Law on the electromagnetic compatibility of operating resources (EMVG)

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EMVG

Date of completion: 26.02.2008

Full quote:

" Law on the Electromagnetic Compatibility of Operating Resources of 26 February 2008 (BGBl. I p. 220), most recently by Article 461 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Status:

Last amended by Art. 461 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

*)

This Act is designed to implement Directive 2004 /108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing the Directive 89 /336/EEC EU No L 390 p. 24).

Footnote

(+ + + text from: 1.3.2008 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 108/2004 (CELEX Nr: 304L0108) + + +) 

  

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Content Summary

Section 1Requirements for operating equipment

§ 1	Scope
§ 2	Exceptions
§ 3	Definitions
§ 4	Basic requirements
§ 5	Presumption
§ 6	Placing on the market, commissioning and operation
§ 7	Conformity assessment procedures for equipment
§ 8	CE marking
§ 9	Other characteristics and information
§ 10	Notified bodies
§ 11	Special arrangements
§ 12	Fixed installations

Section 2Market Supervisory Authority of the Federal Network Agency

§ 13	Tasks and responsibilities of the Federal Network Agency
§ 14	Powers of the Federal Network Agency
§ 15	Obligation to provide information and to participate
§ 16	Periodic penalty payments
§ 17	Charging and outsourcing
§ 18	Pre-Procedure
§ 19	Contribution Scheme

Section 3Bußmonetary

§ 20

Fines

Section 4Final provisions

Section 21	Transitional provisions
Section 22	Repeal and amendment of legislation
Section 23	Recast of the Beleification and Recognition Regulation
§ 24	Entry into force, external force

Appendix 1	Technical documentation, EC declaration of conformity
Appendix 2	CE marking

Section 1
Requirements for operating equipment

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§ 1 Scope

(1) This Act shall apply to all operating equipment which may cause electromagnetic interference or whose operation may be affected by electromagnetic interference. (2) Unaffected

1.

the provisions of the Equipment and Product Safety Act,

2.

the legislation governing the placing on the market, transfer, issuing, putting into service and the operation of operating resources; and

3.

railway legislation on equipment requirements and on the testing, authorisation and supervision of equipment to ensure safe railway operation.

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§ 2 Exceptions

(1) This Act shall not apply to:

1.

Means of operation covered by the law on radio equipment and telecommunications terminal equipment,

2.

aeronautical products, parts and appliances referred to in Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 laying down common rules in the field of civil aviation and establishing a European Air Safety Agency (OJ L 196, 27.7.2005 EC No 1), as last amended by Commission Regulation (EC) No 1701/2003 of 24 September 2003 (OJ L 327, 28.12.2003, p. EU No L 243 p. 5),

3.

Means of operation which, by virtue of their physical properties,

a)

have such low electromagnetic emissions, or contribute to such a low level of electromagnetic emission, that it is possible to operate radio and telecommunications equipment and other means of operation as intended,

b)

and which can be operated without undue deterioration, under the influence of the electromagnetic interference used in their use,

4.

Radio equipment and kits assembled by radio amateurs pursuant to Section 2 (1) of the Amateur Radio Act, and commercially available equipment, which are converted by radio amateurs for use by radio amateurs,

5.

Means of operation intended solely for the purpose of carrying out military inter-state obligations or their construction for the purpose of defence, or which are intended for the prosecution of criminal offences and administrative offences or for the purpose of carrying out such offences or for the purposes of to be used for public safety.

(2) However, in accordance with

1.

in the case of sentence 1 (1), § § 14 to 19,

2.

in the cases of the first sentence of sentence 1 (2), (3) and (5) of § 14 (6) to (12) and § § 15 to 17, and

3.

in the case of sentence 1 (4) of § 14 (6) to (12) and § § 15 to 19.

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§ 3 Definitions

For the purposes of this Act

1.

