Eighth Regulation To The Product Safety Act (Regulation On The Provision Of Personal Protective Equipment On The Market)

Original Language Title: Achte Verordnung zum Produktsicherheitsgesetz (Verordnung über die Bereitstellung von persönlichen Schutzausrüstungen auf dem Markt)

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Read the untranslated law here: http://www.gesetze-im-internet.de/gsgv_8/BJNR110190992.html

Watch regulation to the product safety Act (regulation on the provision of personal protective equipment on the market) (8 ProdSV) 8 ProdSV Ausfertigung date: 10.06.1992 full quotation: "eighth regulation to the product safety Act (regulation on the provision of personal protective equipment on the market), as amended by the notice of 20 February 1997 (BGBl. I S. 316), most recently by article 16 of the law of 8 November 2011 (BGBl. I S. 2178) is changed" stand : New grouped by BEK. v. 20.2.1997 I 316;
as last amended by article 16 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: 1.7.1992 +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 686/89 (CELEX Nr: 386 L 0686) +++) heading: IdF d. Article 16 no. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011 this regulation serves the implementation of Directive 89/686/EEC of 21 1989 on the approximation of the laws of the Member States relating to personal protective equipment (OJ EC No. L 399 p. 18).
The regulation is I 1019 into force article 3 of the V v. 10.6.1992 according on the 1.7.1992; She was as article 1 of this V by the Federal Minister for labour and Social Affairs after consultation with d. Committee for technical equipment in consultation with the Federal Minister of Economics and on the basis of d. § 120e para 1 GewO idF d. BEK. v. 1.1.1987, I GG by the Federal Minister for labour and Social Affairs issued 425 iVm article 129.

§ 1 scope of application (1) this Regulation applies to deploy new personal protective equipment on the market and the issuing of new personal protective equipment.
(2) personal protective equipment within the meaning of this regulation are devices and means which determined a person to prevent and reduce health and safety risks are and this kept the body or body parts or worn.
(3) personal protective equipment be considered also: units, the devices assembled from several of the manufacturers or agents are 1, 2. devices or means that are separable or inseparable with a non protective personal equipment that is worn or held, by a person to engage in an activity, 3. are interchangeable components of personal protective equipment for their flawless effectiveness is absolutely necessary and be used only for this personal protective equipment and which serve the objectives referred to in paragraph 2.
(4) an essential part of personal protective equipment is of each with this connection system deployed on the market, with which it is connected to an external device. Sentence 1 shall apply also for connection systems that are not constantly held or worn during use by the user.
(5) this Regulation shall not apply to personal protective equipment, the 1st exclusively for the federal armed forces, civil protection, the police forces of the Federal and State Governments and other institutions that serve public safety or public order, developed or have been manufactured, developed 2 to protect against adverse weather conditions, moisture, water and heat for use in the private sector or have been manufactured, are devices or means of self defense 3. , 4 for the protection or rescue of persons on vessels or aircraft passengers intended and not constantly be worn.
(6) this regulation does not apply to helmets and visors for users of two-wheeled or three-wheeled motor vehicles.
(7) from the scope of the regulation, personal protective equipment are excluded, supplying it aims for the market in terms of the security requirements according to § 2 according to legislation, that the implementation of other directives of the European Community Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (OJ EC No. L 399 p. 18), as amended by Directive 93/68/EEC of the Council of 22 July 1993 (OJ EC No. L 220, p. 1), Directive 93/95/EEC of 29 October 1993 (OJ EC No. L 276 p. 11) and by Directive 96/58/EC of the European Parliament and of the Council of 3 September 1996 (OJ EC No. L 236, p. 44), are used.

§ 2 safety requirements personal protective equipment may be provided only on the market, if they meet the basic requirements for health and safety set out in annex II of to Directive 89/686/EEC and under intended use and adequate maintenance protect life and health of the user, without endangering the health or safety of other persons, and the safety of domestic animals and goods.

§ 3 conditions for the making available on the market (1) personal protective equipment must be ready only on the market, if following conditions are fulfilled: 1 the personal protective equipment provided with the CE marking according to § 5 be, by which the manufacturer or his authorised representative established in the European Community or another Contracting State to the agreement on the European economic area confirmed that the security requirements are met according to § 2 and a) personal protective equipment , which according to § 6 shall be subject to an EC type examination, agrees with the tested type b) personal protective equipment, which according to § 7 shall be subject to an EC quality assurance referred to in article 11 of Directive 89/686/EEC applies a quality assurance procedures and c) he has fulfilled his obligations to the notified body appointed by him.
2. the manufacturer or his in the European Community or another Contracting State to the agreement on the European economic area established agent must be kept ready the following documents to the competent authorities: a) technical documentation referred to in annex III to Directive 89/686/EEC, b) a declaration of conformity in accordance with annex VI of to Directive 89/686/EEC, c) personal protective equipment with type examination according to § 6 the type examination certificate , d) in the case of personal protective equipment with quality assurance according to § 7 a report on quality assurance.
3. a written statement of the manufacturer must be accompanied by personal protective equipment according to item 1.4 of annex II of to Directive 89/686/EEC in the German language.
(2) the personal protective equipment is subject to other legal provisions that stipulate the CE marking, is confirmed by the CE-marking also, that personal protective equipment is also complies with the provisions of this other relevant legislation. Are free however in accordance with one or more of these rules during a transitional period the choice of the applicable rule the manufacturer, so the CE marking confirms in this case only, that the personal protective equipment pursuant to sentence 1 corresponds to the legislation applied by the manufacturer. In these cases all numbers of Community directives underlying legislation applied by him must be the written information of the manufacturer according to item 1.4 of annex II of to Directive 89/686/EEC listed according to its publication in the official journal of the European communities.

§ 4 (dropped out) § 5 CE marking (1) No. 1 required CE marking must according to article 3, paragraph 1 clearly visible on any personal protective equipment, legibly and permanently attached be. However, this is not possible due to the specific characteristics of the product the CE labelling of the packaging can be attached.
(2) the CE marking consists of the initials 'CE' referred to in annex IV of to Directive 89/686/EEC. When personal protective equipment with EC quality assurance according to § 7, the identification number of the notified body responsible for the quality assurance behind the CE marking.
(3) no markings may be on the personal protective equipment attached, are likely to mislead third parties as to the meaning and the lettering of the CE marking. On the personal protective equipment or their packaging, any other marking may be affixed if it does not affect the visibility and legibility of the CE marking.
(4) the market surveillance authorities on personal protective equipment, which are marked with the CE marking, assume that this protective equipment meet the requirements of § 2, if the manufacturer or his authorised representative shall, at the request may submit the following: 1. the Declaration of conformity according to § 3 paragraph 1 paragraph 2 (b) and 2. in addition the type examination certificate after § 3 paragraph 1 number 2 letter c for personal protective equipment , subject of the type examination according to § 6.

Article 6 EC type examination personal protective equipment, with the exception of article simple protective equipment referred to in 8 para 3 of the Directive 89/686/EEC, are subject to an EC type examination referred to in article 10 of this directive.

Article 7 EC quality assurance 8 para referred 4 5(a) of Directive 89/686/EEC complex personal protective equipment covered by article quality assurance after article 11 of this directive by a notified body.

§ 8 (dropped out) § 9 any person within the meaning of article 39, paragraph 1, number 7 is 2(a) of the product safety Act offences, who intentionally or negligently provides personal protective equipment contrary to article 3, paragraph 1.

§ 10 (dropped out)