Law on the placing on the market and the provision of measuring instruments on the market, their use and calibration as well as pre-packed packaging (measuring and calibration law-MessEG)

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MessEG

Date of completion: 25.07.2013

Full quote:

" Measurement and Verification Act of 25 July 2013 (BGBl. 2722, 2723), as defined in Article 293 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:

Amended by Art. 293 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2015 + + +) 
(+ + + For application cf.  § § 13, 29, 54, 56, 58 and  59 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 25.7.2013 I 2722. It occurs gem. The first sentence of Article 27 (1) of this G is in force on 1 January 2015. § § 4, 11 to 22, 30, 41, 46 and 53 (3) are in accordance with. Art. 27 (2) of this G in force on 1 August 2013. Section 59 (3) is in accordance with Art. 27 (3) sentence 1 in force on 1 September 2014. Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Scope of the law
§ 2	General definitions
§ 3	Measuring instrument-specific definitions
§ 4	Regulation
§ 5	Application of the rules on measuring instruments and products

Section 2placing on the market of measuring instruments and their provision on the market Subsection 1Conditions for placing on the market

§ 6	Placing on the market
§ 7	Presumption
§ 8	Declaration of Conformity
§ 9	Placing on the market of other measuring instruments
§ 10	Special provisions for exhibition equipment

Subsection 2Recognition and notification
of conformity assessment bodies

§ 11	Tasks of the acknowledgment body and the accreditation body
§ 12	Powers of the recognition body
§ 13	Recognition of conformity assessment bodies
§ 14	Conformity assessment bodies to authorities
§ 15	Requirements for the conformity assessment body
§ 16	Presumption of the competence of the conformity assessment body
§ 17	Notification of the conformity assessment body
§ 18	Allocation of identification numbers
§ 19	Obligations of the recognised conformity assessment body
§ 20	Reporting requirements of the recognised conformity assessment body
Section 21	Branch undertakings of a recognised conformity assessment body and subcontracting
Section 22	Revocation of recognition

Subsection 3Duties of economic operators

Section 23	Obligations of the manufacturer
§ 24	Obligations of the Plenipotentiary
Section 25	Obligations of the importer
Section 26	Obligations of the trader

Subsection 4placing on the market and
Commissioning in special cases

§ 27	EC type approval and EC confirmations
§ 28	Measuring instruments which have been lawfully marketed abroad
§ 29	Duties of the economic operators in the cases of § § 27 and 28

Subsection 5Regulation empowerment

§ 30	Authorisation

Section 3Use of measuring instruments and measurement values, calibration of measuring instruments Subsection 1Use of
Measuring instruments and measured values

Section 31	Requirements for the use of measuring instruments
Section 32	Notification duty
§ 33	Requirements for using measurement values
Section 34	Presumption
§ 35	Exceptions for closed land use
§ 36	Exemptions for certain uses

Subsection 2Oak and Befundprüfung

Section 37	Calibration and calibration period
§ 38	Late Eichungen
§ 39	Assessment
§ 40	Competent authorities for calibration

Subsection 3Regulation empowerment

Section 41

Authorisation

Section 4ready-to-use packages and
other sales units

§ 42	Definitions of pre-packed packaging and other sales units
Section 43	Pre-pack requirements
Section 44	Regulation authorisations for prepackages and other sales units

Section 5Tasks of the
Physikalisch-Technische Bundesanstalt,
Regulatory Committee, Repatriation

§ 45	Tasks of the Physikalisch-Technische Bundesanstalt
Section 46	Rules Determination Committee
§ 47	Metrological Return

Section 6Metrological Monitoring Subsection 1Market Surveillance

§ 48	Responsibility for market surveillance and cooperation
§ 49	Market surveillance concept
§ 50	Market surveillance measures
Section 51	Addressees of market surveillance measures
Section 52	The rights of the market, the obligation to participate in the market and the duty to exercise duties
Section 53	Reporting procedures, Regulation empowerment

Subsection 2Monitoring of use
of measuring instruments and measured values

§ 54	Principles of use monitoring
§ 55	Measures of use monitoring
§ 56	Rights of custody, co-action and duty to exercise duty in the monitoring of use

Subsection 3Supervision of
state-approved test centres

Section 57	Competence and measures in the context of supervision of state-approved test centres
Section 58	Subject rights, co-action and duty to exercise duties in the supervision of state-approved test sites

Section 7Fees
and fine rules

§ 59	Fees and expenses of the national authorities, regulation empowerment
§ 60	Fines
Section 61	Recovery

Section 8Transition and final provisions

Section 62	Transitional provisions

Section 1
General provisions

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§ 1 Scope of the Act

This Act shall apply to:

1.

measuring instruments and other measuring instruments, in so far as they are covered by a legal regulation pursuant to Article 4 (1) or (2);

2.

Sub-devices, to the extent that they are determined in accordance with Article 4 (3) of a legal regulation,

3.

Additional equipment for measuring instruments, in so far as these are not excluded from the scope of this law by means of a legal regulation pursuant to § 4 (4),

4.

measured values obtained by means of the measuring instruments referred to in point 1;

5.

Pre-packaged items and other sales units.

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§ 2 General definitions

The following definitions shall apply within the meaning of this Act and of the laws of law adopted on its basis:

1.

The provision on the market shall be any supply of a product for distribution, consumption or use on the market of the European Union in the course of a business activity, whether in return for payment or free of charge,

2.

The authorised representative shall be any natural or legal person established in the European Union who has been instructed in writing by a manufacturer to carry out certain tasks on his behalf,

3.

The importer shall be any natural or legal person established in the European Union who places a product on the market of the European Union from a third country,

4.

Dealers are any natural or legal person in the supply chain who provides a product on the market, with the exception of the manufacturer or the importer,

5.

harmonized standard is a standard

a)

within the meaning of Article 2 (1) (c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 June 2012, European standardisation, amending Council Directives 89 /686/EEC and 93 /15/EEC and Directives 94 /9/EC, 94 /25/EC, 95 /16/EC, 97 /23/EC, 2004 /22/EC, 2007 /23/EC, 2009 /23/EC and 2009 /105/EC of the European Parliament and of the Council Directive and repealing Council Decision 87 /95/EEC and Decision No 1673 /2006/EC of the European Parliament and of the Council (OJ L 136, 31.5.2002, p. OJ L 316, 14.11.2012, p.12) and

b)

whose reference has been published in the Official Journal of the European Union,

6.

Manufacturer shall be any natural or legal person who makes a product or which develops or manufactures a product and which markets this product under its own name or trademark, or in operation for its own purposes; a manufacturer of a measuring instrument shall be treated as a manufacturer of a measuring instrument located on the market in such a way that conformity with the essential requirements of Article 6 (2) may be affected,

7.

The placing on the market of a product on the market of the European Union for the first time is equivalent to a measuring instrument made available for the first time in a measuring instrument designed to modify its characteristics the original metrological characteristics, its original use or its original design have been so significantly altered that a calibration in accordance with § 37 for the comprehensive evaluation of the measuring instrument is not sufficient (renewed measuring instrument),

8.

The market surveillance authority shall be any authority responsible for carrying out the market surveillance in accordance with Article 48 (1),

9.

normative document is a document with technical specifications drawn up by the International Organisation for the Legal Metrology and whose reference has been published in the Official Journal of the European Union,

10.

Product is a measuring instrument, another measuring instrument, a pre-filled package or another sales unit,

11.

the technical specification shall be a document within the meaning of Article 2 (4) of Regulation (EU) No 1025/2012,

12.

Economic operators are producers, importer, trader and authorised representative.

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§ 3 Measuring instrument-specific definitions

The following definitions shall also apply within the meaning of this Act and the laws of the law which have been adopted on its basis:

1.

the body which has the authority to carry out certain conformity assessment activities shall be the body which allows a conformity assessment body to carry out certain conformity assessment activities,

2.

the design of a measuring instrument shall be the final execution of an instance of the type of measuring instrument concerned;

3.

EC type approval is the approval of measuring instruments for the initial calibration of the EC,

4.

EC initial verification shall be the examination and confirmation of the conformity of a new or renewed measuring instrument with the approved design or the provisions of Directive 2009 /34/EC of the European Parliament and of the Council of 23 April 2009 concerning: common rules on measuring instruments and methods of measurement and testing (OJ L 327, 22.7.2000, 7) or the Specific Directives based on this Directive,

5.

Calibration shall be the examination, assessment and marking of a measuring instrument associated with the permit, the testing, marking and marking of a measuring instrument, within the scope of the intended use and under the appropriate conditions, on the official or official request. to use conditions of use for a further calibration period,

6.

the margin of error is the deviation of the measurement results of the measuring instrument from the true measurement result when placed on the market and in the calibration of a measuring instrument;

7.

The entry into service of a measuring instrument shall be the first-time use of a measuring instrument intended for the end user for the intended purpose,

8.

Conformity assessment is the procedure for evaluating whether specific requirements have been met for a measuring instrument,

9.

The conformity assessment body shall be a body carrying out conformity assessment activities, including calibrations, tests, certifications and inspections,

10.

Declaration of conformity is the declaration by the manufacturer that a measuring instrument has been proven to meet the legal requirements,

11.

Dimensions are devices which are subject to the concept of the measuring instrument and with which, during their use, one or more known values of a given size are permanently reproduced or made available,

12.

Measurement resistance is the property of a measuring instrument, during the entire useful life measurement accuracy to be guaranteed and the measurement results, as far as these are stored in the measuring instrument, to be preserved unchanged,

13.

