Twelfth Ordinance on the Product Safety Act (elevator regulation-12. ProdSV)

Unofficial table of contents

12. ProdSV

Date of completion: 06.04.2016

Full quote:

" elevator ordinance of 6 April 2016 (BGBl. I p. 605) "

Replacing V 8053-4-15 v. 17.6.1998 I 1393 (GSGV 12)

For more details, please refer to the menu under Notes

1

This Regulation provides for the implementation of Directive 2014 /33/EU of the European Parliament and of the Council of 26 February 2014 on the approximation of the laws of the Member States relating to lifts and safety components for elevators (OJ L 376, 27.11.2014, p. OJ L 96 of 29.3.2014, p. 251).

Footnote

(+ + + Text credits: 20.4.2016 + + +) 
(+ + + For application cf.  § § 1, 2, 13 + + +) 
  
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EURL 33/2014 (CELEX Nr: 32014L0033) + + +) 

  

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Input formula

Due to § 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 Summary

Section 1General provisions

§ 1	Scope
§ 2	Definitions
§ 3	Placing on the market and on the market
§ 4	Presumption of conformity

Section 2Duties of economic operators

§ 5	General obligations of assembly operations
§ 6	Special characteristics and information requirements of assembly operations
§ 7	General obligations of the manufacturer
§ 8	Special characteristics and information requirements of the manufacturer
§ 9	Authorised representative of the assembly establishment, authorised representative of the manufacturer
§ 10	General obligations of the importer
§ 11	Special identification and information requirements of the importer
§ 12	Obligations of the trader
§ 13	Importer or distributor as manufacturer
§ 14	Indication of economic operators

Section 3conformity assessment procedures

§ 15	Conformity assessment procedures for lifts
§ 16	Conformity assessment procedures for safety components for lifts

Section 4Market monitoring

§ 17	Corrective measures taken by economic operators
§ 18	Provisional measures of the market surveillance authority
§ 19	Conformal elevators or safety components for elevators posing a risk
§ 20	Formal non-compliance

Section 5Administrative Offences, Crime and Final Provisions

Section 21	Irregularities
Section 22	Offences
Section 23	Transitional provisions
§ 24	Entry into force, external force

Section 1
General provisions

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§ 1 Scope

(1) This Regulation shall apply to new lifts which are placed on the market or issued when those lifts are used for the purpose of:

1.

Permanent use of buildings and buildings, and

2.

are intended for the transport of persons, for the carriage of passengers and goods or for the carriage of goods only.

In the case of lifts intended only for the carriage of goods, this Regulation shall apply only if the lifts have accessible load carriers and control devices inside the carrier or within the reach of the carrier. person is arranged. (2) This Regulation shall also apply to new safety components for lifts which are made available or issued on the market. (3) These shall be subject to the following conditions: Regulation shall not apply to:

1.

lifts specially designed and constructed for military purposes or for the maintenance of public order;

2.

construction site lifts,

3.

Escalators and moving walkways,

4.

Lifting equipment installed in means of transport;

5.

Lifting equipment connected to a machine and intended solely for access to workstations, including maintenance and inspection points on machinery,

6.

lifting equipment with a driving speed of up to 0.15 meters per second,

7.

Lifting equipment from which work can be carried out,

8.

Hoisting equipment for the carriage of performers in artistic performances,

9.

Shaft conveyors,

10.

cable-operated facilities, including cable cars,

11.

Cogwheel railways.

(4) In the case of a lift or a safety component for lifts, the provisions of Directive 2014 /33/EU of the European Parliament and of the Council of 26 February 2014 on the approximation of the laws of the Member States relating to lifts and lifts shall be the subject of a lift or a security component for lifts and Safety components for lifts (OJ L 327, 22.4. 251), which is wholly or partly covered by specific legislation which implements other European Union legislation in German law, this Regulation shall not apply to such lifts or these safety components for elevators and the corresponding risks. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:

1.

