Law On The Electromagnetic Compatibility Of Equipment

Original Language Title: Gesetz über die elektromagnetische Verträglichkeit von Betriebsmitteln

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Act on electromagnetic compatibility of equipment (EMVG)

Non-official table of contents

EMVG

Date of issue: 26.02.2008

Full quote:

" Law on electromagnetic compatibility Compatibility of operating equipment of the 26. February 2008 (BGBl. 220), as last amended by Article 461 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Last modified by Art. 461 V v. 31.8.2015 I 1474

See the menu under Notes
*)
This Act is designed to implement Directive 2004 /108/EC of the European Parliament and of the Council of 15 June 2004 on the implementation of Directive 2004 /108/EC. December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89 /336/EEC (OJ L 327, 30.12.1989, p. EU No L 390 p. 24).

footnote

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

Non-Official Table of Contents

Content Summary

Section 1Requirements for Operating Means
§ 1Scope
§ 2Exceptions
§ 3Definitions
§ 4Basic Requirements
§ 5VermutungsImpact
§ 6Placing on the market, commissioning and Operation
§ 7Equipment compliance assessment procedure
§ 8 CE Marking
§ 9Other tags and information
§ 10 Named places
§ 11Special Regulations
§ 12 location fixed
2Market view of the federal network
§ 13 Tasks and responsibilities of the Federal Network Agency
§ 14Powers of the Federal Network Agency
§ 15Arrival and participation obligation
§ 16Forced money
§ 17Charges and offload control
§ 18Pre-Procedure
§ 19Contribution
3BußMoney Provisions
§ 20 Penal rules
4Final Provisions
§ 21 Transitional provisions
§ 22Legislation repeal and changes
§ 23Recast of the Beleification and Recognition Regulation
§ 24Entry into force,
1Technical Documents, EC Declaration of Conformity
Attachment 2CE Marking

Section 1
Operating Means Requirements

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§ 1 Scope

(1) This law applies to all operating equipment that can cause electromagnetic interference or whose operation can be affected by electromagnetic interference.(2) Untouched
1.
the regulations of the Equipment and Product Safety Act,
2.
the legislation governing the placing on the market, the transfer, the exhibition, the commissioning and the operation of operating equipment, and
3.
the railway regulations on the requirements for devices as well as the testing, approval and monitoring of devices to ensure a safe Railway operations.
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§ 2 Exceptions

(1) This law does not apply to:
1.
Operating resources that are collected 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 June 2002 on air transport. 1 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (OJ L 327, 30.4.2002, p. EC No 1), as last amended by Commission Regulation (EC) No 1701/2003 of 24 June 2003. 1 September 2003 (OJ L 327, EU No L 243 p. 5),
3.
means of operation which, because of their physical properties, are
a)
have such a low electromagnetic emission or contribute to such a low degree of electromagnetic emission that a proper operation of radio and Telecommunications equipment and other means of operation are possible,
b)
and which, under the influence of the electromagnetic interference used in their use, is not unacceptable impairment
4.
radios and kits assembled by radio amateurs according to § 2 No. 1 of the Amateur Radio Act , and commercially available equipment, which are converted by radio amateurs for use by radio amateurs,
5.
Operating means exclusively for the purpose of military service. state-of-the-art obligations or their design for use for the purpose of defence, or which are used for the prosecution of criminal offences and administrative offences or for public security purposes.
(2) However,
1.
in the case of sentence 1, number 1, is the same as § § 14 to 19,
2.
in the cases of sentence 1, number 2, 3, and 5 of § 14, paragraphs 6 to 12, and § § 15 to 17, as well as
3.
in Case of sentence 1 (4) of § 14 (6) to (12) and § § 15 to 19.
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§ 3 Definitions

