Transportable Pressure Equipment Regulation 2011 - Odgv 2011

Original Language Title: Ortsbewegliche Druckgeräte Verordnung 2011 - ODGV 2011

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239. Regulation of the Federal Minister for Economic Affairs, Family and Youth on transportable pressure equipment (movable pressure equipment Regulation 2011-ODGV 2011)

On the basis of § § 3 para. 3, 6, 7, 19, 24 and 25 of the Kesselgesetz, BGBl. No. 211/1992, in the version of the Federal Law BGBl. I n ° 80/2007, and § § 9 (3), 10 (3) and 22 of the Accreditation Act-AkkG, BGBl. No. 468/1992, in the version of the Federal Law BGBl. I No 85/2002, shall be assigned:

Section 1

Scope and definitions

Scope

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

1.

new transportable pressure equipment in accordance with § 3 Z 1, which does not have the conformity marking of the one in Appendix A.4.1 of the Ordinance on Shipment Container Regulation 2002 (VBV 2002), BGBl. II No 202/2002, as amended by the BGBl Regulation. II No 347/2005, the EEC directives, or the transportable pressure equipment regulation-ODGMO, BGBl. II No 291/2001, as amended by the BGBl Regulation. II No 496/2003, as regards making available on the market;

2.

Transportable pressure equipment in accordance with § 3 Z 1, which carries the conformity marking in accordance with this Regulation or in accordance with the EEC directives or the ODGMOs referred to in Annex A.4.1 of the VBV 2002, as regards the periodic tests, Intermediate examinations and extraordinary tests;

3.

Transportable pressure equipment in accordance with § 3 Z 1, which does not carry the conformity marking according to the ODGMO, with regard to the re-evaluation of conformity.

(2) References to sections or Chapters of the ADR or RID in this Regulation shall also be considered as references to those provisions of the ADN that refer to the relevant section of the ADR.

Exceptions to the scope

§ 2. (1) This Regulation shall not apply to transportable pressure equipment placed on the market prior to the date of application of the ODGMO and not subject to a reassessment of conformity.

This Regulation shall not apply to transportable pressure equipment intended exclusively for the carriage of dangerous goods between Member States of the European Union and third countries pursuant to Article 4 of Directive 2008 /68/EC on transport dangerous goods in the landlocked country, OJ L 327 No. OJ L 260, 30.9.2008 p. 13.

(3) This Regulation shall not apply to transportable pressure equipment which is subject to railway legislation.

Definitions

§ 3. In this Regulation the following definitions shall apply:

1.

"transportable pressure equipment" means:

a)

all pressure vessels and, where appropriate, their valves and other accessories in accordance with Chapter 6.2 of the ADR or RID,

b)

Tanks, battery vehicles/wagons, multi-element gas containers (MEGC) and, where appropriate, their valves and other accessories according to Chapter 6.8 of the ADR or RID,

where such equipment is in accordance with the provisions of the ADR or RID for the transport of Class 2 gases, other than gases or objects referred to in paragraph 6 or 7, in the classification code, or for the transport of the gases of Class 2, Appendix 1 shall be used as transportable pressure equipment for the purposes of this Regulation, gas cartridges (UN number 2037), but not pressurised gas packages (UN number 1950), open cryogenic containers, gas cylinders for breathing apparatus, fire extinguisher (UN number 1044), transportable pressure equipment other than the subsection 1.1.3.2 of the ADR or RID, as well as transportable pressure equipment which, under the specific provisions of Chapter 3.3 of the ADR or RID, of: the construction and testing requirements for packaging are excluded;

2.

"placing on the market" means the first provision of transportable pressure equipment on the market of the European Union;

3.

"making available on the market" means any delivery of transportable pressure equipment for distribution or use on the market of the European Union in the context of a business or public service, whether in return for payment or free of charge;

4.

"use" means the filling, temporary storage during transport, the emptying and refilling of transportable pressure equipment;

5.

"withdrawal" means any measure intended to prevent transportable pressure equipment from being provided or used on the market;

6.

"recall" means any measure aimed at the effect of the return of transportable pressure equipment already provided by the final consumer;

7.

"manufacturer" means any natural or legal person who produces transportable pressure equipment or parts thereof, or develop or manufacture and market under their own name or brand;

8.

"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;

9.

"importer" means any natural or legal person established in the European Union who places transportable pressure equipment or parts thereof on the market of the European Union from a third country;

10.

"distributor" means any natural or legal person established within the European Union, which provides transportable pressure equipment or parts thereof on the market, with the exception of the manufacturer and the importer;

11.

"owner" means any natural or legal person resident in the European Union who has the right of ownership of transportable pressure equipment;

12.

"operator" means any natural or legal person established within the European Union who uses transportable pressure equipment;

13.

"economic operator" means the manufacturer, the authorised representative, the importer, the distributor, the owner or the operator, acting on behalf of or without payment in the course of a business activity or public service;

14.

"conformity assessment" means the assessment of conformity and the method used for this purpose in accordance with the ADR or RID;

15.