Measuring instruments are all equipment or systems of devices with a measuring function, including measures of measurement, which are intended for use in the commercial or official transport or for carrying out measurements in the public interest,

14.

Any other measuring instrument shall be any instrument or system of equipment with a measuring function which is not intended for use in commercial or official transport or for carrying out measurements in the public interest;

15.

Measured quantity is the physical quantity to be determined by a measurement,

16.

Measurement accuracy is the property of a measuring instrument, to determine correct measurement results when used in accordance with the intended use,

17.

non-non-return-free interface is a possibility to connect to a measuring instrument, by means of which measured values of a measuring instrument can be falsified or functions can be triggered, which falsifies a measured value,

18.

Notification shall be the notification of the recognition body to the European Commission and the other Member States of the European Union that a conformity assessment body shall carry out conformity assessment tasks for measuring instruments to which: European Union legislation requiring such a communication is applicable,

19.

Verifiability is the property of a measuring instrument, to be able to verify that the essential requirements of § 6 (2) are available; the test ability also includes the presentation of the measurement results,

20.

The subunit shall be a structural unit, referred to in Article 4 (3), which operates independently and, together with the following equipment, constitutes a measuring instrument:

a)

with other sub-devices with which it is compatible, or

b)

with a measuring instrument with which it is compatible,

21.

Traffic error limit is the permissible deviation of the measurement results of the measuring instrument from the true measurement result when using a measuring instrument,

22.

Use of a measuring instrument is the required operation or holding of a measuring instrument for the determination of measured values

a)

in commercial or official transport, or

b)

in the case of measurements of public interest;

A measuring instrument shall be kept ready if it can be put into service without special preparation for the said purposes and if it is to be expected to operate for these purposes according to the circumstances,

23.

Use of measurement values is the required use of measurement results of a measuring instrument

a)

in commercial or official transport, or

b)

in the case of measurements of public interest;

24.

Additional equipment for a measuring instrument is a device connected to a measuring instrument, which is not necessary for the functional capability of the measuring instrument and is intended for one of the following purposes:

a)

for the determination of additional measured variables,

b)

for the first-time storage or presentation of measurement results for the purpose of using measured values or data on the electronic control of the measuring instrument,

c)

for the management of services,

d)

for the determination of the price to be paid for a purchase or service in the presence of the parties concerned (direct sale),

e)

for the processing of measurement results for the purpose of transmission to additional equipment as referred to in points (a) to (d), or

f)

for connection to a non-return-free interface of the measuring instrument.

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Section 4 Regulation

(1) The Federal Government is empowered to guarantee the accuracy and measurement stability

1.

the purchase of measurable goods or services for the protection of consumers,

2.

for the protection of fair trade, as well as

3.

in official transport and in the case of measurements in the public interest;

by means of a legal regulation with the consent of the Federal Council, to determine those measuring instruments which are covered by the scope of this law. The Federal Government may also determine the terms "official traffic" and "measurements in the public interest" as set out in the first sentence of the first sentence of paragraph 3. Legal regulations according to the first sentence may also be adopted for the implementation of legal acts of the European Union. (2) The Federal Government is empowered to implement acts of the European Union by means of a legal regulation with the consent of the (3) The Federal Government is also empowered to determine, by means of a regulation with the consent of the Federal Council, sub-devices, to the extent that this is compatible with the purposes set out in the first sentence of paragraph 1. Legal regulations according to the first sentence may also be adopted for the implementation of legal acts of the European Union. (4) The Federal Government is also empowered to determine, by means of a regulation with the consent of the Federal Council, that individual Additional equipment for measuring instruments shall be excluded in whole or in part from the application of the law, in so far as it is compatible with the purposes set out in the first sentence of paragraph 1. Unofficial table of contents

§ 5 Application of the provisions relating to measuring instruments and products

If the following sections apply regulations for measuring instruments or products, they shall be applied in the same way to:

1.

Supplementary equipment for measuring instruments,

2.

Subdevices.

Section 2
The placing on the market of measuring instruments and their availability

Subsection 1
Conditions for placing on the market

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§ 6 Marketing of measuring instruments

(1) Subject to sub-section 4, measuring instruments may only be placed on the market if the conditions set out in paragraphs 2 to 5 are met. (2) Measuring instruments must meet the essential requirements; this includes compliance with the requirements of of the error limits. Essential requirements within the meaning of the first sentence shall be those requirements,

1.

laid down in the legal regulation pursuant to Section 30 (1), or

2.

in order to comply with the state of the art in order to ensure correct measurement results and measurements, provided that no detailed provisions are made in the legal regulation pursuant to Section 30 (1).

(3) In order to demonstrate that a measuring instrument meets the essential requirements referred to in paragraph 2, a conformity assessment as defined in a regulation pursuant to Article 30 (3) must have been successfully carried out and a Declaration of conformity. The declaration of conformity must comply with the requirements of the legal regulation in accordance with Section 30 (3). (4) The conformity of a measuring instrument must be confirmed by the registration number determined in a legal regulation pursuant to § 30 number 4. (5) The measuring instrument shall be accompanied by the inscriptions referred to in Article 30 (4) of the Regulation for the purpose of determining the device and the manufacturer or the importer in a more detailed way. Unofficial table of contents

§ 7 Assumption of presumption

(1) A measuring instrument shall be used

1.

a harmonised standard,

2.

a normative document, to the extent that the document has been declared to be applicable in whole or in part by the European Commission, or

3.

a technical specification or rule as determined by the committee pursuant to § 46, the site of which has been disclosed by the Physikalisch-Technische Bundesanstalt in the Federal Gazette,

it shall be presumed that the measuring instrument meets the essential requirements of Article 6 (2), in so far as it is covered by the harmonised standards, normative documents, technical specifications or rules referred to in points 1 to 3 . The first sentence shall also apply to parts of the harmonised standard, the normative document, the technical specification or the rule within the meaning of the first sentence of sentence 1 to 3. (2) If the market surveillance authority considers that a harmonised standard or a normative document does not correspond to the essential requirements of § 6 (2), which are covered by it or it does not comply with it, it shall inform the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) on the basis of the reasons. The Physikalisch-Technische Bundesanstalt will review the notifications received for completeness and consistency; it shall participate in the Committee in accordance with § 46 and shall forward the reports to the European Commission. Unofficial table of contents

§ 8 Declaration of Conformity

(1) A measuring instrument is subject to a number of European Union legislation, each of which requires a declaration of conformity, only a declaration of conformity is issued for all the legislation of the European Union. The declaration shall indicate the legislation concerned together with its reference in the Official Journal of the European Union. (2) A measuring instrument shall be subject to several other pieces of legislation requiring a declaration of conformity in each case , only one declaration of conformity is issued for all other legislation. In the declaration, the relevant legislation must be stated with the reference in the Bundesgesetzblatt (Federal Law Gazans). Unofficial table of contents

§ 9 Placing on the market of other measuring instruments

Other measuring instruments may only be placed on the market if they are marked with the marks and inscriptions specified in a legal regulation pursuant to Section 30 (4). Unofficial table of contents

§ 10 Special provisions for exhibition equipment

Measuring instruments which do not comply with the provisions of this law may only be issued at trade fairs, exhibitions and presentations if a visible sign clearly indicates that they are only in circulation for the purpose of this law may be brought or put into service if they comply with the provisions of this Act.

Subsection 2
Recognition and notification of conformity assessment bodies

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Section 11 Tasks of the acknowledgment body and the accreditation body

(1) The tasks of the recognition agency are the responsibility of the Federal Ministry for Economic Affairs and Energy. It may delegate these tasks to a subordinate authority. The transfer is to be published in the Federal Gazette (Bundesanzeiger). (2) The discerning body is responsible.

1.

for the establishment and implementation of the necessary procedures for the recognition of conformity assessment bodies in accordance with Article 13 (1),

2.

for the notification of conformity assessment bodies; the notifying body shall notify any subsequent amendment of the recognition pursuant to section 13 (1) or of the scope of the activities communicated to it in accordance with Article 14 (2) or (3); for the notification and the notification of changes, it shall use the electronic notification instrument provided by the European Commission,

3.

for the allocation of identification numbers to conformity assessment bodies not notified in accordance with point 2, and

4.

for the establishment of the procedures necessary for the monitoring of recognised conformity assessment bodies.

(3) The body responsible for the assessment and monitoring of conformity assessment bodies in accordance with § 13 (1) or § 13 (5) sentence 2 is responsible for the accreditation according to the Accreditation Body Act (accreditation body). The certification body shall be responsible for the monitoring of conformity assessment bodies in accordance with Section 13 (5) sentence 1. The Accreditation Body and the Accreditation Body shall, in each of their areas of competence, take the necessary measures to remedy any shortcomings identified or to prevent future infringements. (4) The recognition body shall transmit the information accessible to it

1.

the accreditation body, in so far as it needs them for the performance of their duties,

2.

the competent market surveillance authority, in so far as it needs them for the performance of their duties; this shall be done on request, and

3.

the market surveillance authorities of the other Member States of the European Union, in so far as they are information relating to conformity assessment bodies which are notified.