this law
1.
are equipment devices and fixed assets;
2.
is device
a)
a finished product intended for the end user with an independent function or a combination of such products as a functional unit, that can or may cause electromagnetic interference or whose operation may be affected by electromagnetic interference,
b)
A component or an assembly intended to be fitted to a device by the end user and which may cause electromagnetic interference or whose operation will be affected by electromagnetic interference ,
c)
a pre-assembled kit which, after assembly, fulfils an independent function and causes electromagnetic interference ,
d)
means a moving installation in the form of a connection of equipment or other equipment intended for operation at different locations. is;
3.
is a location-fixed installation of a special connection of devices of different types or other devices with the purpose of being permanently attached to a predetermined location;
4.
electromagnetic compatibility is the capability of an operating medium in its electromagnetic environment to work satisfactorily without causing any electromagnetic interference which would be unacceptable to other operating resources available in this environment;
5.
Electromagnetic disturbance, 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
6.
The ability of an operating means to influence an electromagnetic disturbance without impairment of the function is the ability of an operating medium to be used. work;
7.
The electromagnetic environment is the sum of all electromagnetic phenomena that can be detected in a given location;
8.
is the manufacturer of the natural or legal person or entity responsible for the design or manufacture of a device or the person who is responsible for the design or manufacture of a device. issuing a declaration of conformity in its own name or the affixing of its name, trade mark or other distinguishing mark as a manufacturer; manufacturer shall also be responsible for the manufacture of finished products already manufactured a new device, or who modifies, rebuilds or adapts a device;
9.
is placing on the market the first-time provision of a device in the market of 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 in the territory of one of those States; the placing on the market shall be based on: each individual device, irrespective of the time and place of manufacture and whether it has been produced in single or series production; placing on the market is not the setting up and presentation of a device at exhibitions and trade fairs;
10.
is the sender operator who is assigned frequencies for the operation of broadcast devices or radio networks;
11.
are generally accepted rules of technology technical specifications for procedures, facilities and modes of operation, which are suitable for the views of the parties involved. to ensure electromagnetic compatibility, and which have proven themselves in practice;
12.
is a harmonised standard one of a recognised Organisation of standards in the context of the Commission's 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 2001 on the European Parliament and of the Council (c) a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 327, p. EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 22 June 2000, of the European Parliament and of the Council of 22 1 July 1998 (OJ L 327, EC No 18), as defined by 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, so that
1.
shall not reach a level where the proper operation of radio and telecommunications equipment or other means of operation is not possible;
2.
They are sufficiently insensitive to the electromagnetic interference to be expected when the operation is intended to be carried out without unreasonable impairment as intended
(2) In addition to the requirements referred to in paragraph 1, fixed installations must 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. Non-official table of contents

§ 5 Assumption of presumption

If an operating medium agrees with the relevant harmonized standards, it will be refuted Presumes that the equipment complies with the basic requirements of § 4 covered by these 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. Non-official table of contents

§ 6 Placing on the market, commissioning and operation

(1) Operating equipment may only be placed on the market, passed on or in They shall be operated if they comply with the essential requirements of § 4 (1) if they are properly installed and maintained and used in accordance with their intended use. Equipment may only be placed on the market if they have undergone a conformity assessment procedure in accordance with § 7 and the requirements according to § 8 (1) and § 9 are fulfilled.(2) If equipment placed on the market is modified or adapted in such a way as to deteriorate electromagnetic compatibility, they shall be deemed to be new equipment if they are placed on the market again.(3) The Federal Government is empowered to adopt, in a regulation which does not require the consent of the Federal Council, rules for the protection of public telecommunications networks as well as for the protection of transmission and reception sound systems, which are in accordance with Defined frequency spectra are used for security purposes. Non-official table of contents

§ 7 conformity assessment procedures for devices

(1) If devices are placed on the market, compliance with the to the basic requirements laid down in Article 4 (1) in accordance with the procedure laid down in paragraphs 2 and 3.(2) On the basis of an investigation of the relevant phenomena, the manufacturer must assess the electromagnetic compatibility of the instrument in order to determine whether it is in accordance 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 evaluation 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 use as intended.(3) The manufacturer shall draw up the technical documentation in accordance with Appendix 1, which shall demonstrate that the equipment 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 have 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.
neither the manufacturer nor his authorised representative is established in the Community, this obligation falls to the person responsible for placing the equipment on the Community market on the market.In addition to the procedure referred to in paragraphs 2 and 3, the manufacturer or his authorized representative established within the Community may submit 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 to 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. Non-official table of contents

