Transportable Pressure Equipment Regulation 2011 - Odgv 2011

Original Language Title: Ortsbewegliche Druckgeräte Verordnung 2011 - ODGV 2011

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239 Ordinance of the Federal Minister for economy, family and youth on transportable pressure equipment (transportable pressure equipment regulation 2011 - ODGV 2011)

On the basis of § 3 paragraph 3, 6, 7, 19, 24 and 25 of the boilers Act, Federal Law Gazette No. 211/1992, as amended by Federal Law Gazette I no. 80/2007, and of articles 9, paragraph 3, 10 para 3 and 22 of the accreditation Act - AkkG, Federal Law Gazette No. 468/1992, in the version of Federal Law Gazette I is no 85/2002, prescribed:

Section 1

Scope and definitions

Scope

1. (1) this Regulation shall apply for



1. new transportable pressure equipment in accordance with § 3 Z 1, the not the conformity marking in Annex A. 4.1 the shipping container Regulation 2002 (VBV 2002), Federal Law Gazette II No. 202/2002, as amended by regulation BGBl. II No. 347/2005, specified EEC guidelines or the transportable pressure equipment Ordinance - ODGVO, Federal Law Gazette II No. 291/2001, fill in the version of regulation BGBl. No. 496/2003, II, in terms of the provision on the market;

2. transportable pressure equipment in accordance with § 3 Z 1, the conformity marking in accordance with this regulation, or in accordance with the in Annex A. 4.1 the VBV 2002-led EEC directives or the ODGVO wear, with regard to the periodic inspections, intermediate inspections and extraordinary tests;

3. transportable pressure equipment in accordance with § 3 Z 1, wearing not the conformity marking in accordance with the ODGVO, with regard to the reassessment of conformity.

(2) references to sections or chapters of ADR or RID in this Regulation apply as references to those provisions of ADN re referencing the appropriate section of the COR.

Exceptions from the scope

2. (1) this Regulation shall not apply to transportable pressure equipment which were brought before the date of application of the ODGVO on the market and subjected any reassessment of conformity.

(2) this regulation does not apply the Directive 2008/68/EC on the transport of dangerous goods in inland, OJ for transportable pressure equipment, solely for the transport of dangerous goods between Member States of the European Union and third countries in accordance with article 4 No. L 260 by the 30 September 2008 page 13, are used.

(3) this Regulation shall not apply to transportable pressure equipment, are subject to the regulations of the railway.

Definitions

§ 3. In this regulation, the term may refer to



1. "transportable pressure equipment": a) all pressure vessels and, where appropriate, their valves and other accessories according to Chapter 6.2 of ADR or RID, b) tanks, battery vehicles /-car gas containers (MEGCs) for several features and, where appropriate, their valves and other accessories according to Chapter 6.8 of ADR or RID, as long as these devices in accordance with the provisions of ADR or RID for the carriage of gases of class 2 , excluding gases or articles with figures 6 and 7 in the classification code, or for the carriage of dangerous substances of other classes referred to in Appendix 1 shall be used; as transportable pressure equipment within the meaning of this Regulation apply gas cartridges (UN No. 2037), but not aerosols (UN No. 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No. 1044), transportable pressure equipment, which according to subsection 1.1.3.2 of ADR or RID are excluded, and transportable pressure equipment due to the special provisions in Chapter 3.3 of ADR or RID the construction and testing of packaging are excluded;

2. "placing on the market': the first making available of transportable pressure equipment on the market of the European Union;

3. "Making available on the market": any payment or free of charge of transportable pressure equipment for distribution or use on the market of the European Union in the context of a business activity or public service;

4. "Use": the filling, temporary storage during carriage, emptying and refilling of transportable pressure equipment;

5. "Redemption": any measure with the transportable pressure equipment on the market, provided or used should be prevented

6 "Callback": any measure aimed at achieving the return of the consumer already supplied transportable pressure equipment;

7 'Manufacturer': any natural or legal person who manufactures transportable pressure equipment or parts thereof or develop or manufactured and marketed under their own name or trademark;

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

9 "importer": each natural or legal person established in the European Union, brings transportable pressure equipment or parts thereof, of a third country on the market of the European Union;

10 'Distributor': each resident within the European Union, natural or legal person, providing transportable pressure equipment or parts thereof on the market, with the exception of the manufacturer and the importer;

11 "Owner": each natural or legal person established in the European Union, has ownership of transportable pressure equipment;

12 'Operator': each natural or legal person established in the European Union, used transportable pressure equipment;

13 "Economic operator": for a consideration or free of charge in the acting part of a business activity or public service manufacturers representatives, importers, distributors, owners, or operators;