Elevator:

a)

a hoist that moves between fixed levels by means of a load carrier which moves along the rigid guides inclined by more than 15 degrees with respect to the horizontal, or

b)

A lifting device which does not necessarily move along rigid guides, but in a spatially fully defined path,

2.

provision on the market: any release of a security component, whether in return for payment or free of charge, for lifts for distribution or use on the market of the European Union in the context of a business activity;

3.

Authorized representative: any natural or legal person established in the European Economic Area who has been instructed in writing by an installer or a manufacturer to carry out, on his behalf, certain tasks in order to fulfil his obligations in accordance with the relevant legislation of the European Union,

4.

CE marking: marking by which the installer or the manufacturer declares that the lift or the safety component for lifts satisfies the applicable requirements laid down in the European Union's harmonisation legislation are laid down by their affixing,

5.

EU declaration of conformity: a declaration pursuant to Article 17 of Directive 2014 /33/EU,

6.

Harmonised standard: a harmonized standard within the meaning of Article 2 (1) (c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 November 2012 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. OJ L 316, 14.11.2012, p.12),

7.

Manufacturer: any natural or legal person who makes or manufactures a security component for lifts and which markets this safety component for lifts under its own name or trademark,

8.

Marketing:

a)

the first-time provision of a security component for lifts on the market; or

b)

the supply of a lift for use on the market of the European Union in the course of a business activity, whether in return for payment or free of charge;

9.

"load carrier" means the part of the lift in which persons or goods or persons and goods are placed for up-or down-boarding,

10.

Assembly operation: any natural or legal person who takes responsibility for the design, manufacture, installation and placing on the market of a lift,

11.

Model lift: a representative lift defined by means of objective parameters, the technical documentation of which shall indicate how the lifts derived from it use identical safety components for lifts listed in Annex I to the Directive 2014 /33/EU comply with the essential health and safety requirements laid down in Directive 2014 /33/EU

12.

Recall: any measure that

a)

the dismantling and harmless disposal of a lift, or

b)

the return of a security component for lifts which has already been provided to the installer or to the end user,

13.

Safety components for elevators: components used in lifts within the meaning of this Regulation and listed in Annex III to Directive 2014 /33/EU,

14.

technical specification: a document which requires the technical requirements to be met by an elevator or a safety component for lifts,

15.

Economic operators: the assembly operation, the manufacturer, the authorised representative, the importer and the distributor.

In addition, the definitions of § 2 of the Product Safety Act of 8 November 2011 (BGBl. 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). Unofficial table of contents

§ 3 placing on the market and making available on the market

(1) elevators may be placed on the market only if:

1.

comply with the requirements of this Regulation and shall be properly installed, properly maintained and operated in accordance with the requirements of this Regulation,

2.

the person responsible for the construction of the building or of the building and the installer of the installation have provided each other with all the necessary information and the appropriate measures have been taken to ensure the proper operation and safe operation of the building, to ensure the use of the lift, and

3.

in addition to the lines or devices required for the safety and operation of the elevator, no further lines or devices are installed or installed in the elevator shaft.

(2) Safety components for lifts may only be made available on the market if they meet the requirements of this Regulation and are properly installed, properly maintained and operated in accordance with the intended purpose. Unofficial table of contents

§ 4 Conformity of conformity

Those elevators and safety components for lifts which comply with harmonised 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 be the essential elements of the Health and safety requirements set out in Annex I to Directive 2014 /33/EU, provided that they are covered by the relevant standards or parts of those standards.