§ 8 CE marking

(1) Devices that comply with the essential requirements of § 4 in the procedure of § 7 , the manufacturer or his authorised representative established within the Community shall bear the CE marking in accordance with Appendix 2.(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 identifiers and information

(1) For identification purposes, each device must have 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) For each device, the name and address of the manufacturer shall be indicated on the device, on its packaging or on the accompanying documents. Where the manufacturer is not established in the Community, the name and address of his authorised representative established in the European Union or the person responsible for placing the equipment on the market in the Community shall also be indicated. is.(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 the equipment is installed, installed, maintained or operated with the equipment. the basic requirements of § 4 (1). In the case of devices for non-commercial users, these data must be written in German.(4) In the case of equipment whose compliance with the essential requirements of § 4 (1) in residential areas is not guaranteed, this restriction of use shall be indicated in a form recognizable prior to the acquisition.(5) Each device shall be accompanied by a instructions for use, with all the information required for the intended use. In the case of devices for non-professional users, this instruction manual must be written in German. Non-official table of contents

§ 10 Named places

(1) A notified body must meet the following requirements:
1.
You must have enough personnel, means, and equipment.
2.
Your staff must be professionally competent and professionally reliable.
3.
It must be done during the execution
4.
Your executives and their technical staff must be independent and independent.
4.
Your executives 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 responsible for the
6.
You must be adequately insured against liability.
The Federal Network Agency may apply for an application to the Recognition 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 shall regularly verify that the notified body continues to meet the requirements set out in the first sentence.(2) The Federal Ministry for Economic Affairs and Energy is authorized to comply with the requirements and the procedure for the recognition and revocation of the recognition by means of a decree law which does not require the approval of the Federal Council. To regulate.(3) In accordance with paragraphs 1 and 2, for conformity assessment bodies for the implementation of conformity assessments in accordance with third country agreements, the following shall apply mutagentily. Non-official table of contents

§ 11 Special regulations

(1) During the development and testing of equipment, the manufacturer has to make arrangements for in order to avoid electromagnetic interference from operating equipment operated by third parties.(2) At trade fairs and exhibitions, manufacturers, their authorised agents or importers may set up and present equipment which does not comply with the provisions of this Act, provided that such equipment is provided with an indication that the said equipment is Operating means may not be placed on the market or put into service only if they are in accordance with the provisions of this law. 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. Non-official table of contents

§ 12 Fixed assets

(1) Local assets must be operated and maintained in such a way that they can be operated with the basic assets. Requirements according to § 4 (1) and (2) sentence 1 agree. 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 be in accordance with 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 that the requirements laid down in § § 4, 7, 8 and 9 (3) to (5) do not meet the requirements. The device must be accompanied by documents that result from
1.
for which fixed asset the device is intended,
2.
under which conditions this fixed installation has electromagnetic compatibility, and
3.
what precautions must be taken when they are installed in this fixed installation to comply with the essential requirements of § 4.

Section 2
Federal Network Agency Market Supervisory Authority

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§ 13 Tasks and responsibilities of the Federal Network

(Bundesnetzagentur) (1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur) executes this law, unless otherwise provided by law.(2) The Federal Network Agency shall, in particular, carry out the following tasks:
1.
Equipment to be placed on the market or placed on the market for compliance with the requirements of § 4 and § § 7 to 9 and, in the event of non-compliance, to arrange for the measures in accordance with § 14;
2.
at trade fairs and exhibitions, and pre-guided devices for compliance examine the requirements of § 11 para. 2 and, in the event of non-compliance, to arrange for the measures pursuant to § 14 (4);
3.
fixed installations for compliance with the requirements of to verify basic requirements and to meet these requirements if there are indications that they do not comply with the essential requirements of § 4;
4.
To clarify electromagnetic incompatibilities, including radio interference, and to arrange remedial action in collaboration with the participants;
5.
Single tasks under Directive 2004 /108/EC, other EC directives and agreements with third countries in relation to electromagnetic compatibility with the Commission of European Communities and the Member States of the European Union and the other States Parties to the Agreement on the European Economic Area;
6.
in the field of technical standardization for the electromagnetic compatibility of resources in national and international standardization bodies, and in this regard for others
7.
to perform the recognition and supervision of notified bodies in accordance with § 10;
8.
to complete the regulation in accordance with § 6 paragraph 3.
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§ 14 Powers of the Federal Network