14 "Conformity assessment": the evaluation of the conformity and the procedures that applied in accordance with the ADR or RID;

15 "Pi marking": a marking which indicates that transportable pressure equipment comply with the applicable requirements for conformity assessment in accordance with the ADR or RID and this regulation;

16 "Reassessment of conformity": the process in which at the request of the owner or operator in hindsight, verifies whether transportable pressure equipment, which were manufactured and placed on the market before the date of application of the ODGVO, meet the relevant provisions;

17 "periodic inspection": the periodic inspection and the procedures that applied in accordance with the ADR or RID;

18 "Midterm": the Foundation examination and the procedures that applied in accordance with the ADR or RID;

19 "extraordinary examination": the extraordinary review and the procedures that applied in accordance with the ADR or RID;

20th "national accreditation body": the only place in a Member State of the European Union, that performs accreditation on behalf of that State;

21 "Accreditation": the confirmation by a national accreditation body that a notified body meets the requirements referred to in subsection 1.8.6.8 paragraph 2 of ADR or RID;

22 "notifying authority": the notified by a Member State of the European Union authority in accordance with article 18;

23 "notified body": a body that meets the requirements of ADR or RID and the provisions of §§ 20 and 26 of this regulation and notified in accordance with article 22 of this regulation or a relevant implementation legislation of another Member State of the European Union or of a Contracting State of the agreement on the European economic area;

24 "Notification": the process in which a testing laboratory receives the status of a notified body, and the transfer of this information to the Commission and the Member States of the European Union;

25 "Market surveillance": the activities carried out by the authorities and measures taken by them, which is to ensure that transportable pressure equipment during its life cycle with the requirements of the hazardous goods transport Act - GGBG, BGBl. No. 145/1998, in the current version, of ADR or RID and this regulation match and protected areas represent no danger to the health, safety or others in the public interest;

26 "competent authority", "competent authority", "national monitoring authority" or "Market surveillance authority": the authority in the Member State of the European Union for legal placing on the market or the market surveillance; in Austria the authorities referred to in section 32 are boiler law;

27 "COR": European Agreement concerning the international carriage of dangerous goods by road in accordance with § 2 No. 1 of GGBG;

28 "RID": rules for the international carriage of dangerous goods, annex C to the agreement on the international carriage by rail (COTIF) according to § 2 No. 2 of the GGBG;

29 "ADN": European Agreement concerning the international carriage of dangerous goods on inland waterways according to § 2 No. 3 of GGBG;

30 'Directive 84/525/EEC': Directive 84/525/EEC on the approximation of the laws of the Member States relating to seamless gas cylinders made of steel, OJ No. L 300 from the 19.11.1984 p.1, transposed into Austrian law with Annex A. 4.1 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 of unalloyed aluminum and aluminium alloys, OJ No. L 300 from the 19.11.1984 p. 20, transposed into Austrian law with Annex A. 4.1 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 cylinders made of unalloyed steel, OJ No. L 300 from the 19.11.1984 S. 48, transposed into Austrian law with Annex A. 4.1 the VBV 2002;

33. 'Directive 1999/36/EC': Directive 1999/36/EC on transportable pressure equipment, OJ No. L 138 of 1.6.1999 p. 20, transposed into Austrian law with the ODGVO;

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

Investment-related requirements

§ 4. Plant-related requirements for the medium - or long-term storage or the use of transportable pressure equipment in plants, which set no additional requirements for the transportable pressure equipment itself, remain unaffected by this regulation.

Section 2

Obligations of economic operators

Obligations of the manufacturer

A manufacturer who makes transportable pressure equipment on the market, has 5 (1) to ensure that the devices according to the requirements set out in the ADR or RID and in this regulation are designed and manufactured and that the required documents are created.

(2) has been demonstrated by the conformity assessment procedures laid down in the ADR or RID and in this regulation that the transportable pressure equipment comply with the applicable requirements, it has to provide the manufacturer with the PI marking in accordance with article 16 of this regulation.

(3) the manufacturer has during the period laid down therein to hold the technical documentation referred to in the ADR or RID.

(4) a manufacturer who is of the opinion or to believe has reason, that of him in traffic mounted transportable pressure equipment comply with not the ADR, RID or the provisions of this regulation, shall immediately take the corrective measures that are necessary to establish the conformity of the transportable pressure equipment, to withdraw it or to call back if this is reasonable. Hazards associated with the transportable pressure equipment has also promptly to inform the competent national authorities of the Member States of the European Union, where it has deployed the transportable pressure equipment on the market, the manufacturer and this detailed information to make, in particular about the non-compliance and the corrective measures taken.

