282. Ordinance of the Federal Minister for Economic Affairs and Labour on the Safety of Machinery and Safety Equipment for Machinery (Machine Safety Regulation 2010-MSV 2010)

Pursuant to § 69 (1) and 71 (3) (3) to 6 Gewerbeordnung 1994-GewO 1994, Federal Law Gazette (BGBl). N ° 194, as last amended by the Federal Law BGBl. I n ° 68/2008, is being ordered:

Scope

§ 1. (1) This Regulation lays down 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, hereinafter referred to as the 'machinery directive', with the exception of Article 24 (amendment of Directive 95 /16/EC on lifts). This Regulation (or the machinery directive) shall apply to the following products:

a)			Machinery;
b)			interchangeable equipment;
c)			safety components;
d)			Load receiving means;
e)			chains, ropes and cucumbers;
f)			removable cardan shafts;
g)			incomplete machines.

(2) From the scope of this Regulation (or of the machinery directive) are excluded:

a)			safety components intended as spare parts for the replacement of identical components and supplied by the manufacturer of the original machinery;
b)			special facilities for use in annual markets and in amusement parks;
c)			Machinery specially designed or used for nuclear use, the failure of which can lead to the emission of radioactivity;
d)			weapons, including firearms;
e)			the following means of transport:
-				agricultural and forestry tractors in relation to the risks provided for by Directive 2003 /37/EC on the type-approval of agricultural and forestry tractors, their trailers and interchangeable towed machinery, and for systems, components and separate technical units of such vehicles and repealing Directive 74 /150/EEC, OJ L 206, 22.7.1974, p. No. OJ No L 171, 09. 07. 1), with the exception of machinery mounted on these vehicles,
-				Motor vehicles and their trailers within the meaning of Directive 70 /156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, OJ L 80, 23.4.70, p. No. OJ No L 42, 23. 02. 1, as last amended by Commission Directive 2006 /28/EC, OJ L 206, 22.7.2006, p. No. OJ No L 65, 07. 03. 27, with the exception of machinery mounted on these vehicles,
-				Vehicles within the meaning of Directive 2002/24/EC relating to the type-approval of two-or three-wheel motor vehicles, OJ L 108, 24.4.2002, p. No. OJ L 124 of 09. 05. 1, as last amended by Directive 2006 /96/EC, OJ L 327, 30.4.2006, p. No. OJ No L 363, 20. 12. 81, with the exception of the machinery mounted on these vehicles,
-				motor vehicles intended exclusively for sports competitions, and
-				Means of transport in the air, on the water and on rail networks other than those fitted on these means of transport;
f)			Seagoing ships and mobile offshore installations, as well as machinery installed on such ships and/or in such installations;
g)			Machinery specially designed and constructed for military purposes or for the maintenance of public order;
h)			Machinery specially designed and constructed for research purposes and intended for temporary use in laboratories;
i)			Shaft conveyor systems;
j)			Machinery for the transport of performers during artistic performances;
k)			electrical and electronic products of the following species, in so far as they are covered by Directive 2006 /95/EC on the approximation of the laws of the Member States relating to electrical equipment intended for use within certain voltage limits, 1. No. OJ No L 374, 27. 12. 2006, p. 10,
-				household appliances intended for domestic use,
-				audio and video equipment,
-				information technology equipment,
-				ordinary office machines,
-				Low-voltage switchgear and control units,
-				Electric motors;
l)			the following types of electrical high voltage equipment:
-				Switching and control devices,
-				Transformers.

Definitions

§ 2. (1) For the purposes of this Regulation, the term "machine" shall mean the term "machine" referred to in § 1 para. 1 lit. a to f (Article 1 (1) (a) to (f) of the Machinery Directive).

