Ninth Regulation To The Product Safety Act (Machine Regulation)

Original Language Title: Neunte Verordnung zum Produktsicherheitsgesetz (Maschinenverordnung)

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

Non-official table of contents

9. ProdSV

Date of delivery: 12.05.1993

Full quote:

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

:Last modified by Art. 19 G v. 8.11.2011 I 2178

For details, see the Notes

menu.
This regulation is used to implement Council Directive
89 /392/EEC of the 14. June 1989 on the approximation of the
of the Member States of the Member States relating to machinery (OJ C EC No 9), as last
by the Council Directive 91 /368/EEC of 20 June 1991. 21 June 1991 (OJ L 327, EC No L 198
S. 16).
This Regulation is in accordance with. Art. 3 of V v. 12.5.1993 I 704 entered into force on 20.5.1993
it was brought into force on the basis of d. § 4 para. 1 G v. 24.6.1968 I 717
issued by the Federal Government after consultation of the Technical
Committee and the parties concerned with the consent of the Federal Council
as Article 1 of the above-mentioned V.

Footnote

(+ + + Text proof from: 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) V v. 18.6.2008 I 1060 + + +)
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§ 1 Scope of application

(1) This Regulation applies to the provision on the market and to the Startup of the following new products:
1.
Machines,
2.
exchangeable Equipment,
3.
Security Components,
4.
Load-receiving means,
5.
Chains, ropes, and straps,
6.
Removable articulated shafts and
7.
uncomplete machines.
(2) This regulation does not apply to:
1.
Safety components that are used as Spare parts are intended for the replacement of identical components and supplied by the manufacturer of the original machine,
2.
special equipment for use on markets and amusement parks,
3.
specially designed or used for a nuclear use, the failure of which shall result in an emission of radioactivity,
4.
Weapons including firearms,
5.
the following Means of transport:
a)
agricultural and forestry tractors in relation to the risks laid down by Directive 2003 /37/EC of the European Parliament and of the Council of the 26. May 2003 concerning the type-approval of agricultural and forestry tractors, their trailers and interchangeable towed machinery, and repealing Directive 74 /150/EEC (OJ No L 73, 27.3.74, p. EU No 1), as amended, with the exception of machinery mounted on these vehicles,
(b)
Motor vehicles and Motor vehicle 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 No L 1970, p. EC No 1), as amended, with the exception of machinery mounted on these vehicles,
c)
Vehicles within the meaning of Directive 2002/24/EC of the European Parliament and of the Council of of the European Parliament and of the Council of 18 March 2002 on type-approval of two-or three-wheel motor vehicles (OJ L 327, 31.12.2002, p. EC No 1), as amended, with the exception of the machinery mounted on these vehicles,
d)
intended exclusively for sports competitions Motor vehicles and
e)
means of transport for air, water and rail transport, with the exception of those relating to these means of transport;
6.
Seeschiffe and mobile offshore installations as well as machines installed on such ships or in such systems
7.
Machines specially designed and built for military purposes or for maintaining public order,
8.
Machines specifically designed and built for research purposes and intended for temporary use in laboratories,
9.
Chess conveyor systems,
10.
Actors and actresses transport machines 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 equipment for use within certain voltage limits (OJ L 327, 28.12.2006, p EU No 10) in their respective versions:
a)
household appliances intended for domestic use,
b)
Audio and Video Devices,
c)
Information Technology Devices,
d)
ordinary office machines,
e)
low-voltage switchgear and control devices, and
f)
Electric motors and
12.
the following types of high-voltage electrical equipment:
a)
switching and control devices and
b)
Transformers.
(3) Annex I to Directive 2006 /42/EC of the European Parliament and of the Council of 17 November 2006 May 2006 on machinery and amending Directive 95 /16/EC (recast version) (OJ L 136, 31.5.1995, p. EU No 24), as amended in each case, which originate from a machine, fully or partially covered by legislation which transposes other Community directives into German law, shall not apply in so far as the provisions of this Regulation are applicable to this machine and to such hazards. Non-official table of contents