(5) the manufacturer has all cases of non-compliances and corrective measures to document.

(6) the manufacturer has their reasoned request from a competent authority all information and documents which are required to demonstrate of the conformity of the transportable pressure equipment, handing in a language which can be easily understood by that authority. The manufacturer has the authority at its request with all measures to stave off dangers to work together are connected to the transportable pressure equipment marketed by him. For transportable pressure equipment which are intended to provide on the market in Austria you are rendering information referred to and documents in the German language in this paragraph.

(7) from the manufacturer the operators available information have to comply with the ADR or RID and the requirements laid down in this regulation.

Agents

6. (1) a manufacturer may nominate in writing a representative. The obligations under article 5, paragraph 1 and 2 as well as the creation of the technical documentation must be not part of the order of an authorised representative.

(2) an authorised representative the tasks takes, which are set on behalf of the manufacturer. The order allow the authorised representative to carry out at least the following tasks:



1. provision of technical documents for the national monitoring authorities for at least the period which is set in the ADR or RID for manufacturers.

2. on a reasoned request from a competent national authority, provide all information and documents which are required to demonstrate of the conformity of the transportable pressure equipment, in a language the by the competent national authority can be easily understood. For transportable pressure equipment which are intended for deployment on the market in Austria, this information and documents in the German language are run.

3. at the request of the competent national authorities, cooperation with all belong to the remit of measures to stave off dangers associated with transportable pressure equipment.

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

(4) that have information provided to the operator by the agent to comply with the ADR or RID and the requirements laid down in this regulation.

Obligations of the importer

Section 7 (1) the importer may bring only transportable pressure equipment on the market in the European Union, that comply with the ADR or RID, and the provisions of this regulation.

(2) before he brings transportable pressure equipment on the market, the importer has to ensure that the appropriate conformity assessment procedure was carried out by the manufacturer. He has to make sure that the manufacturer has created the technical documentation, that the transportable pressure equipment bears the PI marking are provided and the certificate of conformity in accordance with the ADR or RID is attached to them. Is an importer of considers or has reason to believe that the transportable pressure equipment comply with not the ADR, RID or the regulations of this Ordinance, he may bring this transportable pressure equipment not on the market before their conformity has been established. The importer has a risk associated with the transportable pressure equipment to inform the manufacturer and the market surveillance authorities.

(3) the importer has the certificate of conformity in accordance with the ADR, to specify its name and the address at which he can be contacted, RID or document attached in one of this certificate.

(4) as long as transportable pressure equipment are his responsibility, the importer has to ensure that the conformity of the equipment with the requirements of ADR or RID is not impaired by the storage or transport conditions.

(5) one importer, which is of the opinion or to believe has reason, that of him in traffic mounted transportable pressure equipment comply with not the ADR, RID or the provisions of this regulation, shall immediately take the necessary corrective measures to establish the conformity of the transportable pressure equipment, to withdraw it or to call back if this is reasonable. Hazards associated with the transportable pressure equipment has the importer and this detailed information, in particular about the non-compliance and the corrective measures taken, also promptly to inform the competent national authorities of the Member States of the European Union, where it has deployed the transportable pressure equipment on the market. The importer has all cases of non-compliances and corrective measures to document.

(6) the importer has over a period corresponding to at least the, which is set in the ADR or RID for manufacturers, to provide a copy of the technical documentation for the market surveillance authorities and ensure that he can present them to the technical documentation on request.

(7) the importer has a competent national authority on their reasoned request from all information and documents which are required to demonstrate of the conformity of the transportable pressure equipment, handing in a language which can be easily understood by the competent national authority. The importer has with this authority at its request with all measures to stave off dangers to work together are connected to the transportable pressure equipment marketed by him. For transportable pressure equipment which are intended to provide on the market in Austria you are rendering information referred to and documents in the German language in this paragraph.

(8) of the importer the operators available information have to comply with the ADR or RID and the requirements laid down in this regulation.

Obligations of distributors


Section 8 (1) the Distributor has to provide only transportable pressure equipment on the market of the European Union, that comply with the ADR or RID, and the provisions of this regulation. Before providing transportable pressure equipment on the market, the Distributor has to verify that the equipment bears the PI marking are equipped and supplied them the certificate of conformity and the contact address in accordance with § 7 para 3 of this regulation. Is a distributor of considers or has reason to believe that the transportable pressure equipment comply with not the ADR, RID or the regulations of this Ordinance, he may provide this transportable pressure equipment on the market before their conformity has been established. The Distributor has a risk associated with the transportable pressure equipment in addition to inform the manufacturer or the importer, as well as the market surveillance authorities.

