Twelfth Ordinance On The Product Safety Act (Elevator Regulation)

Original Language Title: Zwölfte Verordnung zum Produktsicherheitsgesetz (Aufzugsverordnung)

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

Non-official table of contents

12. ProdSV

Date of delivery: 17.06.1998

Full quote:

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

:Last modified by Art. 22 G v. 8.11.2011 I 2178

For details, see the Notes

menu. This regulation is used to implement the directive 95 /16/EC of the
The European Parliament and the Council of 29 June 1995
the approximation of the laws of the Member States relating to
lifts (OJ L 327, 30.4.1995 EC No L 213 p. 1).

Footnote

(+ + + Text evidence: 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 for Technical Work Funds and the parties involved with the consent of the Bundesrat. She's gem. Art. 4 of this V entered into force on 25 June 1998.
(+ + + Official note of the norm-provider on EC law:
Implementation of
EGRL 16/95 (CELEX Nr: 395L0016)
EGRL 42/2006 (CELEX Nr: 306L0042) see V v. 18.6.2008 I 1060 + + +)

Non-official table of contents

§ 1 Scope of application

(1) This Regulation applies to the placing on the market of new
1.
lifts that permanently operate buildings and buildings
2.
Security components used in elevators in the sense of number 1, and
3.
components that are in Elevators in the sense of number 1.
(2) This Regulation does not apply to
1.
lifting equipment with a speed of up to 0.15 meters per hour. Second,
2.
Construction site elevators,
3.
rope-guided devices, including Cableways,
4.
lifts specially designed and built for military purposes or for maintaining public order,
5.
Lifting tools from which work can be done
6.
Chess conveyors,
7.
Houses to convey performers and actresses during artistic presentations,
8.
lifting equipment installed in transport means,
9.
with a machine connected to a machine intended solely for access to workplaces, including maintenance and inspection points on machines,
10.
Rack Railways,
11.
escalators and elevators.
(3) Are used in a lift that is Directive 95 /16/EC of the European Parliament and of the Council of 29 1 June 1995 on the approximation of the laws of the Member States relating to lifts (OJ L 327, EC No 1), as last amended by Directive 2006 /42/EC of the European Parliament and of the Council of 17 June 2001 on the May 2006 on machinery and amending Directive 95 /16/EC (OJ L 206, 22.7.1995, p. EU No 24), the provisions of this Regulation shall not apply in respect of those risks, in whole or in part, to legislation which transpoires other Community directives into German law; Elevators and dangers. Non-official table of contents

§ 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:
1.
The lift is a hoist that operates between fixed levels by means of a load carrier that Moving along rigid guidance inclined by more than 15 degrees with respect to the horizontal, and is determined
a)
for passenger transport,
b)
for passenger and freight transport, or
c)
only for the carriage of goods, provided that the load carrier is accessible and has control devices inside the load carrier or within reach of a person in the load carrier
As the load carrier, the part of the elevator in which people or goods are placed for up-or down-boarding is designated.
2.
lifting devices that do not move along rigid guides, but in a spatially fully defined path, also apply as elevators in the sense of this Regulation.
3.
As a assembly operation, the natural or legal person who is responsible for the design, manufacture, installation and installation of the Placing on the market the lift, affixing the CE marking and issuing the EC declaration of conformity.
4.
The placing on the market of a lift refers to the When the assembly operation makes the lift available to the user for the first time.
5.
As a safety component, one in Annex IV to Directive 95 /16/EC
6.
As a manufacturer of the safety components, the natural or legal person responsible for the safety of the component is designated as the manufacturer of the safety components. Design and manufacture of the safety components, apply the CE marking and issue the EC declaration of conformity.
7.
As a sample lift, a a representative elevator, the technical documentation of which illustrates how, in the case of the elevators derived from the sample lift defined by means of objective parameters, which use identical safety components, the basic elements of the lift are the basic Security requirements are met.
Non-official table of contents

§ 3 Security requirements

(1) elevators may only be used in traffic when
1.
meets the basic safety and health requirements of Annex I Directive 95 /16/EC, and in the event of proper installation, proper maintenance and proper operation, do not endanger the safety and health of persons and the safety of goods,
2.
The person responsible for the construction of the building or the building and the installer have exchanged all the information with each other and taken the appropriate measures to: to ensure proper operation and safe use of the lift, and
3.
in addition to the necessary for the safety and operation of the lift Lines or devices are not installed or installed in the elevator shaft or installed.
(2) Safety components may be placed on the market only if
1.
it meets the essential health and safety requirements of Annex I to Directive 95 /16/EC or make it possible for the lifts to which they are installed to meet these essential requirements, and
2.
the elevators into which they are installed; the safety and health of persons and the safety of goods do not endanger the safety and health of persons and the safety of goods when properly installed, proper maintenance and operation.
unofficial table of contents