(2) Furthermore, the expression

a)			"Machine"
-				a set of parts or devices, fitted with or intended to be fitted with a propulsion system other than the human or animal force directly employed, of which at least one or more parts are connected to each other; is mobile and has been assembled for a particular application;
-				as a whole, in the sense of the first indent, which merely omits those parts which connect them to their place of use or to their sources of energy and propulsion;
-				a ready-to-install set within the meaning of the first and second lines of thought, which shall not be functional until after installation on a means of transport or installation in a building or structure;
-				a set of machinery within the meaning of the first, second and third lines of thought or of incomplete machinery within the meaning of point (g) which, in order to cooperate, are arranged and operated in such a way as to ensure that they are as a whole function;
-				a set of interconnected parts or devices, of which at least one or more is movable and is assembled for lifting operations, and the single source of which is the direct human force;
b)			"interchangeable equipment" means a device which the operator of a machine or tractor, after being put into service, himself applies to it, in order to change or extend its function, provided that such equipment is not a tool;
c)			"safety component" means a component,
-				which is designed to ensure a security function,
-				shall be placed on the market separately,
-				its failure and/or malfunction endangers the safety of persons and
-				which is not necessary for the operation of the machinery or which can be replaced by components common to the functioning of the machine.
		A non-exhaustive list of safety components is given in Annex V (Annex V of the Machinery Directive), which is updated in accordance with Section 8 (1) (Article 8 (1) (a) of the Machinery Directive);
d)			"load-receiving means" means a component or piece of equipment which is not part of the hoisting equipment and which enables the load to be grasped and which is fitted between the machine and the load or on the load itself or which is intended to be an integral part thereof. of the burden, and shall be placed on the market separately; and as a means of carrying out the load, the means of lifting and the components thereof shall also apply;
e)			"chains, ropes and belts" means chains, ropes and belts which are developed and manufactured for lifting purposes as part of hoists or load-bearing means;
f)			"Removable joint shaft" means a removable component for power transmission between a drive or traction machine and another machine that connects the first fixed bearings of both machines. Where the device is placed on the market together with the protective device, this combination shall be regarded as a single product;
g)			"incomplete machine" means a set that almost forms a machine, but which cannot perform a specific function. A drive system is an incomplete machine. An incomplete machine shall be designed only to be fitted into or assembled with other machinery or other incomplete machinery or equipment in order to cooperate with them on a machine within the meaning of this Regulation (s). the machinery directive);
h)			"placing on the market" means the first-time provision of a machine or of an incomplete machine in Austria, another Member State of the European Union, another State Party to the European Union, for the first time, whether in return for payment or free of charge. the economic area or any other equivalent country with a view to its distribution or use;
i)			"manufacturer" means any natural or legal person who is a person who is a member of the European Parliament or the machinery directive), or an incomplete machine, constructed and/or constructed and intended for the conformity of the machinery or the incomplete machinery with this Regulation (or the machinery directive) with a view to its placing on the market under its own name or trade mark or for its own use. In the absence of a manufacturer within the meaning of the above definition, any natural or legal person who is subject to any of the provisions of this Regulation (or the machinery directive), whether or not the machinery is placed on the market or put into service, considered as a manufacturer;
j)			"authorised representative" means any natural or legal person established in Austria, another Member State of the European Union, another Contracting State of the European Economic Area or any other equivalent State, of a natural or legal person, in writing, the manufacturer has been authorised to comply with all or part of the obligations and formalities required by this Regulation (or Machinery directive);
k)			"commissioning" means the first-time intended use of any of this Regulation (or the machinery covered by the machinery directive) in Austria, another Member State of the European Union, another Contracting State of the European Economic Area or another State of the same name;
l)			"harmonised standard" means a non-binding technical specification adopted by a European standardisation body, namely the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardization (Cenelec), or the European Committee for Standardisation (Cenelec), European Telecommunications Standards Institute (ETSI), on the basis of a mandate from the European Commission in accordance with the procedures laid down in Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules for information society services, OJ C 327, 28.4. No. OJ No L 204, 21. 07. 37, as last amended by Directive 2006 /96/EC, OJ L 327, 22.9.2006, p. No. OJ No L 363, 20. 81, adopted on 12 December 2006.

Specific policies

§ 3. Where the hazards referred to in Annex I (Annex I to the machinery directive) are covered in full or in part by other Community Directives by a machine, this Regulation shall apply (or the machinery directive) for this machine and these hazards respectively; from the beginning of the application of these other directives.

Market View

§ 4. (1) The market surveillance authorities for machinery shall take all necessary measures to ensure that machinery is placed on the market and/or put into service only if it meets the provisions of this Regulation (or of the machinery directive) and, if they are properly installed and maintained and, in the case of their intended use, which is reasonably foreseeable, the safety and health of persons and, where appropriate, domestic animals and Do not endanger things.

(2) The market surveillance authorities for machinery shall take all necessary measures to ensure that incomplete machinery is placed on the market only if it meets the provisions of this Regulation which apply to them (or of the Machine Directive).

