77. Federal law concerning the placing on the market of machinery, equipment, equipment or parts thereof or accessories in the harmonised area and the notification of conformity assessment bodies (machinery-placing on the market for placing on the market and notification; MING)

The National Council has decided

1. General provisions

Scope

§ 1. (1) This Federal Act regulates the placing on the market, the provision on the market, the putting into service and the market surveillance within the meaning of the harmonising provisions of Regulation (EC) No 765/2008 on the requirements for accreditation and Market surveillance in relation to the marketing of products and repealing Council Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No. 30, of products, and the notification of conformity assessment bodies within the meaning of Decision (EC) No 768/2008 on a common regulatory framework for the marketing of products and repealing the Decision 93 /465/EEC No. OJ L 218, 13.08.2008 p.82.

(2) Products within the meaning of this Act shall be machinery, equipment, equipment or parts thereof, or accessories thereof.

1.		Directive 2014 /33/EU on the approximation of the laws of the Member States relating to lifts and safety components for lifts, OJ L 175, 5.7.2014, p. No. OJ L 96, 29.03.2014 p.251,
2.		of Directive 2013 /53/EU on recreational craft and motorcycles and repealing Directive 94 /25/EC, OJ L 94, 9.4.1994, p. OJ No 354, 28.12.2013 p. 90,
3.		Directive 2014 /34/EU on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres, OJ L 206, 22.7.2014, p. No. OJ L 96, 29.03.2014 p. 309.

Authorisation

§ 2. (1) The Federal Minister for Science, Research and the Economy may adopt regulations for products within the meaning of Article 1 (2) in order to safeguard the protection interests laid down in the directives in accordance with Section 1 (2).

(2) The regulations referred to in paragraph 1 may lay down the following requirements:

1.		requirements relating to the placing on the market, supply on the market and the putting into service of such products, including market surveillance;
2.		Obligations of the economic operators and in accordance with the provisions of the Union law also obligations of other natural or legal persons according to § 1 (2).
3.		requirements for the issue of such products;
4.		requirements to be met by notified bodies;

2. Notification of conformity assessment bodies

Notifying Authority

§ 3. Authority for the notification of conformity assessment bodies for products according to § 1 para. 2 is the Federal Minister for Science, Research and Economy.

Notification procedure

§ 4. (1) A request for notification of a conformity assessment body as a notified body for products pursuant to § 1 para. 2 shall be submitted to the Federal Minister for Science, Research and Economics.

(2) The applicant conformity assessment body shall submit an accreditation certificate to an accreditation body within the meaning of Regulation (EC) No 765/2008 in respect of the notified notification scope, which shall indicate that the accreditation body shall be responsible for the Conformity assessment body complies with the requirements for notified bodies set out in the respective ordinance pursuant to § 2 (2).

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

(4) The notifying authority shall provide information on a notified body of the European Commission for publication by means of the electronic NANDO system.

(5) The notifying authority shall take a decision on the granting, refusal, revocation, suspension, restriction of the notification requested and the extension thereof.

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

(7) The Federal Minister for Science, Research and the Economy may lay down detailed rules on the notification procedure, such as content and form to be used in the form of forms to be used, provided that this is a time-saving and cost-saving way to use the form. assessment of applications, or facilitating the verification of compliance with the obligations of notified bodies.

Complaint against a declaration of notified bodies

§ 5. (1) At the Federal Minister for Science, Research and the Economy, complaints against findings of notified bodies may be brought.

(2) The Federal Minister for Science, Research and the Economy has to examine a complaint within the meaning of paragraph 1 and may, if necessary, initiate proceedings pursuant to § 4 (5) of this Federal Law.

(3) The Federal Minister for Science, Research and the Economy may, by means of a regulation, lay down more detailed provisions on the appeal procedure in accordance with paragraph 1.

3. Market monitoring

Market surveillance authority

§ 6. (1) Market surveillance authority within the meaning of this Federal Act, namely the Authority of First Instance, shall be the District Administrative Authority.

