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

Original Language Title: Elfte Verordnung zum Produktsicherheitsgesetz (Explosionsschutzverordnung)

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

Non-official table of contents

11. ProdSV

Date of delivery: 12.12.1996

Full quote:

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

:Last modified by Art. 21 G v. 8.11.2011 I 2178

See Notes

Footnote

(+ + + Text Evidence: 20.10.1996 + + +)

for more information about the stand specification.

Heading: IdF d. Art. 21 No. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011
The V was considered to be Article 1 of the V v. 12.12.1996 I 1914 issued by the Federal Government after consultation of the Committee on Technical Labour, after consultation of the parties concerned and by the Federal Ministry for Economic Affairs with the consent of the Bundesrat. She's gem. Article 12 of this V entered into force on 20.12.1996.
This Regulation is designed to implement Directive 94 /9/EC of the European Parliament and of the Council of 23 June 2000 on the implementation of the European Parliament and 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, 28.3.1994, p. EC No L 100 p. 1).
(+ + + Official note of the normalization authority on EC law:
Implementing the
EGRL 9/94 (CELEX Nr: 394L0009) + + +)

Non-official Table of Contents

§ 1 Scope

(1) This Regulation applies to the provision on the market of new
1.
Devices and protective systems for intended use in potentially explosive atmospheres,
2.
Safety, control and control devices for use outside of potentially explosive atmospheres, however, for the safe operation of the Equipment and protective systems referred to in paragraph 1 are required or contribute to this, and
3.
Components incorporated in equipment and protective systems as defined in point 1
(2) This Regulation does not apply to:
1.
Medical Devices intended use in medical areas,
2.
Devices and protective systems in which the risk of explosion is exclusively due to the presence of explosives or chemically unstable substances,
3.
Devices intended for use in a domestic and non-commercial environment, in which a Explosive atmospheres can be formed only rarely and only as a result of an unintended fuel outlet,
4.
Personal protective equipment in the sense of the Eighth Ordinance on the Product Safety Act,
5.
Seeschiffe and movable off-shore installations, as well as the 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 roads and Rail networks or waterways, and means of transport, insofar as they are designed for the transport of goods in the air, on public road and rail networks or on the water. Vehicles to be used in potentially explosive atmospheres are not excluded
7.
exclusively for military purposes or for the maintenance of the Public security or public order, constructed and constructed equipment, protective systems and devices as defined in Section 1 (1) (2).
(3). , the provisions of this Regulation shall not apply to such equipment and protective systems in order to protect them from such risks, in whole or in part by legislation which transpoters other Community directives into German law. The protection against these other hazards after sentence 1 refers to
a)
injury or other Any damage that could be caused by direct or indirect contact;
b)
is to ensure that no dangerous equipment parts are dangerous. surface temperatures or dangerous radiations occur;
c)
experienced non-electrical hazards are excluded;
d)
ensuring that predictable overload conditions do not cause dangerous situations.
A non-official table of contents

§ 2 Definitions

For the purposes of this Regulation, the following definitions apply:
1.
Machines are machines, operating 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, convert or consume or are intended for the processing of materials and their own potential
2.
As protection systems, all devices except the components of the above-defined components are used. Devices that immediately stop the pending explosions or limit the area affected by an explosion and are provided separately on the market as autonomous systems.
3.
Components are components that are required for the safe operation of devices and protective systems without, however, performing an autonomic function.
4.
An explosive atmosphere is a mixture of air and flammable gases, vapours, mists or dusts under atmospheric conditions, in which the combustion process is
5.
The area at risk of explosion is the area in which the atmosphere is caused by the local atmosphere. and operational conditions can be explosive.
6.
According to the intended use, the devices are in accordance with Article 1 (3) of Directive 94 /9/EC in In accordance with Annex I to Directive 94 /9/EC of the European Parliament and of the Council of 23 June 1998, the Commission shall, in accordance with Annex I to Directive 94 /9/EC, provide for groups of equipment 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, 28.3.1994, p. EC No 1) Equipment categories are assigned.
7.
The use of equipment, protective systems and devices as defined in § 1 is intended to be used for the purposes of determining the requirements. 1 no. 2 in accordance with the equipment group and category and in compliance with all the manufacturer's information necessary for the safe operation.
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§ 3 security requirements