(3) In order to check the conformity of machinery and incomplete machinery with the provisions of paragraphs 1 and 2, the commercial authorities shall be responsible for the market surveillance of machinery.

(4) The Federal Ministry of Economics and Labour, as the supreme commercial authority, coordinates the market surveillance for machines in Austria and the communication with the other Member States of the European Union, the other contracting states. of the European Economic Area and other equivalent States, as well as with the European Commission and the notified bodies. Relevant decisions, decisions and information of the European Commission (Articles 8 (1) (b), 9 to 11 and 21 of the Machinery Directive) or of the Committee on Machinery (Article 22 of the Machinery Directive) shall be adopted. where Austria is relevant and has not been notified in any way in the Official Journal of the European Union, by the Federal Minister for Economic Affairs and Labour, pursuant to Section 365i (2) of the Regulation (EEC) 1994, or by receiving it in the Official Journal of the European Union. Annex XV shall be given in accordance with § 20 or in any other appropriate manner. This means ensuring a uniform approach in the market surveillance for machines in Austria.

Marketing and commissioning

§ 5. (1) The manufacturer or his authorised representative shall have a machine prior to placing on the market and/or putting into service

a)			ensure that the machinery meets the basic safety and health protection requirements set out in Annex I (Annex I to the machinery directive);
b)			ensure that the technical documentation referred to in Part A of Annex VII (Part A of Annex VII to the machinery directive) is available;
c)			provide, in particular, the necessary information, such as operating instructions,
d)			carry out the appropriate conformity assessment procedures in accordance with § 12 (Article 12 of the Machinery Directive);
e)			to issue the EC declaration of conformity in accordance with Annex II, Part 1, Section A (Annex II, Part 1, Section A of the Machinery Directive), and to ensure that it is attached to the machinery;
f)			to affix the CE marking in accordance with § 16 (Article 16 of the Machinery Directive).

(2) The manufacturer or his authorised representative shall ensure that the procedure referred to in Article 13 (Article 13 of the Machinery Directive) has been completed before placing an incomplete machine on the market.

(3) The manufacturer or his authorised representative must have or have access to the necessary means with a view to the conformity assessment procedure referred to in Article 12 (Article 12 of the machinery directive) in order to ensure that the Machine complies with the essential health and safety requirements set out in Annex I (Annex I to the machinery directive).

(4) If a machine falls under other Community directives which regulate other aspects and also prescribe the affixing of a CE marking, the CE marking shall mean that this machine shall also comply with the provisions of those other Community Directives. Community directives.

However, where, in accordance with one or more of these Community directives, the manufacturer or his authorised representative has, during a transitional period, the choice of the arrangements to be applied, the CE marking shall only be subject to conformity with the provisions of the Provisions of the Community directives which it applies. The numbers of the Community directives applied in each case, as published in the Official Journal of the European Union, must be indicated in the EC declaration of conformity.

Free movement

§ 6. (1) Machines may be placed on the market and/or put into service only if, without prejudice to other requirements, they are subject to the provisions of this Regulation which apply to them (or to the provisions of this Regulation). of the Machine Directive).

(2) Incomplete machinery may be placed on the market only if, according to a manufacturer ' s or his manufacturer ' s declaration of incorporation, issued in accordance with Annex II, Part 1, Section B (Annex II, Part 1, Section B of the Machine Directive), Authorized agents are intended to be fitted into a machine or assembled with other incomplete machines into a machine.

(3) In the case of trade fairs, exhibitions, presentations and the like, machinery or incomplete machinery may be shown which shall comply with the provisions of this Regulation (or the machinery directive), provided that a visible sign clearly indicates this circumstance and indicates that they are only deliverable when conformity has been established. In addition, in the case of such non-conforming machines or incomplete machines, the protection of persons shall be guaranteed by appropriate safety measures.

Presumption of conformity and harmonized standards

§ 7. (1) A machine which is marked with the CE marking and which is accompanied by the EC declaration of conformity with the particulars listed in Annex II, Part 1, Section A (Annex II, Part 1, Section A of the Machinery Directive), shall, in principle, be:- without prejudice to measures taken by the market surveillance authority for machinery, in accordance with the provisions of this Regulation (or of the machinery directive).