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Section 12 Powers of the recognition body

The applicant body may, from the conformity assessment bodies which it has recognised in order to carry out certain conformity assessment activities, the information necessary for the performance of its monitoring tasks and other information They may ask for support; they may take the necessary arrangements. The recognised body and the persons appointed by it shall be empowered to enter and visit premises and premises, as well as test laboratories, at the operating and business hours, in so far as they are to fulfil their obligations under the law. Monitoring tasks are required. The discerning body shall, in particular, be entitled to require that it be presented with the documents which are based on the assessment of conformity. (2) The parties to the information shall have the right to submit the measures referred to in paragraph 1. They may refuse to provide information on questions provided that they themselves or one of the members of the civil procedure referred to in Article 383 (1) (1) (1) to (3) of the Code of Civil Procedure, or of a procedure in accordance with the Law on Administrative Offences would suspend. The parties responsible for providing information shall be informed of their right to refuse to provide information. Unofficial table of contents

Section 13 Recognition of conformity assessment bodies

(1) A conformity assessment body which wishes to assess the conformity of measuring instruments with the essential requirements shall require recognition (recognised conformity assessment body). The recognition shall be given by the recognition agency for certain activities where:

1.

the conformity assessment body so requests and

2.

it is accredited for the activities.

The recognition may be granted under further conditions and may be subject to conditions. It may be granted on a temporary basis and subject to the reservation of withdrawal and subsequent conditions. (2) The conformity assessment body shall submit to the application referred to in the second sentence of paragraph 1, point 1, the following:

1.

a description of the conformity assessment activities and the types of measuring equipment for which they are subject to competence, and

2.

an accreditation certificate in the original or a copy issued by a national accreditation body and in which the accreditation body certifies that the conformity assessment body complies with the requirements of section 15.

(3) The procedure referred to in paragraph 1 may be replaced by a single body within the meaning of Article 6 of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 327, 30.12.2006, p. OJ L 376, 27.12.2006, p. 36). The examination of the application for recognition must be completed within three months; this period shall begin as soon as all the documents required for the decision are available to the body. Article 42a, paragraph 2, sentences 2 to 4 of the Administrative Procedure Act shall apply. (4) The bodies set up by the European Commission and the other Member States of the European Union on the basis of European harmonisation legislation of a The Member State of the European Union or any other State Party to the Agreement on the European Economic Area, which has been notified by Switzerland or Turkey, shall be subject to the notified body of a recognised Conformity assessment body equal to. (5) Recognition of conformity assessment bodies from a other Member States of the European Union or any other State Party to the Agreement on the European Economic Area shall have the same recognition as referred to in paragraph 1, if they are equivalent to them. For the purposes of accreditation, evidence from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area shall be equivalent to national references in the event that they show that the Applicant

1.

the relevant requirements of § 15, or

2.

meets the substantially comparable requirements of the issuing State on the basis of its objectives.

The applicant shall submit the recognition after the first sentence or the evidence referred to in the second sentence to the applicant in the original or in the copy of the application when the application is lodged. The creditor may request a certification of the copy and a certified German translation. Unofficial table of contents

Section 14 conformity assessment bodies in the case of public authorities

In order to assess whether measuring instruments are in conformity with the essential requirements, conformity assessment bodies may also act, either in accordance with paragraph 2 of a metrological monitoring authority or in accordance with paragraph 3 of Physical-Technical Federal Institute, provided that the necessary competence to carry out conformity assessments is proven in compliance with § 15 (2) to (7) and (9). Corresponding proofs are to be carried out according to the recognized rules of technology. The work of conformity assessment must be clearly organised separately from the other tasks of the Authority. The regulations of § § 19 to 21 shall be applied accordingly. (2) Conformity assessment bodies affiliated to an authority operating in the metrological control shall be allowed to comply with the requirements of the competent national competent authority. In accordance with Section 17 (2) and section 18 (2), the notified body shall act in accordance with the provisions of Section 17 (2). The supreme state authority shall send the notified body the documents required for the verification of the competence referred to in the second sentence of paragraph 1 and shall ensure that the conformity assessment body complies with the obligations laid down by the competent authority. It shall inform the applicant immediately if the competence of the conformity assessment body is no longer given. (3) Conformity assessment bodies affiliated to the Physikalisch-Technische Bundesanstalt may not be required to provide the certificate. Act by the President of the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) of the recognizing body and the Federal Ministry of Economic Affairs and Energy to act in accordance with § 17 (2) and § 18 (2). The President of the Physikalisch-Technische Bundesanstalt shall transmit the documents required for the verification pursuant to the second sentence of paragraph 1 to the identifying body and the Federal Ministry for Economic Affairs and Energy. The Federal Ministry for Economic Affairs and Energy shall ensure that the conformity assessment body fulfils the obligations of the Federal Ministry for Economic Affairs and Energy. The President of the Physikalisch-Technische Bundesanstalt shall immediately inform the notifying body if the competence of the conformity assessment body is no longer given. (4) The conformity assessment bodies as referred to in paragraph 1 shall waive the decision. subject to the second sentence, to the carrying out of conformity assessments, in so far as there is sufficient competition for conformity assessments and where there are no specific reasons for the conformity assessment to be carried out by the Make conformity assessment. The conformity assessment of the type of measuring instruments used for the measurement of the dose of ionizing radiation and which are referred to in a regulation pursuant to § 4 (1) is the sole responsibility of the Physikalisch-Technische Bundesanstalt. The Physikalisch-Technische Bundesanstalt has to carry out, on request, conformity assessments for measuring instruments within the limits of their technical and human resources, subject to the provisions of the first sentence. Unofficial table of contents

Section 15 Requirements for the conformity assessment body

(1) The conformity assessment body must have legal personality. (2) The conformity assessment body must be an independent third party who does not use the equipment or the measuring instrument which he or she intends to assess in any case. Connection. The requirement set out in the first sentence may also be fulfilled by a conformity assessment body which is a member of an industry association or association and wishes to assess the measuring instruments, on the design, manufacture, supply, assembly, use or maintenance undertakings represented by that association, if the conformity assessment body proves that there are no conflicts of interest in respect of their conformity assessment activities (3) The conformity assessment body, its highest The management level and the staff responsible for the conformity assessment activities may not be any designer, manufacturer, supplier, installer, buyer, owner, user or service of the measuring equipment to be assessed, nor the authorized representative one of those parties. This does not preclude the use of measuring instruments already subjected to conformity assessment, which are necessary for the activities of the conformity assessment body, nor the use of such measuring instruments for personal use. The conformity assessment body, its top management level and the staff responsible for the conformity assessment activities may not directly design, manufacture or manufacture, market, install, use or maintain such conformity assessment bodies. They may also be involved in the participation of the parties involved in these activities. They shall not deal with activities which may affect their independence in the assessment or their integrity in relation to the conformity assessment activities. This is particularly relevant for consulting services. The conformity assessment body shall ensure that the activities of its subsidiaries or subcontractors do not adversely affect the confidentiality, objectivity and impartiality of its conformity assessment activities. (4) The The conformity assessment body and its staff shall carry out the conformity assessment activities with the greatest possible professionalism and professional competence in the field in question; they shall not be allowed to: influence, in particular financial nature, by third parties, who are may have an impact on their assessment or the results of their conformity assessment and, in particular, on persons or groups of persons who have an interest in the result of this conformity assessment. (5) The conformity assessment body must: be able to carry out all the tasks of conformity assessment for which it claims competence, whether or not these tasks are fulfilled by itself, on its behalf or under its responsibility. The conformity assessment body shall have the following information for each conformity assessment procedure and for each type and category of measuring equipment for which it intends to take a decision:

1.

the required number of staff with expertise and sufficient experience to carry out the tasks of conformity assessment,

2.

Descriptions of procedures according to which the conformity assessment is carried out in order to ensure the transparency and repeatability of these procedures, as well as an appropriate policy and appropriate procedures in which the conformity assessment is carried out between the a distinction between tasks which it perceivates as a recognised conformity assessment body and other activities; and

3.

Procedures for carrying out activities with due regard to the size of a company, the industry in which it operates, its structure, the degree of complexity of the product technology concerned and the fact that it is the production process is a mass production or series production.

The conformity assessment body must have the necessary means to carry out the technical and administrative tasks associated with the conformity assessment, and must have access to all necessary equipment or facilities. (6) The conformity assessment body shall ensure that the staff responsible for carrying out the conformity assessment activities shall be responsible,

1.

have a professional and vocational training qualification which qualifies them for all conformity assessment activities for which the conformity assessment body wishes to operate,

2.

have a sufficient knowledge of the measuring instruments and the conformity assessment procedures and have the power to carry out such conformity assessments,

3.

possess appropriate knowledge and understanding of the relevant legal provisions, in particular the essential requirements and the applicable harmonised standards, normative documents and the standards established by the Committee in accordance with Section 46; and specifications,

4.

the ability to draw up certificates, protocols and reports as proof of conformity assessments carried out.

(7) The conformity assessment body shall have its impartiality to ensure that its highest management level and that of its conformity assessment staff are ensured. The remuneration of the senior management level and the conformity assessment staff must not be based on the number of conformity assessments carried out or their results. (8) The conformity assessment body, unless it is a (9) The staff of the conformity assessment body shall be entitled to do so within the framework of a conformity assessment procedure, and shall be required to provide the necessary information to the public in accordance with Article 14 of the EC-law. known facts, the secrecy of which is in the interests of the the conformity assessment body or a third party shall not disclose or exploit unauthorised unauthorised persons; this shall also apply after the termination of their duties. The provisions relating to the protection of personal data to be observed by the conformity assessment body shall remain unaffected. Unofficial table of contents

§ 16 Consumption of competence of the conformity assessment body

Where a conformity assessment body complies with the criteria set out in the relevant harmonised standards or parts of those standards, the references of which have been published in the Official Journal of the European Union, it shall be presumed that: that it meets the requirements laid down in Article 15 to the extent that the harmonized standards applicable cover those requirements. (2) If the recognition body considers that a harmonised standard is to meet the requirements laid down by the relevant harmonised standards, it shall be does not fully comply with § 15, it shall inform you of the reasons for the European Commission. Unofficial table of contents

Section 17 Notification of the conformity assessment body

(1) The recognition of a conformity assessment body concerns the assessment of measuring instruments covered by the scope of European Union legislation in which the notification of these bodies to the European Union is The Commission and the other Member States of the European Union shall be granted recognition on the basis of the postponing condition that, after the notification, neither the European Commission nor the Commission shall, within the following time limits, be granted the following: Other Member States of the European Union have objected:

1.

within two weeks, provided that an accreditation certificate is available, or

2.

within two months, provided that no accreditation certificate is available.

