First Regulation To The Product Safety Act

Original Language Title: Erste Verordnung zum Produktsicherheitsgesetz

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First Regulation on the Product Safety Act (Regulation on electrical equipment-1. ProdSV)

Non-official table of contents

1. ProdSV

Date of delivery: 17.03.2016

Full quote:

" Regulation on electrical equipment of 17 March 2016 (BGBl. I p. 502) "

Ersets V 8053-4-1 v. 11.6.1979 I 629 (TechArbmGV 1)

For details, see the Notes
menu.
1
This Regulation is intended to implement Directive 2014 /35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the provision of electrical equipment for use within certain voltage limits on the market (OJ L 327, 22.7.1997, p. OJ L 96, 29.3.2014, p. 357).

Footnote

(+ + + Text credits: 20.4.2016 + + +)
(+ + + For application see § 2 S. 2 + + +)

(+ + + Official note of the norm provider on EC law:
Implementation of the
EURL 35/2104 (CELEX Nr: 32014L0035) + + +)

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input formula

As a result of § 8 paragraph 1 of the Product Safety Act of 8 November 2011 (BGBl. I p. 2178, 2179; 2012 I p. 131), which is defined by Article 435 (1) of the Regulation of 31 August 2015 (BGBl. 1474), the Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry for Economic Affairs and Energy, the Federal Ministry of Food and Agriculture, is ordering the Federal Ministry for the Environment, Nature conservation, construction and reactor safety, the Federal Ministry of Transport and Digital Infrastructure and the Federal Ministry of Defence after hearing the Committee on Product Safety: unofficial table of contents

content overview

section 1General rules
§ 1 Scope
§ 2Definitions
§ 3 deployment on the market
§ 4Conformity presumption based on harmonized standards
§ 5Conformity presumption based on international norms
§ 6 Conformity presumption based on national standards
2obligations of economic
§ 7 General obligations of the manufacturer
§ 8Special marking and information requirements of the manufacturer
§ 9Manufacturer's authorized representative
§ 10General obligations the importer
§ 11Special marking and information requirements of the importer
§ 12Dealer's obligations
§ 13Importer or trader as manufacturer
§ 14Economic agents
3Market Surveillance
§ 15 corrective actions of economic operators
§ 16Market monitoring authority provisional measures
§ 17Conformant electrical equipment that represents a risk
§ 18 Formal non-
4Administrative Offences,
Crime and Final Provisions
§ 19 Administrative Offenses
§ 20Crime
§ 21 Transitional rules
§ 22Entry into force, external

Section 1
General rules

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§ 1 Scope

(1) This Regulation is applicable to new electrical Operating equipment provided on the market, provided that such electrical equipment is intended for use at a rated voltage of between 50 and 1 000 volts for alternating current and between 75 and 1 500 volts for direct current. (2) This Regulation is not applicable to
1.
Electrical operating equipment for use in an explosive atmosphere,
2.
electro-radiological and electro-medical equipment,
3.
electrical parts of people-and Load elevators,
4.
electricity meter,
5.
household plug devices,
6.
electrical power supply devices Fence fences,
7.
Electrical equipment under the aspect of radio interference suppression,
8.
special electrical equipment intended for use on ships, aircraft or railways and the safety regulations of international institutions , to which the Member States belong,
9.
Customer and application-specific test modules, which are exclusively used by experts in research and research, Development facilities are used for research and development purposes.
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§ 2 Definitions

