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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Eighth Regulation on the Product Safety Act (Regulation on the provision of personal protective equipment on the market) (8). ProdSV)

Non-official table of contents

8. ProdSV

Date of delivery: 10.06.1992

Full quote:

" Achte Regulation on the Product Safety Act (Regulation on the provision of personal protective equipment on the market) in the version of the notice of 20 June 1992. February 1997 (BGBl. 316), as last amended by Article 16 of the Law of 8. November 2011 (BGBl. I p. 2178) "

:Recaught by Bek. v. 20.2.1997 I 316;
last modified by Art. 16 G v. 8.11.2011 I 2178

For details, see Notes

Footnote

(+ + + Text evidence from: 1.7.1992 + + +)
(+ + + Amcial). Note from the norm provider on EC law:
Reaction of
EWGRL 686/89 (CELEX Nr: 386L0686) + + +)

Heading: IdF d. Art. 16 No. 1 G v. 8.11.2011 I 2178 mWv 1.12.2011
This Regulation is designed to implement Council Directive 89 /686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (OJ L 378, 27.12.1989, p. EC No OJ L 399, p. 18).
The regulation is gem. Art. 3 of V v. 10.6.1992 I 1019 entered into force on 1 July 1992; it was referred to as Article 1 of this V by the Federal Minister for Labour and Social Affairs after consultation d. Committee on Technical Work Funds, in agreement with the Federal Minister for Economic Affairs and on the basis of d. § 120e para. 1 GewO idF d. Bek. v. 1.1.1987 I 425 iVm Art. 129 GG issued by the Federal Minister for Labour and Social Affairs. Non-official table of contents

§ 1 Scope of application

(1) This Regulation applies to the provision of 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 shall be devices and means intended for the prevention and reduction of risks to the safety and health of a person and shall be held by the person on the body or on parts of the body; or shall be worn.(3) Personal protective equipment shall also be considered as:
1.
Units made up of several manufacturers consist of assembled devices or means,
2.
means or means which are provided with a non-protective personal equipment provided by a person to (3)
3.
exchangeable components of a personal protective equipment for the exercise of an activity carried out or held, separable or inextricably linked
whose impeccable effectiveness is absolutely necessary and which are used exclusively for such personal protective equipment
and which serve the protection objectives referred to in paragraph 2.(4) An essential component of personal protective equipment is any connection system provided on the market by means of which it is connected to an external device. Sentence 1 shall also apply to connection systems which are not kept or worn by the user during use.(5) This Regulation shall not apply to personal protective equipment which is
1.
exclusively for the The Federal Armed Forces, the Civil Protection, the Police of the Federation and the Länder, as well as other bodies serving the public security or public order, have been developed or manufactured,
2.
to protect against weathering, moisture, water, and heat for private use,
3.
devices or means for self-defense,
4.
to protect or save ship-or
Regulation shall not apply to helmets and sun visors for users of two-wheel and three-wheel motor vehicles.(7) The scope of the Regulation also excludes personal protective equipment, the provision of which on the market is aimed at the security requirements of Article 2 of the legislation, in accordance with the law applicable to the implementation of other legislation. Directives of the European Community as defined in Council Directive 89 /686/EEC of 21 June 1992. 1 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (OJ L 327, 28.12.1989 EC No 18), as amended by Council Directive 93 /68/EEC of 22 June 1992. 1 July 1993 (OJ C 327, EC No 1), by Council Directive 93 /95/EEC of 29 June 1992. 1 October 1993 (OJ L 327, EC No 11), and Directive 96 /58/EC of the European Parliament and of the Council of 3 June 1999 on the 1 September 1996 (OJ L 327, EC No L 236 p. 44). unofficial table of contents

§ 2 security requirements

Personal protective equipment may only be made available on the market if it is comply with basic health and safety requirements laid down in Annex II to Directive 89 /686/EEC and, in the event of their intended use and maintenance, protect the life and health of users without the health or safety of the user; Endanger the safety of other persons and the safety of domestic animals and goods. Non-official table of contents

