Ninth Ordinance on the Product Safety Act (Machinery Regulation) (9. ProdSV)

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9. ProdSV

Date of completion: 12.05.1993

Full quote:

" Ninth Regulation of the Product Safety Act (Machinery Ordinance) of 12 May 1993 (BGBl. 704), as last amended by Article 19 of the Law of 8 November 2011 (BGBl). I p. 2178)

Status:

Last amended by Art. 19 G v. 8.11.2011 I 2178

For more details, please refer to the menu under Notes

This Regulation shall be used for the implementation of the Directive
Council Directive 89 /392/EEC of 14 June 1989 on the approximation of the laws of the Member States
of Member States for machinery (OJ L 327 EC No 9), last amended
by Council Directive 91 /368/EEC of 20 June 1991 (OJ L 327, 31.12.1991, p. EC No L 198
16).
This Regulation is in accordance with. Art. 3 of V v. 12.5.1993 I 704 on 20.5.1993
came into effect; it was due to d. § 4 (1) G v. 24.6.1968 I 717
by the Federal Government after consulting the Committee on Technical and Technical Cooperation
Working resources and the parties involved with the approval of the Bundesrat
as Article 1 of the above-mentioned V.

Footnote

(+ + + Proof of text: 20.5.1993 + + +) 

  

Heading: IdF d. Art. 19 No. 1 G v. 8.11.2011 I 2178 mWv 15.12.2011 (+ + + Official note of the norm-provider on EC law: Implementation of EWGRL 392/89 (CELEX Nr: 389L0392) EGRL 42/2006 (CELEX Nr: 306L0042) cf. V v. 18.6.2008 I 1060 + + +)
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§ 1 Scope

(1) This Regulation shall apply to the provision on the market and the putting into service of the following new products:

1.

Machinery,

2.

interchangeable equipment,

3.

safety components,

4.

Load receiving means,

5.

Chains, ropes and cucumbers,

6.

removable cardan shafts and

7.

incomplete machines.

(2) This Regulation shall not apply to:

1.

safety components intended as spare parts for the replacement of identical components and supplied by the manufacturer of the original machinery;

2.

special facilities for use in annual markets and amusement parks,

3.

Machinery specially designed or used for a nuclear use, the failure of which may lead to the emission of radioactivity,

4.

Weapons, including firearms,

5.

the following means of transport:

a)

agricultural and forestry tractors with regard to the risks laid down by Directive 2003 /37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural and forestry tractors, their trailers and the interchangeable towed machinery and repealing Directive 74 /150/EEC (OJ L 206, 22.7.1974, p. EU No 1), as amended in each case, with the exception of the machinery mounted on these vehicles,

b)

Motor vehicles and their trailers within the meaning of 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 1), as amended, with the exception of the machinery fitted on these vehicles,

c)

Vehicles within the meaning of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 on type-approval of two-or three-wheel motor vehicles (OJ L 201, 31.7.2002, p. EC No 1), as amended, with the exception of the machinery mounted on these vehicles,

d)

motor vehicles intended exclusively for sports competitions, and

e)

Means of transport in the air, on the water and on rail networks other than those fitted on these means of transport,

6.

Seagoing ships and mobile offshore installations, as well as machinery installed on such vessels or in such installations,

7.

Machinery specially designed and constructed for military purposes or for the maintenance of public order,

8.

Machinery specially designed and constructed for research purposes and intended for temporary use in laboratories,

9.

Shaft conveyors,

10.

Machines for the transport of performers and actresses during artistic presentations,

11.

electrical and electronic products of the following species, in so far as they are covered by Directive 2006 /95/EC of the European Parliament and of the Council of 12 December 2006 on the approximation of the laws of the Member States relating to electrical Means of operation for use within certain voltage limits (OJ L 327, 31.12.2002 EU No 10), as amended in each case:

a)

household appliances intended for domestic use,

b)

audio and video equipment,

c)

information technology equipment,

d)

ordinary office machines,

e)

Low-voltage switchgear and control units and

f)

Electric motors and

12.

the following types of electrical high voltage equipment:

a)

Switching and control devices and

b)

Transformers.

