Fourteenth Ordinance on the Product Safety Act (Pressure Equipment Regulation-14. ProdSV)

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14. ProdSV

Date of completion: 27.09.2002

Full quote:

" Pressure Equipment Ordinance of 27 September 2002 (BGBl. 3777, 3806), as last amended by Article 24 of the Law of 8 November 2011 (BGBl). I p. 2178)

V up. By § 24 para. 2 sentence 2 V 8053-4-17-1 v. 13.5.2015 I 692 mWv 19.7.2016
Replaced by V 8053-4-17-1 v. 13.5.2015 I 692 (GSGV 14 2016)
Status:	Last amended by Art. 24 G v. 8.11.2011 I 2178

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 3.10.2002 + + +)
Heading: IdF d. Art. 24 No. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011
The V was referred to as Article 3 of the V v. 27.9.2002 I 3777 by the Federal Government after consultation of the Committee on Technical Work Funds and the parties involved, by the Federal Ministry of Economics and Technology in agreement with the Federal Ministry of Labour and Social Affairs, by the Federal Ministry of Consumer Protection, Food and Agriculture in agreement with the Federal Ministry of Economics and Technology, with the approval of the Federal Council. She's gem. Article 8 (1) of this Treaty entered into force on 3 October 2002. Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the provision on the market of new pressure equipment and assemblies with a maximum allowable pressure of more than 0,5 bar. (2) This Regulation shall not apply to:

1.

Pipelines from a pipe or pipe system for the passage of fluids or substances to or from a (offshore or onshore) installation including the last shut-off device in the area of the installation, including all Auxiliary equipment specially designed for these lines. This exclusion does not apply to standard pressure equipment, such as pressure equipment, which can be found in pressure control stations and in compressor stations,

2.

Networks for the supply, distribution and discharge of water and its equipment, as well as drivings in hydropower plants, such as pressure pipes, tunnels and shafts, as well as the equipment concerned,

3.

Equipment in accordance with Council Directive 87 /404/EEC of 25 June 1987 on the approximation of the laws of the Member States relating to simple pressure vessels (OJ L 103, 25.4.1987, p. EC No L 220 p. 48),

4.

Equipment in accordance with Council Directive 75 /324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol packagings (OJ L 327, 31.12.1975, p. EC No 40),

5.

Equipment intended for the operation of vehicles intended for use by the following Directives and their Annexes:

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Council Directive 70 /156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 327, 22.11.1970, p. EC No L 42 p. 1),

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Council Directive 74 /150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (OJ L 197, 21.7.1974, p. EC No L 84 p. 10),

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Council Directive 92/61/EEC of 30 June 1992 on the type-approval of two-or three-wheel motor vehicles (OJ L 206, 22.7.1992, p. 1). EC No L 225 p. 72),

6.

Equipment which, in accordance with Article 9 of this Directive, would not exceed category I and which shall be covered by one of the following Directives:

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Directive 98 /37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to machinery (OJ L 378, 31.12.1998, p EC No L 207 p. 1),

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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 164, 30.6.1995, p. EC No L 213 p. 1),

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Council Directive 73 /23/EEC of 19 February 1973 on the approximation of the laws of the Member States relating to electrical equipment intended for use within certain voltage limits (OJ L 327, 31.12.1973, p. EC No L 77 p. 29),

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Council Directive 93 /42/EEC of 14 June 1993 concerning medical devices (OJ L 378, 31.12.1993, p. EC No L 169 p. 1),

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Council Directive 90 /396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to gas-consumption facilities (OJ L 327, 31.12.1990, p. EC No L 196 p. 15),

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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, 30.4.1994, p. EC No L 100 p. 1),

7.

designed, constructed and constructed equipment within the meaning of paragraph 1, intended solely for military purposes or for the maintenance of public security or public order;

8.

equipment designed specifically for use in nuclear installations and whose failure can lead to the release of radioactivity;

9.