devices, protective systems and devices within the meaning of § 1 para. 1 no. 2 may only be made available on the market if they are comply with basic safety and health requirements laid down in Annex II to Directive 94 /9/EC and, if properly set up, maintained and used in accordance with its intended use, the safety and health of persons and safety not endanger domestic animals or goods. Non-official table of contents

§ 4 Requirement to be made available on the market

(1) Devices and protection systems may only be available on the market when
1.
means the devices and protective systems in addition to the marking in accordance with the Annex II No. 1.0.5. Directive 94 /9/EC is accompanied by the CE conformity marking in accordance with Article 5 (1) and (2) and is accompanied by an EC declaration of conformity in accordance with Annex X (B) of Directive 94 /9/EC, whereby the manufacturer or his/her in the Community or in another State Party to the Agreement on the European Economic Area, certifies that
a)
the devices and protective systems meet the basic security requirements of § 3,
b)
the in Article 8 (1) to (4) of Directive 94 /9/EC is complied with in accordance with Annexes III to IX to Directive 94 /9/EC and
c)
Obligations to the notified body he has commissioned has fulfilled,
2.
the equipment and protective systems of the manufacturer or his/her in the The authorised representative established by the Community or another State Party to the Agreement on the European Economic Area shall have an operating instructions in accordance with Annex II, point 1.0.6. of Directive 94 /9/EC.
(2) Paragraph 1 (1) (1) shall apply mutatily to devices within the meaning of Section 1 (1) (2).(3) Paragraph 1 shall apply with the exception of the labelling provisions referred to in Annex II, point 1.0.5. Directive 94 /9/EC as well as the requirements for CE marking for components. 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 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 contribute to the fulfilment of the essential requirements applicable to finished equipment or protective systems. Components on which a CE marking is affixed shall 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 in one of the official languages 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 a language accepted by the notified body.(5) By way of derogation from paragraphs 2 to 4, the competent authorities may, on a reasoned request, authorise 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; the procedures referred to in paragraph 1 (1) (b) have not been applied if the use of such procedures is in the interests of protection.(6) The equipment, protective systems and devices within the meaning of Article 1 (1) (2) shall also be subject to other legislation which prescries the CE marking, and the CE marking shall also confirm 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 In accordance with Article 1 (1) (2), devices shall comply with the legislation of the manufacturer in accordance with 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. Non-official table of contents

§ 5 CE conformity marking

(1) The CE conformity marking required in accordance with Article 4 (1) no. 1 must be applied to each Shall be visible, legible and permanently affixed to any system of protection and to any device within the meaning of section 1 (1) (2).(2) The CE conformity marking shall consist of the letters "CE" in accordance with Annex X to Directive 94 /9/EC. The CE marking is the identification number of the notified body, provided that it operates in the production monitoring phase.(3) No markings may be affixed to the device, to the protective system or to the device within the meaning of Article 1 (1) (2), by which third parties may be misled with regard to the meaning and the character of the CE marking. Any other marking may be affixed to the device, the protective system or to the 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 bearing the CE marking, which are accompanied by the EC declaration of conformity in accordance with Annex X (B) to Directive 94 /9/EC, shall: meet the requirements of this Regulation. Non-official table of contents

§ 6 Administrative Offences

Administrative unlawful within the meaning of Section 39 (1) (7) (a) of the Product Safety Act who intentionally or negligently acts in accordance with § 4 (1) (1) (a) or (b), also in connection with paragraph 2 or 3 sentence 1, contrary to § 4 (1) No. 2, also in connection with paragraph 3 sentence 1, or contrary to § 4 para. 3 sentence 2 or 3, one device, provides a protection system, a device or a component on the market. Non-official table of contents

§ 7 (omitted)