(3) Are those listed in Annex I to Directive 2006 /42/EC of the European Parliament and of the Council of 17 May 2006 on machinery and amending Directive 95 /16/EC (recast) (OJ L 327, 30.4.2006, p. EU No 24), in their respective version in force, which originate from a machine, or more closely, in whole or in part, by legislation which transposes other Community directives into German law, the provisions of this Regulation shall apply. in so far as the provisions of this Regulation do not apply to this machine and to these hazards. Unofficial table of contents

§ 2 Definitions

1.

Machines within the meaning of the Regulation are the products listed in Section 1 (1) (1) to (6).

2.

A machine within the meaning of Section 1 (1) (1) is also:

a)

a set of parts or devices, fitted with or intended to be fitted with a propulsion system other than the human or animal force directly employed, of which at least one or one of the elements is fitted with a and which are assembled for a particular application,

b)

a body as defined in point (a), which merely lacks the parts which they connect to their place of use or to their sources of energy and propulsion;

c)

a ready-to-install set within the meaning of points (a) and (b), which shall not be functional until after installation on a means of transport or installation in a building or structure,

d)

a set of machinery within the meaning of points (a) to (c) or of the incomplete machinery referred to in point 8, which, in order to cooperate, are arranged and operated in such a way as to function as a set of machines;

e)

a set of interconnected parts or devices, at least one of which is movable and which are assembled for lifting operations, and whose single source of drive is the human force directly employed.

3.

An interchangeable equipment is a device which the operator of a machine or tractor, after it is put into service, applies itself to it in order to modify or extend its function, provided that this equipment is not a tool.

4.

A security component is a component,

a)

which is designed to ensure a security function,

b)

which is provided separately on the market,

c)

whose failure or malfunction endangers the safety of persons and

d)

which is not necessary for the operation of the machinery or which can be replaced by components customary for the functioning of the machine.

A non-exhaustive list of safety components is set out in Annex V to Directive 2006 /42/EC.

5.

A load-bearing means is a component or piece of equipment which is not part of the hoisting equipment and which enables the load to be grasped and which is fitted between the machine and the load or on the load itself or which is intended to be an integral part of the load-bearing means. To become an integral part of the burden, and to be provided separately on the market; as load-bearing means, stop means and their components shall also apply.

6.

Chains, ropes and belts are chains, ropes and belts that are developed and manufactured for lifting purposes as a part of lifting equipment or load-bearing means.

7.

A removable joint shaft is a removable component for power transmission between a drive or traction machine and another machine, which connects the first fixed bearings of both machines. If the device is provided on the market together with the protection device, this combination shall be regarded as a single product.

8.

An incomplete machine is a set that almost forms a machine, but it cannot perform a specific function. A drive system is an incomplete machine. An incomplete machine shall be designed only to be fitted or assembled with other machinery or equipment or equipment in order to form a machine within the meaning of this Regulation together with them.

9.

Entry into service shall be the first-time intended use in the European Community of a machine covered by this Regulation.

10.

A manufacturer shall be any natural or legal person who designs or builds a machine or an incomplete machine covered by this Regulation, and is responsible for the conformity of the machinery or the incomplete machinery with the machinery. Regulation with a view to its placing on the market under its own name or trade mark or for its own use. In the absence of a manufacturer within the meaning of the first sentence, any natural or legal person who places on the market or takes into service a machine or incomplete machine covered by this Regulation shall be considered a manufacturer.

11.

A harmonised standard is a non-binding technical specification adopted by a European standardisation body on the basis of a mandate from the Commission in accordance with the rules laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (OJ L 327, 30.4.1998, p EC No 37) was adopted in accordance with the procedure laid down in each case.

12.

The basic safety and health requirements are the mandatory rules for the design and construction of products covered by this Regulation. The purpose of these requirements shall be to ensure a high level of safety and health protection of persons and, where appropriate, domestic animals, the safety of property and, where applicable, the protection of the environment. The essential health and safety requirements are set out in Annex I to Directive 2006 /42/EC. The basic safety and health requirements relating to the protection of the environment shall be applied only to the machinery referred to in section 2.4 of this Annex.