(2) conformity assessment bodies in accordance with Article 14 (1) may be subject to the assessment of measuring instruments applicable to the legislation of the European Union in which the notification of these bodies to the European Commission and the rest of the Member States of the European Union shall not accept until the European Commission or the other Member States of the European Union have raised any objection within the following time limits:

1.

within two weeks, provided that an accreditation certificate is available, or

2.

within two months, provided that no accreditation certificate is available.

The conformity assessment bodies referred to in Article 14 (1) shall not carry out assessments of measuring equipment in accordance with the first sentence, after the notifying body has withdrawn the notification. The notifying body shall withdraw the notification if the competence of the conformity assessment body is no longer given. (3) The confirmation of the competence shall not be based on an accreditation certificate, the recognition of the certificate shall be made by the The European Commission and the other Member States of the European Union shall provide evidence confirming the competence of the conformity assessment body. It shall also provide for the agreements which have been made to ensure that the conformity assessment body is regularly monitored and always meets the requirements of § 15. (4) The recognition body shall be issued by the European Commission on request, all information relating to the competence of the body concerned at the time of notification or to the maintenance of competence during the activity of the body concerned. Unofficial table of contents

§ 18 Award of identification numbers

(1) The notifying body shall issue a identification number to conformity assessment bodies in accordance with § 13 (1) or § 14 (1), which are not to be notified in accordance with § 17. The identifier number consists of the uppercase letters "DE" and four subsequent digits. The identifying body shall publish a list of conformity assessment bodies with the identification numbers assigned by it, as well as information on the activities for which recognition has been issued. (2) Conformity assessment bodies according to § 14 Paragraph 1 shall not carry out assessments of measuring instruments where they use the identification number referred to in paragraph 1, provided that the identification number has withdrawn the identification number. The identification number shall withdraw the identification number if the competence of the conformity assessment body is no longer given. Unofficial table of contents

Section 19 obligations of the recognised conformity assessment body

(1) The recognised conformity assessment body shall carry out the conformity assessment in accordance with the conformity assessment procedures in accordance with the terms of Article 30 (3) of the Regulation and with due respect for proportionality. (2) recognised conformity assessment body that a measuring instrument does not comply with the essential requirements referred to in Article 6 (2), it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate of conformity (3) If the recognised conformity assessment body already has a certificate of conformity and, in the context of the monitoring of conformity, it shall establish that the measuring instrument does not meet the essential requirements, and shall require the manufacturer to take appropriate corrective measures; , it shall suspend or withdraw the certificate. (4) If no corrective measures are taken or are not sufficient to ensure compliance with the requirements, the recognised conformity assessment body shall restrict all the relevant Certificates of conformity, suspend or withdraw them. (5) The recognised conformity assessment body shall be involved in a Committee of Conformity Assessment bodies, which shall be used to standardise conformity assessment practice and professional training of the bodies. The Committee is formed under the guidance of the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt). (6) The recognised conformity assessment body has received the certificates of conformity issued by it and granted it by the European Commission. Identification number. Where the conformity assessment body is recognised solely for the assessment of such measuring instruments for which the European Commission does not provide for the allocation of an identification number, it shall bring the latter assigned by the recognition body to the Commission. Identification number. Unofficial table of contents

Section 20 Reporting requirements of the recognised conformity assessment body

(1) The recognised conformity assessment body shall report immediately to the notified body.

1.

any denial, restriction, suspension or withdrawal of a certificate of conformity,

2.

all the circumstances, the consequences for the scope and the conditions of recognition;

3.

any request for information on conformity assessment activities which it has received from the market surveillance authorities;

4.

at the request of which conformity assessment activities they have followed and which other activities, including cross-border activities and subcontracting, have carried out.

(2) The recognised conformity assessment body shall communicate to the other bodies which carry out similar conformity assessment activities and cover similar measuring instruments, relevant information on the negative and, on request, also on the positive results of conformity assessments. Unofficial table of contents

Section 21 Branch of a recognised conformity assessment body and subcontracting

(1) The recognised conformity assessment body shall carry out, or delegate to, a subsidiary undertaking certain tasks related to the conformity assessment to a sub-contractor, it shall ensure that the subcontractor or the sub-contractor is responsible for: The recognised conformity assessment body shall be liable for the fault of its subcontractors or branch contractors in the performance of the obligations of the competent conformity assessment body. (2) the work entrusted to it, as well as for its own fault; regardless of where they are established. (3) Works may only be awarded to a subcontractor or transferred to a branch undertaking if the contracting entity agrees to it. (4) The recognised conformity assessment body shall keep the relevant documents relating to the assessment of the qualifications of the subcontractor or of the branch undertaking and of the work carried out by the subcontractor in the framework of the conformity assessment procedure for the recognition body. Unofficial table of contents

Section 22 Revocation of recognition

(1) If the notifying body establishes or is informed that a conformity assessment body recognised in accordance with section 13 (1) no longer fulfils the requirements referred to in Article 15 or that it does not comply with its obligations, it is totally or partially refuting the recognition. It shall immediately inform the European Commission and the other Member States of the European Union thereof, insofar as the recognition concerns the right to assess measuring instruments covered by European Union legislation (2) In the case of the revocation referred to in paragraph 1, or when the recognised conformity assessment body cedes its activity, the recognition body shall take the appropriate measures to ensure that the files of this body are taken by another recognised conformity assessment body, and for the , and the market surveillance authorities shall be kept ready at their request.

Subsection 3
Duties of economic operators

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§ 23 obligations of the manufacturer

(1) The manufacturer bears the responsibility that the measuring instruments produced by him are only placed on the market or put into service by him for his own purposes, if they meet the essential requirements of § 6 (2). It ensures that conformity is ensured even in series production by means of suitable methods. Where, within series production, the design of a measuring instrument or its characteristics is modified or the technical rules referred to in the declaration of conformity have to be amended, the manufacturer shall have appropriate changes to these modifications. (2) The manufacturer must affix the marks and inscriptions required by Article 6 (4) and (5) and (5) and (9) on measuring instruments and other measuring instruments. (3) The manufacturer must draw up the technical documentation which shall be used to: Implementation of conformity assessment in accordance with § 6 (3). It shall have the conformity assessment carried out and shall issue the declaration of conformity. With the exhibition of the declaration of conformity, he takes responsibility for the conformity of the measuring instrument. It shall keep the documents referred to in the first sentence and the declaration of conformity as set out in the second sentence for a period of ten years from the date on which the measuring instrument is placed on the market. (4) The manufacturer shall have the instrument when placing the measuring instrument on the market in accordance with the provisions of a regulation (5) In so far as it is appropriate to assess the operability of a measuring instrument, the manufacturer shall verify the measuring instruments provided on the market by means of: Samples. If quality defects are known in the case of a measuring instrument model, it shall carry out a list of complaints, which are considered to be non-compliant measuring instruments and the recalls made. He informs the dealers about the current state of affairs. (6) If the manufacturer has justifiable reason to believe that a measuring instrument placed on the market or another measuring instrument does not meet the legal requirements, he/she shall have the right to to take immediate measures to ensure conformity of the measuring instrument. If this is not possible, it must take the measuring instruments off the market or recall them. If hazards are associated with the measuring instrument on the basis of metrological properties, it shall immediately inform the competent authority of the national law of the non-compliance and of the measures already taken.

Footnote

(+ + + § 23 (3) to (6): For application, see § 29 + + +) Unofficial table of contents

Section 24 Duties of the Plenipotentiary

(1) A manufacturer may nominate an authorised representative in writing. (2) The authorised representative shall carry out the duties assigned to him by the manufacturer to him. A manufacturer who uses an authorised representative shall carry out at least the following tasks:

1.

keeping the EC declaration of conformity and the technical documentation available to the market surveillance authorities for a period of 10 years from the date on which the measuring instrument is placed on the market;

2.

to demonstrate the conformity of a measuring instrument with all the necessary information and documents to a competent market surveillance authority, on the basis of its well-founded request and

3.

cooperation with a competent market surveillance authority, on the basis of its reasoned request, for any action taken to eliminate the risks associated with measuring instruments.

(3) The obligations pursuant to § 23 (1) sentence 1 and the preparation of the technical documentation pursuant to § 23 (3) sentence 1 may not be transferred by the manufacturer to an authorized representative.