§ 4 Prerequisites for placing on the market

(1) elevators may be placed on the market only if
1.
the lifts from the assembly operation in addition to the marking in accordance with Annex I, points 5.1 and 5.2 of the Directive 95 /16/EC is accompanied by the CE conformity marking in accordance with Article 5 (1) and (3) and is accompanied by an EC declaration of conformity in accordance with Annex II (B) of Directive 95 /16/EC, which confirms that the assembly operation confirms that
a)
the elevators correspond to the basic security requirements of § 3 para. 1,
b)
the procedures laid down in Article 8 (2) of Directive 95 /16/EC are complied with in accordance with Annexes V, VI, X, XII, XIII or XIV to Directive 95 /16/EC;
c)
he has fulfilled his obligations to the notified body he commissioned, and
d)
he committed to
aa)
a copy of the declaration of conformity over a period of 10 years after
(b)
bb)
the Commission of the European Communities, a Member State of the European Union, another Member State, and
Member State, State Party to the Agreement on the European Economic Area or any other body designated in accordance with Directive 95 /16/EC, at the request of which a copy of the declaration of conformity and of the Protocols on the final acceptance of the Agreement Tests at the disposal, and
2.
the elevators of the assembly operation, a documentation in accordance with Annex I, point 6.2 of Directive 95 /16/EC, in of the German language.
(2) Safety components may only be placed on the market if
1.
the safety components established by the manufacturer or his/her in the Community or in another Contracting State of the Agreement on the European Economic Area Authorised agents are provided with the CE conformity marking in accordance with Article 5 (2) and (3) and are accompanied by an EC declaration of conformity as set out in Annex II (A) to Directive 95 /16/EC, whereby the manufacturer or his/her in the Community, or certifiers established in another Contracting State of the Agreement on the European Economic Area certifies that
a)
the security components meet the basic security requirements of § 3 para. 2,
b)
the in Article 8 (1) (a) of Directive 95 /16/EC, as laid down in Annexes V, VIII, IX or XI of Directive 95 /16/EC,
c)
The obligation to comply with the notified body has been fulfilled and
d)
he undertakes to write a copy of the declaration of conformity on a The period of ten years after the end of the production of the safety component,
2.
the safety components of the manufacturer or his/her manufacturer the authorised representative established by the Community or another State Party to the Agreement on the European Economic Area shall be accompanied by an operating instructions in accordance with Annex I (6.1) to Directive 95 /16/EC.
(3) Lifts and safety components also other legislation which prescribe the CE marking is also confirmed by the CE marking, that the lifts and safety components also comply with the provisions of those other relevant provisions. Legislation. However, if, in accordance with one or more of these laws, 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 the safety components shall be accompanied by any number of the Community directives on which it is based, in accordance with their Publication in the Official Journal of the European Communities.A component may be placed on the market without complying with the conditions laid down in paragraph 2 where this component is made available by a declaration by the manufacturer or his/her in the Community or by another State Party to the Agreement on the The European Economic Area shall be accompanied by an authorised representative to the effect that the component shall be incorporated in an elevator as defined in this Regulation. The affixing of the CE marking is not permitted.(5) Where either the assembly operation or the manufacturer of the security component, or his authorized representative established in the Community or in another State Party to the Agreement on the European Economic Area, are the obligations of the the obligations referred to in paragraphs 1 to 3 shall be the person who places 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. Non-official table of contents

§ 5 CE Markings

(1) The CE conformity marking required in accordance with § 4 (1) no. 1 must be in each car be clearly visible.(2) The CE conformity marking required in accordance with Article 4 (2) no. 1 must be clearly visible on each safety component or, if this is not possible, on a label firmly attached to the component.(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 is acting in accordance with the procedures referred to in Article 8 (1) (a) (ii) or (iii) or Article 8 (2) of Directive 95 /16/EC.(4) No markings may be affixed to the lift or to the safety component which may mislead third parties as to the meaning and the character of the CE marking. Any other marking may be affixed to the lift or to the safety component if it does not affect the visibility and legibility of the CE marking.(5) The market surveillance authorities shall assume that lifts and safety components bearing 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 Directive 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 as
1.
contrary to Article 4 (1) (1) (a) or (b), (2), (2) (1) (a) or (b), or Number 2 places an elevator or a safety component on the market or
2.
applies the CE marking contrary to § 4, paragraph 4, sentence 2.
Non-Official Table of Contents

§ 7 (omitted)

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