314. Regulation of the Federal Minister for Economic Affairs, Family and Youth, amending the ordinance on the Eichstellenverordnung

On the basis of § § 35 (4), 36 (3) and 57 (1) of the Measure and Verification Act (MEG), BGBl. No 152/1950, as last amended by the Federal Law BGBl. I No 115/2010, shall be ordered:

The regulation of the Federal Minister of Economics and Labour concerning Eichstellen (EichstellenV), BGBl. II No 93/2004, shall be amended as follows:

1. § 1 (1) reads:

"(1) Eichstellen within the meaning of this Regulation are bodies which have been authorized for the national calibration of measuring instruments by the Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen)."

2. § 1 (2) deleted, paragraphs 3 and 4 are given the names "2" and "3" .

(3) The following paragraph 4 is added to § 1:

"(4)" Admission to calibration "within the meaning of this Regulation shall mean the calibration capacity in accordance with § 38 (1) of the MEG."

4. In § 2, the word "accredited" by the word "authorized" replaced.

5. The title of § 3 reads as follows:

"General requirements for empowerment"

6. § 3 (1) reads:

"(1) The empowerment shall be granted as an oak, if the requirements of paragraphs 2 to 10 are met."

(7) In § 3 (2), after the word "Switzerland" the phrase "or Turkey" inserted.

8. § 3 (4) Z 5 reads:

" 5. if the applicant is also involved in the development, production or distribution of the measuring instruments according to § 2, which are to be calibrated, or if the measuring instruments are used by the applicant himself, then the applicant shall be required to: clear separation of the responsibilities between the activities of the oak and other activities will be ensured and demonstrated; consistent service, maintenance and the carrying out of technical tests within the framework of Conformity assessment procedures for the manufacturer. "

Section 3 (5) reads as follows:

" (5) The staff must have the expertise and experience required for the activities envisaged in respect of the type of measuring instrument applied for. In particular, the knowledge of the MEG, the regulations adopted on the MEG, the approvals for calibration, relevant EC directives and the relevant calibration requirements is a prerequisite. "

10. § 3 (7) and (8) are:

" (7) The repatriation of the metrological equipment and the metrological standards shall be demonstrated by calibration (calibration certificate). Calibration certificate of the following positions shall be considered for the calibration:

1.		Federal Office of Eich-und Vermessungswesen or equivalent institutions of other states;
2.		Calibration, which has been accredited within the framework of the Austrian Calibration Service;
3.		Calibration certificate, the calibration certificate of which is to be recognised under Regulation (EC) No 765/2008.

(8) In addition to the evidence in accordance with paragraph 7, the use of calibrated measuring instruments shall be permitted for the monitoring of environmental conditions, the traceability of which must be demonstrated by the presentation of a calibration note. "

(11) The following paragraphs 9 and 10 are added to § 3:

" (9) Eichstellen shall be equipped with all the premises and facilities required for the proper implementation of the requested appropriations. Special aids required must be available at the latest before the start of the verification of the calibration.

(10) Eichstellen shall be shown to operate a quality management system corresponding to the state of the art, which corresponds to the nature, meaning and scope of the activities to be carried out. "

12. In Section 4 (1), the phrase "two years" through the phrase "six months" replaced.

13. In § 4 (2), the Z "6" through the Z "7" and the phrase " No 111/2002 " through the phrase " No 111/2010 " replaced.

14. In § 5 Z 3, § 6 para. 1, in the introduction to § 10 para. 2, § 10 para. 2 Z 3, § 10 para. 3, § 10 para. 3 Z 5, § 10 para. 4 and in the headline before § 10 the word "Accreditation" by the word "Authorisation" replaced.

15. § 5 Z 4 reads:

" 4.		Confirmations according to § 9 (3) shall be issued. "

16. In § 6 (1) the word "Accreditation" by the word "Authorisation" replaced and after the word "Procedure" the word "Even" inserted.

