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

Unofficial table of contents

8. ProdSV

Date of completion: 10.06.1992

Full quote:

" Eighth 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 February 1997 (BGBl. 316), as last amended by Article 16 of the Law of 8 November 2011 (BGBl). I p. 2178)

Status:	New by Bek. v. 20.2.1997 I 316;
	Last amended by Art. 16 G v. 8.11.2011 I 2178

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1992 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 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 provides for the implementation of 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 327, 30.12.1989, p. EC No OJ L 399, p. 18).
The Regulation is in accordance with. 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 of Labour and Social Affairs after hearing 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. Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the provision of new personal protective equipment on the market and to the issuing of new personal protective equipment. (2) Personal protective equipment within the meaning of this Regulation shall be: Means intended for the prevention and reduction of risks to the safety and health of a person, held or borne by the person on the body or on parts of the body. (3) Personal protective equipment shall also be considered as:

1.

units consisting of a number of devices or means assembled by the manufacturer,

2.

any means or means which are separably or inseparably linked to a non-protective personal equipment carried or held by a person for the purpose of carrying out an activity,

3.

Interchangeable components of personal protective equipment, which are absolutely necessary for their proper effectiveness and are used exclusively for this personal protective equipment

and the protection objectives referred to in paragraph 2. (4) An essential part of a personal protective equipment is any connection system provided on the market by 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:

1.

have been developed or manufactured exclusively for the Bundeswehr, civil protection, federal and state police and other bodies that serve public security or public order,

2.

developed or manufactured for use in the private sector to protect against the effects of weather, humidity, water and heat,

3.

Devices or means of self-defence,

4.

are intended for the protection or rescue of ships or aircraft passengers and are not carried on all the time.

(6) This Regulation also does not apply to helmets and sun visors for users of two-or three-wheel motor vehicles. (7) The scope of the Regulation also excludes personal protective equipment, the provision of which is available on the market , as regards the safety requirements referred to in Article 2, comply with the provisions of Council Directive 89 /686/EEC of 21 December 1989 on the approximation of the laws of the European Community, as laid down in other directives of the European Community Legislation of the Member States relating to personal protective equipment (OJ L 327, 22.7. EC No 18), as amended by Council Directive 93 /68/EEC of 22 July 1993 (OJ L 378, 31.12.1993, p. EC No 1), by Council Directive 93 /95/EEC of 29 June 1992, p. October 1993 (OJ C 327, EC No 11), and by Directive 96 /58/EC of the European Parliament and of the Council of 3 September 1996 (OJ L 96, 12.4.1996, p. 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 complies with the essential requirements for the protection of the health and safety of Annex II to Directive 89 /686/EEC and, in the case of its intended use, adequate maintenance of the life and health of users without compromising the health or safety of other persons and the safety of domestic animals and goods. Unofficial table of contents

§ 3 Conditions for the provision on the market

(1) Personal protective equipment may only be made available on the market if the following conditions are met:

1.

Personal protective equipment shall bear the CE marking referred to in § 5 by which the manufacturer or his/her person established in the European Community or in another Contracting State of the Agreement on the European Economic Area shall be established Authorized representative confirms that the security requirements laid down in § 2 are met and

a)

the personal protective equipment, which is subject to an EC type-examination in accordance with § 6, is in conformity with the type of construction examined;

b)

in the case of personal protective equipment subject to an EC quality assurance pursuant to Article 7, a quality assurance procedure shall apply in accordance with Article 11 of Directive 89 /686/EEC; and

c)

he has fulfilled his obligations to the notified body which he has instructed.

2.

The following documents shall be kept for the competent authorities by the manufacturer or his authorised representative established in the European Community or in another Contracting State of the Agreement on the European Economic Area. shall be:

a)

the technical documentation referred to in Annex III to Directive 89 /686/EEC;

b)

a declaration of conformity in accordance with Annex VI to Directive 89 /686/EEC;

c)

in the case of personal protective equipment with type-examination in accordance with § 6, the type-examination certificate,

d)

in the case of personal protective equipment with quality assurance in accordance with § 7, a report on quality assurance.

3.

The personal protective equipment must be accompanied by 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 shall also be subject to other legislation which prescribates the CE marking, and the CE marking shall also confirm that the personal protective equipment shall also comply with the provisions of those other provisions. 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

(dropped) 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 on the basis of 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 is behind the CE marking. (3) The personal protective equipment must not be used for any Markings which could mislead third parties in relation to the meaning and typeface 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) The market surveillance authorities shall, in the case of personal protective equipment, be affixed to personal protective equipment or to their packaging. Protective equipment which is marked with the CE marking shall ensure that these protective equipment meet the requirements of § 2 if the manufacturer or his authorised representative can, on request, submit:

1.

the declaration of conformity referred to in Article 3 (1) (2) (b) and

2.

in addition to the type-examination certificate in accordance with section 3 (1) (2) (c), in the case of personal protective equipment, which are subject to the type-examination according to § 6.

Unofficial table of contents

§ 6 EC type-examination

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

§ 7 EC Quality Assurance

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

§ 8

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§ 9 Administrative Offences

Contrary to Article 39 (1) (7) (a) of the Product Safety Act, the person who intentionally or negligently provides personal protective equipment in breach of § 3 (1). Unofficial table of contents

§ 10 (omitted)