Change Of The Electrical Engineering Act 1992 (Etg 1992)

Original Language Title: Änderung des Elektrotechnikgesetzes 1992 (ETG 1992)

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129. Federal law that modifies the electrical Law 1992 (ETG 1992)

The National Council has decided:

The Federal law on security measures, normalization, and typing in the field of electrical engineering (electrical engineering Law 1992 - ETG 1992), Federal Law Gazette No. 106/1993, amended by Federal Law Gazette I no. 129/2013, is amended as follows:

1. According to article 1, paragraph 1 first sentence shall be inserted the following sentence:

"Devices (devices) or a combination of such devices (apparatus), intended for the end user and can generate electromagnetic disturbance or whose operating can be affected by electromagnetic interference, provided as functional units on the market are electrical equipment."

2. § 1 para 2 second sentence deleted.

3. pursuant to section 1 para 2 inserted following paragraph 2a and 2b:

"(2a) mobile units are a combination of equipment and, where appropriate, other facilities that are movable and intended for use in different places. Movable fixed assets (operational combinations of electrical devices on vehicles, portable buildings and flying buildings) are subject to the same provisions as fixed installations with regard to safety.

(2B) for the purposes of this federal law and the regulations issued on its basis are in addition the following definitions:



1. "Making available on the market": any payment or free of charge of electrical apparatus for distribution, consumption or use on the Union market in the course of a business;

2. "placing on the market': the first-time provision of electrical apparatus on the Union market;

3. 'Manufacturer': any natural or legal person who manufactures an electrical equipment or develop or manufactured and marketed this electrical equipment under their own name or their own trade mark.

4. "authorised representative": each resident within the European Union, natural or legal person, in writing, appointed by a manufacturer to perceive certain tasks on his behalf;

5. "importer": each resident within the European Union, natural or legal person, bringing an electrical equipment from a third country on the Union market;

6 "Dealer": any natural or legal person in the supply chain that provides an electrical equipment on the market, with the exception of the manufacturer or the importer;

7 "Economic operators": the manufacturer, the agents, the importer and the Distributor;

8 'technical specification': a document in which the technical requirements are prescribed, an electrical resources must, meet

9. 'harmonised standard': a harmonized standard in accordance with the definition in article 2 paragraph 1, lit. c of the Regulation (EU) No. 1025 / 2012 to the European standardisation, amending Directives 89/686/EEC and 93/15/EEC of the Council and of the directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Decision 87/95/EEC of the Council and decision No 1673/2006/EC of the European Parliament and of the Council OJ No. L 316 of the 14.11.2012 S. 12, as last amended by the directive of 2014/68/EC, OJ No. L 189 of the 27.06.2014 p. 164;

10 "Conformity assessment": the procedure for assessing, whether at an electrical equipment the safety objectives; achieved by this federal law and the previous adopted regulations

11 "Callback": any measure which one targets the end user of already provided electrical equipment on the achieving of the return;

12 'Withdrawal': any measure, that is, to prevent a supply chain as an electrical equipment on the market; provide

13 "harmonisation of the Union": legislation of the European Union on the harmonisation of the conditions for the marketing of products;

"14"CE marking": marking by which the manufacturer declares that the electrical equipment meets the requirements laid down in the harmonisation of legislation in the European Union about its affixing."

4. § 3 par. 7 last sentence reads:

"Specific provisions regarding construction, placing on the market or operation of radio systems in accordance with the Federal Act on radio equipment and telecommunications terminal equipment (FTEG), Federal Law Gazette I no. 134/2001, remain unaffected."

5. paragraph 3 paragraph 8:

"(8) electrical equipment, which do not comply with paragraph 1 or the regulations adopted pursuant to this federal law, may not be placed on the market."

6. in section 3, paragraph 9, the point replaced by a comma and appended the following phrase:

"especially when they are used for trade fairs and exhibitions."

7 paragraph 10 is eliminated § 3.

8. in section 3, paragraph 11, the first and second sentence read:

"In paragraphs 1, 2 and 8 fixed obligations has depending on the kind of the one to fulfill, which set up the electrical installation or electrical equipment, manufactures, introduces, maintaining, operates or brings in traffic. Without prejudice to the obligations of economic operators pursuant to § 9a ff of the Federal Minister for science, research and industry through regulation or the authorities (§ 13) may impose on the fulfilment of these obligations also the owner of the electrical installation or the electrical equipment by ruling."