In the For the purposes of this Regulation,
1.
EU declaration of conformity: a declaration pursuant to Article 15 of Directive 2014 /35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the provision of electrical equipment for use within certain voltage limits on the market (OJ L 327, 30.4.2004, p. 357),
2.
harmonized standard: a harmonised standard within the meaning of Article 2 (1) (c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of the European Communities Parliament and the Council of 25 European standardisation, amending Council Directives 89 /686/EEC and 93 /15/EEC as well as Directives 94 /9/EC, 94 /25/EC, 95 /16/EC, 97 /23/EC, 98 /34/EC, 2004 /22/EC, 2007 /23/EC, 2009 /23/EC and 2009 /105/EC of the European Parliament and the Council and repealing Council Decision 87 /95/EEC and Decision No 1673 /2006/EC of the European Parliament and of the Council (OJ L 136, 31.5.2002, p. 12),
3.
Manufacturer: any natural or legal person who manufactures or manufactures an electrical equipment and market this electrical equipment under their own name or trademark,
4.
technical specification: a document in which the
The definitions of § 2 of the Product Safety Act of 8 November 2011 (BGBl.) are also required. I p. 2178, 2179; 2012 I p. 131), which is based on Article 435 of the Regulation of 31 August 2015 (BGBl. I p. 1474) has been amended. Non-official table of contents

§ 3 Provision on the market

Electrical equipment may only be used in the following cases: on the market if they match
1.
with the security targets set out in Annex I to Directive 2014 /35/EU,
2.
produced according to the state of security technology in force in the European Union and
3.
if properly installed and maintained, and when used correctly, the health and safety of people, domestic animals and livestock, as well as goods are not
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§ 4 Conformity presumption based on harmonized standards

For electrical equipment, comply with the harmonized standards or parts of these standards, the references of which have been published in the Official Journal of the European Union, shall be presumed to comply with the requirements laid down in Article 3, in so far as those requirements are met by the standards in question, or covered by parts of these standards. unofficial table of contents

§ 5 presumption of conformity based on international norms

electrical equipment which complies with the safety provisions of the international standards laid down by the International Electrotechnical Commission, the references of which have been published in the Official Journal of the European Union; presumes that they meet the requirements of § 3. unofficial table of contents

§ 6 presumption of conformity based on national standards

Unless harmonised standards have been published in accordance with § 4 and no international standards pursuant to § 5, electrical equipment shall be used which shall comply with the safety provisions of the standards in force in the issuing Member State. , it is presumed that they comply with the requirements of § 3 if the standards in force in the producing Member State comply with the German security level.

Section 2
Obligations of the Economic Operators

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§ 7 General obligations of the manufacturer

(1) The manufacturer shall ensure that the manufacturer is responsible for the (2) The manufacturer may place electrical equipment on the market only if the technical documentation referred to in Annex III is not required. Point 2 of Directive 2014 /35/EU has been drawn up and the conformity assessment procedure has been carried out in accordance with point 1 of Annex III to Directive 2014 /35/EU. If the conformity assessment procedure has demonstrated that the electrical equipment meets the requirements of § 3, the manufacturer shall draw up an EU declaration of conformity for the electrical equipment and shall bring the CE marking according to § 7 of the Product Safety Act. (3) The manufacturer must make the technical documentation and the EU declaration of conformity from the placing on the market of the electrical equipment for the duration of ten years for the (4) By means of appropriate procedures, the manufacturer must ensure that, in the case of series production, conformity is always ensured with the requirements of this Regulation. Changes to the design or characteristics of an electrical operating medium, as well as changes in the standards referred to in § § 4 to 6 or other technical specifications referred to in the EU declaration of conformity, shall be appropriate to: (5) In view of the risks associated with an electrical equipment supplied by it on the market, the manufacturer considers it appropriate to protect the health and safety of end-users. Samples, checks them and investigates complaints with regard to non-conformant electrical equipment. Where necessary, it shall list the complaints and the recalls of electrical equipment. The manufacturer shall keep the traders informed of the surveillance activities. (6) If the manufacturer has reason to believe that an electrical equipment placed on the market is not in conformity with the requirements of this Regulation, he shall immediately take the necessary corrective measures to establish conformity, or he shall withdraw or withdraw the electrical equipment. Where risks are associated with the electrical equipment, the manufacturer shall immediately inform the market surveillance authorities of the Member States of the European Union in which he has made available the electrical equipment on the market, in particular on the risks, the nature of non-compliance and the corrective measures taken. Unofficial table of contents