§ 3 Conditions for provision on the market

(1) Personal protective equipment may only be placed on the market when the following requirements are met:
1.
The personal protective equipment shall bear the CE marking provided for in Article 5, which confirms to the manufacturer, or his authorized representative established in the European Community or to another Contracting State of the Agreement on the European Economic Area, that: the security requirements according to § 2 are met and
a)
the personal protective equipment, which is a EC type-examination according to § 6, is subject to the tested type of construction,
b)
for personal protective equipment, which is an EC quality assurance according to § 7 shall be subject to a quality assurance procedure provided for in Article 11 of Directive 89 /686/EEC and
c)
he shall be subject to his obligations to the person he has commissioned '
2.
From the manufacturer or his/her in the European Community or any other State Party to the Agreement on the Agents established in the European Economic Area shall be required to provide the following documents to the competent authorities:
a)
technical documentation in accordance with Annex III to Directive 89 /686/EEC,
b)
a declaration of conformity according to Annex VI to Directive 89 /686/EEC,
c)
in the case of personal protective equipment with type-examination in accordance with § 6 of the type-examination certificate,
d)
for personal protective equipment with quality assurance in accordance with § 7 a quality assurance report.
3.
The personal protective equipment must be accompanied by a written information from the manufacturer in accordance with point 1.4 of Annex II to Directive 89 /686/EEC in the German language .
(2) The personal protective equipment is also subject to other legislation which prescribates the CE marking, and the CE marking also confirms that the personal protective equipment also includes the provisions of this in accordance with 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, in this case, only confirm that the personal protective equipment is the one of the Manufacturer's legislation is in accordance with the first sentence. In such cases, in the written information provided by the manufacturer in accordance with point 1.4 of Annex II to Directive 89 /686/EEC, all the numbers of the Community directives on which it applies, in accordance with the rules laid down in the Directive, must be: Publication in the Official Journal of the European Communities. unofficial table of contents

§ 4

(omitted) unofficial Table of contents

§ 5 CE marking

(1) The CE marking required in accordance with Section 3 (1) no. 1 must be clearly visible, legible and permanently affixed to any personal protective equipment. However, if this is not possible due to the particular characteristics of the product, the CE marking may be affixed to the packaging.(2) The CE marking shall consist of the letters 'CE' in accordance with Annex IV to Directive 89 /686/EEC. In the case of personal protective equipment with EC quality assurance in accordance with § 7, the identification number of the notified body responsible for quality assurance shall be behind the CE marking.(3) No markings may be affixed to the personal protective equipment which could mislead third parties in respect of the meaning and the character of the CE marking. Any other marking may be affixed to the personal protective equipment or to its packaging if it does not affect the visibility and legibility of the CE marking.(4) In the case of personal protective equipment which is marked with the CE marking, the market surveillance authorities shall assume that these protective equipment shall comply with the requirements of § 2 if the manufacturer or his authorised representative is to: Ask for the following:
1.
declaration of conformity in accordance with § 3, paragraph 1, point 2, point (b) and
2.
in addition, the type-examination certificate according to § 3, paragraph 1, point 2 (c), for personal protective equipment, which are subject to the type-examination in accordance with § 6.
name="BJNR110190992BJNE000602308 " />Non-Official Table of Contents

§ 6 EC Type Examination

Personal protective equipment, with the exception of the provisions of Article 8 (3) of Directive 89 /686/EEC , shall be subject to an EC type-examination in accordance with Article 10 of this Directive. Non-official table of contents

§ 7 EC Quality Assurance

The complex personal data referred to in Article 8 (4) (a) of Directive 89 /686/EEC Protection equipment shall be subject to the quality assurance provided for in Article 11 of this Directive by a notified body. unofficial table of contents

§ 8

(omitted) unofficial Table of contents

§ 9 Administrative Offences

Administrative Offences as defined in Section 39 (1) (7) (a) of the Product Safety Act, who intentionally or negligently against § 3 (1), act as a personal protective equipment . Non-official table of contents

§ 10 (omitted)