Eleventh Regulation To The Product Safety Act (Explosion Protection Ordinance)

Original Language Title: Elfte Verordnung zum Produktsicherheitsgesetz (Explosionsschutzverordnung)

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Read the untranslated law here: http://www.gesetze-im-internet.de/gsgv_11/BJNR191410996.html

Eleventh regulation to the product safety Act (explosion protection Ordinance) (11 ProdSV) 11 ProdSV Ausfertigung date: 12.12.1996 full quotation: "eleventh regulation to the product safety Act (explosion protection Ordinance) of 12 December 1996 (BGBl. I S. 1914), most recently by article 21 of the law of 8 November 2011 (BGBl. I S. 2178) is changed" stand: last amended by art. 21 G v. 8.11.2011 I 2178 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 20.10.1996 +++) heading: IdF d. art. 21 No. 1 G v. 8.11.2011 2178 mWv 1.12.2011 which became article 1 of the V v. 12.12.1996 V I in 1914 by the Federal Government after consultation with the Committee for technical equipment, after consultation with the interested parties, as well as by the Federal Ministry for Economics with the consent of the Federal Council adopted. She entered into force article 12 of this V on the 20.12.1996 according.
This regulation is the implementation of the 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 concerning equipment and protective systems intended for use in potentially explosive atmospheres (OJ EC No. L 100, p. 1). (+++ Official note of the standard authority on EC law: implementation of EGRL 9/94 (CELEX number: 394 L 0009) +++) § 1 scope of application (1) this Regulation applies to the making available on the market of new 1. equipment and protective systems intended for use in potentially explosive atmospheres, 2. safety, control and regulating devices for use outside potentially explosive atmospheres, that with regard to explosion hazards but are required for the safe operation of equipment and protective systems within the meaning of point 1 or contribute , and 3 components that are to be incorporated into equipment and protective systems within the meaning of point 1.
(2) this Regulation shall not apply to: 1. medical devices intended for use in medical fields, 2. equipment and protective systems where the explosion hazard only by the presence of explosives or chemically unstable substances is caused 3. devices that are intended for use in domestic and non-commercial environment can be made in a potentially explosive atmosphere only infrequently and only as a result of accidental leakage of fuel , 4. personal protective equipment in the eighth regulation to the product safety Act, 5. seagoing vessels and mobile off-shore units, as well as the equipment on board these ships or equipment, 6 means of transport, i.e. vehicles and accompanying trailers, which are intended exclusively for the carriage of persons in the air, road and rail networks or on water and transportation, as far as for the transport of goods in the air , designed on public roads and rail networks or on water. Not excluded vehicles that will be used, 7 exclusively for military purposes or to maintain public safety or public order planned, constructed and built equipment, protective systems and devices within the meaning of § is 1 para 1 No. 2 (3) in potentially explosive atmospheres protection against other hazards that go out, wholly or in part by legislation of equipment and protective systems , by the other Community directives be implemented into German law, so this regulation does not apply to these devices and protection systems to protect against these threats. The protection against these other risks pursuant to sentence 1 is that a) be avoided injuries or other damage, caused by direct or indirect contact
(b) is ensure that accessible parts not dangerous surface temperatures or hazardous radiations occur at;
(c) experience has shown that any non-electrical hazards are excluded;
(d) ensure is that foreseeable conditions of overload cause any dangerous situations.

Article 2 definitions for the purposes of this regulation the following definitions shall apply: 1. when devices are apply machines, equipment, stationary or transportable devices, control and equipment parts as well as warning and prevention systems that produce individually or combined energy or transferred, store, measure, control, convert or consume or for processing of materials and which can have their own potential sources of ignition and causing an explosion.
2. all devices with the exception of the components of the above-defined devices are called protection systems, which immediately stop explosions running to or an explosion hit area limit and separately provided on the market as autonomous systems.
3. components are components that are required for the safe operation of equipment and protective systems, without even 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 after the inflammation spreads to the entire unburned mixture.
5. hazardous area is the area in which the atmosphere due to local and operational conditions can be explosive.
6. According to the intended purpose the equipment referred to in article are classified 1 para 3 of Directive 94/9/EC in device groups, which according to the required degree of protection according to annex I of the 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 concerning equipment and protective systems intended for use in potentially explosive atmospheres (OJ EC No. L 100 p. 1) are associated with categories.
7 intended use is the use of equipment, protective systems and devices within the meaning of § 1 para 1 No. 2 in accordance with the equipment group and category and in accordance with all manufacturer's instructions, which are necessary for safe operation.