Means equipment and fixed installations;

2.

is device

a)

a finished product intended for the end-user, having an independent function or a combination of such products, which may or may not cause electromagnetic disturbance, or which may or may not cause electromagnetic disturbance; the operation of which can be affected by electromagnetic interference,

b)

a component or an assembly intended to be fitted to a device by the end user and which can cause electromagnetic interference or which may be affected by electromagnetic interference,

c)

a pre-assembled kit which, after installation, fulfils an independent function and which can cause electromagnetic interference,

d)

a mobile installation in the form of a connection between equipment or other equipment intended for use in different places;

3.

Fixed installation is a special connection of equipment of different types or other equipment with the purpose of being operated in a predetermined place on a permanent basis;

4.

Electromagnetic compatibility shall be the ability of an operating means to operate satisfactorily in its electromagnetic environment without causing any electromagnetic disturbance to other operating resources available in this environment would be unacceptable;

5.

Electromagnetic disturbance is any electromagnetic phenomenon which could affect the function of an operating medium; an electromagnetic disturbance can be an electromagnetic noise, an undesirable signal or a change in the the distribution medium;

6.

Immunity is the ability of an operating means to operate under the influence of an electromagnetic disturbance without any impairment of function;

7.

Electromagnetic environment is the sum of all electromagnetic phenomena that can be detected in a given location;

8.

the manufacturer is the natural or legal person or person holding company responsible for the design or manufacture of a device or who is responsible for the design or manufacture of a device by issuing a declaration of conformity in its own name or the affixing of their name, mark or other distinguishing mark as a manufacturer; manufacturer is also the person who manufactures a new device from finished products or who modifies, rebuilds or rebuilds a device; Adjust;

9.

The placing on the market of a device on the market of the Member States of the European Union and of the other States Parties to the Agreement on the European Economic Area for the purpose of its distribution or operation shall be the first time the territory of one of those States; the placing on the market shall relate to each individual device, irrespective of the date and place of manufacture and whether it has been produced in single or series production; placing on the market is not the placing on the market of: and perform a device on exhibitions and trade fairs;

10.

Transmitter operator shall be the one to which frequencies are allocated for the operation of broadcast devices or radio networks;

11.

, generally accepted rules of technology are technical specifications for procedures, facilities and modes of operation which, according to the dominant opinion of the parties concerned, are capable of ensuring electromagnetic compatibility, and which are have proven themselves in practice;

12.

the harmonised standard shall be a harmonised standard established by a recognised standard organisation in the context of a Commission mandate to establish a European standard in accordance with the procedure laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 on a procedure for the provision of information in the field of technical standards and regulations (OJ L 327, EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 22 July 1998 (OJ L 136, 31.5.1998, p. EC No 18), as defined in the technical specification, the compliance of which is not compulsory.

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§ 4 Basic requirements

(1) Operating means must be designed and manufactured in accordance with the generally accepted rules of technology;

1.

the electromagnetic interference caused by them does not reach a level where the normal operation of radio and telecommunications equipment or other means of operation is not possible;

2.

they are sufficiently insensitive to the electromagnetic disturbances to be expected when the operation is carried out in order to be able to operate without unreasonable impairment as intended.

(2) In addition to the requirements referred to in paragraph 1, fixed installations shall be installed in accordance with the generally accepted rules of technology. The generally accepted rules of technology applied in order to ensure the essential requirements must be documented. Unofficial table of contents

§ 5 Mutualisation

Where an operating medium is in accordance with the relevant harmonised standards, it is presumed that the equipment is in conformity with the essential requirements of section 4 covered by those standards. This presumption of conformity confines itself to the scope of the harmonised standards applied and applies only within the framework of the essential requirements covered by these harmonised standards. Unofficial table of contents

§ 6 Placing on the market, commissioning and operation

(1) Operating equipment may only be placed on the market, passed on or put into service if it is used in the event of proper installation and maintenance as well as its intended use with the essential requirements in accordance with § 4 (1) agree. Equipment may only be placed on the market if it has undergone a conformity assessment procedure in accordance with § 7 and the requirements of § 8 (1) and (9) are fulfilled. (2) Devices placed on the market shall be converted or adapted in such a way that: (3) The Federal Government is authorized to act in accordance with a regulation which does not require the consent of the Federal Council, and which is subject to the law of the Federal Republic of Germany. on the protection of public telecommunications networks and the protection of the transmission and security of telecommunications networks, Reception sound systems which are operated in defined frequency spectra for security purposes. Unofficial table of contents

