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, which amended the Electrical Engineering Act 1992 (ETG 1992)

The National Council has decided:

The federal law on security measures, normalization and typing in the field of electrical engineering (Electrotechnical Law 1992-ETG 1992), BGBl. N ° 106/1993, as last amended by the Federal Law BGBl. I No 129/2013, shall be amended as follows:

1. In accordance with § 1 (1), first sentence, the following sentence shall be inserted:

" appliances (apparatus) or a combination of such appliances (apparatus), which are intended for the end-user and which may cause electromagnetic interference or whose operation can be caused by electromagnetic interference, Disturbances can be impaired, are electrical equipment. "

2. § 1 para. 2 second sentence is deleted.

3. According to Article 1 (2), the following paragraphs 2a and 2b are inserted:

" (2a) Moving equipment shall be a combination of equipment and, where appropriate, further equipment which is movable and intended for operation at various locations. Movable installations (operational combinations of electrical appliances on vehicles, transportable structures and flying structures) are subject to the same provisions as fixed installations in safety terms.

(2b) For the purposes of this Federal Act and the Regulations adopted on its basis, the following definitions shall also apply:

1.

"making available on the market" means any supply of an electrical equipment for distribution, consumption or use on the Union market in the course of a business activity, whether in return for payment or free of charge;

2.

"placing on the market" means the first-time provision of an electrical operating means on the Union market;

3.

"manufacturer" means any natural or legal person who produces an electrical equipment; develop or manufacture this electrical equipment under their own name or trademark;

4.

"authorised representative" means any natural or legal person established in the European Union who has been instructed in writing by a manufacturer to carry out certain tasks on his behalf;

5.

"importer" means any natural or legal person established in the European Union who places an electrical equipment from a third country on the Union market;

6.

"trader" means any natural or legal person in the supply chain who provides an electrical equipment on the market, with the exception of the manufacturer or the importer;

7.

"economic operators" means the manufacturer, the authorised representative, the importer and the trader;

8.

"technical specification" means a document in which the technical requirements to be met by an electrical equipment are required;

9.

"harmonized standard" means a harmonised standard as defined in Article 2 (1) (lit). (c) of Regulation (EU) No 1025/2012 on European standardisation, amending Council Directives 89 /686/EEC and 93 /15/EEC and 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 Council and repealing Council Decision 87 /95/EEC and Decision No 1673 /2006/EC of the European Parliament and of the Council, OJ L 136, 31.5.2002, p. No. OJ L 316 of 14.11.2012 p.12, as last amended by Directive 2014 /68/EU, OJ L 327, 28.12.2014, p. No. OJ L 189, 27.06.2014 p. 164;

10.

"conformity assessment" means the procedure for evaluating whether the safety objectives have been achieved in the case of an electrical equipment in accordance with the provisions of this Federal Act and the regulations adopted for this purpose;

11.

"recall" means any measure aimed at the performance of the return of an electrical operating means already provided to the end user;

12.

"withdrawal" means any measure intended to prevent the supply of an electrical operating medium in the supply chain on the market;

13.

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

14.

"CE marking" means the marking by which the manufacturer declares that the electrical equipment satisfies the applicable requirements laid down in the European Union's harmonising legislation on its affixing. "

4. § 3 (7) last sentence reads:

" Specific regulations concerning the establishment, placing on the market or the operation of radio equipment in accordance with the Federal Act on Funkanlagen and Telecommunication Terminal Equipment (FTEG), BGBl. I n ° 134/2001, remain unaffected. '

5. § 3 (8) reads:

"(8) Electrical equipment which does not comply with the provisions of paragraph 1 or the regulations adopted pursuant to this Federal Act may not be placed on the market."

6. In Section 3 (9), the point shall be replaced by a supplement and the following phrase shall be added:

"in particular if they are used for trade fairs or exhibitions."

7. § 3 para. 10 deleted.

8. In § 3 (11), the first and second sentences are:

" The obligations laid down in paragraphs 1, 2 and 8 shall be fulfilled, depending on the nature of the obligations, which the electrical installation or the electrical equipment establishes, manufactures, imports, maintains, operates, or places on the market. Without prejudice to the obligations of the economic operators according to § 9a ff, the Federal Minister for Science, Research and Economic Affairs may, by means of a regulation or the authority (§ 13), also inform the owner of the electrical installation or the electrical system Operating by means of the fulfilment of these obligations. "

9. § 7 (4) Z 1 reads:

" 1.