"Pi-marking" means a marking indicating that transportable pressure equipment meets the applicable requirements for conformity assessment in accordance with the ADR or RID and this Regulation;

16.

"reassessment of conformity" means the procedure to verify, at the request of the owner or operator, whether transportable pressure equipment produced and placed on the market before the date of application of the ODGMO, the comply with the relevant provisions;

17.

"periodic review" means the periodic review and the procedures followed in accordance with the ADR or RID;

18.

"intermediate examination" means the intermediate examination and the procedures used for this purpose in accordance with the ADR or RID;

19.

"extraordinary audit" means the extraordinary review and the procedures followed in accordance with the ADR or RID;

20.

"national accreditation body" means the only body in a Member State of the European Union which carries out accreditations on behalf of that State;

21.

"Accreditation" means the confirmation by a national accreditation body that a notified body meets the requirements set out in subsection 1.8.6.8 (2) of the ADR or RID;

22.

"notifying authority" means the authority notified by a Member State of the European Union in accordance with § 18;

23.

"notified body" means a test body which complies with the requirements of the ADR or RID and the requirements of Sections 20 and 26 of this Regulation and which, in accordance with Article 22 of this Regulation or a relevant implementing provision of another Member State, The European Union or a Contracting State of the Agreement on the European Economic Area has been notified;

24.

"notification" means the operation in which an inspection body receives the status of a notified body, and the transmission of that information to the European Commission and the Member States of the European Union;

25.

"market surveillance" means the activities carried out by the authorities and measures taken by them to ensure that transportable pressure equipment during their life cycle meets the requirements of the Dangerous Goods Transport Act-GGBG, BGBl. No 145/1998, as amended, the ADR or RID and this Regulation, and do not constitute a threat to health, safety or other areas of public interest;

26.

"competent authority", "competent national authority", "national supervisory authority" or "market surveillance authority" means the competent authority of the Member State of the European Union for the lawful placing on the market, or market surveillance competent authority; in Austria, these are the authorities in accordance with § 32 of the Kesselgesetz;

27.

"ADR" means the European Convention relating to the International Carriage of Dangerous Goods by Road pursuant to § 2 Z 1 of the GGBG;

28.

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

29.

"ADN" means the European Convention on the International Carriage of Dangerous Goods by Inland Waterways in accordance with § 2 Z 3 of the GGBG;

30.

"Directive 84 /525/EEC": Directive 84 /525/EEC on the approximation of the laws of the Member States relating to seamless steel gas cylinders, OJ L 197, 21.7.1984, p. No. 1., transposed into Austrian law with Annex A.4.1 of the VBV 2002;

31.

"Directive 84 /526/EEC": Directive 84 /526/EEC on the approximation of the laws of the Member States relating to seamless gas cylinders made of unalloyed aluminium and aluminium alloys, OJ L 197, 21.7.1984, p. No. 20., transposed into Austrian law with Annex A.4.1 of the VBV 2002;

32.

"Directive 84 /527/EEC": Directive 84 /527/EEC on the approximation of the laws of the Member States relating to welded gas cylinders of unalloyed steel, OJ L 197, 21.7.1984, p. No. 48, transposed into Austrian law with Annex A.4.1 of the VBV 2002;

33.

"Directive 1999 /36/EC": Directive 1999 /36/EC on transportable pressure equipment, OJ L 206, 22.7.1999, p. No. 20., transposed into Austrian law with the ODGMO;

34.

"Regulation (EC) No 765/2008": Regulation (EC) No 765/2008 laying down the rules for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, OJ L 327, 31.12.2008, p. No. OJ L 218, 13.8.2008 p.30.

Asset-related requirements

§ 4. This Regulation shall maintain plant-related requirements for the medium or long term storage or the use of transportable pressure equipment in installations which do not meet additional requirements for the transportable pressure equipment itself. shall be unaffected.

Section 2

Duties of economic operators

Obligations of the manufacturer

§ 5. A manufacturer placing transportable pressure equipment on the market shall ensure that the equipment is designed and manufactured in accordance with the requirements laid down in the ADR or RID and in this Regulation, and that the necessary equipment is required to: Documents are created.

(2) Where it has been demonstrated by the conformity assessment procedure laid down in the ADR or RID and in this Regulation that the transportable pressure equipment meets the applicable requirements, it shall have the manufacturer with the Pi marking in accordance with § 16 of this Regulation.

(3) The manufacturer must keep the technical documentation referred to in the ADR or RID available during the period specified therein.

(4) A manufacturer who is of the opinion or has reason to believe that transportable pressure equipment placed on the market does not comply with the ADR, RID or the provisions of this Regulation shall immediately apply the corrective measures to: in order to ensure the conformity of the transportable pressure equipment, to withdraw it or to recall it if it is appropriate. In addition, where hazards are associated with transportable pressure equipment, the manufacturer shall immediately inform the competent national authorities of the Member States of the European Union in which the transportable pressure equipment is placed on the market. , and shall provide detailed information, in particular on the non-compliance and the corrective measures taken.

(5) The manufacturer must document all cases of non-compliance and all corrective measures.