Section 7 conformity assessment procedures for equipment

(1) Where equipment is placed on the market, conformity with the essential requirements referred to in Article 4 (1) shall be proved in accordance with the procedure laid down in paragraphs 2 and 3. (2) The manufacturer shall, on the basis of an investigation of the relevant phenomena, have the following: To evaluate the electromagnetic compatibility of the device in order to determine whether it complies with the essential requirements of § 4, paragraph 1. The proper application of all relevant harmonised standards shall be equivalent to the electromagnetic compatibility assessment. The evaluation shall take into account all the normal conditions of use in the course of its intended operation. If a device can be operated in different configurations, the assessment shall confirm that the device complies with the essential requirements of § 4, paragraph 1, in all configurations which the manufacturer is considered to be typical of the (3) The manufacturer must draw up the technical documentation in accordance with Appendix 1, which demonstrates that the device complies with the essential requirements of § 4 (1). In order to certify that agreement, he or his authorised representative established within the Community shall draw up an EC declaration of conformity in accordance with Annex 1. The manufacturer or his authorised representative in the Community shall keep the technical documentation and the EC declaration of conformity available for inspection at least 10 years after the last equipment has been manufactured for the Federal Network Agency.
Where neither the manufacturer nor his authorised representative is established in the Community, this obligation shall be the responsibility of the person responsible for placing the equipment on the Community market. (4) In addition to the procedure laid down in Paragraphs 2 and 3 may submit to the manufacturer, or his authorised representative established within the Community, the technical documentation of the notified body with the application for evaluation. In doing so, it shall indicate which aspects of the essential requirements should be assessed. The notified body shall examine whether the technical documentation has adequate evidence of conformity with the requirements to be assessed. If so, the notified body certifies to the manufacturer or his authorised representative established within the Community that the equipment is in conformity with the assessed requirements. The manufacturer shall add the confirmation to the technical documentation. Unofficial table of contents

§ 8 CE marking

(1) Equipment whose conformity with the essential requirements referred to in § 4 has been demonstrated in the procedure pursuant to § 7 shall be the CE marking according to Appendix 2 by the manufacturer or his authorised representative established within the Community. (2) No markings may be affixed whose meaning or shape may be confused with the meaning or form of the CE marking. Other markings may be affixed to the device, the packaging or the instructions for use only if they do not adversely affect the visibility and legibility of the CE marking. Unofficial table of contents

§ 9 Other characteristics and information

(1) For identification purposes, each device must be marked with the type designation, the series, the serial number, or other information which makes it possible to assign the device to an EC declaration of conformity. (2) Each device shall be subject to the following conditions: to indicate the name and address of the manufacturer, its packaging or the documents attached. Where the manufacturer is not established in the Community, the name and address of his authorised representative established in the European Union or of the person responsible for placing the equipment on the Community market shall also be indicated. (3) The manufacturer must provide information on the equipment, its packaging or the accompanying documents relating to special precautions to be taken during the installation, installation, maintenance or operation of the equipment, in order to ensure that: Commissioning complies with the essential requirements of § 4 paragraph 1. In the case of equipment for non-professional users, this information must be written in German. (4) In the case of equipment whose compliance with the basic requirements of § 4 (1) in residential areas is not guaranteed, this information must be provided in German. (5) Each device must be accompanied by a user manual with all the information necessary for the intended use. In the case of devices for non-professional users, this instruction manual must be written in German. Unofficial table of contents

Section 10 Named posts

(1) A notified body must fulfil the following requirements:

1.

It must have sufficient staff, resources and equipment.

2.

Your staff has to be professionally competent and professionally reliable.

3.

It must be independent in the conduct of the audits and the drafting of the reports provided for in this Act.

4.

Their managers and their technical staff must be independent of bodies, groups or persons who have a direct or indirect interest in the equipment to be tested.

5.

Your staff must be obliged to maintain professional and commercial secrecy.