(2) as long as transportable pressure equipment are his responsibility, the Distributor has to ensure that the conformity of the equipment with the requirements of ADR or RID is not impaired by the storage or transport conditions.

(3) a distributor who is of the opinion or to believe has reason that from him on the market supplied transportable pressure equipment comply with not the ADR, RID or the provisions of this regulation, shall ensure that the necessary corrective measures are taken to establish the conformity of the transportable pressure equipment, if necessary, to withdraw or recall. A risk associated with the transportable pressure equipment the Distributor has the manufacturer also immediately, if necessary, the importers and the competent national authorities of the Member States of the European Union, where it has deployed the transportable pressure equipment on the market, to teach, and this detailed information, in particular about the non-compliance and the corrective measures taken, to make. The Distributor has all cases of non-compliances and corrective measures to document.

(4) the Distributor has a competent national authority on their reasoned request from all information and documents which are required to demonstrate of the conformity of the transportable pressure equipment, handing in a language which can be easily understood by the competent national authority. The Distributor has with this authority at its request with all measures to stave off dangers to work together are connected to the transportable pressure equipment provided by him on the market. For transportable pressure equipment which are intended to provide on the market in Austria you are rendering information referred to and documents in the German language in this paragraph.

(5) by the distributors the operators available information have to comply with the ADR or RID and the requirements laid down in this regulation.

Obligations of the owner

§ 9 (1) is an owner of considers or has reason to believe that the transportable pressure equipment comply with the ADR or RID including requirements on periodic inspection, or the provisions of this regulation, it may provide this transportable pressure equipment on the market or use before their conformity has been established. A risk, with the transportable pressure equipment the owner shall inform the manufacturer or the importer, as well as the market surveillance authorities also. The owner document all cases of non-compliances and corrective measures.

(2) as long as transportable pressure equipment are his responsibility, the owner has to ensure that the conformity of the equipment with the requirements of ADR or RID is not impaired by the storage or transport conditions.

(3) by the owner operator available information have to comply with the ADR or RID and the requirements laid down in this regulation.

(4) the provisions of this paragraph do not apply to individuals who intend to make use of transportable pressure equipment for private or domestic use or for leisure or sporting purposes, or use.

Obligations of the operator

§ 10 (1) the operator must use only transportable pressure equipment, which comply with the ADR or RID, and the provisions of this regulation.

(2) a risk associated with the transportable pressure equipment, the operator shall inform the owner as well as the market surveillance authorities.

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

§ 11. An importer or Distributor is the manufacturer for the purposes of this regulation and subject to the obligations of a manufacturer according to § 5, if he brings transportable pressure equipment under his own name or his own brand on the market or already on the market currently transportable pressure equipment so changed, that the conformity with the applicable requirements may be affected.

Identification of economic operators

§ 12. Economic operators have the market surveillance authorities on request, for a period of at least 10 years



1. all economic operators, of which they have related transportable pressure equipment, all economic actors, on which they have made transportable pressure equipment, to appoint 2.

Section 3

Conformity of transportable pressure equipment

Conformity and conformity assessment

Section 13 (1) 1 the transportable pressure equipment referred to in article 1, paragraph 1 have Z to correspond to in the ADR or RID the relevant requirements for the conformity assessment and the periodic inspections, intermediate inspections and exceptional checks and are laid down in sections 3 and 4 of this regulation.

(2) who Z 2 the transportable pressure equipment referred to in article 1, paragraph 1, the devices according to which were manufactured the specifications of the technical documentation, to comply with. The devices are periodic inspections, intermediate inspections and extraordinary audits, in accordance with the ADR or RID and the requirements of sections 3 and 4 of this regulation, to take.

(3) the conformity assessment by a notified body and new assessment certificates and reports over the periodic inspections, intermediate inspections and extraordinary inspections shall apply in all Member States of the European Union. Can undergo removable parts of refillable transportable pressure equipment a separate conformity assessment.

Reassessment of conformity

§ 14. Compliance in article 1, paragraph 1 Z 3 referred to transportable pressure equipment which were manufactured and put into service before the date of application of the ODGVO may be re-assessed after the procedure the reassessment of conformity in accordance with Appendix 2. The PI marking shall be affixed in accordance with Appendix 2.

General principles of the PI marking

§ 15 (1) shall be affixed only by the manufacturer or in the event of reassessment of conformity in accordance with Appendix 2 the PI marking. For gas bottles, the already the requirements of Annex A. 4.1 the VBV 2002 meet, the PI marking is applied by the notified body or under their supervision.

2. the PI marking shall be affixed only to transportable pressure equipment which



1 in the ADR or RID and requirements laid down in this regulation for which conformity assessment fulfil, or 2. the requirements referred to in section 14 for the reassessment of conformity meet.