§ 8 Special Labelling and information requirements of the manufacturer

(1) The manufacturer must ensure that his electrical equipment, when placed on the market, has a type, batch or serial number, or any other information relating to its Carry identification. If this is not possible due to the size or nature of the electrical operating means, the manufacturer shall ensure that the information required for identification on the packaging or in the electrical equipment is (2) The manufacturer must attach his name, registered trade name or registered trade mark to the placing on the market and his postal address on the electrical equipment. If this is not possible due to the size or nature of the electrical operating means, these contact data must be indicated on the packaging or in the documents accompanying the electrical equipment. The postal address is the address of a central location under which the manufacturer can be contacted. The contact details must be written in a language which can be easily understood by the end-users and the market surveillance authorities. (3) The manufacturer must ensure that the electrical equipment is used for the management of the plant and the (4) All markings, operating instructions and safety information must be clear, comprehensible and clear. (5) The manufacturer shall be obliged to provide the market surveillance authority with the following information: to provide all information and documents on paper or electronically required for the verification of the conformity of the electrical equipment with the requirements of this Regulation, the request of which shall be made available. The information and documents must be written in German or in a language which can be easily understood by the market surveillance authority. The manufacturer shall cooperate with the market surveillance authority, at the request of the market surveillance authority, in all measures relating to the use of risks associated with the electrical equipment which it has placed on the market. name="BJNR050200016BJNE001100000 " />A non-official table of contents

§ 9 authorized representative of the manufacturer

(1) The manufacturer may appoint an authorized representative in writing. (2) The (3) A manufacturer who uses an authorised representative must carry out at least the following obligations:
1.
the obligation to keep the technical documentation as well as the EU declaration of conformity in accordance with § 7 paragraph 3,
2.
the obligation to provide the market surveillance authority with the information and documents according to § 8 (5), and
3.
the obligation to use the market surveillance authority at the request of all measures to avert the risks associated with the electrical equipment, which are used for the
pursuant to Section 7 (1) and the obligation to draw up the technical documentation pursuant to Section 7 (2) may not be transferred to an authorised representative by the manufacturer. name="BJNR050200016BJNE001200000 " />Non-official table of contents

§ 10 General obligations of the importer

(1) The importer may only place electrical equipment on the market, which comply with the requirements of this Regulation. (2) The importer shall not place an electrical equipment on the market until it has ensured that
1.
Manufacturer has carried out the conformity assessment procedure in accordance with point 1 of Annex III to Directive 2014 /35/EU,
2.
the manufacturer shall create the technical documentation has,
3.
the electrical equipment is marked with the CE marking,
4.
electrical equipment the operating instructions and the safety information are in German language and
5.
the manufacturer of the obligations pursuant to § 8 paragraph 1
(3) If the importer has reason to believe that an electrical equipment does not meet the requirements of § 3, it shall not place this electrical equipment on the market until the conformity of the electrical equipment is in conformity with the requirements of Section 3. is manufactured. Where there is a risk associated with the electrical equipment, the importer shall inform the manufacturer and the market surveillance authorities thereof. (4) As long as an electrical equipment is in the responsible area of the importer, the operator shall be informed of the risk of such a risk. (4) responsible for the fact that the storage and transport conditions do not affect the conformity of the electrical equipment with the requirements of § 3. (5) If the importer is responsible for the risks associated with one of his the electrical equipment supplied to the market is considered to be appropriate, it shall take samples to protect the health and safety of end-users, examine them and investigate complaints with regard to non-conformant electrical equipment Operating means. Where necessary, it shall list the complaints and the recalls of electrical equipment. The importer shall keep the traders informed of these surveillance activities. (6) If the importer has reason to believe that an electrical equipment placed on the market is not in accordance with the requirements of this Regulation, he shall immediately take the necessary corrective measures to establish conformity, or he shall withdraw or withdraw the electrical equipment. Where risks are associated with the electrical equipment, the importer shall immediately inform the market surveillance authorities of the Member States of the European Union in which it has provided the electrical equipment on the market, in particular on the risks, the nature of non-compliance and the corrective measures taken. Unofficial table of contents