6.

It must be adequately insured with liability.

A request for recognition may be submitted to the Federal Network Agency as a notified body. The Federal Network Agency shall examine whether the requirements set out in the first sentence and the requirements of the legal regulation referred to in paragraph 2 are complied with. The Federal Network Agency regularly checks whether the notified body continues to fulfil the requirements set out in the first sentence. (2) The Federal Ministry of Economics and Energy is authorized by law, which does not comply with the approval of the Federal Council. (3) For conformity assessment bodies for the implementation of conformity assessments by third country agreements, the requirements and the procedure for the recognition and revocation of the recognition of notified bodies must be laid down. the provisions of paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

§ 11 Special provisions

(1) During the development and testing of equipment, the manufacturer must take precautions to avoid electromagnetic disturbance of equipment operated by third parties. (2) At trade fairs and exhibitions, the manufacturer must: Manufacturers, their authorised agents or importers shall set up and present equipment which does not comply with the provisions of this law if it provides the means of operation with a reference to the placing on the market of such means of operation or be put into service if they comply with the provisions of this Act agree. The persons responsible in accordance with the first sentence shall take appropriate measures to avoid electromagnetic interference. Where the means of operation cause electromagnetic interference, the responsible persons referred to in the first sentence shall immediately remove them by appropriate measures. Unofficial table of contents

§ 12 Local installations

(1) Fixed installations must be operated and maintained in such a way as to comply with the essential requirements laid down in Article 4 (1) and (2), first sentence. The operator is responsible for this. He has to keep the documentation available for inspection of the Federal Network Agency for inspection in accordance with Section 4 (2) sentence 2 for as long as the fixed installation is in operation. The documentation must correspond to the current technical condition of the installation. (2) A device which is intended for installation in a specific fixed installation and which is not available commercially requires the requirements laid down in § § 4, 7, 8 and 9 (3) to (5). Requirements not to be met. The equipment shall be accompanied by documents which result in:

1.

for which stationary installation the device is intended,

2.

the conditions under which this fixed installation has electromagnetic compatibility, and

3.

what precautions must be taken when they are installed in this fixed installation, so that they comply with the essential requirements of § 4.

Section 2
Market surveillance of the Federal Network Agency

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§ 13 Tasks and responsibilities of the Federal Network Agency

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur) shall execute this law, unless otherwise provided by law. (2) The Federal Network Agency shall, in particular, carry out the following tasks:

1.

to check equipment placed on the market or placed on the market for compliance with the requirements laid down in § 4 and § § 7 to 9 and to arrange for the measures to be taken in the event of non-compliance in accordance with § 14;

2.

to check equipment on fairs and exhibitions and to verify the compliance with the requirements laid down in Article 11 (2) and to arrange for the measures to be taken in the event of non-compliance in accordance with Article 14 (4);

3.

to check fixed installations for compliance with the essential requirements and to meet these requirements if there are indications that they do not comply with the essential requirements laid down in § 4;

4.

to clarify electromagnetic incompatibilities, including radio interference, and to arrange remedial action in cooperation with the parties concerned;

5.

Individual tasks pursuant to Directive 2004 /108/EC, other EC directives and agreements with third countries in relation to electromagnetic compatibility with the Commission of the European Communities and the Member States of the European Communities the Union and the other States Parties to the Agreement on the European Economic Area;

6.

to cooperate in the field of technical standardisation for the electromagnetic compatibility of resources in national and international standardisation bodies, and to act in support of other competent federal authorities in this regard;

7.

to carry out the recognition and supervision of notified bodies in accordance with § 10;

8.

to enforce the Regulation in accordance with Section 6 (3).

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Section 14 Powers of the Federal Network Agency

(1) The Federal Network Agency shall have the power to:

1.

to verify the compliance with the requirements laid down in § 4 and § § 7 to 9 for the use of equipment to be placed on the market or placed on the market,

2.

in accordance with the law on radio equipment and telecommunications terminal equipment, equipment to be placed on the market or placed on the market shall be subject to random checks for compliance with the requirements laid down therein,

3.

on trade fairs and exhibitions, and on compliance with the requirements of § 11 paragraph 2, as well as equipment pursuant to the law on radio equipment and telecommunications terminal equipment, to comply with the requirements of the § § 13.

