189. Decree of the Federal Minister for economy, family and youth, with the regulation on the safety of machines and safety components for machines (machines safety regulations 2010 - MSV 2010) is changed
On the basis of §§ 69 (1) and 71 par. 3 to 6 of the GewO 1994, BGBl. No. 194, as last amended by Federal Law Gazette I no. 111/2010, is prescribed:
The regulation on the safety of machines and safety components for machines (machines safety regulations 2010 - MSV 2010), BGBl. II No 282/2008, as last amended by the proclamation Federal Law Gazette II No. 115/2011, is amended as follows:
1 in § 1 para 1, the first sentence reads:
"(1) this regulation sets the directive 2006/42/EC on machinery, and amending Directive 95/16/EC (recast), OJ No. L 157 of 09th 06th 2006, pp. 24 to 86, with the exception of article 24 (Amendment of Directive 95/16/EC on lifts) and the directive 2009/127/EC amending Directive 2006/42/EC on machinery for the application of pesticides, OJ "No. L 310, 25 11 2009, p. 29-33 - called in the following"machinery directive"- to."
2. in the § 2 para 2 is lit. l) instead of the point used a semi-colon and following lit m) attached:
"(m)"Essential health and safety requirements"mandatory requirements for the design and construction of products covered by this regulation, to a high degree of safety and health of persons and, where appropriate, of domestic animals and stuff and, where applicable, to ensure protection of the environment."
The essential health and safety requirements are specified in annex I. The essential safety and health requirements relating to protection of the environment are applicable only on the machines referred to in section 2.4 of this annex."
3. paragraph 4 section 1:
"(1) the market surveillance authorities for machines have to take all necessary measures to ensure that machines on the market only may be brought and/or put into service if they comply with the applicable provisions of this Regulation (or the machinery directive) and if proper installation and maintenance and intended or reasonably foreseeable use of the safety and health of persons, and if necessary of domestic animals and things and" ", as applicable, do not compromise the environment."
4. § 11 para 1 first sentence reads:
"If determined that one of this Regulation (or the machinery directive) captured and bearing the CE marking sided machine, which the EC declaration of conformity attached, intended or reasonably foreseeable use the safety and health of persons and, where appropriate, domestic animals or things or, as far as applicable, the environment threatens to compromise so the market supervisory authority has to take all appropriate measures to pull this machine from the traffic ", to prohibit the placing on the market and/or the putting into operation of this machine or to restrict the free movement for this."
5. § 22 the following paragraph 3 is added:
"(3) section 1 para 1 first sentence, § 2 para 2 lit m, section 4, paragraph 1, article 11, paragraph 1 first sentence, annex I section general principles point 4 and annex I part 2 introductory phrase and point 2.4 as amended by Federal Law Gazette II No. 189/2011, apply with December 15, 2011."
6. in annex I, section general principles is number 4:
"4. this annex is divided into several parts. The first part has a general scope and applies to all types of machines. The other parts refer to certain specific risks. This appendix is always in its entirety to see through, to make sure that all relevant basic requirements are met. Of the general part and the requirements to take into account one or more of the other parts are depending on the results of the risk assessment referred to in paragraph 1 of these general principles in the design of a machine. The essential safety and health requirements relating to protection of the environment are applicable only on the machines referred to in point 2.4."
7. in annex I part 2 the introductory phrase is:
Food processing machines, machines for cosmetic or pharmaceutical products, hand-held and/or hand-guided machinery, portable fixing devices and other guns as well as machines for the processing of wood and materials with similar physical characteristics, as well as machines for the application of pesticides must fulfill all in this chapter called basic safety and health requirements (see General principles, point 4).
8. in annex I, part 2 is appended following point 2.4:
"2.4. MACHINERY FOR THE APPLICATION OF PESTICIDES
'Machines for the application of pesticides': machines, specifically to the application of plant protection products within the meaning of article 2 (1) of Regulation (EC) No 1107/2009 concerning the placing on the market of plant protection products (OJ L 309, 24th 11th 2009, p. 1) are determined.
2.4.2 General information
The manufacturer of machinery for the application of pesticides or his agent has to ensure that in accordance with the procedure of risk assessment and risk reduction in accordance with the General principles of number 1 an assessment of the risks of unintended exposure of the environment to pesticides is carried out.
Machines for the application of pesticides must be construct and build, that they can be operated, established without unintended exposure of the environment to pesticides and maintained, taking into account the results of the risk assessment referred to in paragraph 1.
Leaks are always to prevent.
2.4.3. control and monitoring
It must be possible easily and precisely to control the spreading of pesticides from the operation centres, to monitor and to cancel immediately.
2.4.4. filling and emptying
The machine is so to construct and build that facilitate precise filling with the required amount of pesticide and ensures easy and complete emptying and thereby avoid the spilling of pesticides and prevents the contamination of the outlets for water is.
2.4.5. application of pesticides
220.127.116.11. output rate
The machinery must be equipped with devices to the simple, precise and reliable application rate setting.
18.104.22.168. distribution, accumulation, and drift of pesticides
The machine is to design and build, that is ensure that the pesticide on target areas will be stored, accidental releases on other surfaces are kept as low as possible and avoids the drift of pesticides in the environment. Where appropriate, a uniform and homogeneous deposition of pesticide must be ensured.
To determine whether the corresponding parts of the machine comply under 22.214.171.124 and 126.96.36.199 mentioned, the manufacturer or his authorised representative shall, for each type of machine has to perform or carry out the appropriate tests.
188.8.131.52. accidental releases during and after the shutdown
The machine is so to construct and build that unintentional releases of pesticides be avoided during and after the shutdown of the output function.
The machine is so to construct and build that she simply and thoroughly can be cleaned, without that it is contaminated the environment.
The machine is so to construct and build that the replacement of worn parts is freely possible, without doing the environment is contaminated.
It must be possible to connect the required measuring just to the machine to check the proper functioning of the machine.
2.4.8 marking of nozzles, screening and filtering
Nozzles, strainers and filters are to indicate that their type and their size are clearly visible.
2.4.9. indication of the used pesticide
Where appropriate, the machine with a special device must be fitted, where the operator can attach the designation of the used pesticide.
2.4.10. instruction manual
The operating instructions must contain the following information:
(a) the provisions that are to meet maintenance and transport while mixing, filling, applying, emptying, cleaning, to avoid the contamination of the environment;
b) detailed conditions for the use in the different foreseen operating environments including the associated necessary preparation and adjustment, which ensures the deposition of pesticide on target areas while minimizing the unintended releases on other surfaces, preventing the drift into the environment and, where this is appropriate, uniform and homogeneous deposition of pesticide;
(c) the range of types and sizes of nozzles, strainers and filters, with which the machine can be operated.
have on wearing parts, affecting the proper operation of the machine, such as nozzles, sieves and filters, data on how often to check them, and the criteria and the procedures for their Exchange;
(e) specification of calibration, daily maintenance, preparation for the winter and other checks that are required to ensure of the proper functioning of the machine;
(f) types of pesticides, which may cause malfunction of the machine;
(g) an indication that the operator should always update the name of the currently used pesticide in the 2.4.9 under number special device referred to;
h) connection and use of special equipment and accessories and the precautions to be taken;
(i) an indication that the machine described by national provisions for regular review places, such as in the directive 2009/128/EC on a framework for action the community for the sustainable use of pesticides (OJ L 309, 24th 11th 2009, p. 71) provided, are subject to;
(j) the characteristics of the machine which checks to ensure of their proper operation must be;
(k) instructions for the connection of the necessary meters."