Other transportable pressure equipment may not be equipped with this marking.

(3) by the PI marking or affixed, the manufacturer indicates that he assumes the responsibility for the conformity of the transportable pressure equipment with all applicable requirements of ADR or RID and of this regulation.

(4) for the purposes of this regulation, the PI marking is the only marking is used to certify the conformity of the transportable pressure equipment with the relevant requirements of ADR or RID and of this regulation.

(5) the attachment of markings, signs or inscriptions, their meaning or form by third parties can be confused with the meaning or form of the PI marking is prohibited on transportable pressure equipment. Any other marking may be affixed to the transportable pressure equipment provided that the visibility, legibility and meaning of the PI marking is not adversely affected.

(6) the PI marking shall be affixed on demountable parts of refillable transportable pressure equipment having a direct safety function.

Rules and conditions for the affixing of the PI marking

Section 16 (1) the PI marking consists of the following symbol in the presented form:



(2) the minimum height of the PI marking is 5 mm. For transportable pressure equipment with a diameter of 140 mm or less the minimum height is 2.5 mm.

(3) the proportions resulting from the grid shown in paragraph 1 must be observed. The grid is not part of the marking.


(4) the PI marking is clearly visible to bring legibly and permanently to the transportable pressure equipment or its label, as well as to demountable parts of refillable transportable pressure equipment having a direct safety function.

(5) the PI marking shall be affixed before new transportable pressure equipment or removable parts of refillable transportable pressure equipment with a direct safety function in transport.

(6) after the PI marking is to specify the identification number of the notified body which was turned on in the first test. The identification number of the notified body shall be affixed by the body itself or according to their instructions by the manufacturer.

(7) in addition to the date of the recurring inspection or, where appropriate, the intermediate the identification number of the notified body is to specify who is responsible for the periodic inspection.

(8) in the case of gas cylinders, the Annex A regulations. 4.1 the VBV 2002 correspond to and are not covered in the PI marking, is to attach the identification number of the notified body responsible for the first recurring inspection in accordance with this regulation to the PI marking.

Free movement of transportable pressure equipment

§ 17. without prejudice to the safeguard clauses provided for in articles 29 and 30 of Regulation (EC) No. 765/2008 of established legal framework for market surveillance of free movement, the making available on the market and use of transportable pressure equipment, this regulation or a law of another Member State of the European Union, should with which has this transposed into its national law the directive 2010/35/EU , correspond to, prohibited, restricted or be hindered.

Section 4

Notifying authorities and notified bodies

Notifying authority

Section 18 (1) notifier for the authority in accordance with this regulation on notifying authorities is the Federal Minister of economy, family and youth.

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

Information obligation for the notifying authority

§ 19. The Federal Minister of economy, family and youth shall inform the European Commission of their procedures for the assessment, notification and monitoring of notified bodies, and all changes to this information. The European Commission publishes this information. The process of assessment, notification and monitoring of notified bodies, as well as of changes are available in the information published by the European Commission.

Requirements for notified bodies

Section 20 (1) the notified body has to set requirements in ADR or RID and in this regulation for the purposes of the notification.

(2) the notified body shall be established under Austrian law and have legal personality.

(3) the notified body shall:



1. the relevant standardisation activities and 2 the coordination group established under section 28 to participate in notified bodies or ensure that its assessment personnel is informed will be.

(4) the notified body has to apply the administrative decisions drawn up by the coordinating group and documents as general guidelines.

Applying for the notification

21. (1) an initial test in accordance with section 20 boiler law or a boiler testing laboratory in accordance with § 21 boiler law has notification according to § 18 para 1 in the Federal Ministry for economy, family and youth to submit an application to their.

(2) the application shall be accompanied by:



1. a description of the activities of a) for initial testing relating to conformity assessment, the exceptional checks and reassessment of conformity, b) for boiler bodies relating to the periodic inspections and the intermediate examinations;

2. a description of the procedures relating to no. 1;

3. a description of the transportable pressure equipment for which the body claims competence;

4. the accreditation decision, which was issued by the national accreditation body and is certified in compliance with the requirements pursuant to article 20.

Notification procedure

Section 22 (1) of the Federal Ministry of economy, family and youth as a notifying authority has only primary or boiler testing laboratories to notify that meet the requirements of § 20.

(2) the notification is made to the European Commission and to the other Member States of the European Union with the help of the developed by the European Commission and managed electronic instruments.

(3) the notification shall contain the information required in article 21, paragraph 2.