Certificates issued by accredited conformity assessment bodies on compliance with the requirements of § 3 (1) and (2) (Accreditation Act 2012-AkkG 2012, BGBl. I No 28/2012). The Federal Minister for Science, Research and the Economy may, by means of a regulation or communication, also recognise certificates issued in third countries if they are equivalent to those issued in Austria and if reciprocity exists. "

10. In Section 7 (4) (2) (2) and (3), the word shall be "Importer" in the respective grammatical form by the word sequence "Importer or Plenipotentiary" in the respective grammatical form.

11. According to § 7, the following § § 7a to 7e shall be inserted together with the headings:

" Notification of conformity assessment bodies

Notification

§ 7a. Authority for the notification of conformity assessment bodies for Directive 2014 /30/EU on the harmonisation of the laws of the Member States relating to electromagnetic compatibility, OJ L 327, 30.4.2004, p. No. OJ L 96, 29.03.2014 p. 79, is the Federal Minister for Science, Research and Economy.

Notification procedure

§ 7b. (1) A request for notification of a conformity assessment body according to § 7a shall be submitted to the Federal Ministry for Science, Research and Economics.

(2) The applicant conformity assessment body shall have an accreditation certificate for the requested notification scope of an accreditation body within the meaning of Regulation (EC) No 765/2008 on the requirements for accreditation; and Market surveillance in relation to the marketing of products and repealing Council Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No. OJ L 218, 13.08.2008 p. 30.

(3) If the applicant conformity assessment body does not have a valid accreditation certificate, the notifying authority shall have the application dismissed. This shall also apply in the event that the requested notification scope is not included in the accreditation submitted.

(4) The notifying authority shall provide the conformity assessment body with the assistance of the European Commission's electronic NANDO system, if the conditions for notification of the conformity assessment body requested are to be met by the notifying authority. notifying. The performance of the tasks of a notified body by the notified body may not be taken until two weeks after the publication in the NANDO system of the European Commission, unless the European Commission or the Commission the other EU Member States have raised objections within this period.

(5) The notifying authority shall be informed of the refusal, revocation, suspension, restriction of the notification requested and of the extension of the notification.

(6) The Federal Minister for Science, Research and the Economy has to report to the European Commission and the other Member States any subsequent amendment to the notification.

(7) The Federal Minister for Science, Research and the Economy may, in the light of the requirements of Union law, lay down detailed rules on the notification procedure, such as the content and form of the notification procedure, by means of a regulation. Forms to be used, provided that this allows for a time-and cost-saving assessment of applications or serves to facilitate the verification of compliance with the obligations of notified bodies.

Obligations of notified bodies in relation to their work

§ 7c. (1) The notified bodies shall carry out the conformity assessment in accordance with the conformity assessment procedures in accordance with this Federal Act and the regulations issued under this Federal Act for which it has been notified.

(2) Compliance assessments shall be carried out in accordance with proportionality, avoiding unnecessary burdens on economic operators. The conformity assessment bodies shall have their activities taking due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the equipment technology concerned and of the Mass-production or serial character of the manufacturing process. However, in doing so, they must act so strictly and comply with such a level of protection as is necessary for the conformity of the device with the regulations issued under this federal law.

(3) It shall establish a notified body that a manufacturer has failed to meet the essential requirements laid down in the regulations adopted in accordance with this Federal Act for which it has been notified or in the relevant harmonised standards, or , it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate.

(4) Where a notified body has already issued a certificate and, in the context of the monitoring of conformity, it shall establish that the equipment no longer meets the essential requirements, it shall require the manufacturer to take appropriate measures to ensure that the equipment is properly To take corrective action and to suspend or withdraw the certificate if necessary.

(5) Where corrective measures are not taken or if they do not show the necessary effect, the notified body shall, where appropriate, restrict all the certificates, suspend them or withdraw them.

(6) The notified body shall assign or transfer to a sub-contractor certain tasks related to the conformity assessment, such as to ensure that the subcontractor or the branch undertaking has the following responsibilities: Requirements for a notified body shall be met and shall inform the notifying authority accordingly.

(7) The notified bodies shall bear full responsibility for the work carried out by subcontractors or branch undertakings, irrespective of where they are established.

(8) Work may only be awarded to a subcontractor or transferred to a subsidiary company if the customer agrees to it.

(9) The notified bodies shall have the relevant documentation concerning the assessment of the qualifications of the subcontractor or the branch undertaking and the work carried out by it in accordance with Annex III to Directive 2014 /30/EU for the to the notifying authority.

Reporting requirements of notified bodies

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

1.

any refusal, restriction, suspension or withdrawal of a certificate,

2.

all the circumstances, the consequences for the scope or the conditions of the notification;

3.

any request for information on the conformity assessment activities which they have received from the market surveillance authorities;

4.

at the request of the conformity assessment activities which they have followed in the scope of their notification and which other activities, including cross-border activities and subcontracting, have carried out them,

to report.