Footnote

(+ + + § 24 (2): For application, see § 29 + + +) Unofficial table of contents

Section 25 Duties of the importer

(1) The importer may place only compliant measuring instruments on the market or put into service for his own purposes. (2) Before the importer places a measuring instrument on the market, he must ensure that:

1.

the manufacturer has carried out a suitable procedure for conformity assessment and has produced the technical documentation,

2.

the measuring instrument is provided with the identification marks and inscriptions required in accordance with Article 6 (4) and (5);

3.

the measuring instrument is accompanied by the information for use in German in accordance with Article 30 (2) of a legal regulation,

4.

by storage and transport, insofar as they are carried out in its responsibility, the compliance with the essential requirements of the measuring instrument is not adversely affected.

(3) The importer shall provide another measuring instrument with the marks and inscriptions required in accordance with § 9. (4) The importer shall have a copy of the declaration of conformity for a period of ten years from the placing on the market of the measuring instrument. shall be available for market surveillance purposes. It shall submit to the market surveillance authorities, on request, the technical documentation drawn up in the framework of conformity assessment, where this is necessary for market surveillance purposes. (5) The manufacturer ' s obligations pursuant to Article 23 (2) (a) 5 and 6 shall apply accordingly to the importer. If there is a risk from the measuring instrument on the basis of metrological properties, the importer also has to inform the manufacturer.

Footnote

(+ + + § 25 para. 2 no. 3 and 4, para. 4 and 5: For use, see: § 29 + + +) Unofficial table of contents

§ 26 obligations of the trader

(1) The trader shall ensure that measuring instruments placed on the market are provided by him only on the market or put into service for his own purposes, if:

1.

they are marked with the marks and inscriptions determined in accordance with Article 6 (4) and (5); and

2.

shall be accompanied by the information for use in the German language, as determined in accordance with Article 30 (2) of this Regulation.

(2) If there is an justified reason to believe that a measuring instrument does not comply with the essential requirements of § 6 (2), the trader may not provide the measuring instrument on the market until the end of the period of time. or put into service if compliance with the essential requirements is guaranteed. If there is a risk from the measuring instrument on the basis of metrological properties, it shall immediately inform the manufacturer or the importer as well as the competent authority in accordance with national law of the non-conformity. (3) There is an justified reason to do so. Assuming that a measuring instrument provided by the trader on the market does not comply with the legal requirements, the trader shall take the necessary measures to establish the conformity of the measuring instrument. As far as necessary, it recalls or takes back measuring instruments. If there is a risk from the measuring instrument on the basis of metrological properties, it shall immediately inform the competent authority according to national law of the non-compliance and of the measures already taken. (4) Insofar as storage and transport in the The dealer shall be responsible for ensuring that this does not affect the essential requirements which the measuring instrument has to fulfil.

Footnote

(+ + + § 26 (1) sentence 1 No. 2, para. 2 to 4: For application see § 29 + + +)

Subsection 4
Placing on the market and commissioning in special cases

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Section 27 EC-Type approval and EC first-time calibration

(1) Measuring instruments adopted in accordance with the provisions of Directive 2009 /34/EC of the European Parliament and of the Council of 23 April 2009 on common rules for measuring instruments and on measurement and testing procedures (OJ L 327, 27.4.2009, p. 7) on EC type-approval may be placed on the market, subject to paragraph 2. They may not be put into service until such time as they are calibrated and labelled in accordance with the provisions of that Directive. (2) The EC type-approval shall be within the scope of this Act at the request of the manufacturer or his/her supplier. Authorised representative by the Physikalisch-Technische Bundesanstalt in accordance with the provisions of the legal regulation pursuant to § 30 (6). (3) The EC confirmations shall be within the scope of this Act at the request of an economic operator or of those who use measuring instruments, by the competent authorities of the State Authorities shall be granted in accordance with the provisions of the Legal Regulation pursuant to Section 30 (6). Unofficial table of contents

§ 28 Measuring instruments lawfully placed on the market abroad

(1) Measuring instruments which

1.

cannot be obtained from CE marking, EC type approval or EC confirmations, and

2.

have been lawfully placed on the market in a Member State of the European Union or a State Party to the Agreement on the European Economic Area, in Switzerland or Turkey,

may also be placed on the market within the scope of this Act if the measurement accuracy, resistance to measurement and verifiability of these measuring instruments are guaranteed in an equivalent manner to those used in the case of measuring instruments placed on the market in accordance with this Act (2) In the event of an examination of the equivalence of measuring instruments within the meaning of paragraph 1, the competent authorities of the Member State in question shall have the provisions laid down in Chapter 2 of Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 (OJ C 327, 28.4.2008 21). (3) At the request of an economic operator or a request from the competent authority in accordance with national law, the Physikalisch-Technische Bundesanstalt shall take a decision on equivalence as referred to in paragraph 1. This decision shall be binding on the authorities responsible under national law. Unofficial table of contents

§ 29 Duties of the economic operators in the cases of § § 27 and 28

§ 23 (3) to (6), § 24 (2), § 25 (2) (3) and (4), (4) and (5) and Article 26 (1) sentence 1 (2), (2) to (4) shall apply mutas to the cases of § § 27 and 28.

Subsection 5
Authorisation

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Section 30 Regulation authorisation

The Federal Government is empowered to determine, by means of a regulation with the consent of the Federal Council, in order to ensure the accuracy, measurement stability and verifiability, and also for the implementation of European Union legal acts, the following:

1.

the essential requirements for measuring instruments within the meaning of Article 6 (2), second sentence, point 1, within the framework of the intended use, in the form of general specifications for measuring instruments and, if necessary, in the form of equipment-specific specifications; in this case, provisions may also be made by means of fuses of the measuring instrument for protection against unauthorised access by third parties to measured values,

2.

the information to be added to the measuring instrument for use in the German language,

3.

the requirements for conformity assessment within the meaning of Article 6 (3), the implementation of which, including the establishment of the technical documentation to be drawn up, the assignment of the measuring instruments to the individual conformity assessment procedures as well as the content of declarations of conformity,

4.

the marking of the measuring instruments and the content of inscriptions on measuring instruments within the meaning of § 6 (4) and (5) and (9); insofar as information on measuring instruments is not possible on the basis of their size, other forms of information may be specified ,

5.

the requirements for conformity assessment bodies, including detailed rules on the obligation to conclude a liability insurance in accordance with Article 15 (8), in particular the extent of the necessary insurance protection, which the the insurance contract, and the minimum insurance sum per insurance case, as well as the risk exclusions to be allowed,

6.

the requirements for EC type-approval and the confirmatisation of measuring instruments, including rules on the marking and inscriptions on the measuring instruments, and the measuring instruments covered by those provisions.

Section 3
Use of measuring instruments and measurement values, calibration of measuring instruments

Subsection 1
Use of measuring instruments and measurement values

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§ 31 Requirements for the use of measuring instruments

(1) Only measuring instruments or other measuring instruments which comply with the provisions of this Act and of the legal regulations adopted on the basis of this Act may be used. They must be used within the framework of the intended use conditions. (2) Anyone who uses a measuring instrument shall ensure that:

1.

the essential requirements for the measuring instrument in accordance with § 6 (2) shall be met for the entire time during which the measuring instrument is used and when interconnection with other equipment is satisfied, whereby instead of the error limits according to Article 6 (2), the traffic error limits,

2.

comply with the rules on the use of public measuring instruments contained in a legal regulation pursuant to Section 41 (3), if the measuring instrument is used to make measurements for everyone (public measuring instrument),

3.

the measuring instrument in accordance with § 37 (1) is not used without being passed,

4.

proof of any maintenance, repair or other intervention on the measuring instrument, including those carried out by means of electronic measures, for a period of up to three months after the expiry of the calibration period determined in accordance with section 41 (6), are kept for a maximum of five years.

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§ 32 Display obligation

(1) Those who use new or renewed measuring instruments shall notify those of the competent authority according to national law no later than six weeks after the entry into service. Specify

1.

the type of equipment,

2.

the manufacturer,

3.

the type designation,

4.

the year of marking of the measuring instrument and

5.

the address of the person using the measuring instrument.

(2) Paragraph 1 may also be fulfilled by the fact that the pledge is

1.

inform the competent authority, at the latest six weeks after the first measuring instrument has been put into service, of a type of measuring instrument, or to inform the competent authority of the types of measuring instruments he uses, indicating the address of the food and drink; and

2.

ensure that overviews of the measuring instruments used shall be made available without delay to the competent authority, on request, with the information referred to in the second sentence of paragraph 1.

(3) The authorities responsible under national law shall ensure that a central, user-friendly facility for the fulfilment of the notification obligation is available electronically or by fax and a uniform postal address. The authorities shall confirm the receipt of the advertisements referred to in paragraphs 1 and 2. Unofficial table of contents

§ 33 Requirements for the use of measured values

(1) Values for measures of measurement may be specified or used in commercial or official transport, or in the case of measurements in the public interest, only if a measuring instrument has been used as intended and the values are based on the determination of the measured values in the public interest. the respective measurement result is due to the extent to which nothing else is determined in the legal regulation pursuant to Section 41 (2). Other federal regulations that serve comparable protection purposes shall continue to apply. (2) Those who use measured values shall, within the scope of their possibilities, ensure that the measuring instrument meets the legal requirements and has to be confirmed by the person using the measuring instrument to fulfil their obligations. (3) Who uses measured values, has

1.

ensure that invoices, insofar as they are based on measured values, can be easily understood by the person for whom the invoices are intended for the verification of specified measured values, and

2.

to provide, where necessary, suitable means for the purposes referred to in paragraph 1.