17. § 6 (2) and (3) are:

" (2) If the measuring instruments meet the requirements applicable to them, the measuring instruments of the calibration stamp and, if appropriate, the safety stamp shall be affixed to the points provided for the calibration in the calibration. If the authorisation valid for the measuring instrument refers to national regulations for stamping in terms of the securing of a measuring instrument at defined points, then in any case security stamps shall be affixed at these points.

(3) In the case of the calibration test, the measuring instruments do not meet the requirements which apply to them, they shall be rejected. These are supplemented with the inscription "Eichliable Use Not Allowed" to mark the calibration number clearly visible and to devalue an existing calibration stamp. If measurement results exceed the calibration error limits, but below the traffic error limits, then the measuring instruments must be rejected from the calibration. The affixing of a calibration stamp and the measures laid down in the second sentence shall not be carried out. "

18. The entry sentence in § 6 (4) reads:

" The calibration points shall be accompanied by documents relating to the activities carried out by you and shall be kept for a period of at least five years. These documents, which may only be passed on with the consent of the Federal Office of Eich-und Vermessungswesen, must contain the following information: "

19. § 6 (5) to (7) are:

" (5) The metrological equipment and the measuring standards of the calibration sites shall be checked before they are first used, after repairs and then at least in the intervals specified in the communication. If necessary, further checks and control measurements shall be carried out at shorter intervals, taking into account the nature of the equipment and the normal, in order to determine whether the measurement uncertainties defined are being complied with.

(6) If the provisions laid down in this Regulation and in the communication cannot be complied with, calibration of the types of measuring instruments affected by it shall not be carried out until the proper operation is resumed. is guaranteed. In addition, the Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) may have a temporary restriction on the activities of the Eichstelle or certain authorised signatories, unless measures are to be taken pursuant to Section 10 (6).

(7) Eichstellen are obliged to process any application for calibration which relates to measuring instruments which fall within the scope of the authorization of the oak office, without unnecessary postponement, but no later than 2 months after the application has been submitted, and the Calibration of the measuring instruments to be agreed. Following the affixing of a security mark pursuant to § 45 (2) MEG, the calibration of the measuring instruments after the entry of a request relating to the extent of the authorization shall be no later than within the time limits laid down in section 45 (8) of the MEG. "

20. The following paragraph 10 is added to Section 6 (9):

"(10) Authorized calibration points shall be allowed to carry out internal calibrations of own measuring equipment if the procedures have been verified within the framework of the authorization."

21. In § 7 (1) (1) (1) the word "and" by a stroke point, in Z 2 the point at the end of the Z 2 becomes the word "and" replaced and the following Z 3 added:

" 3.		Stamp materials, which contain an annual number of the previous year, shall be destroyed at the latest by the end of the month of January of the current year. "

Section 8 (4) reads as follows:

" (4) Customer information indicating the expected end of the period of grace may, after completion of the calibration, be applied only to those measuring instruments which have been subjected to a calibration by the calibration centre itself and which are: with the number of the calibration office. "

(23) The following paragraphs 5 and 6 are added to § 8 (4):

" (5) The Eichstelle is responsible for the fact that the stamps to be applied during calibration are clearly visible. If necessary, the stamp material must be renewed.

(6) Stamp materials made of lead may be replaced by other suitable materials. "

§ 9 reads:

" § 9. (1) The verification certificate shall consist of the cover sheet shown in Annex I and shall contain the following additional information:

1.		a brief description of the test procedure;
2.		the presentation of the results of the calibration in the form of a declaration that the calibrated measuring instrument meets predetermined metrological requirements with an indication of these requirements, as well as the indication of the measurement uncertainties and of the relevant environmental conditions;
3.		the calibration number, the calibration number on the basis of the certificate, the date of the exhibition, and the total number of oak trees on each side.

(2) In any case, a calibration certificate shall be issued if the contracting authority so requests.

