Eleventh Ordinance on the Product Safety Act (explosion protection regulation) (11. ProdSV)

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11. ProdSV

Date of completion: 12.12.1996

Full quote:

" Eleventh Ordinance on the Product Safety Act (explosion protection regulation) of 12 December 1996 (BGBl. I p. 1914), most recently by Article 21 of the Law of 8 November 2011 (BGBl. I p. 2178)

Status:

Last amended by Art. 21 G v. 8.11.2011 I 2178

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 20.10.1996 + + +) 

  

Heading: IdF d. Art. 21 No. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011
The V was referred to as Article 1 of the V v. 12.12.1996 I 1914 by the Federal Government after consultation of the Committee on Technical Work Funds, after consultation of the parties involved and by the Federal Ministry for Economic Affairs with the approval of the Bundesrat . She's gem. Article 12 of this V entered into force on 20.12.1996.
This Regulation provides for the implementation of Directive 94 /9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States relating to equipment and protective systems intended for use in Potentially explosive atmospheres (OJ EC No L 100 p. 1).

(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 9/94 (CELEX Nr: 394L0009) + + +) 

  

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§ 1 Scope

(1) This Regulation shall apply to the provision on the market of new

1.

equipment and protective systems intended for use in potentially explosive atmospheres,

2.

Safety, control and control devices for use outside potentially explosive atmospheres, but which are necessary for the safe operation of equipment and protective systems within the meaning of point 1, with a view to explosion hazards or contribute to it, and

3.

Components to be installed in equipment and protective systems within the meaning of point 1.

(2) This Regulation shall not apply to:

1.

Medical equipment intended for use in medical fields,

2.

equipment and protective systems in which the risk of explosion is caused solely by the presence of explosives or chemically unstable substances;

3.

equipment intended for use in domestic and non-commercial environments, in which an explosive atmosphere can be formed only rarely and only as a result of an unintended fuel outlet,

4.

personal protective equipment within the meaning of the Eighth Regulation on the Product Safety Act,

5.

Seagoing ships and mobile off-shore installations, as well as equipment on board these ships or installations,

6.

Means of transport, that is to say, vehicles and associated trailers intended exclusively for the carriage of persons in the air, on road and rail networks or on the waterway, and means of transport, insofar as they are intended for transport of goods in the air, on public road and rail networks, or on the water. Vehicles which are to be used in potentially explosive atmospheres are not excluded,

7.

designed and constructed exclusively for military purposes or for the maintenance of public security or public order, protective systems and devices within the meaning of Article 1 (1) (2).

(3) Where protection against other hazards arising from equipment and protective systems is covered in whole or in part by legislation enacted by other Community Directives into German law, this Regulation shall apply: for these devices and protective systems to protect them from these dangers. The protection against these other hazards referred to in the first sentence of this paragraph shall be that:

a)

to avoid injury or other damage which could be caused by direct or indirect contact;

b)

ensure that no dangerous surface temperatures or dangerous radiations occur on accessible equipment;

c)

experience shows that non-electrical hazards are excluded;

d)

ensuring that predictable overload conditions do not cause dangerous situations.

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§ 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

Equipment shall be machinery, equipment, stationary or mobile devices, control and equipment as well as warning and prevention systems which generate or transmit energy individually or in combination, store, measure, regulate, can be converted or used for processing materials and which have their own potential sources of ignition and can thus cause an explosion.

2.

Protective systems are all devices other than the components of the above-defined devices, which immediately stop the explosions or limit the area affected by an explosion and separate them as autonomous systems separately. on the market.

3.

Components are components which are necessary for the safe operation of equipment and protective systems without, however, fulfilling an autonomous function.

4.

An explosive atmosphere is a mixture of air and combustible gases, vapours, mists or dusts under atmospheric conditions, in which the combustion process is transferred to the entire unburned mixture after ignition has been carried out.

5.

Potentially explosive atmospheres is the area in which the atmosphere can be explosive due to local and operational conditions.

6.

In accordance with the intended use, the equipment referred to in Article 1 (3) of Directive 94 /9/EC shall be classified in groups of equipment to which, in accordance with the degree of protection required, in accordance with Annex I to Directive 94 /9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 327, 22.3.1994, p. EC No L 100 p. 1) Equipment categories are assigned.

7.

Intended use is the use of equipment, protective systems and devices within the meaning of § 1 (1) no. 2 according to the equipment group and category and in compliance with all the manufacturer's information necessary for the safe operation .