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§ 34 Assumption of presumption

Insofar as the pledged measures have been taken, which are covered by rules, technical specifications or findings, which have been determined by the committee according to § 46 and whose findings are the Physikalisch-Technische Bundesanstalt im Bundesanzeiger (Federal Gazette) is presumed that

1.

the essential requirements for the use of measuring instruments in accordance with § 31 (2) (1) are met; and

2.

Invoices for which measured values are used in accordance with § 33 (3) can be traced.

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Section 35 Exceptions to closed land use

(1) Where a contractual partner uses measuring instruments for business purposes for the purpose of determining line-bound services under permanent commercial contractual partners, he/she may apply in writing to the competent authority in accordance with national law, shall be exempt from the law of the law for these measuring instruments if:

1.

the other contracting parties have declared their agreement to the waiver; and

2.

the premises of the contracting parties are located on the same geographical area.

(2) The competent authority shall grant the exemption if the contracting parties have confirmed in writing that:

1.

they are in agreement with the exemption from the provisions of the law; the declaration shall specify the nature of the contractual performance and the type of measuring instrument to which the waiver relates;

2.

a quality assurance system to ensure correct measurements, which complies with the recognised rules of technology,

3.

the contracting parties have access to the measuring instrument at all times; and

4.

between the parties to the contract a procedure for the procedure in the case of erroneous measurements is agreed.

(3) Liberation shall be limited to a period of five years. A renewed liberation shall be permitted. (4) A contractual partner shall not be subject to any disadvantage, unless he declares his agreement. This shall be without prejudice to the transfer of cost savings. Unofficial table of contents

Section 36 Exceptions to certain uses

The obligations of this subsection shall not apply to the extent that, in accordance with Section 41 (5) of the Legal Regulation, exemptions for individual uses are determined. Exceptions may be made if the need for protection of the persons affected by the measurement justifies the need for protection. This is particularly the case if:

1.

it can be assumed that the persons directly affected by the measurement are economically equivalent and have the necessary competence to carry out measurements and to evaluate the measurement results,

2.

in other provisions than in accordance with the provisions of this Act and the regulation adopted pursuant to this Act, it is ensured that the use of the measuring instruments leads to a correct determination of measured values, or

3.

in the case of official use of measuring instruments, the measurement accuracy is not important.

Subsection 2
Calibration and assessment

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§ 37 Eichung and Eichdeadline

(1) Measuring instruments must not be used with an adequate amount of time,

1.

after the expiry of the calibration period laid down in the legal regulation in accordance with Section 41 (6), or

2.

if the calibration period referred to in paragraph 2 ends prematurely.

For measuring instruments which have been placed on the market in accordance with the provisions of Section 2, the calibration period shall begin with the placing on the market and shall correspond to calibrated measuring instruments for the duration of the respective calibration period beginning with the placing on the market and shall not be oak for the duration of this calibration period. (2) The calibration period shall end prematurely if:

1.

the measuring instrument does not fulfil the essential requirements within the meaning of Article 6 (2), whereby, in place of the error limits in accordance with Article 6 (2), the traffic error limits determined in accordance with Article 41 (1) of a legal regulation must be complied with,

2.

an intervention which may have an influence on the metrological properties of the measuring instrument or which extends or limits its use range,

3.

the prescribed designation of the measuring instrument is modified or an unauthorised name, inscription, measurement quantity, classification or emphasis of a classification is applied,

4.

the markings prescribed in a legal regulation pursuant to Section 30 (4) or (6) (6) are unrecognizable, devalued or removed from the measuring instrument;

5.

the measuring instrument is connected to a device whose attachment is not permitted.

(3) The calibration shall be carried out on request. In the case of calibration, current test and examination results can be taken into account. (4) In the case of calibration, the essential requirements in accordance with § 6 (2), which apply at the time of placing on the market, as well as those relating to this calibration, can be taken into consideration. The date in question shall be based on the harmonised standards referred to in paragraph 7 above, normative documents, technical specifications or rules. In so far as it is necessary in order to ensure accuracy or measurement resistance, taking into account the proportionality, the current conditions may be used in the case of calibration in individual cases; this is in particular: if the current conditions are less stressful for the applicant. (5) Paragraph 2 (1), (2) and (4) shall not apply to instated measuring instruments if:

1.

after the repair, the measuring instrument meets the essential requirements of § 6 (2), whereby, instead of the error limits in accordance with Article 6 (2), the traffic error limits determined in accordance with Section 41 (1) of a legal regulation must be complied with,

2.

the re-calibration is requested without delay,

3.

the repair is indicated by a mark of the repair agent specified in the legal regulation according to § 41, point 7, and

4.

the repair service has notified the competent authority of the repair which has been carried out without delay.

(6) In the cases referred to in paragraph 2 (2), measuring instruments whose software has been updated by a technical process may be re-used if the competent authority has approved this on request in accordance with Article 40 (1). The authorisation shall be granted if:

1.

the suitability of the software and of the measuring instrument for updating its software has been established,

2.

a conformity assessment is available for this purpose,

3.

the updating is permanently recorded in the measuring instrument, and

4.

an authority as set out in the first sentence has verified the existence of these conditions by means of a sampling test.

This shall not affect the calibration periods of the respective measuring instrument. Unofficial table of contents

Section 38 Delays

If the user has requested the calibration at least ten weeks before the expiry of the calibration period and has done or offered the calibration for the calibration period, the measuring instrument shall be checked in spite of the expiry of the calibration period up to the time of the official inspection. a calibrated measuring instrument. If the user has requested the calibration at a later date and if the authority is not able to calibrate before the expiry of the calibration period, it may allow the further use of the measuring instrument up to the time of the administrative review. The Authority shall immediately carry out the calibration after the expiry of the calibration period. Unofficial table of contents

Section 39 Test of the findings

(1) Anyone who presents a well-founded interest in the measurement accuracy can apply to the authority in accordance with § 40 (1) whether a measuring instrument meets the essential requirements of § 6 (2), whereby instead of the error limits according to § 6 (2) for a measuring instrument or associated additional equipment, the one or the other in the determination of the consumption of electricity, Where gas, heat or water is used, the determination referred to in paragraph 1 may also be used in the case of a the state-approved test centre pursuant to § 40 (3) is requested. Unofficial table of contents

Section 40 Permanent offices for the calibration

(1) The calibration shall be carried out by the authorities responsible under national law. The local authority responsible for the calibration and other testing of measuring instruments at the office of office shall be any competent authority in accordance with the first sentence of which such an official act is requested. (2) Where a user or a representative is responsible for: various users applying for the calibration of several measuring instruments at the place of installation or for the authorisation to update software, the competent authority shall coordinate the procedures with the aim of a sequence of test procedures which is as cost-effective as possible. If measuring instruments are affected at sites in different federal states, the competent authorities cooperate within the scope of their possibilities. An application submitted to the local authority at the user ' s head office, which shall include additional sites, shall be forwarded by its own authority to the competent authorities. If the date of the application is decisive, the application shall be deemed to have been filed at the time when the application has been received by the competent authority at the user ' s head office. (3) For the calibration of measuring instruments for electricity, gas, water or heat and associated additional facilities, inspection bodies may be recognized by the authorities responsible under national law in accordance with a legal regulation pursuant to § 41, point 9. The test body must have a liability insurance. The head and the deputy of the inspection body shall be publicly appointed and required to be appointed by the competent authority. It may be revoked except in accordance with the provisions of the Administrative Procedure Act

1.

the recognition of the examination office if restrictions on the substance of the recognition are not respected,

2.

the order, if the ordered restrictions on the content of the order do not comply with the order, or if the obligations of the order are grossly violated, in particular tests shall not be carried out impartially or can be executed.

(4) In the performance of his duties, a member of the inspection body shall be liable for a breach of the official duties, the institution of the inspection body shall be liable to the country whose authority has recognised the inspection body for the damage resulting therefrom, including: judicial and non-judicial costs arising from the defence against claims made against claims. The possibility of recourse is still possible. (5) The competent authorities are at the disposal of the competent authorities in the case of the calibration and the examination of the findings in accordance with § 56; the fundamental right of inviolability of the apartment pursuant to Article 13 of the Basic Law is restricted to this extent. The state-approved test centres may take measures pursuant to section 55 (1), second sentence, point 6, if measuring instruments have been calibrated by them, contrary to the obligations imposed on them, or if they have otherwise been examined. The powers of the agents according to § 56 are available to you.

Subsection 3
Authorisation

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Section 41 Regulation empowerment

The Federal Government is empowered to adopt regulations with the consent of the Federal Council by means of a regulation

1.

for the concretization of the obligations arising from § 31; in particular, display, documentation, inspection and storage obligations as well as traffic error limits may be determined,

2.

laying down exceptions to the obligations in the indication of measured variables within the meaning of Section 33 (1),

3.

on the use of public measuring instruments within the meaning of Article 31 (2) (2), in particular on:

a)

the equipment, maintenance and operation of public measuring instruments, the carrying out of measurements and the reporting requirements of the user of a public measuring instrument;

b)

the requirements for the expertise and independence of the user and the operating staff, as well as the examination of such requirements,

c)

the verification of the measurements and the storage of the documents,

d)

the labelling of public measuring instruments;

e)

the procedure in the context of points (a) to (d),

4.

on the prohibition of the exploitation of traffic error limits and derogations,

5.

for the determination of exemptions from the obligations of use of measuring instruments or measurement values for certain uses in accordance with § 36,

6.

on the calibration and calibration periods, in particular on

a)

the beginning and the duration of the calibration periods,

b)

the conditions for the extension of calibration periods, in particular requirements relating to the implementation and repetition of tests, as well as requirements relating to the nature and testing of test and control equipment,

c)

the preparation and implementation of the calibration, including the identification and repetition of tests, and the obligations of the applicant for the submission of documents and for participation in the preparation and implementation of the calibration;

7.

the requirements for a repair within the meaning of Article 37 (5), in particular requirements for repair shops, and the marking of equipment in accordance with instated requirements;

8.

the details of the procedure for the updating of software within the meaning of Article 37 (6),

9.

on the conditions, the scope and the procedure

a)

recognition of verifiers within the meaning of Article 40 (3), including detailed rules on the obligation to conclude liability insurance, in particular on the extent of the necessary insurance cover, on the minimum insurance cover the insurance case and the risk exclusions, and

b)

the public order and the obligation of the inspection staff as well as

c)

the establishment of the inspection body, including the documentation requirements of the inspection body required for that purpose,

10.

on the special requirements for the use of material measures intended for the commercial use of beverages for remuneration (dimensions of payment), including the determination of certain volumes of measurement to be observed on the basis of a ban on the use of such measures.