(Bundesnetzagentur) (1) The Federal Network Agency is empowered to comply with
1.
Equipment placed on the market or placed on the market by sample check the requirements of § 4 and § § 7 to 9,
2.
devices to be placed on the market or placed on the market in accordance with the law on radio equipment and To test telecommunications terminal equipment at random on compliance with the requirements laid down there,
3.
at trade fairs and exhibitions, and to verify the compliance with the requirements of § 13 there, as well as equipment in accordance with the law on radio equipment and telecommunications terminal equipment, to comply with the requirements of § 13 (2),
4.
for fixed installations if there is any evidence to the contrary, proof of compliance with the essential requirements to require a check of the facilities and the fulfilment of the essential requirements.
(2) The Federal Network Agency shall establish that a device for which the CE marking in accordance with this Act or the Law on radio equipment and telecommunications terminal equipment shall not be marked with the CE marking, it shall take all measures necessary to restrict, prevent or reverse the placing on the market or the transmission of the equipment concerned or to reduce its free use of the CE marking; To restrict trade in goods. These measures may be directed against anyone who places or continues to place the device on the market.(3) If the Federal Network Agency finds that a device with CE marking does not comply with the requirements to be tested in accordance with paragraph 1 (1) or (2), it shall issue the necessary arrangements to remedy this defect and to ensure that there is a further breach of the requirements of the Directive. to prevent. 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 the importer, the measures referred to in the second sentence shall also be directed against any person who passes on the equipment.(4) If, in the case referred to in paragraph 1 (3), the Federal Network Agency finds that a device does not meet the requirements referred to in that paragraph, it shall adopt the necessary arrangements to remedy this deficiency. If the defect is not remedied, the Federal Network Agency shall initiate the decommissioning of the device.(5) Where the Bundesnetzagentur (Bundesnetzagentur) finds that a marking is affixed to a device, its packaging, the instructions for use or the guarantee note, the meaning or figure of which is confused with the meaning or form of the CE marking , it shall take all the measures necessary to restrict, prevent or restrict the free movement of the equipment concerned on the market or on the commercial transmission of the equipment concerned. These measures may be directed against anyone who places or continues to place the device on the market.(6) The Federal Network Agency shall have the power to take the necessary measures to clarify electromagnetic incompatibilities. It can
1.
for the protection of reception or broadcast devices and facilities used for security purposes, and the associated radio services,
2.
to protect public telecommunication networks,
3.
to protect the body or life of a person or Causes of significant value or
4.
for protection against the effects of operating resources that do not comply with the provisions of this Act or any other laws with a view to electromagnetic compatibility,
impose special measures on the operation of resources at a specific location, or take all necessary measures to ensure that operating resources are operated in a given location; prevent. It may direct its actions to the operator or to the owner of an operating agent or to both. If the conditions of intervention in the case of electromagnetic incompatibilities are not met in accordance with the second sentence, the Federal Network Agency shall have the power 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 shall lay down the generally accepted rules of technology and may, in particular, draw up applicable technical standards.(7) If there is an electromagnetic disturbance
1.
is a danger to a person's body 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 reception or transmission device used for security purposes
and if the cause of the failure is not determined by any other means, the staff of the Federal Network Agency shall be empowered to take note of the content and to the more detailed circumstances of telecommunications; the record of the content is inadmissible. The basic right of telecommunications secrecy in accordance with 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 is actual evidence of the assumption that the interview 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 their obtaining and deletion is to be informed.(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 seat, is responsible.(10) The persons concerned 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 is possible without disproportionate further investigation and not the overriding interests of other persons are contrary to the protection of the law. 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 shall be notified by the law enforcement authority 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 To apply the right of criminal procedure accordingly.(11) The data obtained by means of a measure referred to in paragraph 7 shall be deleted immediately if it is no longer required for the identification or maintenance of the disturbance and for a judicial review of the measure. 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, sentence 3 to 10, shall remain unaffected.(12) In the circumstances referred to in paragraph 7, the staff of the Federal Network Agency shall be entitled to enter land, premises and dwellings, on or in which, on the basis of actual evidence, the cause of disruptive outings shall be made. is presume. Searches may only be made in writing by the judge, in the event of danger in default, also by the responsible staff member 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. Non-official table of contents