(4) the relevant insurance or boiler testing laboratory may perceive only the tasks of a notified body, if neither the European Commission nor the other Member States of the European Union two weeks after this notification have raised objections. For the purposes of this regulation, only such places deemed notified body.

(5) the Federal Ministry of economy, family and youth as a notifying authority reports on any subsequent relevant changes to the notification of the European Commission and the other Member States of the European Union.

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

Identification number and directory of notified bodies

Section 23 (1) of the European Commission is assigned an identification number of the notified body. Even if a site for several European Union legislation is notified, it receives only a single identification number.

(2) the European Commission publishes the list of bodies notified under this regulation together with the identification numbers assigned to them and the activities for which they have been notified. The list is updated by the European Commission.

Changes to the notification

Section 24 (1) if the Federal Minister of economy, family and youth as a notifying authority discovers or is that a notified body no longer meets the criteria referred to in article 20, or that it does not fulfil its obligations, where appropriate, restricting the notification, informed, puts them or withdraw them, where it takes account of the extent in which these requirements is not sufficient or not complied with these obligations. It shall forthwith inform the Commission and the other Member States of the European Union.

(2) withdrawal, restriction or suspension of notification or, if the notified body adjusts its activity, the Federal Minister of economy, family and youth as the notifying authority shall take appropriate measures to guarantee that the documents of this point from an other notified body are processed or held ready for the notifying authorities and market surveillance authorities at their request.

Challenge of the competence of notified bodies

All cases where it doubts on the competence of a notified body or the continued fulfilment of the requirements and obligations by a notified body or her doubts because are brought to the knowledge, examines are § 25 (1) of the European Commission.

(2) the Federal Minister for economy, family and youth as a notifying authority granted all information concerning the basis for the notification or the maintenance of the competence of the body concerned in cooperation with the national accreditation body of the European Commission upon request.

(3) the Federal Minister for economy, family and youth as a notifying authority meets on the basis of the European Commission's finding corrective measures, if necessary, including a withdrawal of the notification.

Obligations of notified bodies in relation to their activities

Section 26 (1) has the notified body conformity assessments, periodic tests, intermediate and exceptional checks in accordance with that set in the ADR or RID carry out the terms of their notification and the procedures.

(2) the notified body has to carry out re-evaluations of conformity in accordance with Appendix 2.

(3) a body notified by a Member State of the European Union shall be entitled to the activity in all Member States of the European Union. Without prejudice to article 18, paragraph 2, the notifying authority which has carried out the initial assessment and notification will remain responsible for monitoring the ongoing activities of the notified body.

Reporting obligations of the notified body

Section 27 (1) has the notified body shall notify the notifying authority shall:



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

2. all circumstances that have implications for the scope and the conditions of the notification;

3. any requests about performed activities that has received from market surveillance authorities;

4. on request, what activities she is pursued within the scope of their notification and what other activities, including cross-border activities and subcontracting, it has carried out.


(2) the notified bodies under the directive 2010/35/EC on transportable pressure equipment and repealing Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC, OJ have the other bodies, No. L 165 of 30 June 2010 p. 1, are notified and similar activities relating to conformity assessment and periodic inspections, intermediate inspections and extraordinary inspections covering the same transportable pressure equipment to provide relevant information about the negative and, on request, positive conformity assessment results.

Coordination of notified bodies

section 28. On the sectoral group of notified bodies, established for coordination and cooperation between the notified bodies of the European Commission, the notified bodies have to participate directly or indirectly.

Section 5

Safeguard procedure

Method for the treatment of transportable pressure equipment, which is connected to a threat

The authorities take section 29 (1) for transportable pressure equipment to which it is connected to a threat, the following measures:



1 which is in accordance with § 32 boiler law competent authority pursuant to article 20 of Regulation (EC) No. 765/2008 acted, or she has reasonable grounds to believe that in this regulation regulated transportable pressure equipment endanger the health or safety of people and goods, it has to assess whether the concerned transportable pressure equipment meet all the requirements laid down in this regulation.

2. the concerned economic operators have to cooperate with the Agency to the extent necessary, give also access to their premises and, if necessary, provide patterns.

3. get the authority in the course of this assessment concluded that the transportable pressure equipment does not meet the requirements of ADR or RID and the provisions of this regulation, it has immediately the relevant economic operator to solicit, to take all appropriate corrective actions to establish the conformity of the transportable pressure equipment with the requirements within a time limit prescribed by the authorities, appropriate to the type of hazard, , to remove them from the market or recall. When placing such measures, article 21 is to take account of Regulation (EC) No. 765/2008.

4. the authority shall inform the notified body involved in the conformity assessment procedure.