4.

for fixed installations, where there is evidence to the contrary, proof of conformity with the essential requirements, to carry out a check of the installations and to order the fulfilment of the essential requirements.

(2) Where the Federal Network Agency finds that a device for which the CE marking is required under this Act or the Law on radio equipment and telecommunications terminal equipment is not marked with the CE marking, it shall: any measures necessary to restrict, prevent or reverse the placing on the market or transmission of the equipment concerned, or to restrict its free movement of goods. These measures may be directed against anyone who places or continues to place the device on the market. (3) The Bundesnetzagentur (Bundesnetzagentur) finds that a device with CE marking does not satisfy the requirements under paragraph 1 (1) or (2) of the Regulation. , it shall adopt the necessary arrangements to remedy this defect and to prevent any further infringement. If the defect is not remedied, the Bundesnetzagentur shall take all necessary measures to restrict, prevent or reverse the placing on the market or the transmission of the equipment concerned. The arrangements and measures referred to in the first and second sentences may be used against the manufacturer, his authorised representative with establishment in a Member State of the European Union or another State Party to the Agreement on the European Economic Area, and (4) If, in the case referred to in paragraph 1 (3), the Bundesnetzagentur (Bundesnetzagentur) finds that a device does not meet the requirements set out in that paragraph, it shall adopt the arrangements necessary to remedy this deficiency. If the defect is not remedied, the Federal Network Agency shall initiate the decommissioning of the equipment. (5) The Federal Network Agency shall establish that on a device, its packaging, the instructions for use or the guarantee case, a marking shall be made. , the meaning or form of which may be confused with the meaning or form of the CE marking, it shall take all the measures necessary to ensure the placing on the market or the commercial distribution of the instrument concerned. , to restrict, prevent or restrict its free movement of goods. These measures can be directed against anyone who places or passes on the device on the market. (6) The Federal Network Agency is empowered to take the necessary measures to clarify electromagnetic intolerances. It can

1.

for the protection of reception or transmission equipment and equipment used for security purposes and the associated radio services,

2.

on the protection of public telecommunications networks,

3.

for the protection of the body or life of a person or of matters of significant value, or

4.

for protection against the effects of equipment which does not comply with the provisions of this Act or any other legislation laying down the electromagnetic compatibility of such equipment;

Take special measures to operate equipment in a specific place or take all necessary measures to prevent the operation of operating equipment in a specific place. It may direct its actions to the operator or to the owner of an operating agent or to both. If, in the case of electromagnetic incompatibilities, the conditions of intervention are not met in accordance with the second sentence, the Federal Network Agency shall be empowered to deal with existing or foreseeable problems relating to electromagnetic compatibility on a to take the necessary measures to identify their cause and to arrange for remedial action, in cooperation with the parties concerned, in order to assess the interests of the parties concerned. Civil claims shall remain unaffected. In the case of electromagnetic incompatibilities, the Federal Network Agency shall cooperate with the parties concerned. It lays down the generally accepted rules of technology and may, in particular, draw up applicable technical standards. (7) Consisting of an electromagnetic disturbance

1.

a danger to a person's life or life, or to a foreign matter of significant value,

2.

a significant impairment of the use of a public telecommunications network; or

3.