(6) The manufacturer must, at the request of the competent authority, provide the competent authority with all the information and documentation necessary for the verification of the conformity of the transportable pressure equipment in a language which he/she shall be required to provide: competent authority can be easily understood. The manufacturer shall cooperate with this authority, at the request of that authority, in all measures relating to the use of hazards associated with the transportable pressure equipment which it places on the market. The information and documents referred to in this paragraph shall be made available in German for transportable pressure equipment intended to be available on the market in Austria.

(7) The information provided by the manufacturer to the operator shall be in accordance with the requirements laid down in the ADR or RID and in the requirements laid down in this Regulation.

Plenipotentiaries

§ 6. (1) A manufacturer may designate an authorised representative in writing. The obligations pursuant to § 5 (1) and (2) and the preparation of the technical documentation may not be part of the order of an authorised representative.

(2) An authorised representative shall carry out the tasks laid down on behalf of the manufacturer. The contract shall enable the authorised representative to carry out at least the following tasks:

1.

To keep the technical documentation available to the national supervisory authorities for at least the period laid down in the ADR or RID for manufacturers.

2.

On the basis of a reasoned request from a competent national authority, the presentation of all the information and documentation necessary for the verification of the conformity of the transportable pressure equipment, in a language used by the competent national authority responsible for the verification of conformity of the transportable pressure equipment. national authority can easily be understood. For transportable pressure equipment, which are intended for provision on the market in Austria, this information and documents must be carried out in German.

3.

At the request of the competent national authorities, cooperation in all areas of responsibility for the use of hazards associated with transportable pressure equipment.

(3) The identity and address of the authorised representative must be indicated in the certificate of conformity in accordance with the ADR or RID.

(4) The information provided by the authorised representative to the operator shall be in accordance with the requirements laid down in the ADR or RID and with the requirements laid down in this Regulation.

Obligations of the importer

§ 7. (1) The importer may place in the European Union only transportable pressure equipment which complies with the ADR or RID and with the provisions of this Regulation.

(2) Before placing transportable pressure equipment on the market, the importer shall ensure that the conformity assessment procedure in question has been carried out by the manufacturer. It shall ensure that the manufacturer has drawn up the technical documentation, that the transportable pressure equipment is marked with the Pi marking and that the certificate of conformity is attached to them in accordance with the ADR or RID. Where a importer considers or has reason to believe that the transportable pressure equipment does not comply with the ADR, RID or the provisions of this Regulation, it shall not place such transportable pressure equipment on the market before its Compliance is established. Where there is a risk associated with the transportable pressure equipment, the importer shall inform the manufacturer and the market surveillance authorities.

(3) The importer shall indicate in the certificate of conformity, in accordance with the ADR, RID or in a document accompanying that certificate, his name and the address under which he may be contacted.

(4) As long as transportable pressure equipment is in its responsibility, the importer shall ensure that the storage or transport conditions do not comply with the conformity of the equipment with the requirements of the ADR or RID. shall be affected.

(5) A importer who considers or has reason to believe that transportable pressure equipment placed on the market does not comply with the ADR, RID or the requirements of this Regulation shall immediately have the necessary To take corrective measures to ensure the conformity of the transportable pressure equipment, to withdraw it or to recall it if it is appropriate. In addition, the importer shall immediately inform the competent national authorities of the Member States of the European Union in which the transportable pressure equipment is placed on the market, where the transportable pressure equipment is connected to the risks. shall be informed and shall provide detailed information, in particular on the non-compliance and the corrective measures taken. The importer has to document all cases of non-compliance and all corrective measures.

(6) The importer shall keep a copy of the technical documentation available to the market surveillance authorities for a period of time at least equal to the one set out in the ADR or RID for producers and shall ensure that he/she is the technical documentation may be submitted on request.

(7) The importer shall, at the request of the competent national authority, issue to the competent national authority all the information and documents necessary for the verification of the conformity of the transportable pressure equipment in a language which shall: this competent national authority can easily be understood. The importer shall cooperate with that authority, at the request of that authority, in all measures relating to the use of hazards associated with the transportable pressure equipment which it places on the market. The information and documents referred to in this paragraph shall be made available in German for transportable pressure equipment intended to be available on the market in Austria.

(8) The information provided by the importer to the operator shall be in accordance with the requirements laid down in the ADR or RID and with the requirements laid down in this Regulation.

Obligations of the trader

§ 8. (1) The distributor shall provide on the market of the European Union only transportable pressure equipment which complies with the ADR or RID and with the provisions of this Regulation. Before providing transportable pressure equipment on the market, the distributor shall verify that the equipment is marked with the Pi marking and that the certificate of conformity and the contact address referred to in Article 7 (3) of this Regulation are certified by the distributor. shall be enclosed. Where a distributor considers or has reason to believe that the transportable pressure equipment does not comply with the ADR, RID or the provisions of this Regulation, it may not provide these transportable pressure equipment on the market; before their conformity is established. Moreover, where there is a risk associated with the transportable pressure equipment, the distributor shall also inform the manufacturer or importer and the market surveillance authorities.