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§ 3 Conditions for the provision of machinery on the market or the commissioning of machinery

(1) The manufacturer or his authorised representative may only place machinery on the market or put it into service if, when properly installed and maintained and when used as intended or for foreseeable misuse, the safety of the machinery is safe. and the health of persons and the safety of domestic animals and goods and, where applicable, the environment. (2) The manufacturer or his authorised representative must, before placing the machinery on the market or before the machinery is put into service,

1.

ensure that the machinery complies with the basic safety and health protection requirements set out in Annex I to Directive 2006 /42/EC,

2.

ensure that the technical documentation referred to in Part A of Annex VII to Directive 2006 /42/EC is available,

3.

provide, in particular, the information required, such as the operating instructions as defined in Annex I to Directive 2006 /42/EC,

4.

carry out the appropriate conformity assessment procedures in accordance with § 4,

5.

Issue the EC declaration of conformity as set out in Annex II, Part 1, Section A of Directive 2006 /42/EC, and ensure that it is attached to the machine and

6.

Apply the CE marking in accordance with § 5.

(3) The manufacturer or his authorised representative must have or have access to the necessary means with regard to the procedure referred to in Article 4 in order to ensure that the machinery is the one listed in Annex I to Directive 2006 /42/EC (4) The machine is also subject to other legislation which prescribates the CE marking, and the CE marking also confirms that the machine is also responsible for the the provisions of these other legislation. However, if, in accordance with one or more of these laws, the manufacturer or his authorised representative is free to choose the applicable rules during a transitional period, the CE marking shall, in this case, only confirm that the Machinery shall be the same as that applied by the manufacturer or his authorised representative in accordance with the first sentence. In such cases, in the EC declaration of conformity accompanying the machinery, all the numbers of the Community directives which underlie the legislation applied must be published in the Official Journal of the European Union, as published in the Official Journal of the European Union (5) If a machine has been manufactured in accordance with a harmonised standard, the reference point of which has been published in the Official Journal of the European Union, it shall be presumed to have been covered by this harmonised standard. basic safety and health protection requirements. Unofficial table of contents

§ 4 Conformity assessment procedures for machines

(1) The manufacturer or his authorised representative shall carry out one of the conformity assessment procedures described in paragraphs 2, 3 and 4 in order to demonstrate that the machinery is in conformity with the provisions of this Regulation. (2) not listed in Annex IV to Directive 2006 /42/EC, the manufacturer or his authorised representative shall carry out the conformity assessment procedure provided for in Annex VIII to Directive 2006 /42/EC with regard to internal production control in the manufacture of by machines. (3) Is the machine in Annex IV to Directive 2006 /42/EC and in accordance with the harmonised standards referred to in Article 3 (5), and these standards shall take into account all the relevant essential health and safety requirements, the manufacturer or his authorised representative shall carry out one of the following: the following procedures:

1.

the conformity assessment procedure provided for in Annex VIII to Directive 2006 /42/EC with regard to internal production control in the manufacture of machinery, or

2.

the EC type-examination procedure described in Annex IX to Directive 2006 /42/EC and the internal production control in the manufacture of machinery as described in Annex VIII (3) of Directive 2006 /42/EC, or

3.

the comprehensive quality assurance procedure set out in Annex X to Directive 2006 /42/EC.

(4) Where the machinery is listed in Annex IV to Directive 2006 /42/EC, the harmonized standards referred to in Article 3 (5) have not been taken into account, or are only partially taken into account, in the manufacture of the machinery, or do not take into account all these standards. the relevant basic safety and health requirements, or where there are no harmonised standards for the machinery in question, the manufacturer or his authorised representative shall carry out one of the following procedures:

1.

the EC type-examination procedure described in Annex IX to Directive 2006 /42/EC and the internal production control in the manufacture of machinery as described in Annex VIII (3) of Directive 2006 /42/EC, or

2.

the comprehensive quality assurance procedure set out in Annex X to Directive 2006 /42/EC.