§ 2 Definitions

1.
Machines For the purposes of the Regulation, the products listed in Section 1 (1) no. 1 to 6 are.
2.
A machine within the meaning of Section 1 (1) No. 1 is also:
a)
a set of components fitted with a different drive system than the human or animal force directly employed or intended for this purpose or devices of which at least one of them is movable and which are assembled for a particular application,
b)
a whole in the sense of Letters a, which merely lack the parts that connect them to their place of use or with their energy and drive sources,
c)
a ready-to-install entity in the sense of (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 whole of Machinery within the meaning of points (a) to (c) or in the case of incomplete machinery as specified 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 drive source is the direct human force.
3.
A replaceable equipment is a device that the operator of a machine or towing machine after it is put into service itself, in order to change or extend its function, provided that this equipment is not a tool.
4.
A Security component is a component,
a)
which is used to ensure a security function,
b)
provided separately on the market,
c)
the failure or malfunction of which is the security of Persons at risk and
d)
which is not required for the operation of the machine or replaced by components common to the operation of the machine
A non-exhaustive list of safety components can be found in Annex V to Directive 2006 /42/EC.
5.
A load-receiving means is not a A part or piece of equipment belonging to a hoist 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 become an integral part of the load, and which is intended to be used for the purpose of: shall be made available separately on the market; the lifting equipment shall also be used as a means of impact and its components.
6.
Chains, ropes and belts shall be used for lifting purposes as Chains, ropes and belts developed and manufactured by lifting equipment or lifting equipment.
7.
A removable joint shaft is a removable component for the Power transmission between a drive or traction machine and another machine connecting the first fixed bearings of both machines. If the device is provided on the market together with the protection device, this combination is to be considered 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 to be installed or assembled with other machines or incomplete machinery or equipment in order to bring together a machine within the meaning of this Regulation.
9.
Start-up is the first-time intended use of a machine covered by this Regulation in the European Union. Community.
10.
A manufacturer is any natural or legal person who has a machine covered by this Regulation or an incomplete machine. is constructed or constructed and is responsible for the conformity of the machinery or incomplete machinery with this 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 placing on the market or holding a machine or incomplete machinery covered by this Regulation shall be deemed to be a producer
11.
A harmonised standard is a non-binding technical specification adopted by a European standard organisation on the basis of a mandate from the Commission in accordance with the procedure laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1999 on the The European Parliament and of the Council of 19 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services (OJ C EC No 37) was adopted in its current version.
12.
The basic safety and health protection requirements are: the binding rules governing the design and construction of products to which this Regulation applies. 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 for the protection of the environment shall be applied only to the machinery referred to in section 2.4 of this Annex.
A non-official table of contents

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

(1) The manufacturer or his authorized representative may Only placing machinery on the market or putting it into service if it is properly installed and maintained and, when used in accordance with its intended use or foreseeable misapplication, the safety and health of persons and safety of domestic animals and goods and, where applicable, the environment do not endanger.(2) The manufacturer or his authorised representative must, before placing the machinery on the market or before putting into service a machine,
1.
ensure that the machine is listed in Annex I of Directive 2006 /42/EC, which complies with the basic safety and health protection requirements applicable to them,
2.
ensure that the Annex The technical documentation referred to in Part A of Part A of Directive 2006 /42/EC,
3.
, in particular, the information required, such as the instructions for use in the sense of Annex I to Directive 2006 /42/EC,
4.
perform the appropriate conformity assessment procedures in accordance with § 4,
5.
issue the EC declaration of conformity in accordance with 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 authorized representative must have the necessary means with regard to the procedure referred to in § 4. or have access to them in order to ensure that the machinery meets the essential health and safety requirements set out in Annex I to Directive 2006 /42/EC.(4) The machine shall also be subject to other legislation which prescries the CE marking, and the CE marking shall also confirm that the machinery is also in conformity with the provisions of those 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 shall be listed.(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 be the basic one covered by this harmonised standard Safety and health protection requirements. Non-official table of contents