(3) A calibration certificate shall contain only the following information:

1.		the identification of the oak site;
2.		the term "verification certificate";
3.		the serial number in the form of "verification point no.";
4.		the explicit indication that the calibration of the measuring instrument described below is carried out by the calibration centre with the indication of the calibration number on the basis of the measure and calibration law (MEG), BGBl. No 152/1950, as amended;
5.		an indication of the object, the type of construction, the identification, the manufacturer, the contracting authority, the date of the calibration and the calibration number;
6.		the stamp of the oak office, the signature of the head of the oak office and the date of the confirmation of the verification;
7.		the explicit reference to the fact that this calibration certificate is not sufficient proof of the repatriation of the calibrated measuring instrument to national or international standards. "

Section 10 (1) reads as follows:

"(1) The application for authorisation as an Eichstelle shall be submitted in writing to the Federal Office for Eich-und Vermessungswesen (Federal Office for Eich-und Vermessungswesen)."

26. In Section 10 (2) (1) (1), after the word "Applicant" the phrase " or the Eichstelle " .

27. § 10 para. 2 Z 7 reads:

" 7.		the quality management manual for the verification point requested; "

Section 10 (2) Z 9 reads as follows:

" 9.		in the case of legal persons and registered partnerships, the statement of the company accounts; "

29. § 10 para. 2 Z 11 reads:

" 11.		Calibration certificates or calibration certificates, which demonstrate compliance with the requirements laid down in § 3 (7) and (8); "

30. In § 10 para. 2 Z 12 the word "Carrier" by the word "Applicant" replaced.

31. In Section 10 (3) (1) (1), after the word "Address" the phrase "of the applicant and" inserted.

32. In Section 10, Section 3, Z 6, the phrase "as well as the international recognition of the oak-accredited centres" through the phrase "as well as the possible international recognition of the oak offices authorised by the competent authorities" replaced.

Section 10 (5) reads as follows:

" (5) Each oak office shall be subject to a review by the Federal Office of Eich-und Vermessungswesen at least every five years from the date of authorisation, whether the Eichstelle continues to fulfil the conditions which apply to it and does not have any defects within the meaning of paragraph 6. 6 months before the expiry of the authorization, the oak offices shall forward all documents in accordance with § 10 paragraph 2 for the preparation of the review. "

34. The rate of entry in Section 10 (6) reads as follows:

" The authorization shall be withdrawn by communication or restricted by the scope of the activity if at least one of the following defects is present and this deficiency is not within a reasonable period of time, which is provided by the Federal Office of Eich-und Vermessungswesen is to be fixed by decision-making. A defect within the meaning of this provision shall be provided if: "

35. In § 10 (6) (1) (1) the word shall be "Accreditation requirement" through the phrase "Prerequisite for empowerment" replaced.

36. In § 10 paragraph 6 Z 2, after the phrase "to be carried out" Insert a dash and the phrase "necessary documents are missing" inserted.

37. In § 10 para. 6 Z 3 shall be after the word "Orders" the phrase "pursuant to § 6 (4) and (5), § 11 (2), (4) and (7)" inserted and the phrase "§ § 13 and 14 (1)" through the string "§ 13" replaced.

38. § 10 (7) reads:

" (7) The empowerment shall be issued,

1.		if it has been withdrawn by communication,
2.		with the death of the physical person receiving the authorisation, or the loss of his or her own right,
3.		with the downfall of the legal entity,
4.		with the withdrawal of the authorisation by the Eichstelle,
5.		after the expiry of the period of six months, if the authorisation is exercised by another legal entity which complies with the provisions of Section 11 of the Treaty, but not in accordance with the provisions of this Regulation, or
6.		if not later than four months after the date referred to in paragraph 5, first sentence, a verification of the oak office confirming compliance with the requirements laid down in this Regulation has taken place; the erasable of the authorisation is to be determined with a communication. "

39. The following paragraphs 8 to 10 are added to Article 10 (7):

' (8) By means of the verifiable conclusion of an insurance company, oak posts shall ensure that claims for damages can be satisfied within the scope of the tasks to be performed. The minimum level of the flat-rate coverage of insurance contracts for persons, property and property damages is EUR 872 074.01.