9 § 7 para 4 No. 1 is:



"1. certificates of accredited conformity assessment bodies on the fulfilment of the requirements laid down in article 3, paragraph 1 and 2 (accreditation Act 2012 - AkkG 2012, Federal Law Gazette I no. 28/2012)." The Federal Minister for science, research and economy can recognize issued certificates by regulation or decision in third countries, if they are equivalent to the one issued in Austria and reciprocity."

10. in article 7, paragraph 4, Nos. 2 and 3 is replaced by the phrase "Importer or authorised representative" in the respective grammatical form the word "Importer" in the respective grammatical form.

11. According to article 7, following sections 7a are inserted until 7e including headings:

"Notification of conformity assessment bodies

Notification

Section 7a. Authority to the notification of conformity assessment bodies for the 2014/30/CE directive on the harmonisation of the laws of the Member States relating to electromagnetic compatibility OJ No. L 96 of the 29.03.2014 S. 79, is the Federal Minister for science, research and economy.

Notification procedure

§ 7 b. (1) the Federal Ministry for science, to bring research and industry is a request for notification of a conformity assessment body in accordance with Section 7a.

(2) the requesting conformity assessment body has for the requested Notifizierungsumfang an accreditation certificate of accreditation body within the meaning of 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 August 13, 2008 p. 30, to be attached.

(3) the requesting conformity assessment body has no valid accreditation decision, the notifying authority shall the motion to dismiss. This also applies to the case that the requested Notifizierungsumfang not by the proposed accreditation is covered.

(4) the criteria for notification of requesting conformity assessment body exist, has this conformity assessment body with the help of the European Commission's electronic NANDO system to notify the notifying authority. The performance of duties of a notified body by the notified body point may be perceived until two weeks after the publication in the European Commission's NANDO system, provided that neither the European Commission nor the other EU Member States have raised objections within this period.

(5) the notifying authority decision decides refusal, revocation, suspension, the constraint of the requested notification, and whose extension.

(6) the Federal Minister for science, research and economy has to report any subsequent relevant changes to the notification of the European Commission and the other Member States.

(7) the Federal Minister for science, research and economy can, set, more detailed provisions on the notification procedure taking into account Union legal requirements by regulation, such as content and form of the forms to be used, if this allows a time - and cost-saving assessment of applications or notified bodies is used to facilitate the verification of compliance with the obligations.

Obligations of notified bodies in relation to their work

§ 7c. (1) the notified bodies must carry out the conformity assessment in accordance with the conformity assessment procedure in accordance with this Act and the regulations adopted pursuant to this federal law, for which it has been notified.


(2) conformity assessment are perform respecting of proportionality, avoiding unnecessary burdens for economic operators. The conformity assessment bodies have their activities taking due account of the size of a company, rendering the industry in which it operates, its structure, as well as the level of complexity of the affected device technology and the Massenfertigungs - or serial nature of the production process. Here, they have however so strictly to proceed and to comply with such a level of protection, as it is required for the conformity of the equipment with the regulations adopted pursuant to this Federal Act.

(3) a notified body finds that a manufacturer has not fulfilled the essential requirements laid down in the regulations adopted pursuant to this federal law, for which it has been notified, or in the corresponding harmonized standards or other technical specifications, it has to ask the manufacturer to take appropriate corrective actions, and may issue any certificate.

(4) a notified body has already issued a certificate and it finds in the context of the monitoring of conformity that the unit no longer complies with the essential requirements, it must request the manufacturer to take appropriate corrective measures, and has the certificate if necessary to suspend or withdraw them.

(5) any corrective action taken or show them not having the required effect, has the notified body shall, where appropriate, to restrict all certificates, to suspend them or to withdraw them.

(6) the notified body assigns specific tasks connected with conformity assessment to subcontractors or transfers them to a branch company, so she has to ensure that the subcontractor or the subsidiary meets the requirements of a notified body, and shall inform the notifying Authority accordingly.

(7) the notified bodies independently suffer the full responsibility for the work carried out by subcontractors or subsidiaries, wherever these are established.

(8) work may be only given to a subcontractor or transfer a branch company, if the customer agrees.

(9) the notified bodies have to provide the relevant documentation concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by him in accordance with annex III of the directive 2014/30/EC for the notifying authority.

Reporting obligations of notified bodies

§ 7 d. (1) the notified bodies have the notifying authority



1. any refusal, restriction, suspension or withdrawal of a certificate, all the circumstances, the consequences for the scope or the conditions of notification have 2., 3. each request for information about conformity assessment that they have received by market surveillance authorities, 4 on request, conformity assessment activities they've gone after which in the scope of their notification and what other activities, including cross-border activities and subcontracting, have executed , to report.