Section 2
Duties of economic operators

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§ 5 General obligations of assembly operations

(1) The installer shall ensure that the lift is placed on the market in such a way as to ensure that the lift is designed, manufactured and installed in accordance with the essential health and safety requirements set out in Annex I to Directive 2014 /33/EU, and (2) The assembly operation may only place an elevator on the market if the required technical documentation has been drawn up in accordance with Annex IV, Part B, point 3 or Annex VIII, point 3 of Directive 2014 /33/EU, and the Conformity assessment procedures according to Article 15 (1) have been carried out. Where the conformity assessment procedure has shown that the lift complies with the essential health and safety requirements laid down in Annex I to Directive 2014 /33/EU, the installer shall draw up an EU declaration of conformity and shall affix the CE marking in the car in accordance with § 7 of the Product Safety Act. The installer has to ensure that the EU declaration of conformity is attached to each lift. (3) The assembly operation must be accompanied by the technical documentation, the EU declaration of conformity and, where applicable, the approval of the quality assurance systems. keep in place for market surveillance authorities in accordance with Annexes X, XI or XII of Directive 2014 /33/EU as from the placing on the market of the lift for a period of ten years. (4) If the installer is in a position to do so in the light of the risks associated with one of the following Traffic brought in by lift, considered appropriate, it examines complaints to protect the health and safety of end-users. Where necessary, it shall carry out a list of complaints and non-conforming lifts. (5) If the installer has reason to believe that a lift placed on the market is not in conformity with the requirements of this Regulation, it shall immediately take the necessary corrective measures to ensure conformity. Where risks are associated with the lift, the installer shall immediately inform the market surveillance authorities of the Member States of the European Union in which the lift has been placed on the market, in particular on the risks involved, the nature of the Non-compliance and the corrective measures taken. Unofficial table of contents

§ 6 Special marking and information requirements for assembly operations

(1) The installer shall ensure that its lifts carry a type, batch or serial number or other information for their identification when placed on the market. (2) The installer of the installer has his name, his/her name, his/her name and his/her name. registered trade name or its registered trade name, as well as its postal address on the elevator. The postal address is the address of a central location under which the assembly operation can be contacted. The contact data shall be written in a language which can be easily understood by the end-users and the market surveillance authorities. (3) The installer shall ensure that the lift is the operating instructions specified in point 6.2 of Annex I to the Directive 2014 /33/EU is included in the German language. (4) All markings and operating instructions must be clear, comprehensible and clear. (5) The installer shall be obliged to provide the market surveillance authority with all the necessary information. to provide information and documents on paper or electronically, which shall: necessary for the verification of conformity of the lift 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 installer 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 lifts which it has placed on the market. Unofficial table of contents

§ 7 General obligations of the manufacturer

(1) The manufacturer shall ensure that the safety components for lifts are placed on the market, that they are used for the production of

1.

have been designed and manufactured in accordance with the essential health and safety requirements set out in Annex I to Directive 2014 /33/EU, and

2.

allow the lifts to which they are installed to comply with the essential health and safety requirements laid down in Annex I to Directive 2014 /33/EU.

(2) The manufacturer may place safety components on the market only when the necessary technical documentation has been drawn up in accordance with point 3 of Part A of Annex IV to Directive 2014 /33/EU and the conformity assessment procedure referred to in § 16 was carried out. Where the conformity assessment procedure has shown that the safety component for elevators meets the essential health and safety requirements set out in Annex I to Directive 2014 /33/EU, the manufacturer shall establish a EU declaration of conformity and affix the CE marking in accordance with § 7 of the Product Safety Act. The manufacturer must ensure that the EU declaration of conformity is attached to each safety component for elevators. (3) The manufacturer must provide the technical documentation, the EU declaration of conformity and, where appropriate, the authorisations of the Quality assurance systems listed in Annex VI or VII of Directive 2014 /33/EU, from the placing on the market of the security component for lifts for a period of ten years, shall be available for the market surveillance authorities. (4) The manufacturer shall have appropriate Procedures to ensure that, in the case of series production, conformity always with the the requirements of this Regulation shall be ensured. Amendments to the draft or to the characteristics of a safety component for lifts, as well as amendments to the harmonised standards or other technical specifications referred to in the EU declaration of conformity, shall be appropriate. (5) If, in view of the risks associated with a safety component which it provides on the market, the manufacturer considers it appropriate, it shall, in order to protect the health and safety of the End-user samples, examine them and investigate complaints. Where necessary, it shall carry out a list of complaints, non-conforming safety components for lifts and recalls. The manufacturer shall keep the traders and assembly companies informed of this monitoring. (6) If the manufacturer has reason to believe that a safety component for lifts placed on the market does not comply with the requirements of this Regulation , it shall immediately take the necessary corrective measures to establish conformity, or withdraw or withdraw the security component for lifts. Where risks are associated with the safety component for lifts, the manufacturer shall immediately inform the market surveillance authorities of the Member States of the European Union in which they provide the security component for lifts on the market , in particular on the risks, the nature of non-compliance and the corrective measures taken.