§ 15 Disclosure and obligation to participate

(1) Those who place on the market the means of transport, issue, , and the notified bodies shall, on request, provide the Federal Network Agency with the information necessary for the performance of its tasks and provide other assistance. The persons responsible under the first sentence may refuse to provide information on such questions, the answers to which they themselves or a person designated in § 52 (1) of the Code of Criminal Procedure the risk of prosecution for a criminal offence or a procedure in accordance with the law on administrative offences.(2) The agents of the Federal Network Agency shall be authorised to examine operating land, operating and business premises and vehicles, on or in which operating equipment or equipment as defined in the Act on radio equipment and telecommunications terminal equipment shall be examined, , whether manufactured, offered or stored for the purpose of placing on the market or being passed on, are issued or operated, enter during business and operating hours, inspect and inspect the equipment, and have it carried out for inspection and, temporarily, for inspection and control purposes. The parties responsible for providing information pursuant to paragraph 1 shall tolerate these measures. Non-official table of contents

§ 16 Forced money

To enforce the orders pursuant to § 14 (2) to (6) and (12) and § 15 and the orders on the basis of the Ordinance pursuant to § 6 para. 3, the Federal Network Agency may fix and execute a penalty payment of up to five hundred thousand euros. Non-official table of contents

§ 17 Charges and charges for charges and charges

(1) The Federal Network Agency charges the following individually attributable public services Fees and costs:
1.
Measures pursuant to § 14 (1) to (5) against the person who Equipment in the Federal Republic of Germany provided on the market of the European Union if a breach of Sections 6 to 9 and Section 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 requirements of § 6 paragraph 3. or which are operated in accordance with the provisions of § 6 (1), § 11 (2) and § 12 (1),
3.
Decisions concerning the Recognition of notified bodies pursuant to § 10 (1) sentence 2 and 3 and review measures pursuant to § 10 (1) sentence 4; fees and charges shall also be levied if an application for the acceptance of an individually attributable public service in accordance with Article 10 (1) sentence 4 the start of the factual processing, but withdrawn before the end of the factual processing. This applies to conformity assessment bodies according to § 10 para. 3 accordingly.
(2) The Federal Ministry for Economic Affairs and Energy is authorized, in agreement with the Federal Ministry of Finance, by means of a legal regulation which does not include the Approval of the Federal Council requires,
1.
The chargeable facts as referred to in paragraph 1 as well as the amount determine the fees to be charged for this purpose and, in so doing, also provide fixed rates in the form of fees by time or framework,
2.
a specific To order the payment of fees and
3.
to determine the details of the administrative burden referred to in the second sentence of paragraph 3.
(3) The fees referred to in paragraph 1 are levied to cover the administrative burden. In order to determine 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 personal and material costs as well as calculated costs, shall be based on the costs.(4) The Federal Ministry for Economic Affairs and Energy may transfer the authorisation provided for in paragraph 2 by means of a regulation which does not require the consent of the Federal Council to the Federal Network Agency in order to ensure that the agreement is to be adopted. 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. Non-official table of contents

§ 18 Preprocedures

(1) The appeal against decisions of the Federal Network Agency does not have a suspensive effect, and the action is not taken up by the Federal Network Agency.(2) The costs of the preliminary proceedings shall be governed by Section 146 of the Telecommunications Act. Non-official table of contents

