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

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12. ProdSV

Date of completion: 17.06.1998

Full quote:

" Twelfth Ordinance on the Product Safety Act (elevator regulation) of 17 June 1998 (BGBl. 1393), as last amended by Article 22 of the Law of 8 November 2011 (BGBl). I p. 2178)

Status:

Last amended by Art. 22 G v. 8.11.2011 I 2178

For more details, please refer to the menu under Notes

This Regulation provides for the implementation of Directive 95 /16/EC
European Parliament and of the Council of 29 June 1995 on
Approximation of the laws of the Member States on
Elevators (OJ L 327, EC No L 213 p. 1).

Footnote

(+ + + Text certificate: 25.6.1998 + + +) 

  

Heading: IdF d. Art. 22 No. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011
The V was adopted as Article 1 by the Federal Government after consultation of the Committee on Technical Work Funds and the parties concerned with the consent of the Bundesrat. She's gem. Art. 4 of this V entered into force on 25 June 1998.

(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 16/95 (CELEX Nr: 395L0016)   
 ERL 42/2006 (CELEX Nr: 306L0042)  V v. 18.6.2008 I 1060 + + +) 

  

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§ 1 Scope

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

1.

Elevators that make permanent use of buildings and buildings,

2.

security components used in lifts within the meaning of point 1; and

3.

Components to be installed in lifts within the meaning of point 1.

(2) This Regulation shall not apply to:

1.

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

2.

construction site lifts,

3.

cable-operated facilities, including cable cars,

4.

Elevators designed and built specifically for military purposes or for the maintenance of public order,

5.

Lifting equipment from which work can be carried out,

6.

Shaft conveyors,

7.

Hoists for the promotion of performers and actresses during artistic presentations,

8.

lifting equipment installed in means of transport,

9.

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

10.

cogwheel railways,

11.

Escalators and moving walkways.

(3) In the case of an elevator, the provisions laid down in 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 327, 30.4.1995, p. EC No 1), as last amended by Directive 2006 /42/EC of the European Parliament and of the Council of 17 May 2006 on machinery and amending Directive 95 /16/EC (OJ L 213, 30.7.2006, p. EU No 24), the provisions of this Regulation shall not apply in respect of those lifts and, in whole or in part, to the risks referred to in full or in part by legislation which transpoires other Community directives into German law; and Dangers. Unofficial table of contents

§ 2 Definitions

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

1.

An elevator shall be considered to be a hoist that operates between fixed levels by means of a load carrier which is moved along rigid guides inclined by more than 15 degrees relative to the horizontal and is determined by a load carrier.

a)

passenger transport,

b)

for the carriage of passengers and goods, or

c)

only for the carriage of goods, provided that the load carrier is accessible and has control devices arranged inside the load carrier or within the range of a person located there.

The load carrier is the part of the lift in which persons or goods are accommodated for the upward or downward movement.

2.

Lifting equipment which does not move along rigid guides, but in a spatially fully defined path, shall also be regarded as lifts within the meaning of this Regulation.

3.

The installer of the installation shall be the natural or legal person who takes responsibility for the design, manufacture, installation and placing on the market of the lift, the CE marking, and the EC declaration of conformity.

4.

The placing on the market of a lift refers to the point in time at which the assembly operation makes the lift available to the user for the first time.

5.

A component referred to in Annex IV to Directive 95 /16/EC shall be referred to as the safety component.

6.

The manufacturer of the safety components shall be designated the natural or legal person responsible for the design and manufacture of the safety components, which shall affix the CE marking and the EC declaration of conformity .

7.

A model lift is referred to as a representative elevator, the technical documentation of which illustrates, as in the case of the elevators derived from the sample lift defined by objective parameters, which use identical safety components, which are: basic safety requirements are met.

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§ 3 Safety requirements

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

1.

comply with the essential health and safety requirements laid down in Annex I to Directive 95 /16/EC and, when properly installed, properly maintained and in operation, the safety and health of persons and the safety of persons do not endanger goods,

2.

the person responsible for the construction of the building or of the building and the installer of the installation shall exchange all the information with each other and take the appropriate measures to ensure the proper operation and the safe 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 may be placed on the market only if:

1.

comply with the essential health and safety requirements set out in Annex I to Directive 95 /16/EC, or enable the lifts to which they are incorporated to comply with those essential requirements; and

2.

the elevators to which they are fitted shall not endanger the safety and health of persons and the safety of goods, in the case of proper installation, proper maintenance and intended operation.