(2) The notified bodies shall carry out similar conformity assessment activities and cover the same equipment to the other bodies notified under this Federal Act and the Regulations adopted for this purpose, relevant To provide information on the negative and on demand also on the positive results of conformity assessments.

Complaints against a notified body

§ 7e. (1) At the Federal Minister for Science, Research and the Economy, complaints against decisions of notified bodies may be made.

(2) The Federal Minister for Science, Research and the Economy has to examine a complaint made pursuant to paragraph 1 and, if necessary, to proceed in accordance with Section 7b (5) of this Federal Law.

(3) The Federal Minister for Science, Research and the Economy may, in accordance with the provisions of Union law, lay down detailed provisions on the appeal procedure in accordance with paragraph 1. "

12. In Section 8 (2), the word "household appliances" by the word "Operating Medium" replaced.

13. In Section 8 (5), the phrase "in accordance with § § 9 and 10" through the phrase "in accordance with § § 9g to 9m" replaces and eliminates the word sequence "pursuant to § 9 (8) and (9)" .

14. § 9 together with headline reads:

" The monitoring of electrical installations

§ 9. (1) Electrical installations shall be subject to the supervision by the competent authority (§ 13) in respect of compliance with the provisions of this Federal Act and of the regulations adopted on its basis. Provisions contained in other legislation relating to the supervision of operating equipment and equipment shall not be affected by this.

(2) Anyone who operates an electrical installation shall have access to the persons responsible for monitoring and safety testing-in the case of danger in the case of danger at any time-to allow the electrical installation to provide all necessary assistance and to provide them with the necessary information, as well as to tolerate the safety inspection and the temporary commissioning or decommissioning of the electrical system, which is essential for the purpose of carrying out the tests. In the case of monitoring and safety testing of electrical installations, any unnecessarily necessary disturbance or obstruction of the business operation or operational sequence shall be avoided.

(3) Where it is established that the state or operation of an electrical installation does not comply with this Federal Law or the regulations adopted pursuant to it, the Authority shall inform the operator of the electrical installation with a decision to: legal status within a reasonable period to be determined at the same time. The operator of the installation shall be the owner, deputy or agent of the plant, subsidiary of the holder of the plant and any other person who is obviously entrusted with the effective supervision of the plant.

(4) Where it is established that the state or operation of an electrical installation does not comply with this Federal Act or the regulations adopted pursuant to it, it is likely to pose a direct threat to the life or health of persons or for goods, the Authority shall have, if the lawful condition is not immediately established, those measures which are likely to avert the risk; if the risk cannot be averted, the Authority shall have the following: Out-of-operation of the electrical installation in order to avoid the risk of danger The extent to which the electrical installation is to be taken into account for the purpose of operation or supply.

(5) The decisions to be taken on the basis of paragraphs 3 and 4 shall indicate the irregular nature of the electrical installation. Decisions taken shall be repealed upon request if the Authority is satisfied that the statutory condition has been established. "

15. According to § 9, the following § § 9a to 9m shall be inserted together with the headings:

" Duties of economic operators

Obligations of producers

§ 9a. (1) Manufacturers, if they place electrical equipment on the market, must ensure that they comply with the requirements of their electrical equipment in accordance with the provisions of this Federal Act and the regulations adopted thereto, that have been designed, designed and manufactured to implement European directives.

(2) Manufacturers must draw up the technical documentation in accordance with this Federal Act and the regulations adopted for this purpose, which are used for the implementation of European directives, and the conformity assessment procedure in question in accordance with this Federal Act , and the regulations adopted for this purpose, which are designed to implement, implement or implement European directives. If the conformity assessment procedure has shown that an electrical equipment complies with the requirements laid down in this Federal Act and the regulations adopted for this purpose, which are used for the implementation of European directives, the To issue an EU declaration of conformity and to affix the CE marking.

(3) Manufacturers must keep the technical documentation and the EU declaration of conformity after the placing on the market of the electrical equipment for 10 years.

(4) Manufacturers must:

1.

ensure conformity with this federal law and regulations adopted in accordance with this federal law in the case of series production by appropriate procedures. changes to the design of the electrical equipment or its characteristics, as well as changes in the harmonised standards or other technical specifications referred to in the declaration of conformity of an electrical operating means, shall be duly taken into account;

2.

where, in view of the risks posed by an electrical equipment, this is considered appropriate, for the protection of the health and safety of consumers, sample tests of electrical equipment on the market Carry out, investigate and, if necessary, a list of complaints concerning non-conformant electrical equipment and recalls of electrical equipment, and the distributors shall, by means of this monitoring, be informed of the keep up to date.