(2) A machine has been manufactured in accordance with a harmonised standard, the European Fundstellen (CEN, CENELEC, ETSI) of which are published by the European Commission in the Official Journal of the European Union and their Austrian references (ÖNORM, ÖVE-Norm). ÖVE/ÖNORM, etc.) as published in Annex XIV, in principle-i.e. without prejudice to the results of measures taken by the Market Surveillance Authority for machinery and in particular measures pursuant to Article 10 (1) thereof-it shall be assumed that they shall be basic safety and security measures covered by this harmonised standard; and Health protection requirements.

(3) Amendments to Annex XIV are made by the presentation of the Federal Minister of Economics and Labour in the Bundesgesetzblatt (Federal Law Gazette) on the basis of the communications from the European Commission in the Official Journal of the European Union.

Implementation of specific actions of the European Commission

§ 8. (1) Updates to the list of safety components set out in Annex V (Annex V to the Machinery Directive) carried out by the European Commission shall be made by the Federal Minister for Economic Affairs and Labour, in the following: Federal law.

(2) Restrictions on the placing on the market of machines with a particular potential risk of danger shall be imposed by the European Commission in accordance with § 9 by the Federal Minister for Economic Affairs and Labour, in accordance with § 9 of the German Federal Law Gazprom. lurk. Such a presentation may be omitted if the findings of the European Commission have been published in the Official Journal of the European Union, and the market surveillance authorities and other interested parties in other appropriate bodies shall be required to provide such information. To gain knowledge of this.

(3) The Federal Minister for Economic Affairs and Labour shall, by way of a manifestation in the Federal Law Gazan, be included in Annex XV or by any other appropriate measures in the context of the coordination of market surveillance by the European Commission or by the Committee on Machinery (Article 22 of the Machinery Directive) and measures taken in respect of Austria which are relevant to the implementation and practical application of this Regulation (or of the Machine Directive).

Special measures for machines with particular risk potential

§ 9. (1) The Federal Minister for Economic Affairs and Labour announced relevant measures by the European Commission concerning the prohibition or restriction of placing on the market or subject to submission under special conditions (such as retrofitting) by the Federal Minister for Economic Affairs and Labour of Austria. Machinery which has technical characteristics which, owing to the shortcomings of the harmonised standards adopted by the European Commission, are based on risks.

(2) The Federal Minister for Economic Affairs and Labour (Federal Minister for Economic Affairs and Labour) announced relevant measures of the European Commission to prohibit or restrict the placing on the market or to subjugate under special conditions (such as retrofitting) of Machinery which, on the basis of its technical characteristics, poses the same risks as machinery, with regard to which the Commission considers that a safeguard clause has been rightly taken by a Member State.

(3) The Federal Ministry for Economic Affairs and Labour shall, within the framework of the tasks set out in Article 4 (4), refer the matter to the European Commission if, on the basis of measures of market surveillance, it is clear that further adjustments to the measures taken by the Commission pursuant to paragraph 1 or (2).

Harmonisation of a harmonised standard

§ 10. (1) When the Federal Ministry for Economic Affairs and Labour, after referral to the relevant committee or technical committee of the relevant Austrian standards organisations (ON, ÖVE), considers that a harmonised European standard, the References (CEN, CENELEC, ETSI) have been published by the European Commission in the Official Journal of the European Union (Article 7 (2) of the Machinery Directive), not fully in accordance with the basic safety and security measures it covers: Health protection requirements of Annex I (Annex I of the Machinery Directive) , the Federal Minister of Economics and Labour shall refer the matter to the Committee set up by Directive 98 /34/EC and to the Committee on Machinery (Article 22 of the Machinery Directive), which shall state the reasons.

(2) The Federal Minister for Economic Affairs and Labour announced in the Federal Law Gazan the results of the successful challenge of a harmonized European standard (Article 10 of the Machinery Directive), in particular by amending the Annex XIV (deletion from the list or restriction of the presumption of conformity).

Protection Klauselverfahren

§ 11. (1) Where 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, the market surveillance authority shall take all appropriate measures to withdraw the machinery from circulation, to withdraw the placing on the market and/or to put into service this machinery, prohibit or restrict free movement for this purpose. Provided that this measure could affect several similar machines (series) and it is to be assumed that the machinery is located in areas other than the local area of responsibility of the respective market surveillance authority, or in the whole of Austria, the Federal Minister of Economics and Labour, under the appropriate application of § 365i Abs. 2 GewO 1994 in the Federal Law Gazets, shall be required to apply this measure for a limited period of time, before legal force, for a period of time. can be leaned.

(2) In the case of measures referred to in paragraph 1, the proceedings pursuant to Section 365i (1) of the WCO 1994 shall be initiated without delay.