(9) The Federal Office of Eich-und Vermessungswesen (Federal Office for Eich-und Vermessungswesen) has a publicly available list of oak stations.

(10) If necessary, the Federal Office of Eich-und Vermessungswesen may issue a confirmation of the empowerment that has been made. This shall contain the data of the calibration centre, the type of measuring instrument, the legal basis and the reference to the list of authorised oak offices in accordance with paragraph 9. "

40. § 11 para. 2 reads:

" (2) For each tested measuring instrument which does not comply with the applicable requirements, and thus has deficiencies in accordance with § 10 (6) Z 2, the calibration body shall immediately submit its activities to an internal review, on the basis of the established The Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) shall report on the reasons for the necessary improvements and report immediately on the identified causes and the measures taken. The Federal Office of Eich-und Vermessungswesen (Bundesamt für Eich-und Vermessungswesen) then determines whether the defect in question was the responsibility of the Eichstelle. If this is the case, then the number of measuring instruments to be checked must be increased by three in the current year. Will this statement be made in the 4. For the first quarter of a year, the corresponding monitoring may be carried out by the end of the first quarter of the following year. "

41. In Section 11 (4), after the word "Facilities" put a dash and the word "Tools" inserted.

42. § 11 (5) and (6) are:

" (5) Monitoring measures in the context of calibration or of measuring instruments already calibrated shall be carried out unannounced.

(6) The Federal Office of Eich-und Vermessungswesen has to check each calibration site at random times within a period of five years with respect to the quality management system. "

43. The following paragraphs 7 and 8 are added to § 11:

" (7) The Bundesamt für Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) may at any time, in case of important reasons (in particular criminal charges, written complaints, reasonable suspicion of the presence of educational reasons, results from revisions), the calibration office at any time. check. The verification point shall ensure that the required verifications can be carried out in the calibration centre or at the point of installation of the measuring instrument. In the context of this review, aptitude tests may be carried out, the competence of the staff of the calibration body, the effectiveness of the quality management system, and reports on the activities carried out within a given period of time request.

(8) If deficiencies within the meaning of section 10 (6) are found during a review in accordance with paragraph 7, the measures laid down therein shall be set and the costs of the verification shall be borne by the calibration body. In the other case, the calibration body shall be notified in writing of the outcome of the review. "

44. In § 12 (1) (1) (1) the word "Accreditation scope" by the word "Authorizing scope" to replace it.

§ 13 reads:

" § 13. (1) Where the calibration test is carried out in a constantly used calibration test room, the calibration centre at the end of each second month shall have the sum of the measuring instruments calibrated in the current year, using the measuring instruments issued by the Federal Office for Eich-and Surveying system to report the calibration data base. The daily use of the test room is to be understood under constant use on working days, with the exception of times due to vacations, training courses, sick stalls, calibration of the normal, repair and maintenance.

(2) In the case of oak-technical tests of the measuring instruments mentioned below, the verification body shall inform the Federal Office of Eich-und Vermessungswesen of the intended calibration within three working days at the latest:

1.		Scales with a maximum load of more than 3 000 kg and all scales built up or integrated on motor vehicles or trailers;
2.		self-employed weighing instruments;
3.		state quantity conversion;
4.		quantity measuring equipment, measuring equipment and measuring equipment on tankers, as well as measuring systems for operating or additives which, due to their chemical properties, must not be refilled into the storage tank;
5.		Taximeter.

In the case of oak tests other than those referred to in paragraphs 1 and 2, and in individual cases in the event of a derogation from the intended oaks notified in accordance with paragraph 2, the calibration body shall carry out the implementation at the latest on the working day following the calibration of the calibration of the Federal Office of Eich-und Vermessungswesen.