Section 3 safety equipment, protective systems and devices within the meaning of § 1 para 1 No. 2 may provided only on the market, if they comply with the essential safety and health requirements of annex II of to Directive 94/9/EC and not to endanger the safety and health of persons, and the safety of domestic animals or property when proper installation, maintenance, and intended use.

§ 4 requirement for the making available on the market (1) equipment and protective systems must provided only on the market, if 1 the equipment and protective systems in addition to the markings referred to in annex II of Directive 94/9/EC with CE conformity marking according to § 5 para 1 and 2 No. 1.0.5. are provided and an EC declaration of conformity in accordance with annex X 6(1)(b) of Directive 94/9/EC is attached to them , which confirms the manufacturer or his authorised representative established in the community or in another Contracting State to the agreement on the European economic area, that a) the equipment and protective systems comply with the basic safety requirements of § 3, b) article 8 par. 1 to 4 of the Directive 94/9/EC procedures according to annexes III to IX of to Directive 94/9/EC observed are in and c) he has fulfilled his obligations to the notified body appointed by him , and 2 the equipment and protective systems one of the manufacturer or his authorised representative established in the community or in another Contracting State to the agreement on the European economic area operating instructions annex II No. 1.0.6. the Directive 94/9/EC is.
(2) paragraph 1 No. 1 applies to devices within the meaning of § 1 para 1 No. 2 according to.
(3) paragraph 1 shall apply with the exception of the labelling provisions referred to in annex II No. 1.0.5. the Directive 94/9/EC and the rules for the CE marking for components accordingly. Components may be deployed only on the market, if the manufacturer or his authorised representative established in the community or in another Contracting State to the agreement on the European economic area has issued a written certificate, declaring the conformity of the components with the provisions applicable to them and to be seen are the characteristics of these components, as well as the conditions for their integration into a device or protection system from the , which help to meet the essential requirements applicable to finished equipment or protective systems. Components, a CE marking is affixed to them, may not be ready on the market.
(4) the documents and correspondence concerning paragraph 1 No. 1 letter of b above conformity assessment procedures are drawn up in an official language of the Member State of the European communities or another Contracting State to the agreement on the European economic area, in which carried out the procedure, or in a language accepted by the notified body.

(5) by way of derogation paragraphs 2 to 4 the competent authorities reasoned request may allow the deployment on the market of equipment, protective systems and devices within the meaning of § 1 para 1 No. 2 in the area of application of this regulation, on which you no. 1 letter of b procedure not have been applied in paragraph 1, if its use in the interest of protection is offered.
(6) the equipment, protective systems, and devices within the meaning of § 1 para 1 are subject to no. 2 other legal provisions that stipulate the CE marking, is confirmed by the CE mark also, that the equipment, protective systems, and devices no. 2 also comply with the provisions of this other relevant legislation within the meaning of § 1 para 1. The choice of the applicable rule is free however in accordance with one or more of these rules during a transitional period the manufacturer, so the CE marking confirms in this case only, that the equipment, protective systems, and devices no. 2 correspond to the legislation applied by the manufacturer within the meaning of § 1 para 1 pursuant to sentence 1. In these cases all numbers of Community directives underlying legislation applied by him must be in the listed the equipment, protective systems and devices documents to be annexed to no. 2 in the sense of § 1 para 1, remarks or instructions as published in the official journal of the European communities.

§ 5 CE conformity marking (1) No. 1 required CE conformity marking must under article 4(1) on any device, any protection system and every device within the meaning of § 1 para 1 No. 2 visible, be legible and permanently attached.
2. the CE conformity marking consists of the initials 'CE' referred to in annex X of Directive 94/9/EC. The CE marking is the identification number of the notified body, unless this is involved in the production control phase.
(3) No. 2 may be on the device, the protective system or device in the sense of § 1 para 1 no tags attached, which can mislead third parties as to the meaning and the lettering of the CE marking. Any other marking may be affixed No. 2 on the device, the protective system or device in the sense of § 1 para 1, if the visibility and legibility of the CE marking is not adversely affected.
(4) the market surveillance authorities assume that equipment, protective systems and devices, which are marked with the CE-marking and which the EC declaration of conformity Directive 94/9/EC is attached in annex X meet the requirements of this regulation.

§ 6 offences any person within the meaning of article 39, paragraph 1 number 7 is, letter a of the product safety act who intentionally or negligently violates article 4 para 1 No. 1 letter a or b, each also in combination with paragraph 2 or 3 sentence 1, against § 4 para 1 No. 2, also in connection with paragraph 3 sentence 1, or contrary to section 4 paragraph 3 sentence 2 or 3 a device , provides a protection system, a device or a component on the market.

§ 7 (dropped out)