Footnote

(+ + + § 7: For application, see § 13 + + +) Unofficial table of contents

§ 8 Special marking and information requirements of the manufacturer

(1) The manufacturer must ensure that his safety components bear a type, batch or serial number or any other information for their identification when placing on the market. If this is not possible due to the size or nature of the safety component for lifts, the manufacturer shall ensure that the information necessary for identification is fixed on a fixed part of the safety component for lifts The manufacturer has his name, registered trade name or registered trademark as well as his postal address on the market. (2) The manufacturer has his name, registered trade name or registered trademark. Attaching safety component for lifts. If this is not possible due to the size or nature of the security component for elevators, these contact data must be indicated on the nameplate. The postal address is the address of a central location under which the manufacturer can be contacted. The contact data shall 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 safety component for elevators is the operating instructions according to the Annex. (4) All markings and instructions must be clear, comprehensible and clear. (5) The manufacturer is obliged to provide the market surveillance authority at its request. all information and documents available on paper or electronically , which are necessary for the verification of the conformity of the safety component for lifts 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 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 linked to the security components for lifts which he has placed on the market.

Footnote

(+ + + § 8: For application cf. § 13 + + +) Unofficial table of contents

§ 9 Plenipotentiary of the assembly establishment, authorised representative of the manufacturer

(1) Both the assembly operation and the manufacturer may appoint an authorised representative in writing. (2) The authorized representative shall carry out the duties assigned to him by the installer or the manufacturer. (3) A assembly operation or a The manufacturer who uses an authorised representative shall carry out at least the following obligations to the authorised representative:

1.

the obligation to keep the technical documentation and the EU declaration of conformity and, where appropriate, the quality assurance system approvals in accordance with § 5 (3) or § 7 (3);

2.

the obligation to provide the market surveillance authority with the information and documents referred to in Article 6 (5) or in Article 8 (5); and

3.

the obligation, at the request of the market surveillance authority, to take all measures necessary to prevent the risks associated with the lifts or the security components for lifts belonging to the authorised representative, work together.

(4) The obligations laid down in § 5 (1) and the obligation to draw up the technical documentation pursuant to § 5 (2) shall not be allowed to transfer the installer to an authorised representative. The obligations laid down in Article 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. Unofficial table of contents

§ 10 General obligations of the importer

(1) The importer may only place on the market safety components for lifts which meet the requirements of this Regulation. (2) The importer shall not place a safety component on the movement until such time as it has been ensured that:

1.

the manufacturer has carried out the conformity assessment procedure in accordance with section 16,

2.

the manufacturer has produced the technical documentation,

3.

the safety component for lifts is marked with the CE marking, and the EU declaration of conformity is attached to it,

4.

the safety component for lifts is accompanied by the operating instructions set out in point 6.1 of Annex I to Directive 2014 /33/EU in the German language, and

5.

the manufacturer has fulfilled the obligations laid down in Article 8 (1) and (2).