§ 11 Special Identification and information requirements of the importer

(1) The importer shall have his name, registered trade name or registered trade mark as well as his postal address on the electrical equipment when placing on the market. . If this is not possible due to the size or nature of the electrical operating means, these contact data must be indicated on the packaging or in the documents accompanying the electrical equipment. The contact details shall be written in a language which may be easily understood by the end-users and the market surveillance authorities. (2) The importer shall have a period of ten years from the placing on the market of the electrical equipment. to keep a copy of the EU declaration of conformity available to the market surveillance authority and ensure that it can submit the technical documentation at the request of the market surveillance authority. (3) The importer shall be obliged to provide the market surveillance authority on the basis of the Require all information and documents to be made available on paper or electronically required for the verification of the conformity of the electrical operating medium with the requirements of this Regulation. The information and documents must be written in German or in a language which can be easily understood by the market surveillance authority. The importer shall cooperate with the market surveillance authority, at the request of the importer, in all measures relating to the use of risks associated with the electrical equipment which he has placed on the market. name="BJNR050200016BJNE001400000 " />Non-official table of contents

§ 12 Obligations of the trader

(1) The dealer must take due care to comply with the requirements of this Regulation when it provides an electrical equipment on the market. (2) Before the trader provides an electrical equipment on the market, he has to verify that
1.
the electrical equipment is marked with the CE marking,
2.
the electrical equipment the operating instructions and the safety information in German are attached and
3.
the manufacturer of his duties pursuant to § 8 (1) and (2) and the importer has fulfilled its obligations under Section 11 (1).
(3) If the trader has reason to believe that an electrical equipment does not comply with the requirements of § 3, it shall not be allowed to use this electrical equipment on the market when the compliance is made. Where there is a risk associated with the electrical equipment, the trader shall also inform the manufacturer or importer and the market surveillance authorities thereof. (4) As long as an electrical equipment is responsible for the The dealer is responsible for the fact that the storage and transport conditions do not affect the conformity of the electrical operating means with the requirements of § 3. (5) If the trader has reason to believe that a does not comply with the requirements of this Regulation, it shall ensure that the necessary measures are taken in order to ensure conformity or that the electrical equipment is Operating medium is withdrawn or recalled. Where risks are associated with the electrical equipment, the trader shall immediately inform the market surveillance authorities of the Member States in which he has made available the electrical equipment on the market, in particular through the risks, the nature of non-compliance and the corrective measures taken. (6) The trader is obliged to make available to the market surveillance authority all information and documents on paper or electronically at the request of the market surveillance authority, which shall: necessary for the verification of conformity of the electrical operating means with the requirements of this Regulation. The trader shall cooperate with the market surveillance authority, at the request of the trader, in all measures relating to the use of risks associated with the electrical equipment which it has made available on the market. name="BJNR050200016BJNE001500000 " />Non-official table of contents

§ 13 Importer or distributor as manufacturer

§ § 7 and 8 are appropriate for a importer or a trader when it
1.
puts an electrical resource under your own name or trademark, or
2.
an electrical equipment on the market is changing to affect compliance with the requirements of this Regulation.
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§ 14 indication of economic operators

(1) The economic operator shall call the market surveillance authorities at their request the Economic operators,
1.
of which it has purchased an electrical resource and
2.
() The economic operator shall provide the information referred to in paragraph 1 for a period of ten years after the electrical operating means has been referred to, and after the supply of the electrical operating means

Section 3
Market Surveillance

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§ 15 corrective measures taken by economic operators