(2) As long as transportable pressure equipment is in its responsibility, the distributor shall ensure that the storage or transport conditions do not comply with the conformity of the equipment with the requirements of the ADR or RID. shall be affected.

(3) A distributor who considers or has reason to believe that transportable pressure equipment provided by him on the market does not comply with the ADR, RID or the provisions of this Regulation shall ensure that the shall be taken in order to ensure the conformity of the transportable pressure equipment and, if necessary, to withdraw it or to recall it. In addition, where there is a risk of the transportable pressure equipment, the distributor shall immediately inform the manufacturer, if necessary the importer, and the competent national authorities of the Member States of the European Union in which he/she is responsible, made available on the market transportable pressure equipment, providing detailed information, in particular on the non-compliance and the corrective measures taken. The distributor has to document all cases of non-compliance and all corrective measures.

(4) The distributor shall, at the request of the competent national authority, issue to the competent national authority all the information and documentation necessary for the verification of the conformity of the transportable pressure equipment in a language which shall be: this competent national authority can easily be understood. The distributor shall cooperate with that authority, at the request of the latter, in all measures relating to the use of hazards associated with the transportable pressure equipment which it supplies on the market. The information and documents referred to in this paragraph shall be made available in German for transportable pressure equipment intended to be available on the market in Austria.

(5) The information provided by the distributor to the operator shall be in accordance with the requirements laid down in the ADR or RID and in the requirements laid down in this Regulation.

Duties of the owner

§ 9. (1) Where an owner is of the opinion or has reason to believe that the transportable pressure equipment does not comply with the ADR or RID, including the requirements relating to the recurrent test, or the provisions of this Regulation , it may not supply these transportable pressure equipment on the market or use it before its conformity is established. Where there is a risk associated with the transportable pressure equipment, the owner shall also inform the manufacturer or importer, as well as the market surveillance authorities. The owner documents all cases of non-compliance and all corrective measures.

(2) As long as transportable pressure equipment is in its responsibility, the owner shall ensure that the storage or transport conditions do not comply with the conformity of the equipment with the requirements of the ADR or RID. shall be affected.

(3) The information provided by the owner to the operator shall be in accordance with the requirements laid down in the ADR or RID and in the requirements laid down in this Regulation.

(4) The provisions of this paragraph shall not apply to private persons who intend or intend to use transportable pressure equipment for private or domestic use, or for leisure or sports purposes.

Obligations of the operator

§ 10. (1) The operator may only use transportable pressure equipment which complies with the ADR or RID and with the provisions of this Regulation.

(2) Where there is a risk associated with the transportable pressure equipment, the operator shall inform the owner and the market surveillance authorities.

Circumstances under which the obligations of the manufacturer are also applicable to the importer and the distributor

§ 11. A importer or distributor shall be deemed to be a producer for the purposes of this Regulation and shall be subject to the obligations of a manufacturer in accordance with § 5 if he places transportable pressure equipment on the market under his or her own name or trademark or locally moving pressure equipment already on the market, so that conformity with the applicable requirements can be affected.

Identification of economic operators

§ 12. The economic operators shall have at their request the market surveillance authority for a period of at least 10 years

1.

all economic operators from which they referred to transportable pressure equipment,

2.

all economic operators to which they have delivered transportable pressure equipment,

,

Section 3

Conformity of transportable pressure equipment

Conformity and conformity assessment

§ 13. (1) The transportable pressure equipment referred to in Article 1 (1) (1) (1) shall comply with the relevant requirements for conformity assessment and the periodic tests, intermediate tests and extraordinary tests carried out in the ADR or RID and in sections 3 and 4 of this Regulation.

The transportable pressure equipment referred to in Article 1 (1) (2) (2) shall be in conformity with the specifications of the technical documentation according to which the equipment has been manufactured. The equipment shall be subject to periodic inspections, intermediate examinations and extraordinary tests, in accordance with the ADR or RID and the requirements of Sections 3 and 4 of this Regulation.

The conformity assessment and reassessment certificates issued by a notified body, and reports on the periodic audits, intermediate audits and special audits, shall apply in all Member States of the European Union. Removable parts of refillable transportable pressure equipment may be subject to a separate conformity assessment.

Reassessment of compliance

§ 14. The conformity of the transportable pressure equipment referred to in Article 1 (1) (1) (3) which has been manufactured and put into service before the date of application of the ODGMOs may be carried out in accordance with the procedure for the reassessment of conformity in accordance with Appendix 2 shall be re-evaluated. The Pi marking shall be made in accordance with Appendix 2 .

General principles of Pi marking

§ 15. (1) The Pi marking shall be exclusively from the manufacturer or in the case of the reassessment of conformity in accordance with Appendix 2 . In the case of gas cylinders which already comply with the requirements of Annex A.4.1 of the VBV 2002, the Pi marking shall be affixed by the notified body or under the supervision of the notified body.

(2) The Pi marking may only be affixed to transportable pressure equipment, which

1.

comply with the conformity assessment requirements laid down in the ADR or RID and in this Regulation; or

2.

comply with the requirements for reassessment of conformity referred to in Article 14.