(2) the notified bodies have other places that due to this Federal Act and the regulations, have been notified, out similar conformity assessment activities and covering the same equipment to provide relevant information about the negative and, on request, positive conformity assessment results.

Appeals against a decision of notified bodies

Article 7e. (1) appeals against decisions of notified bodies can be inserted at the Federal Ministry for science, research and economy.

(2) the Federal Minister for science, research and business has to consider a complaint brought pursuant to subsection 1 and may proceed b paragraph 5 of this Federal Act pursuant to section 7.

(3) the Federal Minister for science, research and economy can, set, further provisions relating to the appeal proceedings pursuant to paragraph 1 taking into account Union legal requirements by regulation."

12. in section 8, paragraph 2, the word "Household appliances" is replaced by the word "Resources".

13. in article 8, par. 5 is the phrase "in accordance with the articles 9 and 10" by the phrase "in accordance with the articles 9 g up to 9m" replaces and eliminates the phrase "in accordance with § 9 paragraph 8 and 9".

14 paragraph 9 together with the heading:

"The monitoring of electrical equipment

§ 9 (1) electrical installations are subject to compliance with the provisions of this Federal Act and the regulations issued on its basis in accordance with the following paragraphs of the supervision of the competent authority (article 13). Provisions contained in other legislation on the monitoring of facilities and equipment are not affected thereby.

(2) a person who operates an electric plant, has at any time — to the electrical system to enable access - at risk in the absence of the persons entrusted with the monitoring and safety testing, to provide any necessary assistance and to provide them with the necessary information, as well as to tolerate safety-technical tests and a temporary start-up necessary to carry them out or shut-down of the electrical system. In monitoring and safety testing of electrical installations, each not necessarily necessary disorder or disability of the business or operating procedure is to avoid.

(3) is determined that the condition or operation of an electrical installation does not meet this federal law or the regulations issued on its basis, has the authority to apply the electric operator with notice, to establish the legitimate State within a reasonable period of time to be determined at the same time. As operator of the system is its owner, his Deputy or officer, subsidiary of facility owners, as well as each other, obviously with the actual operation supervision entrusted person.

(4) is determined that the condition or operation of an electrical installation does not comply with this Act or the regulations issued on its basis and an imminent threat to the life or health of persons or things as a result threatens the authority shall, if the legitimate State is not immediately made to have those measures, which are suitable to avert the danger. Danger not averted, the authority has to have the shut-down of the electrical system to the extent required to stave off the impending danger, being on the operation or supply purpose of the electrical system caution to take.

(5) on the basis of paragraph 3 and 4 notices to be issued have to indicate the observed Vorschriftswidrigkeit of the electrical system. Taken orders are to cancel on request, if the authority is proved, that the legitimate State has been established."

15 pursuant to § 9, following §§ 9a shall be inserted up to 9 m including headings:

"Obligations of economic operators

Obligations of the manufacturers

section 9a. (1) the manufacturer, ensure if you bring electrical equipment on the market, these were designed and manufactured in accordance with the requirements applicable to their electrical equipment in accordance with this Act and the regulations to do so, which serve the transposition of European directives.

(2) the manufacturer must provide the technical documents in accordance with this Act and the regulations to do so, which serve the transposition of European directives, and perform the relevant conformity assessment procedures in accordance with this Act and the regulations to do so, which serve the transposition of European directives, or perform. Has been proven with the conformity assessment procedure and that an electrical resources complies with the subject Federal Act and the regulations to do so, which serve the transposition of European directives, manufacturers have to make an EU Declaration of conformity and affix the CE marking.

(3) the manufacturer must retain for 10 years the technical documentation and the EC declaration of conformity for the placing on the market of the electrical equipment.

(4) the manufacturer must



1. through appropriate procedures ensure that compliance with this federal law and the Federal law adopted regulations in repetitive manufacturing is always ensured. Changes to the design of electrical apparatus or its characteristics as well as changes in the harmonized standards or other technical specifications referred to in the Declaration of conformity of electrical apparatus must be appropriately considered;

2. If this given the risks posed by an electrical equipment as appropriate is considered to protect of the health and safety of consumers sampling on the market provided electrical equipment make, they investigate and, if necessary, a list of complaints about non-conforming electrical resources and callbacks from electrical equipment lead and keep distributors informed of such monitoring.