Impairment of a receiving or transmitting device used for security purposes

and if the cause of the disturbance is not determined by other means, the staff of the Federal Network Agency shall have the power to obtain knowledge of the content and the closer circumstances of the telecommunications; the recording of the content shall be inadmissible. The basic right of telecommunications secrecy pursuant to Article 10 of the Basic Law shall be restricted in accordance with the provisions of the first sentence. (8) A measure referred to in paragraph 7 shall be interrupted immediately, if and as long as there are actual indications of the adoption of the fact that the conversation concerns the core area of private life. However, knowledge gained from the core area of private life-design must not be exploited and should be deleted immediately. The fact of obtaining and erasure is to be established. (9) The data obtained by means of a measure referred to in paragraph 7 shall be identified as such. They may only be used to detect and to stop electromagnetic interference. By way of derogation from sentence 2, the data may be transmitted by the Federal Network Agency to the law enforcement authorities, insofar as this is necessary for the prosecution of a criminal offence referred to in § 100a of the Criminal Procedure Code. The Bundesnetzagentur may also transmit the data to the police enforcement authorities by way of derogation from the second sentence, provided certain facts justify the assumption that knowledge of the data to prevent danger to life, life, health or Freedom of a person or significant property and assets is required. The law enforcement authorities and the law enforcement authorities shall maintain the identification of the data. The basic right of telecommunications secrecy in accordance with Article 10 of the Basic Law shall be restricted in accordance with the provisions of sentences 3 and 4. The transmission in accordance with sentences 3 and 4 shall be subject to judicial consent. Sentence 7 shall not apply if there is a risk of default. The provisions of the law on matters relating to voluntary jurisdiction shall apply mutatily to the procedure provided for in the seventh sentence. The district court in whose district the Federal Network Agency has its registered office is responsible. (10) The persons affected by a measure referred to in paragraph 7 shall be notified at the latest after the conclusion of the interference suppression, insofar as they are known or their Identification without disproportionate further investigation is possible and does not preclude the overriding interests of other persons. Mention should be made of the possibility of recourse to retrospective legal protection and the time limit laid down for this purpose. In the cases referred to in the third sentence of paragraph 9, the notification by the law enforcement authority shall be made in accordance with the provisions of the criminal procedure. In the cases referred to in the fourth sentence of paragraph 9, the notification by the police enforcement authority shall take place in accordance with the rules applicable to those authorities; these shall not contain any provisions concerning notification requirements, the provisions of the (11) The data obtained by means of a measure referred to in paragraph 7 shall be deleted immediately if it is no longer necessary for the identification or maintenance of the disturbance and for the judicial review of the measure. is needed. The deletion is to be informed. To the extent that the deletion is solely for a judicial review, the data shall be blocked. They may only be used for this purpose without the consent of the person concerned; paragraph 9, sentences 3 to 10 shall remain unaffected. (12) Under the conditions set out in paragraph 7, the staff of the Federal Network Agency shall be empowered to provide land, To enter premises and apartments, on or in which, due to actual clues, the cause of disturbing releases is to be suspected. Searches may only be made in writing by the judge, in the event of danger in default, also by the responsible employee of the Federal Network Agency. The measures referred to in sentences 1 and 2 shall only be carried out after prior consultation of the person concerned, unless the measure would be unduly delayed by this. The fundamental right of inviolability of the dwelling referred to in Article 13 of the Basic Law shall be restricted in accordance with the provisions of sentences 1 and 2. Unofficial table of contents

§ 15 obligation to provide information and to participate

(1) Those who place on the market, offer, issue, operate or provide for the transfer of resources, and the notified bodies shall, on request, require the Federal Network Agency to carry out the tasks necessary to carry out its tasks. To provide information and other assistance. The persons responsible under the first sentence may refuse to provide information on such questions, the answers to which they themselves or any of the members of the criminal procedure referred to in § 52 (1) of the Code of Criminal Procedure have the risk of being persecuted for a criminal offence or a procedure (2) The agents of the Federal Network Agency shall be authorised to operate land, operating and business premises, and vehicles, on or in which equipment or equipment within the meaning of the law shall be Test equipment and telecommunication terminal equipment tested, manufactured, offered or for the purpose of placing on the market or being transferred, are issued or operated, enter during business and operating hours, inspect and inspect the equipment, have it carried out for testing and, free of charge, are temporarily taken for inspection and control purposes. The parties responsible for providing information pursuant to paragraph 1 shall tolerate these measures. Unofficial table of contents

§ 16 Forced Money

In order to enforce the orders in accordance with § 14 para. 2 to 6 and 12 as well as § 15 and the orders pursuant to § 6 para. 3, the Federal Network Agency can fix and execute a penalty payment of up to five hundred thousand euros. Unofficial table of contents

§ 17 Fees and charges

(1) The Federal Network Agency charges fees and outlays for the following individual public services:

1.

