Change The Machine Safety Ordinance 2010 - Msv 2010

Original Language Title: Änderung der Maschinensicherheitsverordnung 2010 - MSV 2010

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189. Regulation of the Federal Minister for Economic Affairs, Family and Youth, amending the Regulation on the Safety of Machinery and Safety Equipment for Machinery (Machine Safety Regulation 2010-MSV 2010)

Pursuant to § § 69 (1) and (71) (3) to (6) of the Commercial Code of 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I No 111/2010, shall be ordered:

The Regulation on the Safety of Machines and Safety Equipment for Machinery (Machine Safety Ordinance 2010-MSV 2010), BGBl. II No 282/2008, as last amended by the BGBl agreement. II No 115/2011, shall be amended as follows:

1. The first sentence of Section 1 (1) is:

" (1) This Regulation lays down the provisions of Directive 2006 /42/EC on machinery and amending Directive 95 /16/EC (recast), OJ L 136, 31.5.2006, p. No. OJ No L 157, 09. 06. 24 to 86, with the exception of Article 24 (amendment of Directive 95 /16/EC on lifts) and Directive 2009 /127/EC amending Directive 2006 /42/EC on machinery for the application of pesticides, OJ L 327, 22.12.2009, p. No. OJ No L 310, 25. 11. 29 to 33-hereinafter referred to as the 'Machinery Directive'-to be adopted in the following.

2. In § 2 para. 2, in lit. (l) place a dash instead of the point, and the following lit m) is added:

" (m)

"basic safety and health protection requirements" means the binding rules for the design and construction of products covered by this Regulation in order to ensure a high level of safety and health protection of persons and, where appropriate, from domestic animals and property and, where applicable, to the protection of the environment.

The basic safety and health protection requirements are set out in Annex I specified. The basic safety and health requirements for the protection of the environment shall be applicable only to the machinery referred to in section 2.4 of this Annex. "

3. § 4 (1) reads:

The market surveillance authorities for machinery shall take all necessary measures to ensure that machinery may be placed on the market and/or put into service only if it meets the provisions of this Directive which apply to it. Regulation (or the machinery directive) and, if they are properly installed and maintained, and where they are intended to be used in a reasonable or reasonably foreseeable manner, the safety and health of persons and, where appropriate, domestic animals and Things and, where applicable, do not endanger the environment. "

4. § 11 (1) first sentence reads:

" If it is established that one of the provisions of this Regulation (or the machinery directive) and the CE marking machine which is accompanied by the EC declaration of conformity, the safety and health of persons and, where intended, reasonably foreseeable use; and where appropriate, of domestic animals or property or, where applicable, endanger the environment, the market surveillance authority shall take all appropriate measures to withdraw this machinery from circulation, to place the machinery on the market and/or to withdraw it from the market. To prohibit the commissioning of this machine or to allow the free movement thereof "

(5) The following paragraph 3 is added to § 22:

" (3) § 1 para. 1 first sentence, § 2 para. 2 lit m, § 4 para. 1, § 11 para. 1 first sentence, Annex I Section General principles point 4 and Annex I part 2 introductory sentence and point 2.4 in the version BGBl. II No. 189/2011, enter into force on 15 December 2011. "

(6) In Annex I, section General principles, point 4 is:

" 4. This Annex is divided into several parts. The first part has a general scope and applies to all types of machinery. The other parts refer to certain specific hazards. However, this Annex shall always be carried out in its entirety, in order to ensure that all relevant essential requirements are met. In the design of a machine, the requirements of the general part and the requirements of one or more of the other parts shall be applied in accordance with the results of the risk assessment referred to in point 1 of these General Principles. consideration. The basic safety and health requirements for the protection of the environment shall be applicable only to the machinery referred to in point 2.4. "

(7) In Annex I, Part 2, the rate of introduction shall be as follows:

" Food machinery, machinery for cosmetic or pharmaceutical products, hand-held and/or hand-held machines, portable fastening devices and other fire-guns, as well as machinery for the processing of wood and of materials with similar physical properties as well as machinery for the application of pesticides must comply with all the essential safety and health protection requirements referred to in this Chapter (see General Principles, point 4). '

8. In Annex I, Part 2, the following point 2.4 is added:

" 2.4. MACHINERY FOR THE APPLICATION OF PESTICIDES

2.4.1. Definition

'machinery for the application of pesticides': machinery specifically designed for the application of plant protection products within the meaning of Article 2 (1) of Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market (OJ L 327, 30.4.2009, p. OJ No L 309, 24. 11. 2009, p. 1).