Where the importer has reason to believe that a security component for lifts is not in conformity with the requirements of this Regulation, it shall not place this safety component on the market until such time as conformity is established. Where a risk is associated with the safety component for lifts, the importer shall inform the manufacturer and the market surveillance authorities thereof. (4) As long as a security component for lifts is in the responsibility of the importer, shall be responsible for ensuring that the conditions of storage and transport do not comply with the safety component for lifts with the essential health and safety requirements set out in Annex I to Directive 2014 /33/EU (5) If it is the importer, in view of the risks associated with a , as considered appropriate, it shall take samples, examine and investigate complaints in order to protect the health and safety of end-users, and shall be deemed to be appropriate. Where necessary, it shall carry out a list of complaints, non-conforming safety components for lifts and recalls. The importer shall keep the traders and assembly companies informed of these surveillance activities. (6) If the importer has reason to believe that a safety component for lifts placed on the market does not meet the requirements of the of the Regulation, it shall immediately take the necessary corrective measures in order to establish conformity or withdraw or withdraw the security component for lifts. Where risks are associated with the safety component for lifts, the importer shall immediately inform the market surveillance authorities of the Member States of the European Union in which they provide the security component for lifts on the market , in particular on the risks, the nature of non-compliance and the corrective measures taken. Unofficial table of contents

§ 11 Special marking and information requirements of the importer

(1) The importer shall attach his name, registered trade name or registered trade mark to the placing on the market and his postal address on the safety component for lifts. If this is not possible due to the size or nature of the security component for lifts, these contact details must be indicated on the packaging or in the documents attached to the safety component for elevators. The contact data shall be written in a language which may be easily understood by the end-users and the market surveillance authorities. (2) The importer shall, after placing the security component on the market, have a ten-year term of application for lifts. to keep a copy of the EU declaration of conformity and, where appropriate, the approval of the quality systems for the market surveillance authorities, and to ensure that it can submit the technical documentation at the request of the quality system. (3) The The importer shall be obliged to provide the market surveillance authority at the request of the importer provide all information and documentation on paper or electronically required for the verification of the conformity of the safety component for lifts 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 connected with the security components for lifts which he has placed on the market. Unofficial table of contents

§ 12 Duties of the trader

(1) The trader shall take due care of the requirements of this Regulation with due diligence when providing a safety component for lifts on the market. (2) Before the trader a safety component for elevators on the market , it has to verify that

1.

the safety component for lifts is marked with the CE marking, and the EU declaration of conformity is attached to it,

2.

the safety component for lifts is accompanied by the operating instructions set out in point 6.1 of Annex I to Directive 2014 /33/EU in the German language, and

3.

the manufacturer has fulfilled his obligations pursuant to Article 8 (1) and (2) and the importer has fulfilled his obligations pursuant to Article 11 (1).

(3) If the trader has reason to believe that a security component for lifts does not comply with the requirements of this Regulation, it shall not provide that security component for lifts until the market is established. Where a risk is associated with the security component for lifts, the trader shall also inform the manufacturer or importer and the market surveillance authorities thereof. (4) As long as a security component for lifts in the area of responsibility is concerned, the risk is to be reduced. of the trader is responsible for the fact that the conditions of storage and transport do not affect the conformity of the security component for lifts with the requirements of this Regulation. (5) The trader has reason to the Assumption that a security component provided by him on the market in the case of lifts not complying with the requirements of this Regulation, it shall ensure that the necessary corrective measures are taken to ensure conformity or that the security component is withdrawn for lifts or is recalled. Where risks are associated with the security component for lifts, the trader shall immediately inform the market surveillance authorities of the Member States in which he has provided the security component for lifts on the market, in particular on: the risks, the nature of the non-compliance and the corrective measures taken. (6) The trader is obliged to provide the market surveillance authority with all information and documents on paper or electronically at the request of the market surveillance authority, for the verification of the conformity of the security component for lifts with the the requirements of this Regulation are required. The trader shall cooperate with the market surveillance authority, at the request of the market surveillance authority, in all measures relating to the use of risks linked to the security components for lifts which it has provided on the market. Unofficial table of contents

§ 13 Importer or distributor as manufacturer

§ § 7 and 8 shall apply mutatily to a importer or trader if he/she is

1.

a safety component for lifts is placed on the market under its own name or trademark, or

2.

a safety component for lifts already placed on the market so as to be capable of affecting conformity with the requirements of this Regulation.