(5) the manufacturer must ensure that electrical equipment which they have placed on the market, a type, batch or serial number or a different flag wear their identification, or, where this is not possible due to the size or type of electrical equipment that the required information on the packaging or in the document accompanying the electrical equipment are specified.

(6) the manufacturer must their name, registered trade name or registered trade mark and their contact address, under which they are reached, specify either on the electrical equipment itself or, if this is not possible, the electrical equipment attached documentation on the packaging or in the. The address refers to a central point, at which the manufacturer can be achieved. The contact information is to specify in the German language.

(7) the manufacturer must ensure that the electrical equipment the operating instructions and the enclosed with information in German language in accordance with this Act and the regulations to do so, which serve the transposition of European directives. These operating instructions and information, as well as all selections must be clear, understandable and clear.

(8) manufacturers who consider or have reason to believe that by them in transport electrical resources is not this Federal Act and the regulations to do so, which serve the transposition of European directives, must take immediate corrective measures that are required to establish the conformity of this electrical apparatus or to withdraw it if necessary, or to call back. Also, the manufacturer if there are risks associated with the electrical equipment, must immediately inform the national authorities of the Member States in which they have provided the electrical equipment on the market, about and making detailed information, in particular about the non-compliance and the corrective measures taken.

(9) the manufacturer have the market surveillance authority whose following a reasoned request all information and documents which are required to demonstrate of the conformity of the electrical equipment with this federal law, to be in paper form or by electronic means in German language. They must cooperate with the market surveillance authorities at their request with all measures to prevent risks associated with electrical equipment, which they have placed on the market.

Agents

§ 9 b. (1) a manufacturer may appoint a representative in writing. The obligation pursuant to § 9a, para. 1 and the obligation to the creation of the technical documentation referred to in Article 9a, paragraph 2 must be not part of the job of an agent.

(2) a representative has in the order received from the manufacturer to perform specified tasks. The contract must allow the agent to carry out at least the following tasks:



1. keep the EC declaration of conformity and the technical documentation for the market surveillance authorities for a period of ten years after placing on the market of the electrical equipment;

2. on a reasoned request from the market surveillance authority handing of all information and documentation necessary to demonstrate of the conformity of electrical apparatus to this authority;

3. on request from the market surveillance authority cooperation in all measures taken to avert the risks associated with electrical equipment, that the remit of the agent belong.

Obligations of importers

§ 9c. (1) the importer may bring only compliant electrical equipment on the market.

(2) before they bring an electrical equipment on the market, importers shall ensure that the appropriate conformity assessment procedure in accordance with this Act and the regulations to do so, which serve the transposition of European directives, was performed by the manufacturer. You must ensure that the manufacturer has created the technical documentation, that the applied to electrical equipment with the CE marking in accordance with this Act and the regulations to do so, which serve the transposition of European directives, is that the required documents are attached to him and that the manufacturer has satisfied the requirements of § 9a, para 5 and 6. Is an importer of considers or has reason to believe that an electrical resources does not match the essential requirements in accordance with this Act and the regulations to do so, that he may bring this electrical equipment not on the market before the conformity of the electrical equipment is manufactured. If the electrical equipment involves a risk, the importer must inform the manufacturer and the market surveillance authority thereof.

(3) the importers have their name, registered trade name or registered trade mark and their contact address, under which they can be reached either on the electrical equipment itself or, if this is not possible, on its packaging or in the specify the electrical equipment attached documentation. The contact information is to specify in the German language.

(4) the importer must ensure that the electrical equipment the operating instructions and the enclosed with information in German language in accordance with this Act and the regulations to do so, which serve the transposition of European directives.

(5) while an electrical equipment is under their responsibility, the importer must ensure that the conditions of its storage or its transportation do not affect the compliance of electrical equipment with the essential requirements in accordance with this Act and the regulations to do so, which serve the transposition of European directives.

(6) the importers have, if it is considered in view of the risks of an electrical equipment as appropriate to make provided electrical equipment for the protection of the health and safety of consumers sampling on the market, to investigate this and, if necessary, to keep a register of complaints regarding non-conforming electrical equipment and the callbacks of electrical equipment and up to date to keep distributors informed of such monitoring activities.

(7) importers who consider or have reason to believe that by them in transport electrical resources is not this Federal Act and the regulations to do so, which serve the transposition of European directives, must immediately take the necessary corrective measures to establish the conformity of this electrical apparatus or to withdraw it if necessary, or to call back. Also, importers, if there are risks associated with the electrical equipment, must immediately inform the national authorities of the Member States in which they have provided the electrical equipment on the market, about and making detailed information, in particular about the non-compliance and the corrective measures taken.