Borehole control equipment used for the industrial exploration and extraction of oil, natural gas or geothermal energy and for underground storage and intended to maintain or regulate the pressure of the borehole. These include the well head (Eruptionskreuz), the Blowout-Preventer (BOP), the lines and distribution systems as well as the devices in front of them,

10.

Equipment with housings and parts of machinery in which the dimensions, choice of materials and the construction requirements are primarily based on requirements for sufficient strength, rigidity and stability in relation to static and dynamic In the case of an operating stress or other function-related criteria, the pressure is not an essential factor for the design. These devices can include:

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engines, including turbines and engines with internal combustion, and

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Steam engines, gas or steam turbines, turbo-generators, compressors, pumps and actuators,

11.

Blast furnaces with furnace cooling, recuperative winder heaters, dust separators and gland gas purification plants, direct reduction shaft furnaces with furnace cooling, gas converters and pans for melting, melting, degassing and casting of steel and non-ferrous metals,

12.

Housing for high-voltage electrical equipment such as switchgear, control and control units, transformers and rotating machines,

13.

Pressurised housings for the sheathing of components of transmission systems such as electrical and telephone cables,

14.

ships, missiles, aircraft or mobile offshore installations, as well as equipment intended specifically for installation in or for the propulsion thereof;

15.

Pressure equipment consisting of a flexible envelope, such as pneumatic tyres, air cushions, game balls, inflatable boats and other similar pressure equipment,

16.

Exhaust and intake silencers,

17.

Bottles and cans for carbonated beverages intended for final consumption,

18.

Containers for the transport and distribution of beverages, for which the product of the maximum permissible pressure and the relevant volume is not more than 500 bar.litres for a maximum permissible pressure of seven bar maximum,

19.

equipment covered by the ADR, RID, IMDG and ICAO agreements,

20.

Heating elements and pipes in hot water heating systems and

21.

Container for liquids with a gas pressure above the liquid of not more than 0.5 bar.

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§ 2 Definitions

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

1.

Pressure equipment: tanks, piping, equipment with safety function and pressure-holding equipment. Pressure equipment also includes all elements, which may be attached to pressure-carrying parts, such as, for example, flanges, stubs, couplings, carrying elements, lifting eyes.

a)

Container: a closed component designed and built to receive pressurized fluids, including the directly attached parts, to the device for connection to other devices. A container may have a plurality of pressure spaces.

b)

Piping: line components intended for the passage of fluids, which are connected to each other for installation in a pressure system. Pipe lines include, in particular, pipes or pipe systems, pipe shaped parts, equipment parts, expansion pieces, hose lines or, if necessary, other pressure-maintaining parts. Heat exchangers made from pipes for cooling or heating air are equivalent to pipes.

c)

Safety equipment: means intended to protect the pressure equipment in the event of exceeding the permissible limits. These bodies shall include:

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Devices for direct pressure limitation such as safety valves, bursting disc heaters, kink rods, controlled safety devices and

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Limiting devices which either trigger correction devices or effect a switch-off or switch-off and locking, such as pressure, temperature or fluid level switches, as well as measuring and control technical protection devices.

d)

Pressure-maintaining equipment: devices with an operating function which have a housing which is subjected to pressure.

e)

Assemblies: several pressure equipment, which are connected by a manufacturer to a coherent functional unit.

2.

Pressure: the pressure related to atmospheric pressure, d. h. an overpressure; accordingly, a pressure in the vacuum area is expressed by a negative value.

3.

Maximum allowable pressure (PS): the highest pressure specified by the manufacturer, for which the pressure equipment is designed. It shall be fixed for a body predetermined by the manufacturer. This is the connection point of the equipment with safety function or the highest point of the pressure equipment, or, if not appropriate, another specified location.

4.

Permissible minimum or maximum temperature (TS): the minimum or maximum temperature specified by the manufacturer, for which the device is designed.

5.

