Ninth Regulation To The Product Safety Act (Machine Regulation)

Original Language Title: Neunte Verordnung zum Produktsicherheitsgesetz (Maschinenverordnung)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/gsgv_9/BJNR070410993.html

Ninth regulation to the product safety Act (machine Regulation) (9 ProdSV) 9 ProdSV Ausfertigung date: 12.05.1993 full quotation: "ninth regulation to the product safety Act (machine Ordinance) of 12 May 1993 (BGBl. I S. 704), most recently by article 19 of the law of 8 November 2011 (BGBl. I S. 2178) is changed" State: last amended by article 19 G v. 8.11.2011 I 2178 for more information on the stand number you find in the menu under instructions this regulation serves the implementation of Directive 89/392/EEC of 14 June 1989 to the Approximation of the laws of the Member States for machines (OJ EC No. L 183, p. 9), as last amended by Directive 91/368/EEC of 20 June 1991 (OJ EC No. L 198, p. 16).
This regulation is accordance with art.3 of V BC 12.5.1993 I 704 on the 20.5.1993 entered into force; She was taken I 717 from the Federal Government after consultation with the Committee for technical equipment and of interested parties with the consent of the Federal Council as article 1 of the aforementioned V G v. case to d. Article 4, paragraph 1.
Footnote (+++ text detection from: 20.5.1993 +++) heading: IdF d. Article 19 No. 1 G v. 8.11.2011 I 2178 mWv 15.12.2011 (+++ official note of the standard authority on EC law: implementation of EWGRL 392/89 (CELEX Nr: 389 L 0392) EGRL 42/2006 (CELEX Nr: 306 L 0042) cf. V v. 18.6.2008 I 1060 +++) § 1 scope of application (1) this Regulation applies to the making available on the market and the putting into service of the following new products : 1 engines, 2. interchangeable equipment, 3. safety components, 4. lifting accessories, 5. chains, ropes and belts, 6 removable mechanical transmission devices and 7 incomplete machines.
(2) this Regulation shall not apply to: 1. safety components which as spare parts to replace identical components are determined by the manufacturer of the original machinery are supplied, special equipment for use in fairgrounds and amusement parks, 3. specially designed for nuclear use constructed 2 or used machines, whose failure to an emission of radioactivity can lead, 4. weapons including firearms, 5. the following means of transport : a) agricultural and forestry tractors with regard to the risks, the interchangeable towed machinery drawn by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of wheeled agricultural or forestry tractors, their trailers and that they, as well as repealing Directive 74/150/EEC (OJ EU no. L 171, p. 1) are captured in their currently valid version with the exception of machinery mounted on these vehicles, b) motor vehicles and their trailers within the meaning of 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 EC No. L 42, p. 1) in their respectively valid version 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 18 March 2002 on the type-approval of two or three-wheel motor vehicles (OJ EC No. L 124 p. 1) in their currently valid version with the exception of machinery mounted on these vehicles, d) vehicles intended exclusively for sporting competitions and e) means of transport for carriage in the air, on water and on rail networks with the exception of machinery mounted on these means of transport, 6 naval vessels and mobile offshore units, as well as machines that are installed on such ships or in such plants , 7 machines that specifically for military purposes or to the maintenance of public order designed and built, machines, which were designed, built and intended for temporary use in laboratories for research purposes are 8, 9 tray conveyors, 10 machines for transporting actors and performers during artistic performances, 11 electrical and electronic products of the following types, as far as under the 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 concerning electrical equipment designed for use within certain voltage limits (OJ EU no. L 374 p. 10) fall in their up-to-date version: a) for domestic use, household appliances, b certain) audio and video equipment, c) information technology equipment, d) ordinary office machinery, e) low-voltage switchgear and control devices and f) electric motors and 12 the following types of electrical high voltage electrical equipment: a) switching and control units, and b) transformers.
(3) are in annex I of 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 EU no. L 157 p. 24) in their currently valid version mentioned hazards that go out of a machine, all or part of the legislation more accurately captured by the other Community directives are implemented in German law, so the provisions of this regulation do not apply to the extent for this machine and this hazard.