Measures pursuant to section 14 (1) to (5) against those who have provided equipment in the Federal Republic of Germany on the market of the European Union if a breach of Sections 6 to 9 and Article 12 (2) has been established,

2.

Measures for the detection or disposal of faults in accordance with § 14 (6) and (7) vis-à-vis the operators of operating resources which are culpably contrary to the provisions of the legal regulation which has entered into force in accordance with Article 6 (3) or which are contrary to the provisions of the provisions of Section 6 (1), Article 11 (2) and Article 12 (1) shall be operated,

3.

Decisions concerning the recognition of notified bodies pursuant to § 10 para. 1 sentence 2 and 3 and review measures pursuant to § 10 para. 1 sentence 4; fees and outlays shall also be levied if an application for the acceptance of an individually attributable Public service has been withdrawn at the beginning of the factual processing, but before its completion. This applies accordingly to conformity assessment bodies in accordance with Section 10 (3).

(2) The Federal Ministry for Economic Affairs and Energy is authorized, in agreement with the Federal Ministry of Finance, by means of a regulation which does not require the approval of the Federal Council,

1.

to identify the chargeable facts referred to in paragraph 1 and the amount of fees to be charged for this purpose, while also providing for fixed rates in the form of fees, by time or framework,

2.

to order a certain payment method of the fees; and

3.

determine the details of the administrative burden referred to in the second sentence of paragraph 3.

The fees referred to in paragraph 1 shall be levied in order to cover the administrative burden. For the purpose of determining the administrative burden, the costs, which are attributable to business principles as individual and overhead costs and which are capable of being applied, in particular personnel costs and property costs, as well as calculated costs, shall be based on the costs. (4) The Federal Ministry of Economic Affairs and Energy may transfer the authorisation provided for in paragraph 2 to the Federal Network Agency by means of a regulation which does not require the approval of the Federal Council. A legal regulation of the Federal Network Agency, its amendment and its repeal requires the agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Finance. Unofficial table of contents

Section 18 Pre-procedures

(1) Opposition and action against decisions of the Federal Network Agency do not have suspensive effect. (2) The costs of the preliminary proceedings are governed by Section 146 of the Telecommunications Act. Unofficial table of contents

Section 19 Contribution scheme

(1) Sender operators shall have the costs of repay

1.

in order to ensure the electromagnetic compatibility and, in particular, a disturbance-free radio reception for the purpose of the assignment of tasks pursuant to § 14 (6) sentence 2, insofar as the fee collection according to Article 17 (1) No. 2 has not already been fulfilled,

2.

in the case of measures pursuant to section 14 (1) to (5), insofar as the fee has not already been fulfilled in accordance with Article 17 (1) (1) (1),

(2) The Federal Ministry for Economic Affairs and Energy is authorized, in agreement with the Federal Ministry of Finance, by means of a regulation which does not require the approval of the Federal Council, the circle of To determine the rates of contributions and the procedure for the contribution of the contribution, including the payment method and the payment deadlines. The shares in the total costs referred to in paragraph 1 shall be allocated to the individual user groups as far as possible in relation to the costs. The share of the costs resulting from the general interest shall be taken into account in a contribution reduction. The user groups are derived from the frequency allocation. Within the user groups, the division takes place according to the frequency usage. The Federal Ministry of Economic Affairs and Energy may transfer the authorization pursuant to sentence 1 to the Federal Network Agency by means of a legal regulation, with the guarantee of the agreement of the agreement. A legal regulation according to the sixth sentence, including its repeal, requires the agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Finance.

Section 3
Fines

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Section 20 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

, contrary to the first sentence of Article 6 (1), placing a device on the market, passing on or in operation on a commercial basis,

2.

Contrary to Article 6 (1) sentence 2, a device is placed on the market,

3.

an enforceable order is contrary to a legal regulation pursuant to § 6 para. 3, in so far as the legal regulation refers to this fine law for a certain amount of the facts,

4.

shall not, contrary to the third sentence of Article 7 (3), provide for a technical document or an EC declaration of conformity for a device, or not for at least ten years,

5.

