without undue delay, but not later than 2 months after receipt of the application to edit and agree calibration technical testing of measuring instruments. "After adding a backup mark pursuant to § 45 para 2 MEG is calibration technical examination of the instruments upon receipt of a request relating to the scope of the authorization at the latest within the conduct in § 45 para 8 MEG established deadlines."
20 10 the following paragraph is appended § 6 paragraph 9:
"(10) authorized calibration may are carried out by internal calibrations of measurement facilities, the procedures under the authorization have been verified."
21. in article 7, paragraph 1, no. 1 is the word "and" with a semicolon in Z 2 is the point at the end of the No. 2 by the word 'and' replaced and added following no. 3:
"3. stamp materials, which include a year from the previous year, at the latest at the end of the month of January of the current year will be destroyed."
22 paragraph 8 section 4:
"(4) customer information, indicating the expected expiration of the Nacheichfrist, may be placed on after completing the calibration only on those instruments in addition, were subjected by the calibration facility of itself a calibration and must be provided with the number of the calibration facility."
23 § 8 para 4 be appended following paragraph 5 and 6:
"(5) the calibration facility is responsible for ensuring that the stamp to be for calibration are clearly identifiable. If necessary, the stamp material is to renew.
(6) stamp materials can be replaced from lead by other suitable materials."
24 § 9 is as follows:
"Consists of the calibration certificate § 9 (1) of the cover shown in annex I and shall additionally contain the following information:"
1. a short description of the test procedure;
2. the presentation of the results of the verification in the form of a declaration that the calibrated meter corresponds to specified metrological requirements with reference to these requirements, as well as the indication of the measurement uncertainties and the relevant environmental conditions;
3. the calibration number, the number of calibration points on the basis of the notification, the date of the exhibition and the total number of pages of the certificate of calibration on every page.
(2) a calibration certificate is deemed to exhibit if this the customer requires.
(3) a calibration certificate shall contain only the following information:
1. the identification of the calibration facility;
2. the term "Calibration certificate";
3. the serial number in the form "calibration verification number";
the explicit note that the calibration of the instrument described below was based on the measurement and calibration Act (MEG), Federal Law Gazette No. 152/1950 as amended, by the verification agent with the number of calibration points;
5. the specification of the subject, type, identification, manufacturer's, client's date of calibration and calibration number;
6. the stamp of the calibration facility, the signature of the head of the calibration facility and the date of the signing of the confirmation;
7. the explicit note that this confirmation of calibration is no sufficient evidence for the repatriation of the calibrated measuring device to national or international standards."
25 paragraph 10 section 1:
"(1) the application for authorization as a calibration facility is to submit in writing to the Bundesamt für Eich - und Vermessungswesen."
26. in article 10, par. 2, Z 1 is appended the phrase "or the calibration facility" after the word "Applicant".
27 § 10 para 2 No. 7 is:
"7. the quality management manual for the requested calibration facility;"
28 § 10 para 2 No. 9 is:
"9. for legal persons and registered partnerships the company book excerpt;"
29 § 10 par. 2 Z 11 is:
"11 calibration certificates or calibration certificates which demonstrate compliance with the requirements according to § 3 section 7 and 8;"
30. in article 10, par. 2, Z 12 replaced the word "Carrier" with the word "Applicant".
31. in § 10 ABS. 3 Z 1 is after the word "Address" the phrase "of the applicant and" inserted.
32. Article 10 par. 3 No. 6 replaces the phrase "as well as verification bodies accredited by the international recognition" by the phrase "as well as calibration bodies authorized by the possible international recognition".
33. paragraph 10 section 5:
"(5) any calibration facility is to undergo if the calibration facility continues to meet the applicable requirements and there are no deficiencies in the sense of the paragraph 6 by the Bundesamt für Eich - und Vermessungswesen at least every five years after successful authorization of a review. The calibration points have 6 months before the expiry of the authorization to submit all the necessary documents in accordance with section 10 para 2 to the preparation of the review."
34. the introductory sentence of § 10 section 6 is as follows:
"Empowerment is to withdraw by ruling or the scope of activity is to limit, if there is one or more of the following issues and this lack does not within a reasonable time, by the Bundesamt für Eich - und Vermessungswesen by decision to set, is fixed. "A defect within the meaning of this provision, if"
35. in article 10, paragraph 6, Z 1 the word 'Accreditation requirements' is replaced by the phrase "Requirements for empowerment".