(5) Manufacturers must ensure that electrical equipment which they have placed on the market carries a type, batch or serial number or a different identifier for their identification, or, if this is due to the size or nature of such equipment, it is not possible to provide the necessary information on the packaging or in the documents attached to the electrical operating means.

(6) Manufacturers must either use 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 not possible, shall indicate on the packaging or in the documents accompanying the electrical equipment. The address refers to a one-stop shop, under which the manufacturer can be reached. The contact details are to be stated in German.

(7) Manufacturers must ensure that the electrical equipment is the operating instructions and the information referred to in this Federal Act and the regulations adopted for the purpose of implementing European directives in of the German language. These operating instructions and information, as well as all markings, must be clear, comprehensible and clear.

(8) Manufacturers who consider or have reason to believe that an electrical equipment which they have placed on the market does not comply with this Federal Act and the regulations adopted for this purpose, which are the implementation of European directives , shall immediately take the corrective measures necessary to ensure the conformity of this electrical equipment or, where appropriate, to withdraw it or recall it. In addition, where risks are associated with the electrical equipment, manufacturers shall, without delay, require the competent national authorities of the Member States in which they have made available the electrical equipment on the market, and provide detailed information, in particular on the non-compliance and the corrective measures taken.

(9) Manufacturers shall, at the request of the market surveillance authority, have all the information and documents required for the verification of the conformity of the electrical equipment with this Federal Act, on the basis of their reasoned request, in paper form or to be made available electronically in German. They shall cooperate with the market surveillance authority, at their request, in all measures to avert risks associated with electrical equipment which they have placed on the market.

Plenipotentiaries

§ 9b. (1) A manufacturer may designate an authorised representative in writing. The obligation pursuant to Section 9a (1) and the obligation to draw up the technical documentation referred to in § 9a (2) may not be part of the mandate of an authorised representative.

(2) An authorised representative shall carry out the tasks defined in the contract received by the manufacturer. The contract shall allow the authorised representative to carry out at least the following tasks:

1.

the establishment of the EU declaration of conformity and the technical documentation for the market surveillance authority over a period of ten years after the placing on the market of the electrical equipment;

2.

on the basis of a reasoned request from the market surveillance authority, providing all the necessary information and documentation to demonstrate the conformity of an electrical equipment to that authority;

3.

, at the request of the Market Surveillance Authority, cooperation in any measure to avert the risks associated with electrical equipment belonging to the role of the authorised representative.

Obligations of the importer

§ 9c. (1) The importer may place only conformant electrical equipment on the market.

(2) Before placing an electrical equipment on the market, the importer must ensure that the conformity assessment procedure in question is carried out in accordance with this Federal Act and the regulations adopted for this purpose, which are the implementation of the European Union Guidelines are used by the manufacturer. They must ensure that the manufacturer has drawn up the technical documentation, that the electrical equipment with the CE marking in accordance with this Federal Act and the regulations adopted for this purpose, which are the implementation of European directives , it must be accompanied by the necessary documents and the manufacturer has complied with the requirements of Section 9a (5) and (6). Where an importer considers or has reason to believe that an electrical equipment does not comply with the essential requirements laid down in this Federal Act and the Regulations adopted thereto, it may: Do not place equipment on the market before the conformity of the electrical operating means is established. If a risk is associated with the electrical equipment, the importer shall inform the manufacturer and the market surveillance authority thereof.

(3) The importer shall 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 not possible, is to be indicated on the packaging or in the documents accompanying the electrical operating means. The contact details are to be stated in German.

(4) The importer must ensure that the electrical equipment is the operating instructions and the information referred to in this Federal Law and the Regulations adopted for the implementation of European directives in accordance with this Act, in of the German language.

(5) As long as an electrical equipment is in its responsibility, the importer shall ensure that the conditions of its storage or transport are in accordance with the conformity of the electrical operating means with the essential elements. Requirements in accordance with this Federal Act and the regulations adopted for this purpose, which are used for the implementation of European directives, do not affect the requirements.

(6) In the event that this is considered appropriate in view of the risks posed by an electrical equipment, the importer shall have sample checks on the market for the protection of the health and safety of consumers. to carry out an investigation and, if necessary, to carry out a list of complaints concerning non-conformant electrical equipment and the recalls of electrical equipment, and to keep traders informed of such surveillance activities.

(7) importer who considers or has reason to believe that an electrical equipment placed on the market does not comply with the provisions of this Federal Law and the Regulations thereto which are used to implement European directives; shall, without delay, take the necessary corrective measures to ensure the conformity of this electrical equipment or, where appropriate, to withdraw it or recall it. In addition, in cases where risks are associated with the electrical equipment, the importer must immediately inform the competent national authorities of the Member States in which they have provided the electrical equipment on the market, and provide detailed information, in particular on the non-compliance and the corrective measures taken.