Other transportable pressure equipment shall not be marked with this marking.

(3) By affixing or bringing in the Pi marking, the manufacturer shall indicate that he is responsible for the conformity of the transportable pressure equipment with all relevant requirements of the ADR or RID and this Regulation takes over.

(4) For the purposes of this Regulation, the Pi marking shall be the only marking to certify the conformity of the transportable pressure equipment with the relevant requirements of the ADR or RID and this Regulation.

(5) The affixing of markings, signs or inscriptions, the meaning or form of which may be confused by third parties with the meaning or form of the Pi marking, shall be prohibited on transportable pressure equipment. Any other marking may be affixed to transportable pressure equipment, provided that it does not adversely affect the visibility, legibility and significance of the Pi marking.

(6) The Pi marking shall be affixed to removable parts of refillable transportable pressure equipment which has a direct safety function.

Rules and conditions for the affixing of the Pi marking

§ 16. (1) The Pi marking shall consist of the following symbol in the form shown:

Pi characters

(2) The minimum height of the Pi marking shall be 5 mm. In the case of transportable pressure equipment having a diameter of 140 mm or less, the minimum height of the pressure equipment is 2.5 mm.

(3) The proportions resulting from the grid set out in paragraph 1 must be complied with. The grid does not belong to the label.

(4) The Pi marking shall be clearly visible, legible and permanently affixed to the transportable pressure equipment or to its label and to the removable parts of the refillable transportable pressure equipment, which shall have a direct bearing on the Security function.

(5) The Pi marking shall be affixed before any new transportable pressure equipment or removable parts of refillable transportable pressure equipment with immediate safety function are placed on the market.

(6) After the Pi marking, the identification number of the notified body which was switched on at the time of the first examination shall be indicated. The identification number of the notified body must be affixed either by the body itself or by the manufacturer's instructions.

(7) In addition to the date of the periodic examination or, where appropriate, the intermediate examinations, the identification number of the notified body responsible for the periodic examination shall be indicated.

(8) In the case of gas cylinders which comply with the requirements of Annex A.4.1 of the VBV 2002 and are not marked with the Pi marking, the first periodic examination in accordance with this Regulation shall, after the Pi marking, be the identification number of the competent notified body.

Free movement of transportable pressure equipment

§ 17. Without prejudice to the safeguard clauses provided for in Articles 29 and 30 and to the legal framework for market surveillance laid down in Regulation (EC) No 765/2008, the free movement, provision on the market and the use of such products shall be subject to the following conditions: non-prohibiting transportable pressure equipment which complies with this Regulation or any legislation of another Member State of the European Union with which it transposed Directive 2010 /35/EU into its national law, are limited or disabled.

Section 4

Notifying Authority and notified bodies

Notifying Authority

§ 18. (1) Notifying authority for the bodies to be notified in accordance with this Regulation shall be the Federal Minister for Economic Affairs, the Family and Youth.

(2) The assessment and monitoring of the bodies referred to in paragraph 1 shall be carried out by the national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008.

Information to be provided by the notifying authority

§ 19. The Federal Minister for Economic Affairs, the Family and Youth shall inform the European Commission of its procedures for the evaluation, notification and monitoring of notified bodies and of any changes to such information. The European Commission shall publish this information. The procedures for the evaluation, notification and monitoring of notified bodies, as well as of changes, shall be available in the information published by the European Commission.

Requirements for notified bodies

§ 20. The notified body shall, for the purposes of the notification, comply with the requirements laid down in the ADR or RID and in this Regulation.

(2) The notified body must be established under Austrian law and be endowed with legal personality.

(3) The notified body shall have:

1.

in the relevant standardisation work and

2.

participate in the notified bodies established in accordance with § 28, or ensure that their assessment staff are informed thereof.

(4) The notified body shall apply the administrative decisions and documents drawn up by the coordination group as general guidelines.

Request for notification

§ 21. (1) A first inspection body according to § 20 Kesselgesetz or A boiler inspection body according to § 21 of the Kesselgesetz (Kesselgesetz) has to submit a request for its notification in accordance with § 18 (1) of the German Federal Minister for Economic Affairs, Family and Youth.

(2) The application shall be accompanied by:

1.

a description of the activities

a)

for first inspection bodies in the context of conformity assessment, extraordinary testing and reassessment of conformity,

b)

for boiler test stations in connection with the periodic tests and the intermediate audits;

2.

a description of the procedures relating to Z 1;

3.

a description of the transportable pressure equipment, for which the body requires competence;

4.

the letter of accreditation issued by the national accreditation body and certifying compliance with the requirements laid down in § 20.

Notification procedure

§ 22. (1) The Federal Minister for Economic Affairs, the Family and Youth as the notifying authority only has only the first and/or the to notify the boiler inspection bodies which meet the requirements of § 20.

(2) The notification shall be made to the European Commission and to the other Member States of the European Union by means of the electronic instrument developed and managed by the European Commission.

(3) The notification shall contain the information required in Article 21 (2).

(4) The initial and/or The boiler inspection body may carry out the tasks of a notified body only if neither the European Commission nor the other Member States of the European Union have objected to it within two weeks of this notification. Only those bodies shall be deemed to be the notified body for the purposes of this Regulation.