(1) The market surveillance authority has reason to believe that an electrical equipment poses a risk to the health or safety of humans or to domestic and commercial animals or goods. , it shall assess the compliance of the electrical equipment with the requirements of this Regulation. Economic operators shall be obliged to cooperate with the market surveillance authorities to the extent necessary to this end. (2) The market surveillance authority shall reach the conclusion that the electrical equipment meets the requirements of the , it shall immediately invite the economic operator concerned to take all appropriate corrective measures, within a time-limit fixed by it, of the nature of the risk, in order to ensure the conformity of the (3) If the market surveillance authority has reason to believe that the electrical equipment complained of also in the case of , the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Institute for Occupational Safety and Health) shall inform the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin about the results of the assessment referred to in paragraph 1 and the measures to be taken by the other Member States of the European Union on Economic actor has asked. The Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Institute for Occupational Safety and Health) shall immediately forward the information of the market surveillance authority to the European Commission and the other Member States of the European Union. (4) The economic operator shall ensure that: the corrective measures it takes extend to all the electrical equipment concerned, which it has made available on the market in the European Union. href="index.html#BJNR050200016BJNE001800000"> A non-official table of contents

§ 16 Preliminary measures of the market surveillance authority

(1) The economic operator does not take any action within the time limit fixed in accordance with § 15 (2) sentence 1 appropriate corrective measures, the market surveillance authority shall take all appropriate provisional measures to restrict the provision of the electrical equipment on the market, or shall prohibit the provision on the market or ensure that the electrical equipment is withdrawn or recalled. (2) If the market surveillance authority has reason to believe that the electrical equipment complained of is also in other Member States of the European Union on the market, the Federal Institute for Occupational Safety and Health shall inform the Federal Institute for Occupational Safety and Health without delay of the provisional measures referred to in paragraph 1. The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) shall immediately forward the information of the market surveillance authority to the European Commission and the other Member States of the European Union. (3) The information provided by the The market surveillance authority referred to in the first sentence of paragraph 2 shall contain all available information, in particular the data relating to the identification of the electrical equipment concerned, its origin, the nature of the alleged non-conformity and the risk and the nature and duration of the provisional measures taken, together with the arguments of the economic operator concerned. In particular, the Market Surveillance Authority shall indicate whether the non-compliance is due to the fact that
1.
the electrical equipment meets the requirements of § 3 does not meet or
2.
the standards referred to in § § 4 to 6, where compliance is subject to a presumption of conformity, are deficient.
(4) market surveillance authority of the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin informs that in another Member State of the European Union a provisional measure has been taken in accordance with Article 19 (4) of Directive 2014 /35/EU, the market surveillance authority, if it considers this measure to be justified, shall take all appropriate provisional measures as referred to in paragraph 1. It informs the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) as well as about all other information available to it regarding the non-compliance of the electrical operating medium. Provided that the market surveillance authority does not consider the provisional measure taken by the other Member State to be justified, it shall inform the Federal Institute for Occupational Safety and Health within two months of this and shall give its Objections. The Federal Institute for Occupational Safety and Health shall immediately forward the information referred to in sentences 2 and 3 to the European Commission and to the other Member States of the European Union. (5) The market surveillance authority shall be within the Three months after the information referred to in the first sentence of paragraph 2 or the receipt of information referred to in the first sentence of paragraph 4, no information on an objection against a provisional decision taken by it or any other Member State of the European Union In the event of a measure, this provisional measure shall be deemed to be justified. The market surveillance authority shall, in this case, immediately take appropriate restrictive measures, such as the withdrawal of the electrical equipment. unofficial table of contents

§ 17 conformers of electrical equipment that pose a risk

(1) The market surveillance authority shall determine in the context of an assessment pursuant to § 15 (1), that an electrical equipment constitutes a risk to the health or safety of humans or to domestic and livestock animals or goods, even though the electrical equipment satisfies the requirements of this Regulation, it shall: to take all appropriate corrective measures to ensure that the electrical equipment does not pose any risk to the placing on the market, within a reasonable time-limit of the nature of the risk, or that the electrical equipment is withdrawn or recalled. (2) The Market Surveillance Authority shall inform the Federal Institute for Occupational Safety and Health of the determination and the measures to be taken by the Federal Agency for the Protection of Health and Safety at Work. Economic actor has asked. The information shall include all available information, in particular the data for the identification of the electrical equipment concerned, its origin, its supply chain, the nature of the risk, and the nature and duration of the measures taken. (3) The economic operator shall ensure that the corrective measures which it takes extend to all the electrical equipment concerned which it has made available on the market in the European Union. (4) The Federal Agency for In accordance with paragraph 2, the information referred to in paragraph 2 shall be sent immediately to the European Commission and to the other Member States of the European Union. unofficial table of contents