(2) the following procedure in the case of non-conformity of transportable pressure equipment which are not limited to the territory of the Republic of Austria:



1. According to § 32 boiler law authority has the Federal Minister of economy, to communicate the results of the assessment, the measures taken and for this purpose relevant information family and youth.

2. reach of the Federal Ministry of economy, family and youth to consider the non-compliance not limited to the territory of the Republic of Austria, he teaches the European Commission and the other Member States of the European Union about the results of the assessment and the measures on which the economic operator is required.

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

(4) the following procedure in the case of continuation of the non-conformity of transportable pressure equipment:



1. adopts the relevant economic operator, within the pursuant to par. 1 Z 3 deadline has no reasonable corrective action, all appropriate provisional measures to induce the competent authority to prohibit the deployment of the transportable pressure equipment or to limit, to take the equipment from the market or to recall and to inform the Federal Ministry of economy, family and youth.

2. the Federal Ministry of economy, family and youth assesses the measures and information. Reach the Minister considers that the non-compliance with the imposed measures of the notifying authority alone does not resolve, he meets more administrative measures with regard to the marketing and operation of the transportable pressure equipment concerned.

3. the Federal Ministry of economy, family and youth informed the European Commission and the other Member States of the European Union without delay of the measures taken as a whole.

(5) in para 2 Nos. 1 and par. 4 Z 3 information have all available information to include, in particular, the data for the identification of the non-compliant transportable pressure equipment, the origin of the equipment, the nature of the non-compliance alleged and the risk as well as the kind and duration of national measures taken and the arguments put forward by the relevant economic operator. The details have to contain, whether the non-compliance that is due, in particular that



1. the transportable pressure equipment which in the ADR or RID and in this regulation do not meet specified requirements with regard to the health or safety of people or other public interest deserving aspects, or 2. in ADR, RID, or on the basis of GGBG called transportable pressure equipment standards-related or technical regulations are inadequate.

(6) have another Member State of the European Union nor the European Commission within two months upon receipt of the in par. 4 Z 3 information a objection in accordance with par. 4 Z 1 or 2 measures collected, so the measures are considered justified.

(7) were raised upon completion of the procedure set out in paragraph 4 Z 3 objections to the measures taken by other Member States of the European Union or the European Commission of believes that these measures with a binding act of the European Union are not compatible, is a safeguard procedure in accordance with article 30, paragraph 1 is initiated by the European Commission.

(8) measures adopted from other Member States of the European Union according to a safeguard clause procedure and more information about the non-conformity of transportable pressure equipment are assessed by the Federal Ministry of economy, family and youth and, if necessary, the authorities assigned to take immediately appropriate restrictive measures in terms of the transportable pressure equipment concerned, how about the withdrawal of the device from the market. If the Federal Minister of economy, family and youth does not agree to the measures adopted by other Member States of the European Union, he informed the European Commission of its objections.

Safeguard-clause procedures of the European Union

Section 30 (1) objections against a market surveillance action of a Member State of the European Union were raised or is the European Commission of considers that the national measure with a binding act of the European Union is not compatible, consulted the European Commission to the Member States of the European Union and the relevant economic operator or the concerned economic operators immediately and makes an assessment of the national measure. Based on the results of this assessment, the Commission shall take a decision and indicates whether the national measure is justified or not. Austrian authorities are concerned, the Federal Minister of economy, family and youth takes the Austrian position. The European Commission is its decision to all Member States of the European Union and shares them and the relevant economic operator /-immediately communicate.

(2) the European Commission considers the taken measure justified, by the Federal Minister of economy, family and youth in case Austrian concern causes the necessary measures or continued in order to ensure that the non-compliant transportable pressure equipment are removed from the market. The Federal Minister of economy, family and youth shall inform the European Commission. The European Commission considers not justified, a measure taken by the Austrian authorities is this measure, if necessary, to withdraw.


(3) where a measure taken by a Member State of the European Union is considered justified and the non-compliance of the transportable pressure equipment with defects of standards in accordance with § 29 par. 5 Z 2 establishes, the Commission shall inform the relevant European standardisation body or the relevant European standardisation bodies, and can the Committee referred to in article 5 of Directive 98/34/EC on information procedure on standards and technical regulations , OJ No. L 204 of the 21.07.1998 p. 37, as amended by Directive 98/48/EC, OJ To the question deal with no. L 217 of the 05.08.1998 p. 18. The Austrian position is according to the Federal law on the implementation of an information procedure in the field of technical regulations, the rules for the services of the information society and the standards (Notifikationsgesetz 1999 - NotifG 1999), Federal Law Gazette I no. 183/1999, in the currently valid version of the Federal Ministry of economy, family and youth represent. This Committee may consult the relevant European standardisation body or the relevant European standardisation bodies before delivering its opinion.