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§ 4 Requirements for placing on the market

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

1.

the elevators are provided with the CE conformity marking in accordance with Article 5 (1) and (3) of Directive 95 /16/EC, in addition to the marking provided for in Annex I (5.1) and (5.2) of Directive 95 /16/EC, and an EC declaration of conformity in accordance with Annex II Point B of Directive 95 /16/EC, which confirms the operation of the assembly

a)

the elevators comply with the basic security requirements of § 3 (1),

b)

comply with the procedures laid down in Article 8 (2) of Directive 95 /16/EC, in accordance with Annexes V, VI, X, XII, XIII or XIV to Directive 95 /16/EC,

c)

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

d)

he is committed to

aa)

to keep a copy of the declaration of conformity for a period of ten years after the application has been placed on the market; and

bb)

, the Commission of the European Communities, a Member State of the European Union, another State Party to the Agreement on the European Economic Area or any other body designated pursuant to Directive 95 /16/EC at its request provide a copy of the declaration of conformity and of the protocols relating to the tests relating to the final inspection; and

2.

the lifts from the installer are accompanied by a documentation in accordance with Annex I, point 6.2 of Directive 95 /16/EC, in German.

(2) Safety components may be placed on the market only if:

1.

the safety components of the manufacturer or his authorised representative established in the Community or in another State Party to the Agreement on the European Economic Area, with the CE conformity marking according to § 5 (2) and (3) , and are accompanied by an EC declaration of conformity in accordance with Annex II (A) to Directive 95 /16/EC, whereby the manufacturer or his/her in the Community or in another Contracting State of the Agreement on the European Union Authorized representative established by the Economic Area confirms that:

a)

the safety components comply with the basic safety requirements of § 3 (2),

b)

the procedures laid down in Article 8 (1) (a) of Directive 95 /16/EC are complied with in accordance with Annexes V, VIII, IX or XI to Directive 95 /16/EC;

c)

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

d)

it undertakes to keep a copy of the declaration of conformity for a period of ten years after the end of the production of the security component; and

2.

the safety components of the manufacturer, or his authorised representative established in the Community or in another State Party to the Agreement on the European Economic Area, an operating instructions in accordance with Annex I, point 6.1 of the Directive 95 /16/EC.

(3) The lifts and safety components shall also be subject to other legislation which prescries the CE marking, and the CE marking shall also confirm that the lifts and safety components also comply with the provisions of those other provisions. relevant legislation. However, if, in accordance with one or more of these provisions, the installation or the manufacturer of the safety components is free to choose the applicable rules during a transitional period, the CE marking shall be confirmed in this case. only that the lifts correspond to the legislation of the manufacturer of the safety components, as set out in the first sentence, from the assembly operation and the safety components. In such cases, the documents, instructions or instructions to be annexed to the lifts and safety components shall be accompanied by any number of the Community directives on which it is based, in accordance with the provisions of the Community Directives (4) A component may be placed on the market without complying with the conditions laid down in paragraph 2 if a statement by the manufacturer or his or her part is made available to this component in question. the Community or any other Contracting State of the Agreement on European authorised representative established in the Economic Area, the component shall be installed in an elevator as defined in this Regulation. The affixing of the CE marking shall not be allowed. (5) Are either the assembly operation or the manufacturer of the security component, or his or her in the Community or another Contracting State of the Agreement on the European Economic Area shall not comply with the obligations laid down in the preceding paragraphs, the obligations referred to in paragraphs 1 to 3 shall be the person placing the lift or the safety component on the market in the Community. The same obligations shall apply to those who build an elevator or a security component for their own purposes. Unofficial table of contents

§ 5 CE-markings

(1) The CE conformity marking required in accordance with section 4 (1) no. 1 must be clearly visible in each car. (2) The CE conformity marking required in accordance with § 4 (2) no. 1 must be affixed to each safety component or, if so, (3) The CE conformity marking shall consist of the letters "CE" in accordance with Annex III to Directive 95 /16/EC. The CE marking shall bear the identification number of the notified body, provided that it operates within the framework of the procedures referred to in Article 8 (1) (a) (ii) or (iii) or Article 8 (2) of Directive 95 /16/EC. (4) or the safety component shall not be marked with markings which may mislead third parties in relation to the meaning and the character of the CE marking. Any other marking may be affixed to the lift or the safety component if it does not affect the visibility and legibility of the CE marking. (5) The market surveillance authorities shall assume that elevators and Safety components which bear the CE marking and which are accompanied by the EC declaration of conformity in accordance with Annex II to Directive 95 /16/EC meet the requirements of this Regulation. Unofficial table of contents

§ 6 Administrative Offences

Contrary to the provisions of Section 39 (1) (7) (a) of the Product Safety Act, those who intentionally or negligently act

1.

In accordance with Article 4 (1) (1) (a) or (b), (2), (2) (1) (a) or (b) or (2), a lift or a safety component shall be placed on the market; or

2.

, contrary to § 4 (4) sentence 2, the CE marking applies.

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§ 7 (omitted)

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