(8) The importer must keep a copy of the EU declaration of conformity for the market surveillance authority after the placing on the market of the electrical equipment for 10 years and ensure that it has the technical documentation available to the market surveillance authority. May submit a request.

(9) The importer must, at the request of the market surveillance authority, all the information and documents required for the verification of the conformity of the electrical equipment, in paper form or by electronic means, in accordance with the reasoned request. of German language. They shall cooperate with the market surveillance authority, at their request, in all measures to avert risks associated with electrical equipment which they have placed on the market.

Obligations of traders

§ 9d. (1) The dealers must take due diligence into account of the requirements of this Federal Act and of the regulations issued thereto if they provide an electrical operating medium on the market.

(2) Before providing an electrical equipment on the market, distributors shall verify that the electrical equipment is marked with the CE marking, whether it is accompanied by the necessary documents, whether the electrical equipment is accompanied by the CE marking, or whether the electrical equipment is accompanied by the CE marking. The manufacturer and the importer have complied with the requirements of § 9a (5) and (6) or (6) or § 9c (3), respectively. Is a trader of the opinion or has reason to believe that an electrical equipment does not comply with the essential requirements laid down in this federal law and the regulations adopted for this purpose, which are the implementation of European directives , it must not provide this electrical equipment on the market before its conformity is established. In addition, if a risk is associated with the electrical equipment, the trader must also inform the manufacturer or importer and the market surveillance authority.

(3) As long as an electrical equipment is in its responsibility, dealers must ensure that the conditions of its storage or transport are in accordance with the conformity of the electrical operating means with the essential Requirements in accordance with this Federal Act and the regulations adopted for this purpose, which are used for the implementation of European directives, do not affect the requirements.

(4) traders who are of the opinion or have reason to believe that an electrical equipment made available on the market does not comply with this Federal Act and the regulations adopted for this purpose, which are the implementation of European directives , it is necessary to ensure that the necessary corrective measures are taken in order to ensure the conformity of this electrical equipment or, where appropriate, to withdraw or recall it. In addition, if risks are associated with the electrical equipment, distributors must immediately inform the competent national authorities of the Member States in which they have provided the electrical equipment and, if so, where detailed information is provided, in particular on non-compliance and the corrective measures taken.

(5) traders shall, at the request of the market surveillance authority, require all information and documents required for the verification of the conformity of an electrical equipment, either in paper form or by electronic means, to the market surveillance authority. shall be made available. They shall cooperate with the market surveillance authority, at their request, in all measures to avert risks associated with electrical equipment that they have provided on the market.

Circumstances under which the manufacturer ' s obligations shall also apply to importer and trader

§ 9e. A importer or trader shall be deemed to be a manufacturer for the purposes of this Federal Law and shall be subject to the obligations of a manufacturer in accordance with § 9a if he or she has an electrical equipment under his or her own name or trade mark in traffic or an electrical operating medium already on the market, in such a way that compliance with this federal law can be impaired.

Identification of economic operators

§ 9f. (1) The economic operators shall, at the request of the market surveillance authority, call the economic operators,

1.

of which they referred to an electrical equipment;

2.

to which they have given an electrical equipment.

(2) The economic operators must be able to provide this information for ten years after the receipt of the electrical equipment and ten years after the supply of the electrical equipment.

Market surveillance

Coordination of market surveillance

§ 9g. (1) The coordination of market surveillance and the establishment of a market surveillance programme within the meaning of Article 16 of Regulation (EC) 765/2008 and the submission of opinions to the European Commission is the Federal Minister of Science, Research and economy.

(2) The Market Surveillance Authority shall collect the data necessary for the preparation of market surveillance programmes and reports and shall, in aggregated form, gather annually to the Federal Minister for Science, Research and the Economy, upon request ,

Supervision of the market of the Union, control of the electrical equipment imported into the Union market

§ 9h. For electrical equipment, Article 15 (3) and Articles 16 to 29 of Regulation (EC) No 765/2008 apply.