2.4.2. General

The manufacturer of a pesticide application or his authorised representative shall ensure that, in accordance with the risk assessment and risk reduction procedure referred to in the general principles, point 1, an assessment of the Risks of unintentional exposure of the environment to pesticides.

Machinery for the application of pesticides shall be designed and built, taking into account the results of the risk assessment referred to in paragraph 1, in such a way as to operate without unintended exposure of the environment to pesticides, to be set up and maintained.

Leaks are always to be prevented.

2.4.3. Operation and monitoring

It must be possible to control, monitor, and immediately cancel the application of the pesticides from the operating stations.

2.4.4. Filling and emptying

The machinery must be designed and constructed in such a way as to facilitate precise filling with the necessary quantity of pesticides and to ensure simple and complete emptying, thereby avoiding the spilling of pesticides and ensuring that the amount of pesticides is reduced and the amount of pesticides required is not reduced. Contamination of water removal points for water is prevented.

2.4.5. Application of pesticides

2.4.5.1. Delivery rate

The machine must be equipped with devices for the simple, precise and reliable adjustment of the application rate.

2.4.5.2. Distribution, storage and drift of pesticides

The machinery must be designed and constructed in such a way as to ensure that the pesticide is deposited on the target areas, unintended releases on other surfaces are kept as low as possible, and the drift of pesticides into the Environment is avoided. Where appropriate, uniform distribution and homogenous storage of the pesticide must be ensured.

2.4.5.3. Checks

In order to determine whether the relevant parts of the machinery comply with the requirements referred to in 2.4.5.1 and 2.4.5.2, the manufacturer or his authorised representative shall carry out the appropriate tests for each type of machinery or carry out the tests to be carried out. .

2.4.5.4. Unintended releases during and after the shutdown

The machinery must be designed and constructed in such a way that unintended releases of pesticides are avoided during and after the removal of the application function.

2.4.6. Maintenance

2.4.6.1. Cleaning

The machine is to be designed and built in such a way that it can be cleaned easily and thoroughly without contaminating the environment.

2.4.6.2. Maintenance

The machine must be designed and constructed in such a way that the exchange of worn parts is possible without hindnance, without contaminating the environment.

2.4.7. Controls

It must be possible to simply connect the necessary measuring instruments to the machine in order to verify the proper functioning of the machine.

2.4.8. Identification of nozzles, screens and filters

Nozzles, sieves and filters shall be marked in such a way that their type and size are clearly visible.

2.4.9. Indication of the pesticide used

Where appropriate, the machinery must be fitted with a special device to which the operator can attach the name of the pesticide used.

2.4.10. Operating Instructions

The operating instructions shall contain the following information:

a)

the precautions to be taken when mixing, filling, applying, emptying, cleaning, waiting and transport, in order to avoid contamination of the environment;

b)

detailed conditions for use in the various operating environments provided for, including the necessary preparation and adjustment, which will result in the addition of the pesticide to the target area at the same time as minimising unintended releases on other areas, preventing drift into the environment and, where appropriate, ensuring uniform distribution and homogenisation of the pesticide;

c)

the range of types and sizes of nozzles, sieves and filters with which the machine can be operated;

d)

in relation to wear parts which have an effect on the proper operation of the machinery, such as nozzles, screens and filters, information on the intervals at which they are to be checked and the criteria and the procedure for their exchange;

e)

Calibration, daily maintenance, overwinter preparation and other verifications required to ensure the proper functioning of the machine;

f)

Types of pesticides that can cause malfunctions of the machine;

g)

an indication that the operator should always update the designation of the pesticide currently in use in the special device referred to in point 2.4.9.;

h)

the connection and use of special equipment and accessories and the arrangements to be made;

i)

an indication that the machinery is subject to national rules for a periodic review by designated bodies, as set out in Directive 2009 /128/EC establishing a framework for Community action for the sustainable use of pesticides (OJ L 327, 22.12.2009, p. OJ No L 309, 24. 11. 71), may be subject to the following conditions:

j)

the characteristics of the machinery which must be checked in order to ensure its proper operation;

k)

a guide for the connection of the necessary measuring instruments. "

Mitterlehner