§ 19 Contribution rules

(1) Sender operators have to pay the costs
1.
for ensuring electromagnetic compatibility and, in particular, interference-free Radio reception for the assignment of duties in accordance with § 14 (6) sentence 2, insofar as the fee has not already been fulfilled in accordance with § 17 (1) no. 2,
2.
for measures pursuant to § 14 Section 1 to 5, unless the fee has already been fulfilled in accordance with Section 17 (1) No. 1,
to pay an annual fee.(2) The Federal Ministry for Economic Affairs and Energy is authorized, in agreement with the Federal Ministry of Finance, by decree law which does not require the approval of the Bundesrat, the circle of contributors, the contribution rates and determine the recovery procedure, 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 arising 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 of the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Finance.

Section 3
Fines rules

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§ 20 Penal rules

(1) Contrary to the law, who is intentional or negligent
1.
contrary to § 6 para. 1 sentence 1, placing a device on the market, continuing on a commercial basis, or taking it into service,
2.
contrary to § 6 para. 1 sentence 2, a device is placed on the market,
3.
a fully-drawable arrangement based on a Pursuant to Section 6 (3), in so far as the legal regulation refers to this fine law for a certain amount of the facts,
4.
contrary to § 7 (3) Sentence 3 does not contain a technical document or an EC declaration of conformity for a device or not for at least ten years,
5.
contrary to § 8 (2), a Marking,
6.
contrary to § 12 (1) sentence 1, a fixed asset does not operate correctly or
7.
contrary to § 12 para. 1 sentence 3, a technical documentation is not available or not available for the prescribed duration.
(2) The administrative offence may be found in the cases referred to in paragraph 1 No. 1, 2, 5 and 6, with a fine of up to fifty thousand euros, and in the other cases punishable by a fine of up to ten thousand euros.(3) Devices to which an administrative offence referred to in paragraph 1 (1), (2) or (5) is concerned may be recovered.(4) Administrative authority within the meaning of Section 36 (1) No. 1 of the Law on Administrative Offences is the Federal Network Agency.

Section 4
Final Provisions

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§ 21 Transitional Provisions

(1) Devices which 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), and before the 20. They may be sold or put into service in July 2009, and may continue to be sold 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

§ 22 repeal and changes to legislation

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§ 23 Recast of the Beleification and Recognition Regulation

The Federal Ministry of Economics and Energy can read the text of the Beleihungs-und Recognition regulation in the version in force of the entry into force of this law in the Federal Law Gazans. Non-official table of contents

§ 24 Entry into force, override

This law enters into force on the day after the announcement. Non-official table of contents

Appendix 1 Technical documents, EC declaration of conformity

(Fundstelle: BGBl. I 2008, 231; of the individual amendments, cf. Footnote)
1. Technical documentation It must be possible to assess the conformity of the device with the essential requirements of § 4 (1). They must extend to the design and manufacture of the device and include, in particular, the following:
a)
a general description of the device;
b)
a proof of the conformity of the device with the harmonised standards applied;
c)
if the manufacturer has not applied or has only partially applied harmonised standards, a description and explanation of the conformity with the basic requirements of § 4 (1); the description must in particular the assessment of the electromagnetic compatibility carried out in accordance with section 7 (2), the results of the design calculations, the tests carried out and the audit reports;
d)
a statement from 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)
Reference to Directive 2004 /108/EG;
b)
the identification of the device for which it will be delivered, in accordance with § 9 paragraph 1;
c)
The name and address of the manufacturer and, where applicable, his authorized representative established in the Community;
d)
the references of the specifications with which the device matches and on the basis of which compliance is explained with the provisions of Directive 2004 /108/EC;
e)
Date of explanation;
f)
Name and signature of the for the manufacturer or his authorized representative Person authorized to sign.
unofficial table of contents

Appendix 2 CE marking

(find site: BGBl. I 2008, 232)
The CE marking consists of the letters "CE" with the following typeface:In case of a reduction or magnification, the proportions must be shall be preserved. 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 must be affixed to the packaging or to the accompanying documents. In addition to Directive 2004 /108/EC, a device shall also be 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. of a transitional period which the existing rules apply, 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.