(5) The Federal Minister for Economic Affairs, the Family and Youth, as the notifying authority, shall notify the European Commission and the other Member States of the European Union of any subsequent amendment to the notification.

(6) Operating internal audit services of the applicant according to the definition of the ADR or RID may not be notified.

Identification number and list of notified bodies

§ 23. (1) A identification number shall be assigned to the notified body by the European Commission. Even if a body is notified of a number of European Union legislation, it will receive only one identification number.

(2) The European Commission shall publish the list of the bodies notified under this Regulation together with the identification numbers assigned to them and the activities for which they have been notified. The list will be updated by the European Commission.

Amendment of the notification

§ 24. (1) If the Federal Minister for Economic Affairs, the Family and Youth is identified as notifying authority or is informed that a notified body no longer fulfils the requirements referred to in Article 20 or that it does not fulfil its obligations, , where appropriate, it shall restrict, suspend or revoke the notification, taking into account the extent to which those requirements have not been met or where such obligations have not been met. He shall immediately inform the European Commission and the other Member States of the European Union.

(2) In the event of a revocation, restriction or suspension of the notification or, if the notified body cees its activity, the Federal Minister for Economic Affairs, Family and Youth shall take the appropriate measures to ensure that the competent authority is notified of the necessary measures to ensure that the ensure that the documentation of that body is further processed by another notified body, or shall be kept ready for the competent notifying authorities and market surveillance authorities at the request of the competent authorities.

Challenge to the competence of notified bodies

§ 25. (1) The European Commission shall all cases in which it doubts the competence of a notified body or the permanent fulfilment of the relevant requirements and obligations by a notified body, or its doubts as to the Knowledge is being investigated.

(2) The Federal Minister for Economic Affairs, the Family and Youth, as the notifying authority, shall, in cooperation with the national accreditation body of the European Commission, provide, upon request, all information on the basis of the notification, or the preservation of the competence of the body concerned.

(3) The Federal Minister for Economic Affairs, the Family and Youth, as the notifying authority, shall, if necessary, take corrective action, including a withdrawal of the notification, on the basis of the European Commission's determination.

Obligations of notified bodies with regard to their activities

§ 26. (1) The notified body shall carry out conformity assessments, periodic tests, intermediate audits and extraordinary tests in accordance with the conditions of their notification and the procedures laid down in the ADR or RID.

(2) The notified body shall have re-evaluations of conformity in accordance with Appendix 2 ,

A body notified by a Member State of the European Union shall have the right to operate in all Member States of the European Union. Without prejudice to Article 18 (2), the notifying authority which has carried out the initial assessment and notification shall remain responsible for the monitoring of the current activities of the notified body.

Reporting requirements of the notified body

§ 27. (1) The notified body shall report to the notifying authority:

1.

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

2.

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

3.

any request for information on the activities carried out by the market surveillance authorities;

4.

at the request of the activities carried out within the scope of their notification and the other activities, including cross-border activities and the award of subcontracting, carried out.

2. The notified bodies shall have the other bodies covered by Directive 2010 /35/EU on transportable pressure equipment and repealing Directives 76 /767/EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC, OJ L 206, 22.7.1999, p. No. 1., and similar activities related to conformity assessment and recurrent audits, intermediate audits and extraordinary tests, and the same transportable pressure equipment , to provide relevant information on the negative and on request also on the positive results of conformity assessments.

Coordination of notified bodies

§ 28. The notified bodies shall be directly or indirectly involved in the sectoral group of notified bodies established by the European Commission for the coordination and cooperation between the notified bodies.

Section 5

Protection Klauselverfahren

Method for the treatment of transportable pressure equipment with which a hazard is associated

§ 29. (1) The authorities shall take the following measures in the case of transportable pressure equipment with which there is a risk:

1.

Where the competent authority referred to in Article 32 of the Kesselgesetz (Kesselgesetz) has become active in accordance with Article 20 of Regulation (EC) No 765/2008, or has sufficient reason to believe that transportable pressure equipment regulated by this Regulation is subject to health or safety of persons and property, it shall assess whether the transportable pressure equipment in question meets all the requirements laid down in this Regulation.

2.

The economic operators concerned shall cooperate with the Authority to the extent necessary by also providing access to their premises and, if necessary, providing samples.

3.

If, in the course of that assessment, the Authority concludes that the transportable pressure equipment does not meet the requirements of the ADR or RID and the requirements of this Regulation, it shall immediately inform the economic operator concerned of the requirements of the ADR or RID. to take all appropriate corrective measures in order to ensure that the transportable pressure equipment complies with these requirements, within a time-limit prescribed by the authorities and appropriate to the nature of the risk, to be taken by the authorities, To take or recall the market. When setting such measures, Article 21 of Regulation (EC) No 765/2008 should be taken into account.

4.

The Authority shall inform the notified body, where appropriate, involved in the conformity assessment procedure.

(2) In the case of non-compliance with transportable pressure equipment which is not restricted to the territory of the Republic of Austria, the following procedures shall apply:

1.