Procedures for the treatment of electrical equipment with which a risk is associated, at national level

§ 9i. (1) If the competent authority referred to in Article 13 (Market Surveillance Authority) has reasonable grounds to believe that an electrical equipment falling under this Federal Act or any of the Regulations adopted for this purpose is a risk to aspects of of the protection of public interests covered by this Federal Act, it shall assess whether the electrical equipment concerned is all relevant to the relevant provisions laid down in this Federal Act and to the Regulations adopted hereunder Requirements. To this end, the economic operators concerned shall cooperate with the market surveillance authority to the extent necessary. If, in the course of the assessment, the market surveillance authority concludes that the electrical equipment does not meet the requirements, it shall:

1.

immediately call upon the economic operator concerned to take all appropriate corrective measures within a time-limit prescribed by the market surveillance authority and appropriate to the nature of the risk, in order to ensure compliance of the to manufacture electrical equipment with these requirements, to withdraw it from the market or to recall it;

2.

inform the relevant notified body.

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to above.

(2) If the Market Surveillance Authority considers that non-compliance is not limited to the territory of the Republic of Austria, it must inform the European Commission and the other EU Member States of the results of the assessment and the measures to which it has requested the economic operator.

(3) The economic operator shall ensure that any appropriate corrective action he takes shall extend to all the electrical equipment concerned which he has made available in the European Union on the market.

(4) Within the period referred to in paragraph 1 (1) (1), the economic operator concerned does not take appropriate corrective measures, the market surveillance authority shall have:

1.

take all appropriate provisional measures in order to prohibit or restrict the provision of the electrical equipment on the national market, to withdraw or withdraw the electrical equipment from the market, and

2.

to inform the European Commission and the other EU Member States of these measures without delay.

(5) From the information referred to in paragraph 4 (2), all available information must be provided, in particular the data for the identification of the non-conforming electrical operating means, the origin of the electrical operating means, the nature of the the alleged non-compliance and the risk, as well as the nature and duration of the national measures taken and the arguments of the economic operator concerned. In particular, the market surveillance authority shall indicate whether the non-compliance is due to:

1.

The electrical equipment complies with the requirements laid down in this federal law and in the regulations adopted under this Federal Act, which are designed to implement European directives, with regard to the aspects of the protection of the no public interest; or

2.

the harmonized standards, in compliance with which a presumption of conformity with regard to this federal law and the regulations enacted in accordance with this federal law, which are used for the implementation of European directives, are not valid.

(6) Where the procedure has been initiated by another Member State, the market surveillance authority shall immediately inform the European Commission and the other Member States of any measures adopted and any further information available to it on: the non-compliance of the electrical equipment and, if it does not agree to the national measure adopted in the procedure in another Member State, to inform them of their objections.

(7) In the event that neither a Member State nor the European Commission within three months of receiving the information referred to in paragraph 4 (2) has an objection to a provisional measure, that measure shall be deemed to be justified.

(8) If the national measure is considered to be justified, the market surveillance authority shall take the necessary measures to ensure that the non-compliant electrical equipment is withdrawn from the Austrian market, and has the European Commission shall be informed of this. If the national measure is not considered to be justified, the market surveillance authority shall take back the national measure.

(9) The Market Surveillance Authority shall ensure that appropriate restrictive measures, such as the withdrawal of the electrical operating means from the market, are taken immediately with regard to the electrical operating means concerned.

Market surveillance measures

§ 9j. The market surveillance authority shall, on the basis of appropriate samples, monitor in an appropriate manner and to an appropriate extent whether electrical equipment meets the requirements laid down in § 3 and the relevant regulations. To do so, it shall verify the documentation or, where appropriate, carry out physical checks and laboratory tests. Where the inspection of an electrical equipment by the market surveillance authority turns out to be non-compliance with the requirements laid down in § 3 and the relevant regulations, the manufacturer or person who is responsible for the electrical equipment is introduced or stored for the purpose of making available on the market, by which the market surveillance authority will be obliged to carry out the costs associated with the inspection by means of a communication.

(2) The Federal Minister for Science, Research and the Economy may, in the light of the requirements of the Union law, lay down detailed rules on the nature, scope and appropriateness of random samples in accordance with paragraph 1 of this Regulation. .

(3) Where electrical equipment does not comply with the requirements laid down in § 3 and the relevant Regulations, the Market Surveillance Authority shall be able to inform the economic operator, inter alia:

1.

Arrange for measures to ensure that such an electrical equipment is first placed on the market if it complies with the requirements laid down in § 3 and its regulations;

2.

In the event that measures are not possible after Z 1, or that the electrical equipment is a serious risk:

a)

prohibit such an electrical equipment from being placed on the domestic market;

b)

Order the withdrawal or recall of such an electrical equipment placed on the market;

c)

order the destruction or unusable operation of the electrical equipment.

(4) Where necessary and appropriate, the market surveillance authority may take measures to any other person in order to obtain their participation in corrective measures.

(5) The market surveillance authority may itself warn the public when other equally effective remedies, in particular warnings by the economic operator, are not taken or are not taken in good time. The costs of these measures shall be borne by the economic operator.