(8) the importer must provide a copy of the EC declaration of conformity for the market surveillance authority after the placing on the market of the electrical equipment for ten years and make sure that they can submit these to the technical documentation on request.

(9) the importer must provide all information and documents which are required to demonstrate of the conformity of the electrical equipment, the market surveillance authority whose following a reasoned request on paper or by electronic means in German language. They must cooperate with the market surveillance authorities at their request with all measures to prevent risks associated with electrical equipment, which they have placed on the market.

Obligations of distributors

§ 9 d. (1) the dealer must take into account the requirements of this Act and the regulations to do so with due care, if they do not provide an electrical equipment on the market.

(2) before providing an electrical equipment on the market, the dealer must verify whether the electrical equipment with the CE-marking is provided, if the required documents are attached for it, whether the operating instructions and safety information in German are attached to him, and whether the manufacturer and the importer have meets the needs of section 9a, para. 5 and 6, or section 9 c (3). A distributor considers or has reason to believe that an electrical equipment does not match the essential requirements in accordance with this Act and the regulations to do so, which serve the transposition of European directives, it must provide this electrical equipment not on the market before its conformity has been established. If a risk is connected with the electrical equipment, the dealer must also inform the manufacturer or the importer, as well as the market surveillance.


(3) while an electrical equipment is under their responsibility, the dealer must ensure that the conditions of its storage or its transportation do not affect the compliance of electrical equipment with the essential requirements in accordance with this Act and the regulations to do so, which serve the transposition of European directives.

(4) distributors who consider or have reason to believe, that provided by them on the market electrical resources is equivalent to not subject Federal Act and the regulations to do so, which serve the transposition of European directives, must ensure that the necessary corrective measures are taken to establish the conformity of this electrical apparatus or to withdraw it if necessary, or to call back. Also, the dealer if there are risks associated with the electrical equipment, must immediately inform the national authorities of the Member States in which they have provided the electrical equipment, in and making detailed information, in particular about the non-compliance and the corrective measures taken.

(5) the dealer must provide all information and documents which are necessary to demonstrate the conformity of electrical apparatus, the market surveillance authority whose following a reasoned request in paper form or electronically. They must cooperate with the market surveillance authorities on request in all measures taken to prevent risks associated with electrical equipment, which have made available on the market.

Circumstances under which the obligations of the manufacturer also apply to importers and distributors

section 9e. An importer or distributor shall apply as manufacturer for the purposes of this federal law and is subject to the obligations of a manufacturer according to § 9a, if he brings an electrical apparatus under his own name or his own trade mark in trade or already on the market electrical equipment changed so that compliance with this federal law may be affected.

Identification of economic operators

§ 9f. (1) the economic operators must the market surveillance authorities on request who call economic operators,



1 of which you an electric resources; purchased

2 it an electrical resources have traded to the.

(2) the economic operators can provide this information, ten years after the purchase of electrical equipment, as well as ten years after the delivery of the electrical apparatus.

Market surveillance

Coordination of market surveillance

§ 9 g. (1) for the coordination of market surveillance and the creation of a Marktüberwachungsprogrammes within the meaning of article 16 of Regulation (EC) 765/2008 and to submit opinions to the European Commission, the Federal Minister for science, research and industry is responsible.

(2) the market surveillance authority has to collect the data necessary for the creation of market surveillance programmes and reports, and aggregated annually to submit the Federal Minister for science, research and economy prompt.

Monitoring of the market of the Union, control of the electrical equipment introduced in the Union market

§ 9 h. 15 paragraph 3 and articles 16 to 29 of Regulation (EC) apply to electrical equipment article no. 765/2008.

Method for the treatment of electrical equipment, where a risk is connected, at the national level

Article 9i. (1) has basic ceiling to the competent authority referred to in article 13 (market surveillance) to believe that a covered by this federal law or one of the previous adopted regulations electrical constitutes a risk for aspects of the protection of public interests, which fall under this federal law resources, so she must assess whether the relevant electrical apparatus meets all in this Federal Act and the regulations on relevant requirements set. The concerned economic operators have to cooperate with the market surveillance authorities for this purpose to the extent necessary. Enters the market surveillance authority in the course of the assessment concluded that the electrical equipment does not meet the requirements, so she must be



1. without delay the relevant economic operator invite within a period prescribed by the market surveillance authority, appropriate to the nature of the risk to take all appropriate corrective action to establish the conformity of the electrical apparatus with these requirements, to remove it from the market or recall;

2. the relevant notified body to teach.