36. in article 10, paragraph 6 Z 2 is after the phrase "be carried" inserted a comma and the word sequence "required documents are missing" inserted.
37. in article 10, paragraph 6 No. 3 after the word "Arrangements" the phrase "in accordance with § 6 para 4 and 5, article 11 par. 2, 4 and 7" inserted and the phrase "sections 13 and 14 para 1" is replaced by the string "section 13".
38. paragraph 10 section 7:
"(7) the authorisation expires,
1. If she was deprived by decision, 2 with the death of the physical person who receives the authorization by decision, or whose loss of own permission, 3 with the demise of the legal subject, 4 with completion of the authorization by the facility of calibration, 5. after expiry of the period of six months, if the authorisation is exercised by a different entity, the the provisions of § 11 GewO 1994 , but not equivalent to the provisions of this regulation or 6 when at the latest within a period of 4 months after paragraph 5, first sentence, a review of the calibration facility, confirming compliance with the requirements under this regulation, took place time the termination of the authorization decision should be noted."
39. the section 10 paragraph 7 be added following paragraph 8 to 10:
(8) calibration bodies "have to ensure through proven insurance for it, that compensation obligations can be met in the course of their duties. The minimum height of the flat-rate coverage of insurance contracts for persons, damage to property and pecuniary loss is 872 074,01 euro.
(9) the Bundesamt für Eich - und Vermessungswesen shall keep a publicly available list of verification bodies.
(10) if necessary, the Bundesamt für Eich - und Vermessungswesen can be issued a confirmation of the successful authorization. This contains the data of the calibration facility, the instrument type, the legal basis and the reference to the list of authorized calibration bodies in accordance with paragraph 9."
40. Article 11, paragraph 2 reads:
"(2) for each verified meter that does not meet the applicable requirements, and thus according to § 10 para 6 has defects Z 2, the calibration facility has immediately an internal check to carry out their activities, making the necessary improvements on the basis of the identified causes and to report back to the Bundesamt für Eich - und Vermessungswesen about the identified causes and the measures taken immediately in writing. The Bundesamt für Eich - und Vermessungswesen then determines whether the complained defect in the area of responsibility of the calibration facility was. This is true, then the number of meters to be tested is in the current year to increase three. This determination is made in the 4th quarter of the year as the corresponding audits can be performed until the end of the first quarter of the following year."
41. in article 11, paragraph 4, after the word "Facilities", a comma used and inserted the word "Tool".
42. § 11 para 5 and 6 are:
"(5) surveillance measures in the framework of the verification or already calibrated instruments unannounced must be made.
(6) the Bundesamt für Eich - und Vermessungswesen has each calibration within a period of five years twice in terms of the quality management system at random to check."
43. the section 11 be appended following paragraph 7 and 8:
"(7) the Bundesamt für Eich - und Vermessungswesen can be important reasons (in particular criminal charges, written complaints, reasonable suspicion of the existence of withdrawal reasons, results from revisions) check the calibration facility at any time." It is by the calibration facility to ensure that the required checks in the calibration facility or at the respective site of the measuring instrument can be performed. In the context of this review, you can suitability tests carried out, the competence of the staff of the calibration facility that verifies the effectiveness of the quality management system and reports on the activities carried out within a certain period of time requested.
(8) If a review pursuant to paragraph 7 deficiencies within the meaning of § 10 section 6, there are specific measures and to bear the costs of the verification of the calibration facility. In the other case the calibration facility is in writing of the outcome of the review to communicate."
44. in article 12, paragraph 1, no. 1 is the word to replace "Accreditation scope" with the word "Authorization amount".
45. paragraph 13:
"Section 13 (1) test is performed the calibration technical in a constantly used calibration technical test room, so that has to report the amount of instruments calibrated in the current year using the calibration database provided by the Bundesamt für Eich - und Vermessungswesen available calibration facility at the end of every second month. Under constant use, daily use of the test room is on weekdays, except times that are due to sick days, holidays, training, calibration standards, repair and maintenance, to understand.