Article 2 definitions 1 machines within the meaning of regulation are in section 1 para 1 No. 1 to 6 products listed.
2. is also a machine within the meaning of § 1 para 1, no. 1: a) an equipped with a drive system other than directly applied human or animal power or provided all of interconnected parts or devices, of which at least one or one is mobile, and which are joined together for a specific application, b) a whole within the meaning of points (a) , who are missing only the components that connect it on site or to their energy and power sources, c) a ready-to-whole in the sense of the letters a and b, which is only functional after installation on a means of transport, or installed in a building or structure, d) a grouping of machinery within the meaning of the letters a to c or from partly completed machinery referred to in point 8 , which, so that they work together, are so arranged and are operated, they work as a whole by machines, e) a whole of interconnected parts or devices, of which at least one or one is moving and which are joined together for lifting operations and whose only power source is directly applied human effort.
3. an interchangeable equipment is a device that the operator of a machine or tractor attaches after their commissioning itself to you, to change its function or to expand, if this equipment is not a tool.
4. a security component is a component, a) used to ensure a safety function, b) provided separately on the market, c) whose failure or malfunction endanger the safety of persons and d) that is not required for the functioning of the machine or for the functioning of the machine standard components can be replaced.
A non-exhaustive list of safety components is contained in annex V of to Directive 2006/42/EC.
5. a lifting tackle is a device belonging not to the hoist or piece of equipment, which allows the taking of the load and which is itself attached between machine and load or on the load or that this is intended to be, an integral part of the load and is provided separately on the market lifting accessories are also lifting accessories and their components.
6 chains, ropes and webbing are developed and manufactured chains, ropes and straps for lifting purposes as part of hoists and lifting accessories.
7. a removable drive shaft is a removable component for power transmission between a drive or a tractor and another machine, which combines the first fixed bearing of both machines. Provided the device together with the protective device on the market, this combination as a single product is to be regarded.
8. an incomplete machine is a whole that forms almost a machine, taken but to meet no particular function in itself. A drive system represents an incomplete machine. A partly completed machinery is only intended to be incorporated into other machinery or partly completed machinery or equipment or to be with them, to make a machine together with them within the meaning of this regulation.
9. getting started is the first intended use of a machine covered by this regulation in the community.
10. a manufacturer is any natural or legal person who constructed a machine covered by this regulation or an incomplete machine or builds and is responsible for the conformity of the machine or partly completed machinery with this regulation with regard to their placing on the market under their own name or trademark or for personal use. If there is not a manufacturer within the meaning of sentence 1, any natural or legal person who brings a machine covered by this regulation or the partly completed machinery on the market or is in operation, is considered to be a manufacturer.
11.
A harmonized standard is a non-binding technical specification, by a European standards organisation on the basis of an order of the Commission in accordance with the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society (OJ EC No. L 204, p. 37) was accepted in its amended established procedure.
12. the essential safety and health requirements are the mandatory provisions for the design and construction of products to which this Regulation applies. The purpose of these requirements is a high level of safety and health of persons and, where appropriate, of domestic animals, the safety of things as well as, where applicable, to ensure the protection of the environment. The essential health and safety requirements are specified in annex I of to Directive 2006/42/EC. The essential safety and health requirements concerning the protection of the environment are to apply these machines only in section 2.4 of this annex.

§ 3 conditions for the deployment of machines on the market or the putting into service of machinery (1) the manufacturer or his authorised representative must bring machines only in the transport or operate if proper installation and maintenance and intended use or foreseeable misuse the security and the health of individuals and the safety of domestic animals and goods and , as applicable, do not compromise the environment.
(2) the manufacturer or his authorised representative must prior to the placing on the market or starting a machine 1 make sure that the machine is in annex I of to Directive 2006/42/EC of listed, relevant basic safety and health requirements, ensure 2 that listed in annex VII, part A to Directive 2006/42/EC are technical documentation referred to available, 3. in particular, the necessary information , as I of to Directive 2006/42/EC, available make the operating instructions in the sense of annex, perform the relevant conformity assessment procedures pursuant to section 4 4., 5. issue the EC declaration of conformity set out in annex II, part 1, section A of Directive 2006/42/EC and ensure that it is with the machine and affix CE marking according to § 5 6.
(3) the manufacturer or his authorised representative must have the necessary resources in terms of the procedure referred to in article 4 or have access to them, to ensure that the machine complies with the essential safety listed in annex I of to Directive 2006/42/EC and health protection requirements.
(4) the machine is subject to other legal provisions that stipulate the CE marking, is confirmed by the CE-marking also, that the machine also meets the requirements of those other laws. Are free however in accordance with one or more of these rules during a transitional period the choice of the applicable rule the manufacturer or his authorised representative, so the CE marking confirms in this case only, that the machine complies with the standards applied by the manufacturer or his authorised representative pursuant to sentence 1. In these cases, all numbers of the Community policies that underlie the applied legislation, must be in the EC conformity declaration enclosed with the machine listed according to its publication in the official journal of the European Union.
(5) is a machine made according to a harmonised standard, whose site has been published in the official journal of the European Union, it is assumed, that it corresponds to the of this harmonised standard covered basic safety and health requirements.