The competent authority pursuant to § 32 of the Kesselgesetz (Kesselgesetz) shall inform the Federal Minister for Economic Affairs, Family and Youth of the results of the assessment, the measures taken and the relevant information for this.

2.

If the Federal Minister for Economic Affairs, Family and Youth considers that the non-compliance is not confined to the territory of the Republic of Austria, it shall inform the European Commission and the other Member States of the European Union on the results of the evaluation and on the measures to which the economic operator has been asked.

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

(4) If the non-compliance of transportable pressure equipment continues, the following procedures shall apply:

1.

If the economic operator concerned fails to take appropriate corrective measures within the time limit laid down in accordance with paragraph 1 (3), the competent authority shall take all appropriate provisional measures to ensure that the location of the mobile operator is available. to prohibit or restrict pressure equipment, to withdraw or withdraw the equipment from the market and to inform the Federal Minister for Economic Affairs, Family and Youth.

2.

The Federal Minister for Economic Affairs, Family and Youth assesses the measures and information. If the Federal Minister considers that the non-compliance with the measures provided by the reporting authority alone cannot be remedied, he shall take further administrative measures relating to the placing on the market and the Commissioning of the relevant transportable pressure equipment.

3.

The Federal Minister for Economic Affairs, the Family and Youth shall inform the European Commission and the other Member States of the European Union immediately of the measures taken as a whole.

(5) The information referred to in paragraph 2 (2) (1) and (4) (3) shall contain all the information available, in particular the data for the identification of non-conforming transportable pressure equipment, the origin of the equipment, the nature of the claims. Non-compliance and the risk, as well as the nature and duration of the national measures taken, and the arguments put forward by the relevant economic operator. In particular, the information shall include whether the non-compliance is due to the fact that:

1.

the transportable pressure equipment does not meet the health or safety requirements laid down in the ADR or RID and in this Regulation in respect of the health or safety of persons or other aspects of public interest to which protection is given, or

2.

the standards or technical regulations referred to in the ADR, RID or GGBG, in connection with transportable pressure equipment, are inadequate.

(6) Neither a Member State of the European Union nor the European Commission, within two months of receipt of the information referred to in paragraph 4 (3) (3), shall have an objection to the measures taken pursuant to paragraph 4 (1) (1) or (2) of this Article , the measures shall be deemed to be justified.

(7) Where, after the conclusion of the procedure referred to in paragraph 4 (3), objections have been raised against the measures taken by other Member States of the European Union, or if the European Commission considers that these measures are subject to a binding The European Commission is not in a position to comply with the legal act of Article 30 (1) of the European Union.

(8) Measures adopted by other Member States of the European Union in accordance with a safeguard clause procedure and further information on the non-compliance of transportable pressure equipment shall be provided by the Federal Minister for Economic Affairs, the Family and the Youth and, if necessary, require the authorities to take the appropriate restrictive measures with regard to the relevant transportable pressure equipment without delay, such as the withdrawal of the equipment from the market. If the Federal Minister for Economic Affairs, the Family and Youth does not agree with the measures taken by other Member States of the European Union, he shall inform the European Commission of its objections.

European Union protection policy

§ 30. (1) Where objections have been raised against a market surveillance measure taken by a Member State of the European Union, or if the European Commission considers that this national measure is not subject to a legally binding act of the European Union , the European Commission shall immediately consult the Member States of the European Union and the economic operator concerned, or the economic operators concerned and shall carry out an assessment of the national measure. On the basis of the results of this assessment, the European Commission shall take a decision and indicate whether the national measure is justified or not. If measures taken by Austrian authorities are concerned, the Federal Minister for Economic Affairs, Family and Youth is representing the Austrian position. The European Commission shall make its decision to all the Member States of the European Union and shall immediately inform them and the economic operator/s concerned thereof.

(2) If the European Commission considers that the measure taken is justified, the Federal Minister for Economic Affairs, the Family and Youth shall, in the case of Austrian concern, take the necessary measures or continue in order to: to ensure that the non-compliant transportable pressure equipment is withdrawn from the market. The Federal Minister for Economic Affairs, the Family and Youth informs the European Commission about this. If the European Commission considers that a measure taken by the Austrian authorities is not justified, this measure should be withdrawn if necessary.

(3) If a measure taken by a Member State of the European Union is deemed to be justified and the non-compliance of the transportable pressure equipment is justified by deficiencies in the standards referred to in Article 29 (5) Z 2, the European Parliament shall inform the Commission the relevant European standards body or the relevant European standardisation bodies and may, in accordance with Article 5 of Directive 98 /34/EC on information procedures in the field of technical standards and regulations, OJ L 98, 30.4.1998, p. No. OJ L 204, 21.07.1998 p. 37, as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. OJ No L 217, 05.08.1998 p. 18, on the issue. The Austrian position will be adopted in accordance with the Federal Act on the implementation of an information procedure in the field of technical regulations, the rules on information society services and standards (Notification Act) 1999-NotifG 1999), BGBl. I n ° 183/1999, as amended, by the Federal Minister for Economic Affairs, the Family and Youth. This Committee may, before giving its opinion, the appropriate European standards body or consult the relevant European standardisation bodies.