(2) in the case of calibration technical examinations of the following measuring devices intended calibration is the calibration facility no later than three working days in advance to inform the Bundesamt für Eich - und Vermessungswesen:
1. scales with a maximum load of more than 3 000 kg, as well as all scales, which are built on or integrated on motor vehicles or trailers;
2. automatic weighing instruments;
3. volume corrector;
4. quantities, measuring systems and locating Rod measurement equipment on tankers as well as measuring systems for operating or additives back; filled on the basis of their chemical properties in the storage tank
(3) in the case of calibration technical tests, which are not mentioned in paragraphs 1 and 2, as well as in individual cases when deviation from the intended calibrations communicated in accordance with paragraph 2 the calibration facility has next business day verification no later than when performing the calibration to be communicated to the Bundesamt für Eich - und Vermessungswesen.
(4) the notice referred to in paragraph 2 and 3 has to be carried out by using the calibration database provided by the Bundesamt für Eich - und Vermessungswesen available and shall at least contain:
1. the date of calibration technical inspection;
2. the exact test location (user, address);
3. the signatories;
4. the instrument type;
5. the quantities;
6. the number of production or the production numbers;
7 in taximeters a) in advance according to § 13 para 2 Z 5 different no. 2 only the test location where no. 6; accounts for
not later than on the working day following the setting the user and his address, the information according to no. 6, the Eichprüfsumme as well as the license plate of the vehicle or the vehicle identification number;
8. when fuel measuring systems in addition the maximum flow strength;
9. in non-automatic weighing instruments in addition the accuracy class and the maximum load.
(5) changes that can affect the empowerment of the calibration facility, are to immediately report the Bundesamt für Eich - und Vermessungswesen.
(6) in the notification according to § 10 paragraph 3, with the authorisation is granted, par. 1 to 4 when using a not continuously used calibration technical inspection area as well as a calibration technical test room, which is not in Austria, can be deviated from the applicable reporting requirements, if this is necessary for technical reasons and to carry out an efficient audit according to § 12.
(7) on the activities carried out within a year under the authorization, the calibration facility has to submit a report to the Bundesamt für Eich - und Vermessungswesen in February of the following year at the latest. The report has to include at least the following:
1. changes in the Organization of the calibration facility (structure, legal status, ownership);
2. changes in the headcount (head, Deputy, authorized signatories of, quality officer);
3. changes in procedures for the calibration and internal calibration procedure;
4. measuring instruments, as well as the number of calibrated measuring instruments checked specifying the number of meter type separately;
5. changes to the premises;
6. changes of the measuring devices;
7 as the changes in the quality management manual of the calibration facility on the basis of the Z 1 to 6 or the list of changed documents with a content description of the changes due to the Z 1 to 6.
(8) the calibration points are required
1 meters submitted for calibration with them reported if the Bundesamt für Eich - und Vermessungswesen in writing or by E-Mail has advised that these instruments for technical or formal reasons; not be calibrated gauges to the Bundesamt für Eich - und Vermessungswesen
2. measuring instruments, rejected pursuant to article 6 paragraph 3, within ten working days, stating the user (address), the instrument type and the production number to report the Bundesamt für Eich - und Vermessungswesen; according to § 13 ABS. 1 except, measuring instruments in accordance with article 8, paragraph 1 Z 3 are lit. Z, c, and a 4 MEG and water meters.
46. paragraph 14:
"§ 14. About the appropriations carried out within a year, restrictions and evasions and audits and their results the Bundesamt für Eich - und Vermessungswesen has the Federal Minister of economy, to submit an annual report family and youth in February of the following year at the latest."
47. in article 15, paragraph 2, the word "Accreditation decision" is replaced by the word "Notice".
48. paragraph 16 including the heading:
§ 16. This regulation is in accordance with the provisions of 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 the 21.07.1998 p. 37 as amended by Directive 2006/96/EC, OJ No. L 363 of 20.12.2006 S. 81, under the Notifikationsnummer 2011/273/A notified."
49. paragraph 17 including the heading:
§ 17. "For places, which at the time of entry into force of § I Nr 115/2010, a procedure according to § 13 ABS. 1 of the accreditation Act was pending 35 MEG, BGBl., extended the deadline for the legislative measures in accordance with § 10 section 7 Z 6 to 3 months after the entry into force of this regulation."
50 § 18 including the heading of § 18 is omitted.
51. in annex I, the phrase "accredited by the Federal Ministry of Economics and labour" is replaced by the phrase "Authorized by the BUNDESAMT für EICH - und VERMESSUNGSWESEN".