(3) The Federal Minister for Economic Affairs and Labour (Federal Minister for Economic Affairs and Labour), pursuant to Section 365i (2) (2) of the Civil Code (Bundesgesetzblatt), announced in 1994 the decisions of the European Commission in a safeguard clause procedure, if this decision has been taken to: 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, to be threatened by domestic animals or property, and the decision shall indicate or assume that the machinery is placed on the market and/or put into service in Austria or has already been placed on the market and/or put into service in Operation has been taken. The market surveillance authorities shall take all appropriate measures to withdraw this machinery from circulation, prohibit the placing on the market and/or putting into service of this machinery, restrict the free movement of such machinery or prohibit the placing on the market of such machinery. To ensure retrofitting.

Conformity assessment procedures for machines

§ 12. (1) The manufacturer or his authorised representative shall have the conformity of the machinery with the provisions of this Regulation (s) (or the machinery directive) to carry out one of the conformity assessment procedures described in paragraphs 2, 3 and 4.

(2) If the machinery is not listed in Annex IV (Annex IV to the Machinery Directive), the manufacturer or his authorised representative shall have the conformity assessment procedure laid down in Annex VIII (Annex VIII to the machinery directive). internal production control in the manufacture of machinery.

(3) If the machinery is listed in Annex IV (Annex IV to the machinery directive) and manufactured in accordance with the harmonised standards referred to in Article 7 (2) (Article 7 (2) of the machinery directive), these standards shall take into account all relevant basic safety and health protection requirements, the manufacturer or his authorised representative shall carry out one of the following procedures:

a)			the conformity assessment procedure with internal production control in the manufacture of machinery provided for in Annex VIII (Annex VIII to the Machinery Directive);
b)			the EC type-examination procedure described in Annex IX (Annex IX to the machinery directive) and the internal production control in the manufacture of machinery as described in Annex VIII (3) (Annex VIII, point 3 of the machinery directive);
c)			the comprehensive quality assurance procedure described in Annex X (Annex X to the machinery directive).

(4) The machinery is listed in Annex IV (Annex IV to the machinery directive) and the harmonized standards referred to in Article 7 (2) (Article 7 (2) of the machinery directive) were not, or only partially, used in the manufacture of the machinery. , or where these standards do not take into account all the relevant essential health and safety requirements, or if there are no harmonised standards for the machinery in question, the manufacturer or his authorised representative shall: one of the following procedures:

a)			the EC type-examination procedure described in Annex IX (Annex IX to the machinery directive) and the internal production control in the manufacture of machinery as described in Annex VIII (3) (Annex VIII, point 3 of the machinery directive);
b)			the comprehensive quality assurance procedure described in Annex X (Annex X to the machinery directive).

Procedures for non-complete machines

§ 13. (1) The manufacturer of an incomplete machine or his authorised representative shall ensure, before placing on the market, that:

a)			the specific technical documentation referred to in Annex VII, Part B (Annex VII, Part B of the Machinery Directive), shall be drawn up;
b)			the assembly instructions are drawn up in accordance with Annex VI (Annex VI of the Machinery Directive);
c)			an installation declaration has been issued in accordance with Annex II, Part 1, Section B (Annex II, Part 1, Section B of the Machinery Directive).

(2) The assembly instructions and the installation declaration shall be attached to the complete machine until they are installed in the complete machine and are then part of the technical documentation of the complete machine.

Notified bodies

§ 14. (1) Annex XIII contains a list of the authorities of Austria, of another Member State of the European Union, of another Contracting State of the European Economic Area, or of another State equivalent to that of the Implementation of the conformity assessment referred to in Article 12 (3) and (4) (Article 12 (3) and (4) of the Machinery Directive) and the conformity assessment required for the placing on the market, further for which specific conformity assessment procedures (tasks) and machinery (subject areas) these nominations have been carried out and finally, which identification numbers have been previously assigned to these posts by the European Commission.