The market surveillance authority shall cooperate with the authorities responsible for the control of external borders in accordance with section 3 of Chapter III of Regulation (EC) No 765/2008. Within the framework of this cooperation, the authorities responsible for the control of external borders may, at the request of the market surveillance authority, be able to obtain the information they have obtained on the release of products for free circulation. and which are necessary for the fulfilment of the duties of the market surveillance authority.

(3) The market surveillance authority and the authorities responsible for the control of the external border have to comply with trade secrets and personal data within the framework of the applicable law and to comply with data protection provisions.

Market surveillance measures

§ 7. The market surveillance authority shall check, on the basis of appropriate samples, in an appropriate manner and in an appropriate manner, whether products comply with the requirements laid down in the regulations in accordance with Article 2 (2), in accordance with section 1 (2). To do so, it shall verify the documentation or, where appropriate, carry out physical checks and laboratory tests. Where the inspection by the market surveillance authority of a product turns out to be non-conformity with the requirements laid down in the Regulation pursuant to Article 2 (2) thereof, the manufacturer or the elevator sector shall be entitled to: Assembly operations or the person who imports or stores the product for the purpose of providing the product on the market shall be obliged by the market surveillance authority to take account of the costs involved in the inspection.

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

(3) Where products do not comply with the requirements laid down in the Regulations pursuant to Article 2 (2) thereof, the Market Surveillance Authority shall be entitled to inform the economic operator:

1.		arrange measures to ensure that such a product is placed on the market only if it complies with the requirements laid down in the regulations pursuant to Article 2 (2) thereof;
2.		In the event that measures are not possible after Z 1, or that the product presents a serious risk:
a)			prohibit such a product from being placed on the domestic market;
b)			order the withdrawal or recall of such a product placed on the market;
c)			order the product to be destroyed or unusable;

The market surveillance authority shall, at the request of the economic operator, immediately withdraw or amend a measure referred to in paragraph 3 as soon as the economic operator proves that he has taken effective corrective measures to ensure conformity of his Ensure that the product is subject to the requirements laid down in the Regulations referred to in Article 2 (2) thereof.

(5) The market surveillance authority may apply to the economic operator that the public is warned of the risks associated with the product which it provides on the market. The market surveillance authority may itself warn the public if the economic operator does not or does not warn in a timely manner or if another equally effective measure does not or does not meet in due time.

(6) The placing on the market of a product in accordance with Article 1 (2) shall inform the market surveillance authority without delay if he becomes aware of or on the basis of the information available to him or his experience in order to provide clear evidence of that that a product placed on the market is liable to pose a risk to the health and safety of persons, and in particular to inform him of the measures he has taken to avert such danger.

(7) The market surveillance authority shall order the recall or the withdrawal of a product referred to in Article 1 (2) or prohibit the placing on the market of this product if it poses a serious risk to the safety and health of Represent people. The decision as to whether a product poses a serious risk shall be taken on the basis of an appropriate risk assessment, taking into account the nature of the risk and the likelihood of its entry.

(8) When it is necessary to avert an imminent imminent danger to the life or health of persons, the market surveillance authority shall take the measures provided for in paragraph 3 above, following a prior understanding of the custody of the person responsible for the to take the place and place of the product, even without prior procedure and before the date of the date of the date of the date of the date on which the product was issued, but which shall, within two weeks, be subject to a written, reasoned opinion, shall be deemed to be repealed by the public authorities.

(9) The Market Surveillance Authority shall decide to take a product from the market manufactured in another Member State of the European Union or another State Party to the Agreement on the European Economic Area, shall set it up to: the economic operator concerned shall, in accordance with Article 19 (3) of Regulation (EC) No 765/2008, be informed.