(6) Where there is a risk of imminent imminent danger to the life or health of persons, the Market Surveillance Authority shall take the measures provided for in paragraph 3 above, following a prior understanding of the custody of the person in question, the economic operator holding the electrical equipment, including without prior authorisation and prior to the release of a date of employment, but shall be required to issue a written, reasoned opinion within two weeks, in the event of an adverse event, the administrative measure set aside.

Rights and powers

§ 9k. (1) The market surveillance authority or any person empowered to do so shall have the power to enter, where necessary, the business premises and premises of economic operators for the purposes of carrying out its activities, in or on which, in the course of a business, are electrical equipment

1.

are produced,

2.

for the first time,

3.

is stored on the market for the purpose of providing

4.

are issued.

(2) The market surveillance authority shall have the power to inspect, check or have the electrical equipment inspected, and, in particular, to be put into service for that purpose. In the case of the activities of the market surveillance authority, any unnecessarily necessary disturbance or obstruction of the business operation or operational sequence shall be avoided.

(3) The market surveillance authority and the persons empowered by it shall be entitled to take samples, request samples and the documents and information required for the performance of their duties, including in particular quantities of quantities, origin and purchasers, The samples, samples, documents and information shall be made available free of charge to the market surveillance authority by the economic operator.

The market surveillance authority shall have the power to require the notified bodies to supply the information and documents necessary for the performance of their duties. The market surveillance authority shall inform the notifying authority of this activity.

(5) The economic operators and the exhibitors shall be entitled to the measures referred to in paragraphs 1 and 2 and to support the market surveillance authority and the persons empowered to do so by it. Economic operators and exhibitors shall be required to supply the market surveillance authority, on request, with the information necessary for the performance of their duties.

Exchange of information-Rapid information system RAPEX

§ 9l. (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) The Market Surveillance Authority (Market Surveillance Authority) or does it intend to do so, and considers that the reasons for the measure or the impact of this measure affect other Member States of the European Union, She reports immediately to the Federal Minister for Science, Research and the Economy on this measure.

(3) Where an electrical equipment has been made available on the market which poses a serious risk, in particular to the safety and health of persons, the Market Surveillance Authority shall report to the Federal Minister for Science, Research and the economy also on all measures taken by an economic operator voluntarily and communicated to the market surveillance authority.

(4) The reporting shall include all available information, in particular on the necessary data for the identification of the electrical equipment, the origin and supply chain of the electrical equipment, which shall be used with the the risks associated with electrical equipment, the nature and duration of the action taken and the measures taken voluntarily by the economic operator.

(5) The Federal Minister for Science, Research and the Economy shall review the notifications received for completeness and consistency. It shall forward these notifications without unnecessary delay to the national contact point for RAPEX for further information to the European Commission and to the other Member States of the European Union if the conditions set out in paragraph 2 are met.

Formal non-compliance

§ 9m. (1) Without prejudice to paragraph 9i, the market surveillance authority shall require the economic operator concerned to correct the non-compliance in question if it finds one of the following cases:

1.

the CE marking has been identified in breach of Article 30 of Regulation (EC) No 765/2008, or contrary to the requirements of this Federal Act and the regulations adopted under this Federal Act, which are used to implement European directives, ,

2.

the CE marking has not been affixed;

3.

the EU declaration of conformity has not been issued;

4.

the EU declaration of conformity has not been properly issued;

5.

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

6.

The information referred to in the requirements of this Federal Act and the regulations issued under this Federal Act, which are used to implement European directives, are missing, are false or incomplete;

7.

A different requirement pursuant to § § 9a or 9c is not fulfilled.

(2) If the non-compliance referred to in paragraph 1 continues, the market surveillance authority shall take all appropriate measures to restrict or prohibit the provision of the electrical operating medium on the market or to ensure that it is provided for: that it is recalled or withdrawn from the market. "

16. § 10 reads:

" § 10. (1) The Federal Minister for Science, Research and the Economy and the competent market surveillance authority are empowered to collect data relating to the enforcement of this law, in particular data relating to electrical equipment and to the Market surveillance, to be sent to foreign and international authorities. This also includes the transmission of data for use in foreign or international databases, provided that they are maintained by an authority or are under the supervision of an authority.

(2) Data on economic operators may also be personal, provided that this is necessary for the identification of a product, its traceability in the distribution chain and the risk assessment. "

Section 12 (4) reads as follows:

"(4) Specific regulations relating to the establishment, placing on the market or the operation of radio equipment in accordance with the FTEG shall remain unaffected by the provisions of paragraphs 1 to 3."