Article 21 of Regulation (EC) no 765/2008 shall apply to such measures.

(2) the market surveillance authorities of consider that the non-compliance not limited to the territory of the Republic of Austria, is she must inform the Commission and the other EU Member States about the results of the assessment and the measures, on which it has required the economic operator.

(3) the economic operator shall ensure that all appropriate corrective action he takes, extend all affected electrical equipment, that he has provided in the European Union on the market.

(4) take the relevant economic operator, within the in par. 1 Z 1 period so has no reasonable corrective actions, the market surveillance authority



1. all appropriate provisional measures to take in order to prohibit the deployment of electrical equipment on the national market or to restrict, to take the electrical equipment from the market or to call back, and 2. to inform the European Commission and the other EU Member States without delay of these measures.

(5) from the in par. 4 Z 2 information must all available information emerge, in particular, the data for the identification of the non-conforming electrical equipment, the origin of the electrical equipment, the nature of the non-compliance alleged and the risk as well as the kind and duration of national measures taken and the arguments of the relevant economic operator. In particular, the market surveillance authority must specify whether the non-compliance on the following is due to:



1. the electrical equipment meets the specified requirements with regard to the aspects of the protection of public interests, not; in this Federal Act and the regulations adopted pursuant to this federal law, which meant to transpose European directives, 2. that a presumption of conformity in terms of this Act and the regulations adopted pursuant to this federal law, which meant to transpose European directives, apply harmonised standards, compliance, are defective, or.

(6) was initiated the procedure by another Member State, the market surveillance authority of the European Commission and the other Member States without delay of any measures adopted and any more of their present information about the non-conformity of the electrical apparatus has and, if it does not agree the national measure adopted in proceedings in another Member State, to inform about their objections.

(7) neither a Member State nor the European Commission within three months after receiving the par. 4 Z a 2 information raises objection to a preliminary measure, so where this measure is considered justified.

(8) the national measure is considered justified, the market surveillance authority has the necessary measures to take in order to ensure that the non-conforming electrical equipment is removed from the Austrian market, and shall inform the European Commission. The national measure is not considered justified, the market surveillance authority must take back the national measure.

(9) the market surveillance authority shall ensure that immediately appropriate restrictive measures such as the withdrawal of the electrical apparatus from the market, in terms of the relevant electrical apparatus are taken.

Market surveillance

Article 9j. (1) the market surveillance authority controlled on the basis of adequate samples in appropriate manner and in reasonable amounts, whether electrical equipment comply with the requirements laid down in article 3 and the corresponding regulations. To check documents or carries out, where appropriate, physical examinations and laboratory tests. Its non-compliance with the requirements laid down in article 3 and the corresponding regulations turns out check of electrical apparatus by the market surveillance authority, can the manufacturer or the person who introduces the electrical equipment for the purposes of providing to the market or stocks, are required by the market surveillance authority to pay costs associated with the review by way of an.

(2) the Federal Minister for science, research and economy can further by Regulation provisions on the manner, scope and the adequacy of sampling referred to in paragraph 1 are set, taking into account Union legal requirements.


(3) If electrical equipment requirements not laid down in article 3 and the corresponding regulations, the market surveillance authority may the economic operator with notice, inter alia:



1 order measures, which ensure that such electrical equipment only is placed on the market, if it complies with the requirements set in article 3 and the corresponding regulations;

2. in the event that measures are possible to Z 1 do not or the electrical equipment represents a serious risk: a) forbid that such electrical equipment in domestic traffic; brought

(b) the withdrawal or the recall of such electrical apparatus marketed order;

(c) the destruction or making the electrical equipment to the useless order.

(4) if necessary and appropriate, the market surveillance authority can set measures to any other person, to obtain their participation in corrective measures.

(5) the market surveillance authority can warn the public even if other equally effective remedies, in particular the warnings by the economic operator, are not or not timely. The economic operator shall bear the costs of these measures.

(6) if it is to avert an immediate threat to the life or health of persons, the market surveillance authority has the measures provided for in paragraph 3, after previous understanding of the economic operator the possession over having the electrical equipment, to meet without previous procedures, prior to issuing a decision on the spot. This is a written, reasoned decision within two weeks issued, otherwise the set regulatory measure lifted considered.