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Section 14 Information of economic operators

(1) The economic operator shall indicate to the market surveillance authorities, at the request of the market surveillance authorities, the economic operators,

1.

of which he referred to a security component for elevators, and

2.

to which he has delivered a security component for elevators.

(2) The economic operator shall have the information referred to in paragraph 1 available for a period of ten years after the security component has been referred to the lifts and after the security component has been delivered for lifts.

Section 3
Conformity assessment procedures

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Section 15 Conformity assessment procedures for lifts

(1) For lifts, the conformity assessment procedures referred to in Article 16 (1) shall be carried out in conjunction with Annex IV, Part B, Annexes V, VIII, X, XI or Annex XII to Directive 2014 /33/EU. (2) Where the requirements referred to in Article 16 (1) (a) and (2) are b of the conformity assessment procedures referred to in Directive 2014 /33/EU, the person responsible for the design and manufacture of the lift must have all the documents and documents of the person responsible for the installation and testing of the lift provide all necessary information in order to ensure that the lift is properly and properly can be safely installed and properly tested. (3) If the lift is designed and manufactured in accordance with Article 16 (1) (a) of Directive 2014 /33/EU in accordance with a model lift, all admissible persons shall be subject to the following conditions: It is permissible to document the similarity of the different versions of a series with regard to the technical documents clearly indicating the maximum and minimum values. (4) Compliance with the essential elements laid down in Annex I to Directive 2014 /33/EU To demonstrate health and safety requirements by computer or by design drawings or by using both methods. Unofficial table of contents

Section 16 conformity assessment procedures for safety components for lifts

The conformity assessment procedures referred to in Article 15, in conjunction with Annex IV, Part A, Annexes VI, VII or Annex IX to Directive 2014 /33/EU, shall be carried out for safety components for lifts.

Section 4
Market surveillance

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Section 17 Corrective measures of economic operators

(1) Where the market surveillance authority has reason to believe that an elevator or a safety component for lifts poses a risk to the health or safety of humans or to the safety of goods, it shall assess whether the lift or the safety component for lifts complies with the requirements of this Regulation. Economic operators are obliged to cooperate with the market surveillance authorities to the extent necessary to this end. (2) The Market Surveillance Authority concludes that the lift does not meet the requirements of this Regulation. , it shall, without delay, ask the installer to take all appropriate corrective measures, within a time-limit fixed by it, of the nature of the risk, in order to ensure that the lift complies with those requirements (3) The market surveillance authority shall reach the conclusion that the Where the safety component for lifts does not comply with the requirements of this Regulation, it shall immediately request the economic operator concerned, within a time-limit fixed by it and reasonable to the nature of the risk, of all appropriate (4) The Market Surveillance Authority shall inform the Market Surveillance Authority of the measures to be taken in order to ensure that the security component complies with these requirements, or to withdraw or recall the security component for lifts. appropriate notified body on the non-compliance referred to in paragraphs 2 and 3. (5) If the market surveillance authority has reason to believe that the contested lifts are also placed on the market in other Member States of the European Union, or that the contested security components for lifts are also placed on the market in other Member States, Member States of the European Union shall be provided on the market, it shall inform the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin about the result of the assessment referred to in paragraph 1 and the measures to be taken by the economic operator request. 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. (6) The economic operator shall ensure that: all the corrective measures which it takes shall cover all the lifts and safety components concerned for lifts which it has placed on the market or made available on the market in the European Union. Unofficial table of contents