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§ 5 CE marking

(1) The CE marking required in accordance with § 3 (2) no. 6 is based on § 7 (1) and (3) sentence 1 of the Product Safety Act. (2) The components of the CE marking must be approximately the same; the minimum height is 5 millimeters. In the case of small machines, this minimum height can be undershot. (3) The CE marking must be affixed in the immediate vicinity of the indication of the manufacturer or his authorised representative and must be carried out in the same technique as that specified. (4) the comprehensive quality assurance procedure has been applied in accordance with Article 4 (3) (3) or § 4 (4) (2) respectively, the CE marking must be attached to the identification number of the notified body. (5) No markings on the machine may be used on the machine, Symbols or inscriptions shall be affixed by third parties with regard to the meaning of or the text of the CE marking or, in both respects, misleading. Any other marking may be affixed to the machine if it does not adversely affect the visibility and legibility of the CE marking. Unofficial table of contents

§ 6 Conditions for the provision of non-complete machines on the market

(1) The manufacturer or his authorised representative shall ensure, before placing an incomplete machine on the market, that:

1.

the specific technical documentation referred to in Annex VII, Part B, to Directive 2006 /42/EC,

2.

the installation instructions are drawn up in accordance with Annex VI to Directive 2006 /42/EC, and

3.

an installation declaration has been issued in accordance with Annex II, Part 1, Section B, of Directive 2006 /42/EC.

(2) The installation instructions and the declaration of incorporation shall be accompanied by the incomplete machine and shall then be part of the technical documentation of the complete machine. (3) The affixing of the CE marking to incomplete machines shall not be allowed. Unofficial table of contents

§ 7 Market Surveillance

(1) The market surveillance authorities shall take all necessary measures to ensure that machinery is provided or put into service only on the market if it complies with the provisions of this Regulation which apply to it; and if, in the event of proper installation and maintenance and in the case of use or foreseeable misapplication, the safety and health of persons and the safety of domestic animals and goods and, where applicable, the environment do not compromise. In the case of a machine fitted with the CE marking in accordance with Article 5 of this Regulation and which is accompanied by the EC declaration of conformity with the particulars listed in Annex II, Part 1, Section A of Directive 2006 /42/EC, the Market surveillance authorities assume that they comply with the provisions of this Regulation. (2) Market surveillance authorities shall take all necessary measures to ensure that incomplete machinery is made available only on the market, if they comply with the provisions of this Regulation. (3) In the market surveillance of the Annex I, Section 2.4 of Directive 2006 /42/EC, the Julius Kühn Institute, the Federal Research Institute for Cultural Plants, and the authorities responsible for carrying out the plant protection legislation, act on the machinery for the application of pesticides. of the countries. Unofficial table of contents

§ 8 Administrative Offences

Contrary to the provisions of Section 39 (1) (7) (a) of the Product Safety Act, those who intentionally or negligently act

1.

does not ensure that the technical documentation is available, contrary to Section 3 (2) (2),

2.

, contrary to Article 3 (2) (3), the operating instructions are not made available or are not made available in time,

3.

contrary to § 3, paragraph 2, point 4, in conjunction with § 4 of one of the conformity assessment procedures prescribed there, shall not be carried out or not carried out in good time,

4.

, contrary to Article 3 (2) (5), does not issue an EC declaration of conformity, or does not provide it in good time, or does not ensure that it is attached to the machinery,

5.

, contrary to Article 3 (2) (6), in conjunction with Article 5 (1) to (3) or (4), the CE marking does not apply in the prescribed manner or not in due time,

6.

, contrary to § 5 (5), sentence 1, an unauthorised marking, a non-permissible sign or an unauthorised inscription on a machine is applied,

7.

Contrary to Article 6 (1) (1), it does not ensure that the technical documentation is drawn up,

8.

Contrary to Article 6 (2), an assembly instructions or a declaration of incorporation shall not be attached; or

9.

, contrary to Article 6 (3), a CE marking is applied.

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§ 9 Transitional provisions

Portable fastening devices with propellant charge and other guns, which are subject to the provisions of the decision of July 13, 2006 (BGBl. 1474), may be made available on the market and put into service until 28 June 2011.