Re-entry rights and powers

§ 9 k. (1) the market surveillance authority or any person authorized by you to do this, are entitled, for the purpose of carrying out their work, if necessary, to enter the business premises and operating land of economic actors, on which in the course of a business activity or in electrical equipment



1 be made, 2 for the first time be used, 3. for the purpose of making available on the market stored, or 4 issued.

(2) the market surveillance authority shall be authorized to visit this electrical equipment, to check or check to let, as well as to take especially for this purpose in operating. In the activities of market surveillance is to avoid any not essential disorder or disability of the business or operating procedure.

(3) the market surveillance authorities and the persons authorised by you, are entitled to take samples, demand patterns, and to request the documentation required for the fulfilment of their tasks and details, including quantities, origin and buyers. Samples, samples, documents and information are free of charge available to the market surveillance authorities of the economic operator.

(4) the market surveillance authority is authorized to request the information necessary for the fulfilment of their tasks and documentation of notified bodies. Through this activity, the market surveillance authority must inform the notifying authority.

(5) the economic operators and exhibitors have to acquiesce in paragraphs 1 and 2 the measures provided for and to support the market surveillance authorities and the persons, authorised by you. The economic operators and exhibitors are obliged to provide information to the market surveillance authorities on request, which are necessary for the fulfilment of their tasks.

Exchange of information - rapid information system RAPEX

§ 9 l. (1) the national contact point for the rapid alert system RAPEX (rapid alert system for dangerous non-food products) in accordance with article 22 of Regulation (EC) No. 765/2008 is the Federal Minister for labour, Social Affairs and consumer protection.

(2) meets the market surveillance authority of a measure in accordance with article 9j or intended this and is of the opinion that the reasons for the measure or the effects of this measure on other Member States of the European Union Act, so she reported the Federal Minister for science, research and industry immediately about this measure.

(3) is an electrical equipment on the market provided been, which poses a serious risk for the safety and health of persons, the market surveillance authority reported the Federal Minister for science, research and economy also on all measures, has an economic operator voluntarily taken and shared with market surveillance.

(4) the coverage includes all available details, in particular the data necessary for the identification of electrical apparatus, the origin and supply chain of the electrical apparatus, hazards associated with the electrical equipment, the nature and duration of the measures taken and the measures voluntarily taken by the economic operator.

(5) the Federal Minister for science, research and industry checks the incoming messages for completeness and consistency. It forwards these messages without undue delay, the national contact point for RAPEX for more information of the European Commission and the other Member States of the European Union if the conditions of paragraph 2 are met.

Formal non-compliance

§ 9 m. (1) without prejudice to the article 9i the market surveillance authority must invite the relevant economic operator to correct the non-compliance concerned if it detects one of the following cases:



1. the CE marking was affixed under non-compliance of article 30 of Regulation (EC) No. 765/2008 or regulations adopted contrary to the requirements of this federal law and the subject Federal Act, which is meant to transpose European directives,

2. the CE marking has not been affixed;

3. the EC declaration of conformity was not issued;

4. the EC declaration of conformity has been improperly issued;

5. the technical documentation is either not available or not complete;

6 which are the requirements of this Act and the regulations adopted pursuant to this federal law, which as part of the implementation of European directives, are listed missing, incorrect or incomplete;

7. one other requirement is not met according to §§ 9a or 9 c.

(2) the non-compliance referred to in paragraph 1 persists, the market surveillance authority shall all appropriate measures to restrict the deployment of electrical equipment on the market or to prohibit or for it to ensure that it is recalled or withdrawn from the market."

16 paragraph 10:

"Section 10 (1) the Federal Minister for science, research and economy and the competent market surveillance authorities are empowered to submit data that is collected in the enforcement of this Act, in particular data on electrical equipment and market surveillance, to foreign and international authorities. This includes the transmission of data for use in foreign or international databases where they are entertained by an authority or are under the supervision of a public authority.

(2) data on economic operators can be also personally identifiable, unless this is necessary for the identification of a product, its backtracking in the distribution chain and risk assessment."

17 paragraph 12 paragraph 4:

"(4) specific provisions regarding construction, placing on the market or operation of radio systems in accordance with the FTEG remain untouched para 1 to 3 by that."

18. in paragraph 13, the phrase "and with regard to the placing on the market" by the phrase "as well as with regard to the making available on the market and of the placing on the market" will be replaced.