Section 18 Preliminary measures of the market surveillance authority

(1) In the absence of any appropriate corrective measures within the time limit laid down in accordance with Article 17 (2), the market surveillance authority shall take all appropriate provisional measures to ensure that the placing on the market or the use of the (2) The economic operator shall not take any appropriate measures within the time limit laid down in accordance with Article 17 (3), Corrective measures, the market surveillance authority shall take all appropriate measures provisional measures to restrict the provision of the security component for lifts on the market, or prohibits the provision of the safety component for lifts on the market or shall ensure that the safety component is used for the purpose of: (3) If the market surveillance authority has reason to believe that the offending lifts are also placed on the market in other Member States of the European Union, or that the contested lifts are subject to the same conditions, the Safety components for lifts also in other Member States of the European The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) shall immediately inform the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) on the provisional measures referred to in paragraphs 1 or 2. Information provided by the market surveillance authority to the European Commission and to the other Member States of the European Union without delay. (4) The information provided by the market surveillance authority in accordance with the first sentence of paragraph 3 shall be subject to all available information. and, in particular, the data for the identification of the lift in question or of the security component concerned for lifts, its origin, the nature of the alleged non-compliance and the risk, and the nature and duration of the provisional measures taken, and 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 lift or the lift safety component does not meet the essential health and safety requirements set out in Annex I to Directive 2014 /33/EU, or

2.

the harmonized standards where compliance with Article 4 is subject to a presumption of conformity are deficient.

(5) If the Market Surveillance Authority is informed by the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin that in another Member State of the European Union a provisional measure pursuant to Article 38 (4) of Directive 2014 /33/EU the market surveillance authority shall, if it deems this measure to be justified, shall take all appropriate provisional measures pursuant to paragraphs 1 or 2. It shall inform the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) as well as of any further information available to it as regards the Non-compliance of the lift or of the safety component for elevators. 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. (6) The market surveillance authority shall be within the Three months after the information referred to in the first sentence of paragraph 3 or the receipt of information referred to in the first sentence of paragraph 5, 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 recall of the lift or the withdrawal of the security component for elevators. Unofficial table of contents

§ 19 Conforma lifts or safety components for elevators posing a risk

(1) In the context of an assessment pursuant to Article 17 (1), the Market Surveillance Authority shall establish that an elevator poses a risk to the health or safety of people or to the safety of goods, although the lift meets the requirements. of this Regulation, it shall require the installer to take all appropriate corrective measures, within a reasonable period of time, in order to ensure that the lift is no longer a risk, or to take the lift recall or restrict or prohibit its use. (2) Restores the Market surveillance authority in the context of an assessment pursuant to Article 17 (1) that a safety component for lifts poses a risk to the health or safety of people or to the safety of goods, although the safety component for lifts meeting the requirements of this Regulation, it shall invite the economic operator concerned to take all appropriate corrective measures, within a reasonable period of time, in order to ensure that the Safety component for lifts to be placed on the market no longer poses any risk, or (3) 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 Economic Actors request. The information shall include all available information, in particular the data for the identification of the lift or the security component in question for elevators, its origin, its supply chain, the nature of the risk, and the nature and Duration of the measures taken. (4) The economic operator shall ensure that all the corrective measures it takes extend to all the lifts and safety components concerned for lifts which he/she is placing on the market in the European Union (5) The Bundesanstalt für In accordance with paragraph 3, the information referred to in paragraph 3 is immediately available to the European Commission and to the other Member States of the European Union. Unofficial table of contents

§ 20 Formal non-compliance

(1) Regardless of the corrective measures referred to in § 17, the market surveillance authority shall require the economic operator concerned to correct the following non-compliance cases:

1.

the CE marking has not been affixed or has been affixed in violation of Section 7 of the Product Safety Act;

2.

the identification number of the notified body has not been affixed, or in breach of Section 7 (4) of the Product Safety Act,

3.

the EU declaration of conformity has not been issued or has not been properly issued,

4.

the technical documentation is not available or is not complete;

5.

the information provided by the installer in accordance with § 6 (2), the manufacturer in accordance with § 8 (2) or the importer in accordance with § 11 (1) is missing, are incorrect or incomplete,

6.

the information on the identification of the lift pursuant to § 6 (1) or the identification of the security component for elevators pursuant to § 8 paragraph 1 are missing, are incorrect or incomplete, or

7.

the operating instructions are not attached or do not meet the requirements of § 6 (3) and (4) or in accordance with § 8 (3) and (4).