18. In § 13, the phrase "and with regard to the placing on the market" through the phrase "and with regard to the provision of the market and the placing on the market" replaced.

19. § 16 (3) reads:

" (3) The electrical advisory board consists of specialists in the field of electrical engineering, who are to be appointed from the following institutions:

2

Representatives of the Federal Ministry for Science, Research and the Economy,

1

Representatives of the Federal Ministry of Health,

1

Representatives of the Federal Ministry of Agriculture, Forestry, Environment and Water Management,

1

Representatives of the Federal Ministry of Labour, Social Affairs and Consumer Protection,

1

Representatives of the Federal Ministry of Transport, Innovation and Technology,

1

Representatives of the Federal Ministry of Defence and Sport,

3

Representatives of the Federal Chamber of Labour,

3

Representatives of the Austrian Economic Chamber,

3

Representatives of the Conference of Presidents of the Austrian Agricultural Chambers,

1

Representatives of the Federal Committee of the Electrical and Furnishing Trade,

1

Representatives of the Bundesinnung der Elektro-, Building-, Alarm-und communicstechniker,

2

Representatives of the specialist association of the electrical and electronics industry,

3

Representatives of the Austrian Trade Union Confederation,

1

Representatives of the General Accident Insurance Institution,

1

Representatives of the testing department and certification of the Austrian Association of Electrical Engineering,

1

Representatives of the Austrian Standards Institute,

1

Representatives of the Association for Consumer Information,

1

Representatives of the Austrian Association of Electrical Engineering,

1

Representatives of the Technical University of Graz,

1

Representatives of the Technical University of Vienna,

2

Representatives of the Association of Austria's E-Economy,

1

Representatives of the Federal Chamber of Architects and Engineering Consultants,

1

Representatives of the Federal Environment Agency. "

20. In Section 17 (1), the phrase "Provided that the action does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender shall be carried out and shall be fined by the district administrative authority (the main mountain team)" through the phrase " An administrative surrender is carried out and is by the district administrative authority or the gem. § § 170 or 171 MinroG MinroG, BGBl. I n ° 38/1999, competent authority with a fine " replaced.

21. § 17 para. 1 Z 1 lit. d is deleted.

22. § 17 (1) Z 1 lit. e is:

" e)

an electrical operating medium, irrespective of a gem. Article 9j (3), para. 4 or paragraph 6, which provides or operates on the market, "

23. § 17 para. 1 Z 1 lit. f is:

" f)

of a regulatory authority. § 9 (3) even after the expiry of the grace period does not comply or an electrical installation with disregard of a gem. Section 9 (3) or (4), "

24. In § 17 paragraph 1 Z 1 lit. g is replaced by a dash line and the following lit. h and lit. i is added:

" h)

does not tolerate a measure or does not support a market surveillance authority or a representative in accordance with section 9k para. 3 or para. 5 first sentence,

i)

the market surveillance authority does not grant or make available any information or documents in accordance with § § 9k (4), 9k (5), second sentence, 9a (9), 9b (2), 9c (9), 9d (5), not correct, not complete or not in time; "

(4), (2), (2), (2), (2) and (3), (4), (2) and (3), (2) and (3), (11), (13), (3), § 15 (1), (2), (5), (6), (2), (6), (8) and (9), § 16 (1), (2), (4), (6) and (7) and (20), the phrase "Economic Affairs" through the phrase "Science, Research and Economy" replaced.

26. According to Article 19 (6), the following paragraphs 7 and 8 are added:

" (7) This federal law in the version of the Federal Law BGBl. I No. 129/2015 will enter into force with 20 April 2016.

(8) § § 7a to 7e, 9l para. 1, 20, 21 and 22 in the version of the Federal Law BGBl. I No 129/2015 shall enter into force with the day following the event. "

(27) § 20 the following sentence shall be added:

"The Federal Minister of Labour, Social Affairs and Consumer Protection is responsible for the enforcement of Section 9l (1)."

28. In accordance with § 20, the following § 21 shall be added together with the heading:

" referrals, personal names

§ 21. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied in the version in force in each case.

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

29. In accordance with § 21, the following § 22 together with the title is added:

" Implementation of European Union legal acts

§ 22. The following acts of the European Union are implemented by this federal law:

1.

Directive 2014 /30/EU on the harmonisation of the laws of the Member States relating to electromagnetic compatibility, OJ L 206, 22.7.2014. OJ L 96, 26 February 2014, p. 79,

2.

Directive 2014 /35/EU on the harmonisation of the laws of the Member States relating to the provision of electrical equipment for use within certain voltage limits on the market, OJ L 206, 22.7.2014, p. OJ L 96, 26 February 2014 p. 357.

Fischer

Faymann