19 paragraph 16 paragraph 3:

"(3) the electrical Advisory Board consists of experts in the field of electrical engineering that can be called from the following institutions:"



2 representatives of the Ministry of science, research and economy, 1 representative of the Ministry of health, 1 representative of the Federal Ministry of agriculture and forestry, environment and water management, 1 representative of the Ministry of labour, Social Affairs and consumer protection, 1 representative of the Federal Ministry for transport, innovation and technology, 1 representative of the Federal Ministry for defence and sports, 3 representatives of the Federal Chamber of labour, 3 representatives of the Austrian Federal Economic Chamber , 3 representatives of the Conference of Presidents of the Chambers of agriculture in Austria, 1 representative of the Federal Panel on the electrical and equipment retailers, 1 representative of the Austrian Federal Guild of electrical, building, alarm and communication technicians, 2 representatives of the Association for the electrical and electronics industry, 3 representatives of the Austrian Trade Union Federation, 1 representative of the General accident insurance institution, 1 representative of the range of testing and certification of the Austrian Association for electrical engineering, 1 representative of the Austrian Standards Institute , 1 representative of the Association for consumer information, 1 representative of the Austrian Association for electrical engineering, 1 representative of the Technical University of Graz, 1 representative of the Technical University of Vienna, 2 representatives of the Association of Austrian E-Commerce, 1

Representatives of the Federal Chamber of architects and engineering consultants, 1 representative of the German Federal Environment Agency."

20. in article 17, paragraph 1, the phrase is "Unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence and is by the district administrative authority (Berghauptmannschaft) with fine" by the phrase "commits an administrative offence and is 170 or 171 mineral commodity law MinroG, Federal Law Gazette by the district administrative authority or the gem. § § I No 38/1999, the competent authority with a fine" replaced.

21 § 17 para 1 subpara 1 lit. d is omitted.

22 § 17 para 1 subpara 1 lit. e is:



"(e) an article 9j, para. 3, paragraph 4 or paragraph 6 issued available in traffic brings electrical equipment regardless of a gem. or operates," 23 § 17 para 1 subpara 1 lit. f is:



"(f) an official available gem. § 9 paragraph does not comply with 3 even after the expiry of the period of grace or an electrical plant in contempt a gem. § 9 section 3 or subsection operates 4 adopted available," 24. In § 17 para 1 subpara 1 lit. the semicolon g is replaced by a comma and the following lit. h and lit. i added:



"h) (a measure does not condone or first sentence does not support a market surveillance authority or an officer contrary to § 9 k paragraph 3 or paragraph 5, i) the market surveillance information or documents pursuant to §§ 9 k para 4, 9 k para 5 second sentence, 9a paragraph 9, 9 b para 2, 9 c para 9, 9 d paragraph 5 not, not properly, not fully or not granted or provides;"

25. in section 1, paragraph 7, § 2, § 3, para. 3, para. 4, para 5, para 6 and para 11, § 4 paragraph 2, § 5 para 2 and para 3, section 7 para 2, para 4 No. 2 and Z 3 and para. 6, § 8 para 2 and para 3, § 11, § 13, § 14 para 3, § 15 para 1, para. 2, para 5, para 6, para 8 and paragraph 9 , Article 16, paragraph 1, para. 2, para 4, para. 6 and paragraph 7 and article 20 the phrase "economic matters" by the phrase "Science, research and economy" replaced.

26. pursuant to article 19, paragraph 6 shall be added following paragraph 7 and 8:

"(7) this federal law as amended by Federal Law Gazette I no. 129/2015 20 April 2016 into force.

(8) to 7e, 9 l 1, 20, 21 and 22 as amended by Federal Law Gazette I no. 129/2015 the sections 7a with the day following the proclamation into force."

27 § 20 the following sentence is added:

"With the implementation of § 9 para 1 is the Federal Minister for labour, Social Affairs and consumer protection entrusted."

28. According to article 20, the following paragraph 21 and heading is attached:

"References, personal names

As far as other federal laws is referenced in this federal law provisions, these are § 21 (1) in the currently valid version to apply.

(2) in the case of personal names used in this Federal Act the chosen form applies to both sexes."

29. According to article 21, the following section 22 along with heading is attached:

"Implementation of legal acts of the European Union

section 22. Following legal acts of the European Union are implemented by this federal law:



1. 2014/30/EC directive on the harmonisation of the laws of the Member States relating to electromagnetic compatibility OJ L 96 of 26 February 2014 S. 79, 2. Policy 2014/35/EC on the harmonisation of legislation of Member States concerning the provision of electrical equipment for use within certain voltage limits on the market, OJ L 96, p. 357 26 February 2014."

Fischer

Faymann