(2) If the non-compliance referred to in paragraph 1 continues,

1.

the market surveillance authority shall take all appropriate measures to restrict the use of the lift, or shall prohibit the use of the lift or shall ensure that the lift is recalled; or

2.

, the market surveillance authority shall take all appropriate measures to restrict the provision of the security component for lifts on the market, or it shall prohibit the provision of the safety component for lifts on the market or shall ensure that the safety component is not available on the market or that the security component for elevators is recalled or withdrawn.

Section 5
Irregularities, offences and final provisions

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§ 21 Administrative Offences

(1) In the sense of Section 39 (1) (7) (a) of the Product Safety Act, who intentionally or negligently acts in accordance with the provisions of Section 39 (1) (7)

1.

, contrary to the first sentence of Article 5 (2) or the first sentence of Article 7 (2), a lift or a safety component shall be placed on the market for lifts,

2.

does not ensure that the EU declaration of conformity is annexed to the lift or to the security component for lifts, in accordance with the third sentence of Article 5 (2) or the third sentence of Article 7 (2),

3.

Article 6 (1) or Article 8 (1) sentence 1 does not ensure that an elevator or a security component for lifts carries a number or other information referred to therein,

4.

the data referred to in the first sentence of Article 6 (2), the first sentence of Article 8 (2) or the first sentence of Article 11 (1), shall not be applied in good time, not in full or in a timely manner,

5.

Contrary to § 6 (3) or § 8 (3), it is not ensured that an elevator or a safety component for elevators is accompanied by an operating instructions,

6.

Contrary to Article 8 (1), second sentence, the information referred to in the first sentence of this paragraph shall not be declared; or

7.

In accordance with Article 10 (2) (1), (3) or (4), a security component for lifts shall be placed on the market.

(2) In the sense of Section 39 (1) (7) (b) of the Product Safety Act, who intentionally or negligently acts in the sense of the order of law

1.

contrary to § 5 (3) or Article 7 (3), in connection with Section 9 (3) (1), or in breach of § 11 (2), a technical document, the EU declaration of conformity or an authorisation not or not for at least ten years,

2.

contrary to § 6 (5) sentence 1 or § 8 (5) sentence 1, also in connection with § 9 paragraph 3, point 2, contrary to § 11 paragraph 3 sentence 1 or § 12 paragraph 6 sentence 1, an information or a document does not, not correct, not complete, not in the in a prescribed manner or not in a timely manner, or

3.

Contrary to Article 14 (1), an economic operator shall not be called or not in good time.

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Section 22 Crime

Anyone who persistently repeats an intentional act referred to in § 21 (1) or endangers the life or health of another or other property of significant value by such intentional act is in accordance with § 40 of the Product safety law punishable. Unofficial table of contents

Section 23 Transitional provisions

(1) lifts which comply with the requirements of Directive 95 /16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts (OJ L 393, 30.4.1995, p. 1), which has been repealed by Directive 2014 /33/EU, and which has been placed on the market before 20 April 2016. (2) Safety components for lifts which meet the requirements of the Directive 95 /16/EC, which has been placed on the market before 20 April 2016, may be made available on the market. (3) Certificates issued by notified bodies in accordance with Directive 95 /16/EC, and decisions, which have been taken by notified bodies in accordance with Directive 95 /16/EC shall remain in the Framework of this Regulation. Unofficial table of contents

Section 24 Entry into force, external force

This Regulation shall enter into force on 20 April 2016. At the same time, the elevator regulation of 17 June 1998 (BGBl. 1393), as last amended by Article 22 of the Law of 8 November 2011 (BGBl). 2178), except for force. Unofficial table of contents

Final formula

The Federal Council has agreed.