(2) Named posts authorised by Austria, as well as notified bodies from another Member State, namely from another Member State of the European Union, from another Contracting State of the European Economic Area, or from another Member State of the European Union The same State acting in Austria shall at all times comply with the criteria set out in Annex XI (Annex XI to the machinery directive). Those notified bodies shall have the competent market surveillance authorities of the Federal Ministry for Economic Affairs and Labour and in relevant market surveillance procedures all the relevant relevant information, including budget documents, for The examination of compliance with the requirements of Annex XI (Annex XI to the machinery directive) is requested without delay. Notified bodies from another Member State of the European Union, from another Contracting State of the European Economic Area, or from another equivalent State operating in Austria and representing a representative office in Austria , the Federal Ministry of Economics and Labour has established its regular activities within the meaning of this Regulation (or of the machine policy). The notified body concerned must ensure and demonstrate that the representative body established in Austria is covered by the accreditation and associated recurring auditing in the home state or if this is not the case, The accreditation in Austria has been positively assessed and, if necessary, has been positively audited.

(3) notified bodies approved by Austria shall, before commending their activities within the meaning of this Regulation (or the Machinery Directive), an accreditation in accordance with the Accreditation Act, BGBl. N ° 468/1992, as last amended by the Federal Law BGBl. No 85/2002, in respect of the specific area concerned, in which case the tasks and the subject-matter referred to in paragraph 1 are to be specified, and compliance with the criteria set out in Annex XI (Annex XI to the machinery directive) and the sustainable Participation in the European Coordination of Notified Bodies for Machine Safety (para. 7). The inclusion of the activity within the meaning of this Regulation (or the machinery directive) may not be made by those notified bodies until the list referred to in Annex XIII has been included. The activity within the meaning of this Regulation (or the machinery directive) may no longer be exercised by those bodies if their designation has been repealed or has expired or they have been deleted from the list in accordance with Annex XIII, in particular because they are listed in Annex XI (Annex XI) (Annex XI) (Annex XI) (Annex XI) ( XI of the Machinery Directive), or in a serious way do not fulfil their duties.

(4) Amendments to Annex XIII, such as the insertion of notified bodies, the deletion of notified bodies or changes in the scope of the tasks or the subject area, shall be effected by the presentation of the Federal Minister for Economic Affairs and Labour. in the Federal Law Gazans. If these changes are to be made by Austria-approved notified bodies, the European Commission and the other Member States of the European Union shall be notified accordingly.

(5) Where a notified body operating in Austria establishes that the relevant requirements of this Regulation (or the machinery directive) has not been complied with by the manufacturer or authorised representative, or if an EC type-examination certificate or the approval of the quality system would not have been issued, or , it shall, taking into account the principle of proportionality and on the basis of detailed grounds, suspend, withdraw or impose restrictions on the certificate issued or the authorisation issued. , unless the manufacturer or authorised representative ensures conformity with these requirements by means of appropriate remedial measures. The notified body shall notify the Federal Ministry of Economics and Labour and the relevant market surveillance procedures of the competent market surveillance authority if they are subject to the certificate or admission, revoked or with , or any intervention by the competent authority may prove necessary. The Federal Ministry of Economics and Labour shall immediately inform the other Member States of the European Union and the European Commission.

(6) If a notified body operating in Austria refuses to issue or supplement an EC type-examination certificate or to approve or supplement the quality system, it shall suspend, revoke or impose restrictions on the quality system. the applicant/person concerned within 14 days of the supervisory complaint to the Federal Ministry for Economic Affairs and Labour. In the case of the supervisory complaint, the applicant/person concerned shall state the reasons for issuing or supplementing an EC type-examination certificate or for the approval or addition of the quality system or to the omission of the quality system. suspension, whose revocation or restriction should have been carried out. The Federal Ministry of Economics and Labour has to examine the supervisory complaint and may be the designated body responsible for issuing or supplementing an EC type-examination certificate or the approval or addition of the quality assurance system. shall be refused, suspended, revoked or subject to restrictions, or any other notified body, at the applicant's/party's expense, with a new examination or supplementary examination.

(7) In order to ensure the uniform application of this Regulation (or ) in the European internal market, the notified bodies authorised by Austria shall have the European exchange of experience of the notified bodies responsible for machinery safety and between the notified bodies responsible for the designation, notification and (c) to take part in the supervision of the designated bodies and the notified bodies, or at least to organise verifiably the representation by other notified bodies of Austria and the exchange of information on this.

Installation and use of machines

§ 15. Whereas, in accordance with Community law, it is possible to lay down requirements which are deemed necessary to protect persons, in particular workers, in the installation and use of machinery, provided that such changes do not change; of these machines shall be subject to the provisions of this Regulation.

CE marking

§ 16. (1) The CE marking shall consist of the letters 'CE' with the typeface reproduced in Annex III (Annex III to the machinery directive).