Section 4
Pre-packaged items and other sales units

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Section 42 Definitions of pre-packed packaging and other sales units

(1) Pre-packed packages within the meaning of this Act shall be packaging of any kind in which products are packaged in the absence of the purchaser and which are sealed in the absence of the purchaser, the quantity of the product contained therein without opening (2) Other sales units within the meaning of this Act are:

1.

open packs, which are bottled in the absence of the purchaser;

2.

unpacked bakery products of the same nominal weight and

3.

Sales units of the same nominal weight, the same nominal length, or the same nominal area without wrapping.

(3) For the purposes of this Act,

1.

the amount of the quantity actually containing a single pre-filled package,

2.

Nominal fill quantity the quantity to contain the pre-filled package.

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Section 43 Requirements for pre-packed packaging

(1) Pre-packs may only be manufactured, brought into the scope of the law, placed on the market or otherwise provided on the market, if the nominal fill quantity is indicated, the filling quantity meets the specified requirements. (2) It is forbidden to manufacture, manufacture, place in the scope of this law, place on the market or otherwise produce pre-packed packaging, to the market when it is designed and filled in accordance with a is pretending to be larger than that contained in them. Unofficial table of contents

Section 44 Regulation authorisations for pre-packed packaging and other sales units

(1) The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council, provisions for the protection of consumers, in order to facilitate the trade in pre-packed packages, also for the implementation of legal acts of the European Union, in particular:

1.

the indication of nominal quantities of pre-packed packaging and the manner in which it is specified,

2.

the requirements for the accuracy of the filling quantity,

3.

the controls and records to be carried out by the establishments for the fulfilment of the precision requirements referred to in point 2, and the measuring instruments to be used in this case,

4.

conditions and methods for a uniform determination of filling quantities;

5.

requirements for the accuracy of the volume of containers and their labelling,

6.

the indication of the manufacture or placing on the market of the pre-packaged or container covered by this Act,

7.

the installation of inscriptions and signs on pre-packed packages and containers and their acceptance by the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt),

8.

The nature and scope of the checks to be carried out by the competent authorities to monitor compliance with the provisions adopted under points 2, 3, 4 and 5 and the recognition of tests carried out in other States have been carried out,

9.

mandatory nominal quantities for pre-packed packaging and the obligation to use certain containers with a specified volume or dimensions for the manufacture of pre-packed packages,

10.

Exceptions to § 43 (1),

11.

the design and filling of pre-packed packages in order to meet the requirements of Section 43 (2).

(2) The Federal Government is also empowered to adopt, by means of a regulation with the consent of the Federal Council for the same purposes, appropriate provisions for other sales units.

Section 5
Tasks of the Physikalisch-Technische Bundesanstalt (Bundesanstalt), regulatory committee, repatriation

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Section 45 Tasks of the Physikalisch-Technische Bundesanstalt

The Physikalisch-Technische Bundesanstalt has to ensure the uniformity of the legal metrology

1.

to advise the national authorities responsible for the implementation of this law,

2.

to scientifically process scientific-technical questions of the legal metrology, in particular to conduct scientific research in this field,

3.

to support standardisation and standardisation in this area.

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Section 46 Regulatory Committee

(1) The Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) uses a rule-finding committee. It has the task of being based on the state of the art

1.

To establish rules and technical specifications in order to specify, supplement and verify the essential requirements for measuring instruments to be observed in accordance with Article 6 (2), in so far as there is no harmonised standard or normative documents,

2.

To identify rules and findings on conformity assessment procedures which are appropriate to demonstrate the conformity of certain measuring instruments, in so far as it does not have a harmonised standard or normative procedure for conformity assessment procedures for measuring instruments. documents,

3.

To identify rules and findings to identify the obligations of persons using measuring instruments or measurement values.

In its activities, the Committee takes particular account of the potential for innovative products and processes in the field of legal metrology. (2) The Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) can find the findings of the committee referred to in paragraph 1 of this article. to make known technical rules and findings in the Federal Gazette. The documents to which reference is made must be available in German. (3) If the competent authority according to the country's law is of the opinion that a rule determined in accordance with paragraph 1 and published in accordance with paragraph 2 of this article, technical specification or other knowledge is not suitable for covering the legal requirements for which it has been identified by the Committee as being suitable, it shall inform the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) on the basis of the reasons. The Physikalisch-Technische Bundesanstalt shall check the notifications received for completeness and consistency; it shall forward the reports to the Committee. (4) Reasonable doubt as to the suitability of a committee established by the Committee referred to in paragraph 1 As a rule, technical specification or other knowledge, the Committee shall review its suitability for the intended purposes. If he does not consider the suitability to be given, he shall establish this. The Physikalisch-Technische Bundesanstalt publishes the text of the statement in the Federal Gazette. The provisions of sentences 2 and 3 shall apply mutaly to the extent to which a new harmonised standard or a new normative document exists within the scope of the established rules, technical specifications or other findings. (5) The Committee shall be belong to competent institutions and associations, in particular:

1.

the Physikalisch-Technische Bundesanstalt,

2.

the competent authorities of the countries,

3.

conformity assessment bodies,

4.

pursuant to Article 40 (3), state-approved test centres,

5.

economic associations, in particular those representing manufacturers and users of measuring instruments; and

6.

Consumer associations.

The membership is honorary. (6) The Federal Ministry for Economic Affairs and Energy convenes the members of the Committee for a period of three years. The Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) is chairing and managing the office. (7) The Committee shall adopt its rules of procedure, which require the approval of the Federal Ministry of Economics and Energy. Unofficial table of contents

§ 47 Metrological return

(1) Conformity assessment bodies, competent authorities and state-approved test centres have a verifiable guarantee to ensure the uniformity of legal metrology to ensure that the standards used as test equipment with the standards used in the The Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) has an examination of the normal equipment and examination aids of the bodies referred to in paragraph 1 at the request of the Federal Institute for Technical and Technical Standardisation (Bundesanstalt). , provided that a metrological return by other means is not possible.

Section 6
Metrological Monitoring

Subsection 1
Market surveillance

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Section 48 Responsibility for market surveillance and cooperation

(1) The supervision of products placed on the market (market surveillance) shall be the responsibility of the competent authorities in accordance with national law, provided that no different provisions are made in other federal regulations. Without prejudice to the legal provisions concerning local jurisdiction, the authority in whose district the official act is responsible may also provide the documents and information on products required for the performance of their duties, in accordance with the provisions of (2) The market surveillance authorities shall cooperate with the competent authorities responsible for the control of external borders in accordance with Section 3 of Chapter III of Regulation (EC) No 765/2008. The first sentence shall also apply to such measuring instruments which are not covered by Regulation (EC) No 765/2008. Within the framework of this cooperation, the authorities responsible for the control of external borders may, at the request of the market surveillance authorities, provide the market surveillance authorities with the information they have received when placing products under customs duty. (3) The market surveillance authorities and the authorities responsible for the control of the external borders shall protect them within the framework of the applicable law Business secrets and personal data. Unofficial table of contents

Section 49 Market monitoring concept

(1) Market surveillance authorities shall ensure effective market surveillance on the basis of a market surveillance approach. In particular, the market surveillance concept shall include:

1.

the collection and analysis of information on the identification of the points of gravity and the flow of goods,

2.

the establishment, regular adaptation and implementation of market surveillance programmes, on the basis of which the products can be reviewed.

The market surveillance authorities shall review and evaluate the effectiveness of the monitoring concept regularly, at least every four years. (2) The competent national competent authorities shall coordinate market surveillance and develop and (3) Countries shall provide the market surveillance programmes referred to in the second sentence of the second sentence of paragraph 2 to the public in a non-personal form by electronic means and, where appropriate, in a different manner to the Available.

Footnote

(+ + + § 49: For application, see Section 54 (3) + + +) Unofficial table of contents

Section 50 Market surveillance measures

Market surveillance authorities shall, on the basis of appropriate samples, control in an appropriate manner and to an appropriate extent, whether measuring instruments and other measuring instruments meet the requirements of section 2 and pre-packed packaging and other sales units (2) The market surveillance authorities shall take the necessary measures if they have reasonable grounds to suspect that the products do not comply with the requirements of the above mentioned requirements. They shall in particular be entitled to:

1.

prohibit the delivery of a measuring instrument if the requirements of § 10 are not met,

2.

to arrange for measures to ensure that a product is not made available on the market until it meets the requirements laid down in this law,

3.

to order a measuring instrument to be checked by a recognised conformity assessment body or by an appropriate body in the same way,

4.

prohibit the provision of a measuring instrument on the market or the delivery of a measuring instrument for the period of time which is absolutely necessary for the test,

5.

to prohibit the provision of a product on the market,

6.

to take action,

a)

that prevent a product that is in the supply chain from being made available on the market (withdrawal) or

b)

which have the effect of returning a product already made available to the final consumer (recall),

7.

to ensure that a product is destroyed, destroyed, or otherwise unusable or made useless,

8.

to order the public to be warned of the risks associated with a product made available on the market; warns that the economic operator does not, or does not, alert the public in time or if he meets another equally effective If not, or not in time, the market surveillance authority itself can warn the public.