, contrary to Article 8 (2), a marking is applied,

6.

Contrary to § 12 (1) sentence 1, a fixed installation does not operate correctly or

7.

Contrary to Section 12 (1) sentence 3, a technical documentation shall not be available or not available for the prescribed period.

(2) In the cases referred to in paragraph 1 (1), (2), (5) and (6), the administrative offence may be punishable by a fine of up to EUR 50 000 and, in other cases, with a fine of up to ten thousand euros. (3) Equipment for which an administrative offence has been committed. pursuant to paragraph 1 (1), (2) or (5), may be withdrawn. (4) The Federal Network Agency shall be the administrative authority within the meaning of Section 36 (1) No. 1 of the Law on Administrative Offences.

Section 4
Final provisions

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Section 21 Transitional provisions

(1) Devices that are subject to the provisions of the Law on the Electromagnetic Compatibility of Devices of 18 September 1998 (BGBl. 2882), as last amended by Article 279 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), which have been placed on the market or put into service before 20 July 2009, may continue to be distributed or operated. (2) Local installations may continue to operate as long as their location remains unchanged. Amendments must be documented in accordance with § 12 (1) sentences 3 and 4. Unofficial table of contents

Section 22 Repeal and amendments to legislation

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Section 23Recast of the Beleification and Recognition Regulation

The Federal Ministry for Economic Affairs and Energy can make known the text of the Beleification and Recognition Regulation in the version in force from the entry into force of this law in the Federal Law Gazans. Unofficial table of contents

Section 24 Entry into force, external force

This Act shall enter into force on the day following the date of delivery. Unofficial table of contents

Annex 1 Technical documents, EC declaration of conformity

(Fundstelle: BGBl. I 2008, 231; of the individual amendments. Footnote)
1. Technical documents The technical documentation must enable the conformity of the device to be assessed with the essential requirements of § 4 (1). They shall cover the design and manufacture of the equipment, and shall include in particular:

a)

a general description of the device;

b)

proof of conformity of the instrument with the harmonised standards applied;

c)

where the manufacturer has not applied or has only partially applied harmonised standards, a description and explanation of the measures taken to comply with the essential requirements of Article 4 (1); the description shall in particular: the assessment of the electromagnetic compatibility, the results of the design calculations, the tests carried out and the test reports, carried out in accordance with Article 7 (2);

d)

a declaration by the notified body, provided that an evaluation has been carried out in accordance with Section 7 (4).

2. EC declaration of conformity The EC declaration of conformity must contain at least the following information:

a)

a reference to Directive 2004 /108/EEC;

b)

the identification of the device for which it is made, in accordance with Article 9 (1);

c)

the name and address of the manufacturer and, where appropriate, of his authorised representative established within the Community;

d)

the references to the specifications with which the device is in conformity and on the basis of which conformity is declared with the provisions of Directive 2004 /108/EC;

e)

the date of the declaration;

f)

The name and signature of the person entitled to sign the name of the manufacturer or his authorised representative.

Unofficial table of contents

Appendix 2 CE marking

(Fundstelle: BGBl. I 2008, 232)
The CE marking consists of the letters "CE" with the following typeface: In the event of a reduction or enlargement, the proportions must be maintained. The CE marking must be at least 5 mm high. The CE marking shall be affixed to the device or to the nameplate thereof. If this is not possible due to the nature of the device, the CE marking is to be affixed to the packaging or to the accompanying documents. In addition to Directive 2004 /108/EC, a device is also covered by other European directives which: , the CE marking means that the instrument shall also conform to the requirements of these Directives. The manufacturer may, in accordance with one or more of these Directives, be able to comply with the requirements of these Directives. a transitional period which will apply to the existing rules, The CE marking only certifies compliance with the requirements of the directives applied by the manufacturer. In this case, the documents, notices or instructions accompanying the device shall bear the numbers of the Directives applied in accordance with their publication in the Official Journal of the European Union.