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§ 3 Safety requirements

Equipment, protective systems and devices within the meaning of Article 1 (1) (2) may only be made available on the market if they comply with the essential health and safety requirements laid down in Annex II to Directive 94 /9/EC, and the proper installation, maintenance and intended use do not endanger the safety and health of persons and the safety of domestic animals or goods. Unofficial table of contents

§ 4 Requirement for the provision on the market

(1) Devices and protective systems may only be made available on the market if:

1.

the equipment and protective systems are accompanied by the CE conformity marking in accordance with Article 5 (1) and (2) of Directive 94 /9/EC, in addition to the marking in accordance with Annex II, point 1.0.5. of Directive 94 /9/EC, and an EC declaration of conformity in accordance with Annex X (B) of the Directive 94 /9/EC, as a result of which the manufacturer or his authorised representative established in the Community or in another Contracting State of the Agreement on the European Economic Area confirms that:

a)

the equipment and protective systems comply with the essential safety requirements of § 3;

b)

the procedures laid down in Article 8 (1) to (4) of Directive 94 /9/EC are complied with in accordance with the provisions of Annexes III to IX to Directive 94 /9/EC, and

c)

he has fulfilled his obligations with regard to the notified body he has designated, and

2.

the equipment and protective systems of the manufacturer or his authorised representative established in the Community or in another Contracting State of the Agreement on the European Economic Area, an operating instructions in accordance with Annex II, point 1.0.6. of the Directive 94 /9/EC.

(2) Paragraph 1 (1) shall apply to devices within the meaning of Article 1 (1) (2). (3) Paragraph 1 shall apply with the exception of the labelling requirements laid down in Annex II (1.0.5) of Directive 94 /9/EC and the provisions on the CE marking for components accordingly. Components may only be made available on the market if the manufacturer or his authorised representative established in the Community or in another State Party to the Agreement on the European Economic Area has a written issued a certificate stating the conformity of the components with the provisions applicable to them and showing the characteristics of these components and the conditions for their installation in a device or protection system; which help to ensure that the equipment or protective systems used for finished equipment or protective systems the basic requirements are met. Components on which a CE marking is affixed may not be made available on the market. (4) The documents and correspondence relating to the conformity assessment procedures referred to in paragraph 1 (1) (b) shall be provided in a Official language of the Member State of the European Communities or of another State Party to the Agreement on the European Economic Area in which the said procedures are carried out, or in one of the notified bodies (5) By way of derogation from paragraphs 2 to 4, the , at the request of the competent authorities, the provision on the market of equipment, protective systems and devices within the meaning of Article 1 (1) (2) within the scope of this Regulation, to which the provisions referred to in paragraph 1 (b) (b) (6) The devices, protective systems and devices within the meaning of Article 1 (1) (2) shall also be subject to other legislation which shall be subject to the CE marking. is also confirmed by the CE marking, that the equipment, protective systems and In accordance with Article 1 (1) (2), devices shall also comply with the provisions of those other relevant legislation. However, if, in accordance with one or more of these laws, the manufacturer is free to choose the applicable rules during a transitional period, the CE marking shall only confirm that the equipment, protective systems and Devices as defined in section 1 (1) (2) shall comply with the provisions of the first sentence of paragraph 1. In such cases, the documents, notices or instructions to be annexed to the equipment, protective systems and devices referred to in Article 1 (1) (2) shall be subject to all the numbers of the legislation which it applies to the legislation Community directives, as published in the Official Journal of the European Communities. Unofficial table of contents

§ 5 CE conformity marking

(1) The CE conformity marking required in accordance with § 4 (1) no. 1 must be visible, legible and permanently affixed to any device, protective system and device within the meaning of section 1 (1) (2). (2) The CE conformity marking consists of the letters "CE" in accordance with Annex X of Directive 94 /9/EC. The identification number of the notified body is behind the CE marking, provided it operates in the production monitoring phase. (3) No markings may be used on the device, the protection system or the device within the meaning of Section 1 (1) (2). , which may mislead third parties with regard to the meaning and typeface of the CE marking. Any other marking may be affixed to the device, protection system or device within the meaning of section 1 (1) (2) if it does not affect the visibility and legibility of the CE marking. (4) The market surveillance authorities shall assume that equipment, protective systems and devices which are marked with the CE marking and which are accompanied by the EC declaration of conformity in accordance with Annex X (B) of Directive 94 /9/EC comply with the requirements of this Regulation. Unofficial table of contents

§ 6 Administrative Offences

Contrary to § 4 (1) (1) (a) or (b), in accordance with Section 4 (1) (1) (a) or (b), in breach of Section 4 (1) (1) of the Product Safety Act, contrary to § 4 (1) (1) (a) or (b) of the Product Safety Act, the provisions of Article 39 (1 No. 2, also in conjunction with paragraph 3 sentence 1, or contrary to § 4 para. 3 sentence 2 or 3, provides a device, a protection system, a device or a component on the market. Unofficial table of contents

§ 7 (omitted)