Rights and powers

§ 8. (1) The market surveillance authority or any person empowered by it shall be empowered to enter, where necessary, the business premises and premises of economic operators for the purpose of carrying out its activities, in or on Products to which products are manufactured

1.		are produced,
2.		shall be made available for delivery,
3.		are stored on the market for the purpose of providing them; or
4.		to be issued

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

(3) The market surveillance authority and the persons empowered by it shall be entitled to take samples, request samples and the documents and information required for the performance of their duties, including in particular quantities of quantities, origin and purchasers, The documents and information shall be made available to the market surveillance authority by the economic operator. In the case of sampling, the market surveillance authority or any person empowered to do so shall be subject to a written confirmation of sampling and, on request, a countersample to the economic operator. At the request of the economic operator, the Federal Government shall, in the case of the sample taken, pay compensation in the amount of the single-stand price to be determined by the market surveillance authority if it is more than 150 €. This compensation shall not apply if a measure pursuant to Section 7 (3) or (8) is taken on the basis of this sample.

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

(5) The economic operators shall be allowed to accept the measures referred to in paragraphs 1 and 2 and shall support the market surveillance authority and its authorised representative. Economic operators and exhibitors shall be required to supply the market surveillance authority, on request, with the information necessary for the performance of their duties.

Coordination of market surveillance

§ 9. (1) For the coordination of market surveillance, the establishment of a market surveillance programme within the meaning of Article 18 (5) of Regulation No. (EC) 765/2008 and in order to deliver opinions to the European Commission, the Federal Minister for Science, Research and the Economy is responsible.

(2) The Market Surveillance Authority shall collect the data necessary for the preparation of market surveillance programmes and reports and shall, in aggregate form, submit annually to the Federal Minister for Science, Research and Economic Affairs on request ,

Exchange of information-Rapid information system RAPEX

§ 10. (1) The national contact point for RAPEX (rapid alert system for dangerous non-food products) is the Federal Minister for Labour, Social Affairs and Consumer Protection.

(2) A market surveillance authority may or does it intend to take a measure in accordance with Article 7 (7), and considers that the reasons for the measure or the impact of this measure on other Member States of the European Union , it shall immediately inform the Federal Minister for Science, Research and the Economy of this measure.

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

(4) The reporting referred to in paragraphs 2 and 3 shall include all available information, in particular the data necessary for the identification of the product, the origin and supply chain of the product linked to the product. Hazards, the nature and duration of the action taken, and the measures voluntarily taken by the economic operator.

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

Union protection procedures

§ 11. (1) The Federal Minister for Science, Research and the Economy has to inform the European Commission of measures taken by the market surveillance authority in accordance with § 10 (2) and (3) and has to justify these measures.

(2) Where the European Commission decides by means of implementing act that a market surveillance measure carried out by a Member State is justified in accordance with Article 20 of Regulation (EC) No 765/2008, the Federal Minister for Science, research and the economy to make this decision in a suitable way.

The market surveillance authority shall, in a decision of the European Commission in accordance with paragraph 2, take the necessary measures to restrict the placing on the market or use of the non-conformable product concerned, or prohibits or the product is recalled.

(4) Where the European Commission decides, by means of implementing act, that a market surveillance measure carried out by the market surveillance authority is not justified within the meaning of paragraph 1, the market surveillance authority shall have the following: Take action.

4. Penal provisions and enforcement

Criminal provisions

§ 12. An administrative surrender which is punishable by a fine of up to EUR 25 000 is to be applied to who

1.		shall be contrary to the provisions of a Regulation in accordance with § 2;
2.		contrary to a fully-enforceable arrangement in accordance with § 7;
3.		contrary to § 8 (5), first. A measure does not tolerate a measure or does not support the market surveillance authority or a person concerned;
4.		contrary to § 8 (5), second. No information is provided, not correct, not complete or not given in time;

entry into force

§ 13. This Federal Act shall enter into force with the day following its presentation.

Enforcement clause

§ 14. (1) The Federal Minister for Science, Research, and Economics is responsible for the enforcement of this Federal Act, unless otherwise specified in the following.

(2) The Federal Minister of Labour, Social Affairs and Consumer Protection is responsible for the enforcement of Section 10 (1).

Fischer

Faymann