Volume (V): the internal volume of a pressure chamber, including the volume of the fittings, up to the first connection, but less the volume of fixed internal parts.

6.

Nominal width (DN): a numerical size designation, which is used for all components of a pipe system for which the external diameter or the thread size are not specified. This is a rounded number, which serves as a nominal size and is only approximately related to the manufacturing dimensions. The nominal width is expressed by DN, followed by a number.

7.

Fluids: gases, liquids and vapors as pure phase and mixtures thereof. Fluids may contain a suspension of solids.

8.

Permanent compounds: compounds which can only be separated by destructive methods.

9.

European material authorisation: a technical document setting out the characteristics of materials intended for repeated use in the manufacture of pressure equipment and not regulated in a harmonised standard.

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§ 3 Safety requirements

(1) Pressure equipment provided for in Article 3 (1) of Directive 97 /23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States relating to pressure equipment (OJ L 378, 27.11.1997, p. EC No 1) and sub-assemblies referred to in Article 3 (2) of the Directive may only be made available on the market if they comply with the essential safety requirements laid down in Annex I to the Directive. (2) Pressure equipment and assemblies referred to in Article 3 Paragraph 3 of Directive 97 /23/EC may only be made available on the market if it is in conformity with that market in a Member State of the European Communities or in a State Party to the Agreement on the European Economic Area are designed and manufactured. (3) Pressure equipment and Assemblies may not be made available on the market only if they do not ensure the safety and health of persons and, where appropriate, domestic animals or goods, if they are properly installed and maintained and used in their intended use. at risk. Unofficial table of contents

§ 4 Conditions for the provision on the market

(1) Pressure equipment and assemblies may only be made available on the market if:

1.

comply with the technical requirements laid down in Article 3 (1) or (2) of Directive 97 /23/EC, with the marking referred to in Annex I (3.3) to Directive 97 /23/EC and with the CE marking in accordance with Article 5 (1) and (3) and a declaration of conformity are provided in accordance with Annex VII to Directive 97 /23/EC, which confirms that the manufacturer or his authorised representative established in the Community or in another State Party to the Agreement on the European Economic Area certifies that:

a)

the pressure equipment and assemblies comply with the basic safety requirements of § 3 (1),

b)

comply with the conformity assessment procedures provided for in Article 10 (1) and (2) and Annex II to Directive 97 /23/EC, in accordance with Annex III to Directive 97 /23/EC,

c)

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

d)

undertakes, in accordance with the conformity assessment procedure applied in accordance with Annex III to Directive 97 /23/EC, to keep the documents referred to therein for a period of ten years from the date of manufacture of the last pressure equipment; and

2.

the pressure equipment and assemblies are accompanied by a documentation in accordance with Annex I, point 3.3, and an instruction manual in accordance with point 3.4 of Directive 97 /23/EC in German.

(2) By way of derogation from paragraph 1, the pressure equipment and assemblies referred to in Article 3 (3) of Directive 97 /23/EC may be made available on the market if:

1.

comply with the requirements laid down in Article 3 (3) of the Directive;

2.

are accompanied by adequate instructions for use in the German language, and

3.

bear a marking on the basis of which the manufacturer or his authorised representative established within the Community can be identified.

(3) By way of derogation from paragraph 1 (1), pressure equipment and assemblies whose conformity has been established by an operator inspection body in accordance with § 7 may only be made available on the market if it does not comply with a CE conformity marking in accordance with § 5 (1) (a). (4) By way of derogation from paragraphs 1 and 3, the competent authorities may, for experimental purposes, provide for the provision of individual pressure equipment and assemblies on the market to which the procedures referred to in paragraph 1 (b) (5) The records and correspondence relating to the conformity assessment procedures referred to in paragraph 1 (1) (b) shall be in an official language of the Member State of the European Communities, in which the or in a language accepted by the notified body. (6) Pressure equipment or assemblies shall also be subject to other legislation which prescribates the CE marking, shall be carried out by the CE marking also confirms that these pressure equipment or assemblies also comply with the provisions of these other relevant legislation. However, if, in accordance with one or more of these laws, the manufacturer of pressure equipment or assemblies is free to choose the applicable rules during a transitional period, the CE marking shall, in this case, only confirm that the Pressure equipment or assemblies shall comply with the legislation applied by the manufacturer in accordance with the first sentence. In such cases, documents, instructions or instructions to be added to the pressure equipment or assemblies shall be accompanied by any number of the Community Directives on the basis of the legislation which it applies, in accordance with their publication shall be published in the Official Journal of the European Communities. Unofficial table of contents