Endangering health and safety by compliant transportable pressure equipment

§ 31. (1) The authorities shall take the following measures in the case of transportable pressure equipment with which there is a risk:

1.

If the competent authority in accordance with Section 32 of the Kesselgesetz (Kesselgesetz) establishes that transportable pressure equipment poses a danger to the health or safety of people and property in the sense of Section 1 of the Kesselgesetz (Kesselgesetz), even though it is in contact with the ADR, RID or with the requirements referred to in GGBG in connection with transportable pressure equipment and in accordance with this Regulation, the Authority shall require the economic operator concerned to take all appropriate measures to: in order to ensure that the transportable pressure equipment in question is their placing on the market no longer present this risk or that they are withdrawn or recalled from the market within a reasonable, reasonable period of time which the Authority may require.

2.

The Authority shall inform the Federal Minister for Economic Affairs, Family and Youth of the measures taken and of the relevant information.

3.

The Federal Minister for Economic Affairs, Family and Youth assesses the measures and information. If the Federal Minister for Economic Affairs, Family and Youth is of the opinion that the non-compliance with the measures provided by the reporting authority cannot be remedied alone, he shall take further administrative measures in respect of: the placing on the market and the putting into service of the transportable pressure equipment concerned.

(2) The economic operator shall ensure that the corrective measures taken extend to all the relevant transportable pressure equipment which it has provided or uses in the European Union on the market.

(3) The Federal Minister for Economic Affairs, the Family and Youth shall immediately inform the European Commission and the other Member States of the European Union of the measures taken in accordance with paragraph 1. This information shall indicate all available information, in particular the data for the identification of the transportable pressure equipment concerned, its origin, its supply chain, the nature of the hazard, and the nature and duration of the action taken. national measures.

(4) The European Commission shall immediately consult the Member States of the European Union and the economic operator concerned, or the economic operators concerned and carry out an assessment of the national measure taken. On the basis of the results of this assessment, the European Commission shall decide whether the measure is justified or not, and, if necessary, propose appropriate measures. The Federal Minister for Economic Affairs, the Family and Youth represents the Austrian position and, if necessary, implements the decision of the European Commission.

Formal non-compliance

§ 32. (1) Without prejudice to § 29, the Authority shall require the economic operator concerned to correct the non-conformity in question if it finds one of the following cases:

1.

the Pi marking has been affixed to non-compliance with § § 13 to 16;

2.

the Pi marking has not been affixed;

3.

the technical documentation is either not available or incomplete;

4.

the requirements of the ADR or RID and of this Regulation have not been met.

(2) If the non-compliance referred to in paragraph 1 continues, the competent authority concerned shall take all appropriate measures to restrict or prohibit the provision of transportable pressure equipment on the market or to ensure that it is is recalled or withdrawn from the market.

Section 6

Final provisions

Transitional provisions

§ 33. Devices of transportable pressure equipment intended for connection to other devices, as well as the colour marking of transportable pressure equipment, have to be carried out in accordance with the provisions of the VBV 2002, as amended.

Recognition of equivalence

§ 34. (1) According to Appendix A.4.1 of the Ordinance on Shipment Vesticots 1996-VBV 1996, BGBl. N ° 368/1996, as amended by the BGBl Regulation. II No 92/2000, EEC type approvals for bottles issued in accordance with Annex A.4.1 of VBV 2002 and EC design examination certificates issued in accordance with the ODGMO are equivalent to the type-approval certificates referred to in the ADR and RID However, they shall be subject to the provisions laid down in the ADR and RID on a time-limited recognition of the type approval.

(2) Valves and equipment according to § 8 (4) ODGMO, which according to § 11 (2) of the ODGMO with the mark according to Annex VI of the Pressure Equipment Ordinance-DGMO, BGBl. II No 426/1999, may continue to be used.

Gender neutrality

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

entry into force

§ 36. (1) § 21 (2) Z 4 shall apply by 1 January 2012 at the latest.

(2) This Regulation shall apply from 1 July 2013 at the latest to pressure vessels, their valves and other accessories intended for the transport of substances of the UN No 1745, UN No. 1746 and UN No. 2495.

Override

§ 37. With the entry into force of this Regulation, the local pressure equipment regulation (ODGMO), BGBl, is to enter into force. II No 291/2001, as amended by the BGBl Regulation. II No 496/2003, Annex A.4.1 of the Regulation 2002 (VBV 2002), Federal Law Gazette (BGBl). II No 202/2002, as amended by the BGBl Regulation. II No 347/2005, and the Regulation on the Recognition of Foreign Exams on Pressure Equipment, BGBl. No 561/1994, as amended by the BGBl Regulation. II No 496/2003, except for force.

Implementation Notice

§ 38. This Regulation is intended to implement Directive 2010 /35/EU on transportable pressure equipment and repealing Directives 76 /767/EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC, OJ L 206, 22.7.1999, p. No. OJ L 165, 30.6.2010 p.1.

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