§ Performs one of the conformity assessment procedures described in paragraphs 2, 3 and 4 4 conformity assessment procedures for machinery (1) the manufacturer or his authorised representative, to prove that the machine complies with the requirements of this regulation.
(2) is the machine not listed in annex IV of to Directive 2006/42/EC listed, so the manufacturer or his authorised representative performs provided procedures of conformity assessment with internal production control in the production of engines in annex VIII of Directive 2006/42/EC.
(3) the machine in annex IV of to Directive 2006/42/EC is listed and manufactured according to the harmonized standards referred to in article 3, par. 5 and these standards take into account all relevant basic safety and health requirements, that performs the manufacturer or his authorised representative of one of the following procedures: 1 in annex VIII of Directive 2006/42/EC the conformity assessment procedure provided for with internal production control in the manufacture of machines or 2 which described in annex IX of to Directive 2006/42/EC Internal production control described in annex VIII, no. 3 of Directive 2006/42/EC EC type examination procedures, as well as in the manufacture of machines or 3. the procedure described in annex X of Directive 2006/42/EC of comprehensive quality assurance.
(4) is the machine in annex IV of to Directive 2006/42/EC listed and the harmonised standards referred to in article 3, paragraph 5 in the manufacture of the machine were not or only partially taken into account or these standards take into account all relevant basic safety and health requirements, or there is no harmonised standards for the machine in question, so does the manufacturer or his authorised representative of one of the following procedures : 1. the EC type examination procedures described in annex IX of to Directive 2006/42/EC, as well as the internal production control described in annex VIII No. 3 of Directive 2006/42/EC for the manufacture of machinery, or 2. the comprehensive quality assurance procedure in annex X of Directive 2006/42/EC.

§ 5 CE marking (1) is pursuant to section 3 para 2 No. 6 required CE marking according to § 7 paragraph 1 and 3 sentence 1 of the product safety act.
(2) the components of the CE marking must be approximately equal; the minimum height is 5 mm. This minimum height can be less than on small machines.
(3) the CE marking is in the immediate vicinity of the indication of the manufacturer or his authorised representative to install and run in the same technique as this specification.
(4) if the full quality assurance procedure no. 2 has been applied according to § 4 para 3 No. 3 and § 4 para 4, respectively, the identification number of the notified body is the CE mark to attach.
(5) no markings, signs or inscriptions may be on the machine attached, are likely to mislead third parties with regard to the meaning or the lettering of the CE marking, or both. Any other marking may be affixed to the machine, if it does not affect the visibility and legibility of the CE marking.

§ 6 conditions for the provision of partly completed machinery on the market (1) the manufacturer or his authorised representative ensures prior to the placing on the market of partly completed machinery that 1 the special technical documents referred to in annex VII b to Directive 2006/42/EC are created, 2. the instructions set out in annex VI of to Directive 2006/42/EC will be created, and 3. a declaration referred to in annex II, part was issued 1 section B of Directive 2006/42/EC.
(2) the installation instructions and the Declaration of incorporation must accompany the partly completed machinery and can then be part of the technical documentation of the whole machine.
(3) attaching the CE-marking on partly completed machinery is not allowed.

§ 7 (1) market surveillance market surveillance authorities take all necessary measures to ensure that machines on the market are provided or commissioned, if it complies with the applicable provisions of this regulation and if with proper installation and maintenance and intended use or foreseeable misuse the safety and health of persons and the security of domestic animals and goods and , as applicable, do not compromise the environment. On a machine that is provided with the CE marking pursuant to section 5 of this regulation and of the EC declaration of conformity with the annex II part 1 section A of Directive 2006/42/EC listed information is attached, market surveillance authorities assume that it meets the requirements of this regulation.
(2) the market surveillance authorities take all necessary measures to ensure that partly completed machinery on the market are provided, if they comply with the provisions of this regulation.
(3) the market surveillance which in annex I section 2.4 of Directive 2006/42/EC referred to machines for the application of pesticides contribute Julius Kühn Institut, Federal Research Institute for cultivated plants, and for the implementation of legislation on plant protection authorities of countries with.

Section 8 offences any person within the meaning of article 39, paragraph 1 number 7 is, letter a of the product safety act who intentionally or negligently 1 violates article 3 paragraph 2 number 2 does not ensure that the technical documentation are available, 2. contrary to article 3, paragraph 2 the operating instructions do not or not timely provides number 3, 3.
violates article 3 paragraph 2 No. 4 in conjunction with article 4 not or not timely performs one of the prescribed conformity assessment procedures, 4. contrary to article 3, paragraph 2 an EC declaration of conformity issues number 5 not or not timely or does not ensure that she is with the machine, 5. contrary to article 3, paragraph 2 a number 6 in conjunction with article 5 paragraph 1 up to 3 or 4 CE marking not , is not in the prescribed manner or in a timely manner, 6 contrary to article 5, paragraph 5, sentence 1 brings a not permitted labelling, not permissible character, or not allowed inscriptions on a machine, 7 contrary to § 6 paragraph 1 No. 1 does not ensure that the technical documents are compiled, not attaches an assembly instructions or a declaration of 8 contrary to section 6 paragraph 2 or 9 contrary to section 6 paragraph 3 shall affix a CE marking.

Section 9 transitional provisions portable fixing cartridge-operated fixing and other impact machinery, the fire regulation by July 13, 2006 (BGBl. I p. 1474) meet, must still be provided to June 28, 2011 on the market and put into operation.