§ 4 Conformity assessment procedures for machines

(1) The manufacturer or his authorized representative leads one of the Paragraphs 2, 3 and 4, in order to demonstrate that the machinery is in conformity with the provisions of this Regulation.(2) If the machinery is 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 internal production control in the manufacture of machines.(3) If the machine is listed in Annex IV to Directive 2006 /42/EC and is manufactured in accordance with the harmonised standards referred to in Article 3 (5), these standards shall take into account all relevant essential health and safety requirements, such as: the manufacturer or his authorised representative shall carry out one of the following procedures:
1.
the procedure laid down in Annex VIII to Directive 2006 /42/EC Conformity assessment with internal manufacturing control in the manufacture of machines or
2.
described in Annex IX to Directive 2006 /42/EC EC type-examination procedures and the internal control of the manufacture of machinery as described in point 3 of Annex VIII to Directive 2006 /42/EC, in the manufacture of machinery or
3.
in Annex X to Directive 2006 /42/EC.
(4) The machinery is listed in Annex IV to Directive 2006 /42/EC and the harmonised standards referred to in Article 3 (5) have been included in the the manufacture of the machinery is not or only partially taken into account, or does not take into account all the relevant essential health and safety requirements, or does not have any harmonised standards for the machinery in question; the manufacturer, or his authorised representative, shall carry out one of the following procedures:
1.
described in Annex IX to Directive 2006 /42/EC EC type-examination procedures and the internal control of the manufacture of machinery as described in point 3 of Annex VIII to Directive 2006 /42/EC, in the manufacture of machinery or
2.
Full quality assurance procedure described 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 shall be 5 millimetres. In the case of small machines, this minimum height can be undershot.(3) The CE marking shall be affixed in the immediate vicinity of the indication of the manufacturer or his authorised representative and shall be carried out in the same technique as that specified.(4) If the procedure of comprehensive quality assurance has been applied in accordance with § 4 (3) (3) or (4) (4) (2), the CE marking must be added to the identification number of the notified body.(5) No markings, signs or inscriptions may be affixed on the machine which could mislead third parties in respect of the meaning or the character of the CE marking or in both respects. 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 Requirements for the provision of non-complete machines on the market

(1) The manufacturer or its Authorised representative shall ensure, before placing on the market of an incomplete machine, that
1.
the special technical documentation referred to in Annex VII, Part B, of the Directive 2006 /42/EC,
2.
the assembly instructions are created in accordance with Annex VI of Directive 2006 /42/EC, and
3.
an installation statement in accordance with Annex II, Part 1, Section B, of Directive 2006 /42/EC has been issued.
(2) The assembly instructions and the installation statement are the incomplete The machine 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 permitted. Non-official table of contents

§ 7 Market Surveillance

(1) The market surveillance authorities shall take all necessary measures to ensure that: machinery is only available on the market or put into service if it complies with the provisions of this Regulation which apply to it and, if it is properly installed and maintained and used in accordance with its intended purpose, or foreseeable misapplication shall not endanger the safety and health of persons and the safety of domestic animals and goods and, where applicable, the environment. 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 shall 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 provided on the market only if it complies with the provisions of this Regulation.(3) In the market surveillance of the machinery for the application of pesticides listed in Section 2.4 of Annex I to Directive 2006 /42/EC, the Julius Kühn Institute, the Federal Research Institute for Cultural Plants, and the Institute for the Implementation of the Pesticides, shall act on the market. Plant protection legislation in the countries concerned. Non-official table of contents

§ 8 Administrative Offences

Administrative Offences within the meaning of Section 39 (1) (7) (a) of the Product Safety Act Who intentionally or negligently
ensure that the technical documentation is available,
1.
contrary to § 3 paragraph 2, point 2,
2.
contrary to § 3, paragraph 2, point 3, the operating instructions are not available or are not available in time,
3.
contrary to § 3, paragraph 2, point 4, in conjunction with § 4 of one of the conformity assessment procedures prescribed there, or does not perform in good time,
4.
contrary to § 3, paragraph 2, point 5, an EC declaration of conformity does not or does not issue in time or does not ensure that it is attached to the machine,
5.
contrary to § 3, paragraph 2, point 6, in conjunction with § 5 (1) to (3) or (4), a CE marking, not in the prescribed manner or in time
6.
contrary to § 5, paragraph 5, sentence 1, an inadmissible marking, a non-allowed character, or an inadmissible inscription on a machine
7.
contrary to § 6, paragraph 1, point 1, does not ensure that the technical documentation is created
8.
contrary to § 6, paragraph 2, an assembly instructions or an installation statement is not included or
9.
contrary to § 6 Paragraph 3 introduces a CE marking.
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§ 9 Transitional provisions

Portable fastening devices with propellant charge and other gunfire equipment, which is the subject of the decision of the 13. July 2006 (BGBl. I p. 1474), may still be in place until the 28. It will be available on the market and put into operation on the market in June 2011.