§ 5 CE marking

(1) The CE marking required in accordance with Article 4 (1) no. 1 must be visible, clearly legible and indelible

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Pressure equipment within the meaning of Article 3 (1) and

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Assemblies within the meaning of Article 3 (2)

Directive 97 /23/EC. Where this is not possible, the CE marking according to the first sentence may be made on a label which is firmly connected to the pressure equipment or the assembly. (2) Individual pressure equipment shall not be marked with a CE marking, if the CE marking is not to an assembly within the meaning of Article 3 (2) of Directive 97 /23/EC. (3) The CE marking shall consist of the letters 'CE' in accordance with Annex VI to Directive 97 /23/EC. The identification number of the notified body is behind the CE marking, provided that it is switched on in the production monitoring system under the procedures referred to in Article 10 (1) (1.3). (4) No pressure equipment or assemblies may be used. Markings which may mislead third parties in relation to the meaning and typeface of the CE marking. Any other marking may be affixed to pressure equipment and assemblies, if it does not affect the visibility and legibility of the CE marking. (5) Pressure equipment and assemblies,

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which comply with the requirements of Article 3 (3) of Directive 97 /23/EC, or

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the conformity of which has been assessed by an operator inspection body notified in accordance with section 7 (1),

the CE marking shall not be affixed. (6) The market surveillance authorities shall assume that pressure equipment and assemblies bearing the CE marking and the EC declaration of conformity referred to in Annex VII to Directive 97 /23/EC shall be: meet the requirements of this Regulation. Unofficial table of contents

§ 6 European Material authorisation

(1) The procedure laid down in Article 11 of Directive 97 /23/EC shall apply to materials for which a European material authorisation is requested in accordance with Article 2 (9) of Directive 97 /23/EC. (2) The notified body which is responsible for the European material approval for pressure equipment , the authorisation shall withdraw this authorisation if it finds that the authorisation should not have been granted or if the type of material is covered by a harmonised standard. It shall immediately inform the other Member States, the notified bodies and the Commission of any withdrawal of an authorisation. Unofficial table of contents

§ 7 Operator inspection bodies

(1) Test bodies of undertakings or groups of undertakings may be designated as operator inspection bodies if:

1.

they are organizationally

2.

have available reporting procedures within the undertaking or group of undertakings to which they belong, which shall ensure and demonstrate their impartiality;

3.

they are not responsible for the design, manufacture, supply, installation, operation or maintenance of the pressure equipment and assemblies,

4.

they do not pursue activities which may conflict with the independence of their assessment and their reliability in the context of their review work, and

5.

the group applies a common security policy with regard to technical design, production, control and use conditions for pressure equipment and assemblies.

(2) The operator's inspection bodies shall work exclusively for the group of companies to which they belong. (3) The pressure equipment and assemblies tested by the operator inspection body may be used exclusively in the companies of the group of companies which: (4) operator inspection bodies may only apply the conformity assessment procedures of modules A1, C1, F and G in accordance with Annex III to Directive 97 /23/EC. Unofficial table of contents

§ 8 Administrative Offences

Contrary to § 39 (1) (7) (a) of the Product Safety Act, anyone who intentionally or negligently provides a pressure equipment or an assembly on the market against § 4 para. 1.