Risk to health and safety by compliant transportable pressure equipment

The authorities take section 31 (1) for transportable pressure equipment to which it is connected to a threat, the following measures:



1 the notes in accordance with § 32 boiler law competent authority in accordance with article 29, paragraph 1, that transportable pressure equipment constitute a danger to the health or safety of people and goods within the meaning of § 1 boiler law, though they agree with the ADR, RID or the on the basis of GGBG requirements referred to in connection with transportable pressure equipment and with this regulation, has the authority to call on the relevant economic operator , all appropriate measures to take to ensure that the concerned transportable pressure equipment for their placing on the market no longer exhibit this risk or that it be withdrawn from the market or recalled within an appropriate to the type of hazard, reasonable period, which the authority may prescribe.

2. the authority has the Federal Minister of economy, to communicate the measures taken and for this purpose relevant information family and youth.

3. the Federal Ministry of economy, family and youth assesses the measures and information. Gets the Federal Minister of economy, family and youth to consider that the non-compliance with the imposed measures of the notifying authority alone does not resolve, he meets more administrative measures with regard to the marketing and operation of the transportable pressure equipment concerned.

(2) the economic operator shall ensure that the corrective action taken covering all affected transportable pressure equipment which he has provided in the European Union on the market or used.

(3) the Federal Minister for economy, family and youth shall inform the European Commission and the other Member States of the European Union without delay of the measures taken pursuant to paragraph 1. All available data emerge from this information, particularly the data for identification of the transportable pressure equipment, their origin, their supply chain, the type of risk and the nature and duration of national measures taken.

(4) the Commission consulted the Member States of the European Union and the relevant economic operator or the concerned economic operators immediately and makes an assessment of the national measures taken. On the basis of the results of this assessment, the Commission decides whether the measure is justified or not, and proposes, if necessary, appropriate measures. The Federal Minister of economy, family and youth represents the Austrian position and, where appropriate, implement the decision of the European Commission.

Formal non-compliance

Section 32 (1) without prejudice to section of the 29 has the authority the relevant economic operator to ask to correct the non-compliance concerned if it detects one of the following cases:



1. the PI marking has been affixed in breach of articles 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 ADR or RID as well as this regulation were not met.

(2) the non-compliance referred to in paragraph 1 persists, the authority concerned must take all appropriate measures to restrict the deployment of the transportable pressure equipment on the market or to prohibit or to ensure that it be recalled or withdrawn from the market.

Section 6

Final provisions

Transitional provisions

Section 33. equipment of transportable pressure equipment intended for connection to other devices, as well as the color coding of transportable pressure equipment, given under the provisions of the VBV, 2002, amended, to be carried out.

Recognition of equivalence

34. (1) in accordance with Annex A. 4.1 the shipping container Regulation 1996 - VBV 1996, BGBl. No. 368/1996, as amended by regulation BGBl. II No 92/2000, in accordance with Annex A. 4.1 the VBV 2002 granted EEC type approvals for bottles, as well as the EC design examination certificates issued pursuant to the ODGVO are to recognize the type approval certificates referred to in the ADR and RID as equivalent; they are however subject to the provisions laid down in ADR and RID on a temporary recognition of type approval.

(2) valves and equipment pursuant to § 8 para 4 ODGVO, which are in accordance with § 11 para. 2 of the ODGVO provided with the mark provided for in annex VI to the pressure device directive - DGVO, Federal Law Gazette II No. 426/1999, may be used.

Gender neutrality

section 35. The gender-specific terms used in this regulation and names include each both the male and female form.

Entry into force

36. (1) section 21 para 2 No. 4 takes no later than from 1 January 2012 application.

(2) this regulation at the latest on July 1, 2013, on pressure vessels is to apply their valves and other accessories, 1745, 2495 used UN No. 1746 and UN-No. for the carriage of substances of UN No.

Expiry of

section 37. With the entry into force of this regulation, the transportable pressure equipment directive - contact ODGVO, Federal Law Gazette II No. 291/2001, as amended by regulation BGBl. II No. 496/2003, the attachment of A. 4.1 the shipping container Regulation 2002 (VBV 2002), Federal Law Gazette II No. 202/2002, as amended by regulation BGBl. II No 347/2005, and regulation on the recognition of foreign testing of pressure equipment, BGBl. No. 561/1994 , as amended the regulation Federal Law Gazette II No. 496/2003, override.

Implementation note

section 38. This regulation is designed to implement the directive 2010/35/EC on transportable pressure equipment and repealing Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC, OJ No. L 165 of 30 June 2010 p. 1.

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