(2) The CE marking shall be affixed to the product in a legible and permanent way, in accordance with Annex III (Annex III to the Machinery Directive).

(3) No markings, signs or inscriptions may be affixed to machinery which may be confused with the CE marking by third parties in respect of their meaning or form or in both respects. Any other marking may be affixed to machinery if it does not adversely affect the visibility, legibility and meaning of the CE marking.

Non-compliant marking

§ 17. (1) The following facts shall be deemed to be non-compliant:

a)			the affixing of the provisions of this Regulation (or the CE marking provided for in this Regulation (or the machinery directive), products not covered by the machinery;
b)			the absence of the CE marking and/or the EC declaration of conformity to a machine;
c)			Marking of a machine with a CE marking other than the CE marking, which is inadmissible pursuant to Article 16 (3) (Article 16 (3) of the Machinery Directive).

(2) A marking shall be established which is not in accordance with the relevant provisions of this Regulation (or of the machinery directive), the manufacturer or his authorised representative shall be obliged to comply with the provisions of this Regulation (or of the Machinery Directive) and to terminate the unlawful state, if necessary in accordance with the requirements of the Market Supervisory Authority.

(3) If the non-conformity persists, all appropriate measures within the meaning of Section 11 shall be taken by the Market Supervisory Authority in order to restrict or restrict the placing on the market and/or putting into service of the product in question. , or to ensure that it is pulled out of circulation.

Secrecy

§ 18. (1) Without prejudice to other rules and practices in the field of secrecy, all shall be subject to the application of this Regulation (s). of the Machine Directive) and to treat confidentially information obtained in the performance of their duties. In particular, business, professional and trade secrets must be treated confidentially, unless their disclosure is necessary in the interests of the safety and health of persons.

(2) Paragraph 1 is without prejudice to the obligation of the authorities and the notified bodies for the exchange of information and of warning messages.

Cooperation with market surveillance authorities in the internal market

§ 19. (1) The Federal Ministry of Economics and Labour, as the supreme market surveillance authority, conducts cooperation with the supreme market surveillance authorities of the other Member States of the European Union, the other contracting states of the European Union. The Economic Area and the other equal States and with the European Commission, organizes participation in the exchange of experience within the framework of the Group for Administrative Cooperation of Market Supervisory Authorities for Machines (ADCO Group) of the Member States of the European Union, the other States Parties to the European Economic Area and to other equivalent States (Article 19 of the Machinery Directive) and shall transmit and receive the uniform application of this Regulation (or the Machine Directive), decisions and information of the ADCO Group or of its individual nominated members.

(2) Decisions and information relevant to Austria of the Administrative Cooperation Group of the Market Supervisory Authorities for Machinery (ADCO Group) or their individual nominated members shall be adopted by appropriate measures. Austrian market surveillance authorities, in particular by inclusion in Annex XV.

Dissemination of key decisions, decisions and information

§ 20. (1) Annex XV contains the text or address for the electronic accessibility of decisions and decisions of the European Commission or of the Committee on Machinery (Article 22 of the Machinery Directive), as well as decisions and decisions taken by the Commission and the Commission. Information from the Group for Administrative Cooperation of the Market Supervisory Authorities for Machinery (ADCO Group) or its individual nominated members (Article 19 of the machinery directive) and other information provided by the European the Commission (Article 21 of the Machinery Directive), which is responsible for: the application and implementation of this Regulation (or of the Machinery Directive).

(2) Amendments to Annex XV shall be made by the Federal Minister of Economics and Labour in the Bundesgesetzblatt (Federal Law Gazans).

Expiry of legislation

§ 21. (1) The machinery safety regulation, BGBl. N ° 306/1994, as amended by the BGBl Regulations. No. 31/1995, BGBl. No 781/1996 and BGBl. II No 131/1999, shall expire on 28 December 2009.

(2) referrals to the repealed Machinery Safety Regulation (or the machinery-Directive 98 /37/EC) shall be considered as references to this Regulation (or Machinery Directive 2006 /42/EC). They shall be set out in accordance with the correlation table in Annex XII (or Annex XII of the Machinery Directive).

entry into force

§ 22. (1) This Regulation shall enter into force on 29 December 2009.

(2) This Regulation shall enter into force on 29 June 2011 with regard to the placing on the market and the putting into service of portable fastening devices with propellant charge and other firearms with propellant charge.

Bartenstein