§ 18 Formal non-compliance

(1) Regardless of the corrective actions referred to in § 15, the market surveillance authority shall call upon the economic operator concerned to: to correct the following non-compliance cases:
1.
the CE marking was not or in violation of § 7 of the Product Safety Act
2.
The EU Declaration of Conformity was not issued or not correctly issued,
3.
the technical documentation is not available or not complete,
4.
the manufacturer's specifications in accordance with § 8 paragraph 2 or the importer in accordance with § 11 paragraph 1 are missing, are false or incomplete or
5.
is another formal requirement according to § § 7, 8, 10 or § 11
(2) If the non-compliance referred to in paragraph 1 continues, the Market Surveillance Authority shall take all appropriate measures to restrict the provision of the electrical equipment on the market or prohibit the use of such equipment on the market. Provision on the market or ensures that the electrical equipment is recalled or withdrawn.

Section 4
Administrative Offences, Crime and Final Provisions

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§ 19 Administrative Offences

(1) unlawful within the meaning of § 39 (1) (7) (a) of the Product Safety Act, who intentionally or negligently
1.
in contrast to § 7 (2) sentence 1 an electrical operating medium in the traffic
2.
contrary to the first sentence of Article 8 (1), it does not ensure that an electrical equipment has a number or other information referred to therein.
3.
contrary to § 8, paragraph 1, sentence 2, does not ensure that a given information is provided,
4.
contrary to § 8, paragraph 2, sentence 1 or § 11, paragraph 1, sentence 1, data referred to there not, not correct, not complete, or not timely,
5.
contrary to § 8 paragraph 3, it does not ensure that an electrical equipment is attached to an operating manual and the safety information, or
6.
contrary to § 10 (2) (1), (3) or (4), an electrical equipment is placed on the market.
(2) Contrary in the sense of § 39 (1) (7) (b) of the Product Security Act, who intentionally or negligently
1.
contrary to § 7 paragraph 3, also in connection with § 9 paragraph 3, point 1, or contrary to § 11 paragraph 2, a technical document, an EU declaration of conformity or a copy referred to in that document, or not at least 10 years,
2.
contrary to § 8 (5) sentence 1, also in connection with Section 9 (3) (2), contrary to § 11 (3) sentence 1 or § 12 (6) sentence 1, does not provide any information or a document, not correct, not complete, in the prescribed manner or not in good time or
3.
contrary to § 14, paragraph 1, an economic operator is not called or not in good time.
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§ 20 offenses

who persistently repeats an intentional act referred to in § 19, paragraph 1, or life, or through such intentional action, Health of another or other property of significant value is endangered, is criminal in accordance with § 40 of the Product Safety Act. Non-official Table of contents

§ 21 Transitional provisions

Electrical equipment which meets the requirements of Directive 2006 /95/EC of the European Parliament and of the Council of 12 December 2006 on the approximation of the laws of the Member States Member States relating to electrical equipment for use within certain voltage limits (OJ L 327, 31.12.2002, p 10), which has been repealed by Directive 2014 /35/EU, and which has been placed on the market before 20 April 2016, may be made available on the market. unofficial table of contents

§ 22 Entry into force, repeal

This regulation will enter into force on 20 April 2016. At the same time, the regulation on the provision of electrical equipment for use within certain voltage limits occurs on the market of 11 June 1979 (BGBl. 629), as last amended by Article 15 of the Law of 8 November 2011 (BGBl). 2178), except for force. unofficial table of contents

Final formula:

The Federal Council has agreed.

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