(4) The communication pursuant to para. 2 and 3 shall be made using the calibration database provided by the Federal Office of Eich-und Vermessungswesen and in any case has to contain:

1.		the date of the verification of the calibration;
2.		the exact test (user, address);
3.		the entitled;
4.		the type of measuring instrument;
5.		the number of units;
6.		the production number or the production numbers;
7.		for taxable parameters
a)			in advance in accordance with § 13 (2) Z 5, by way of derogation from Z 2, only the examiner in which Z 6 can be omitted;
b)			at the latest on the working day following the calibration, the user and his address, the data according to Z 6, the calibration test sum and the registration number of the motor vehicle or the chassis number;
8.		in the case of operating material measuring systems, the maximum flow-through starch;
9.		in the case of non-automatic weighing instruments, the accuracy class and the maximum load.

(5) The Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) shall be notified without delay of any changes that may influence the authorisation of the oak office.

(6) In the communication pursuant to § 10 (3), by which the authorization is granted, the applicable reporting requirements of the para. 1 to 4 can be used when using a non-permanently used calibration test room as well as a calibration test room which is not in Austria, where it is necessary for technical reasons and for the efficient monitoring of the situation in accordance with § 12.

(7) At the latest in February of the following year, the Eichstelle shall submit a report to the Federal Office for Eich-und Vermessungswesen (Bundesamt für Eich-und Vermessungswesen) on the activities carried out within one year of the authorisation. The report shall include at least the following:

1.		changes in the organisation of the calibration centre (structure, legal position, ownership);
2.		Changes in staffing levels (head, deputy, authorised signatory, quality officer);
3.		amendments to calibration procedures and internal calibration procedures;
4.		the indication of the number of measuring instruments checked, and the number of calibrated measuring instruments according to the type of measuring instrument;
5.		changes in premises;
6.		changes in measuring equipment;
7.		as a supplement, either the changes in the quality management manual of the Eichstelle on the basis of the Z 1 to 6 or the list of amended documents with a description of the changes on the basis of the Z 1 to 6.

(8) The calibration centres shall be obliged to:

1.		measuring instruments submitted for calibration to the Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) if the Federal Office of Eich-und Vermessungswesen has informed them in writing or by e-mail that these measuring instruments are made up of technical or formal grounds;
2.		Measuring instruments rejected in accordance with § 6 (3) within ten working days, stating the user (address), the type of measuring device and the production number, to be reported to the Federal Office of Eich-und Vermessungswesen pursuant to Section 13 (1) of this Regulation; of which except for measuring instruments in accordance with § 8 (1) Z 3 lit. a and c, Z 4 MEG and water meter.

46. § 14 reads:

" § 14. The Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) has the Federal Minister for Economic Affairs, Family and Youth at the latest on the appropriations carried out within one year, restrictions and deletions, as well as monitoring and results of the results. to submit an annual report to the following year. "

47. In § 15 (2), the word "Accreditation modest" by the word "Modest" replaced.

48. § 16 including the headline is:

" Notification

§ 16. This Regulation has been adopted in compliance with the provisions of 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, 21.07.1998 p. 37 as amended by Directive 2006 /96/EC, OJ L 327, 22.12.2006, p. No. 81., notified under the notification number 2011 /273/A. '

49. § 17 including the title is:

" Transitional provisions

§ 17. For posts in which, at the time of entry into force of § 35 MEG, BGBl. I n ° 115/2010, a procedure pursuant to Section 13 (1) of the Accreditation Act was pending, the deadline for setting up measures pursuant to § 10 (7) Z 6 shall be extended to 3 months after the entry into force of this Regulation. "

50. § 18 including the title § 18 deleted.

51. In Annex I, the word sequence shall be: "ACCREDITED by the BUNDESMINISTERIUM für WIRTSCHAFT und ARBEIT" through the phrase "AUTHORIZED by the BUNDESAMT für EICH-und VERMESSUNGSWESEN" replaced.

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