The market surveillance authority shall revoke or amend a measure in accordance with paragraph 2 if the economic operator proves that it has taken effective action. (4) The market surveillance authority, a product located in another Member State of the European Union or a State Party to the Agreement on the European Union, shall decide whether or not to take the necessary measures to ensure that: in Switzerland or Turkey, to prohibit the placing on the market or the putting into service of the product, or to prohibit the offering or delivery of the product at the place of sale, it shall: the economic operator concerned. (5) Market surveillance authorities inform and support each other in the case of market surveillance measures in accordance with paragraphs 1 to 3, to the extent necessary for each individual task to be filled in each individual case. Unofficial table of contents

Section 51 addressees of market surveillance measures

(1) The measures taken by the market surveillance authorities shall be directed against the relevant economic operator concerned. Measures to be taken against any other person, without prejudice to the measures taken in the context of the monitoring of the use, shall be admissible only as long as an existing serious risk cannot be denied in any other way. (2) The economic operator concerned in accordance with paragraph 1 before the adoption of a measure pursuant to Article 50 (2) in accordance with Section 28 of the Administrative Procedure Act, it shall be consulted on the condition that the hearing period shall not be less than ten days. If a measure has been taken without the economic operator being heard, it will be given the opportunity to express its views as soon as possible. The measure will then be reviewed immediately. Unofficial table of contents

Section 52 Entry rights, co-action and duty obligations in the market surveillance

(1) In so far as it is necessary for the performance of its tasks, the market surveillance authorities and their agents shall be empowered, without prejudice to the rights set out in Article 19 (2) of Regulation (EC) No 765/2008, to the usual operating and business hours To enter land, operating or business premises, in or on which products within the meaning of this Act shall be used in the course of a business activity

1.

are produced,

2.

for the purpose of making available on the market,

3.

be offered,

4.

, or

5.

shall be put into service.

They have the power to inspect, inspect or have the products inspected, and, in particular, to be put into service for testing purposes. This inspection and audit authority shall have the responsibility of the market surveillance authorities and their agents, even if the products are made available in seaports for further transport. (2) The market surveillance authorities and their agents may rehearsals. request samples and request the documents and information required for their task performance. The samples, samples, documents and information shall be made available free of charge. If the free release is not economically reasonable, reasonable compensation shall be provided at the request of the economic operator. (3) The rights referred to in paragraphs 1 and 2 shall only be granted to agents unless they are directly or indirectly

1.

are engaged in the manufacture, trading, leasing, maintenance or repair of measuring instruments or commercial use thereof, or

2.

with providers of such services.

(4) The market surveillance authorities may require the conformity assessment bodies in accordance with Articles 13 and 14 (1) and their staff responsible for the management and execution of the technical tasks to provide the information and documents necessary for the fulfilment of the requirements of the of their tasks. If they are acting in accordance with the first sentence, they shall inform the relevant body. (5) The economic operator concerned shall have the measures referred to in paragraphs 1 and 2 and shall support the market surveillance authorities and their representatives, in particular on request, to designate rooms and documents as well as to open spaces and containers. He shall, on request, provide information on those of whom he has made measuring instruments or to which he has made measuring instruments in the last ten years. It shall be obliged to provide the market surveillance authorities with the information necessary for the performance of their duties, on request. He may refuse to provide information on questions whose answer would expose the pledge or any of his relatives referred to in section 383 (1) (1) to (3) of the Code of Civil Procedure to the risk of a criminal offence or to be prosecuted. He shall be lecturing on his right to refuse to provide information.

Footnote

(+ + + § 52 (5) sentence 3 and 4: For use, see Section 56 (3) sentence 5 and Section 58 (3) sentence 5 + + +) Unofficial table of contents

Section 53 Reporting procedure, Regulation empowerment

(1) if the Market Surveillance Authority (Market Surveillance Authority) is to prohibit or restrict the provision of a measuring instrument on the market, or to arrange for its withdrawal or recall, it shall inform the market surveillance authority accordingly, stating the reasons for the action. other market surveillance authorities. It shall also inform the conformity assessment body and the notified body of the action it has taken. (2) The Market Surveillance Authority shall be notified of a measure relating to a measuring instrument in the legislation of the European Union. It shall also inform the European Commission and the other Member States of the European Union if the reason for the action is outside the scope of this Act or if the impact of the measure is above extend the scope of this Act. (3) For the The exchange of information shall be as far as possible using electronic means of communication. The Federal Government is empowered to regulate, with the consent of the Federal Council, the details of the notification procedure, in particular the details of the use of certain electronic communications channels, by means of a legal regulation.

Subsection 2
Monitoring of the use of measuring instruments and measurement values

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§ 54 Principles of the monitoring of use

The competent authorities shall, on the basis of appropriate samples, check in an appropriate manner and to an appropriate extent whether the provisions of Section 3 are complied with in the use of measuring instruments and measurement values (monitoring of the use). The competent authorities shall, in particular:

1.

the proper installation and suitability of the measuring instrument for the intended use,

2.

the proper use of the measuring instrument in accordance with the manufacturer ' s instructions and the use of the proper accessories, as well as the presence of the instructions for use and the required documents,

3.

the proper marking and securing of the measuring instrument,

4.

subsequent changes to the measuring instrument, including those by means of electronic measures,

5.

the correct display of the measurement result and its proper storage, transmission and use,

6.

the software used.

(2) The authorities shall, as far as possible, combine the task of monitoring the use with the performance of oaks in accordance with § 37. (3) The authorities shall ensure effective supervision on the basis of a use-monitoring concept. The provisions of § 49 shall apply accordingly for the purposes of the monitoring of use. Unofficial table of contents

Section 55 Measures of use monitoring

(1) The authorities shall take the necessary measures if they have reasonable grounds to suspect that measuring instruments are not used in accordance with the requirements of Section 3. They shall in particular be entitled to:

1.

to check a measuring instrument,

2.

to set aside a measuring instrument for the period which is mandatory for the test;

3.

to order a measuring instrument to be checked by a recognised conformity assessment body or by an appropriate body in the same way,

4.

to prohibit the use of a measuring instrument,

5.

to ensure, destroy, destroy or otherwise render a measuring instrument unusable; this must also be applied to objects or software to influence the functioning of measuring instruments;

6.

to order the public to be warned of the risks associated with a measuring instrument whose use does not comply with the provisions of Section 3; warns the public not or not in good time, or The competent authority itself may warn the public of another equally effective measure, or not in good time.

2. The Authority shall revoke or amend a measure referred to in paragraph 1 if the pledge proves that it has taken effective action. Measures as a secondary consequence of an administrative offence remain unaffected. Unofficial table of contents

Section 56 Access rights, co-action and duty obligations in the monitoring of use

(1) As far as is necessary for the purpose of monitoring the use, the authorities and their agents shall be empowered to enter, in or on measuring instruments, land, operating or commercial premises at the usual operating and business hours shall be used. Entry of living spaces shall be permitted insofar as this is necessary for the prevention of urgent threats to public security and public order; the fundamental right of inviolability of the dwelling pursuant to Article 13 of the Basic Law shall be inasmuch as restricted. The authorities and their agents shall have the power to inspect, inspect or inspect measuring instruments and, in particular, to have them put into service for this purpose. (2) The rights referred to in paragraph 1 shall only be authorised by the authorities, unless they are directly responsible for: or indirectly

1.

are engaged in the manufacture, trading, leasing, maintenance or repair of measuring instruments or commercial use thereof, or

2.

with providers of such services.

(3) The user concerned or the person in whose premises measuring instruments are used shall be allowed to accept the measures referred to in paragraph 1 and to assist the authorities and their agents, in particular at the request of spaces and documents. as well as to open spaces and containers. The user concerned shall be obliged to supply the authorities, on request, with the information necessary for the performance of their duties. He shall submit the documents to be retained by him upon request. Where documents relating to the proper operation of a measuring instrument are in the possession of a third party, the third party shall also, at the request of the competent authorities and its agents, be required to submit such documents to the extent necessary for the purpose of: If the documents are available to the third party only in electronic form, it is sufficient to provide a template in electronic form. Section 52 (5), third and fourth sentences, shall apply mutatily to the meals referred to in the first sentence of the first sentence.

Subsection 3
Supervision of state-approved test sites

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§ 57 Responsibility and measures under the supervision of state-approved test centres

(1) The supervision of the state-approved test bodies shall lead to the competent authorities in accordance with § 40 (1). (2) The competent authorities shall ensure by appropriate supervisory measures that the state-approved test bodies are responsible for the (c) comply with the obligations under this Act or the legal regulations adopted hereunder, and carry out its tasks in an appropriate manner. The competent authorities may:

1.

objection to unlawful measures and the need to remedy the situation,

2.

Give instructions on the manner in which audit work is carried out,

3.

to order the public to be warned of the risks associated with a measuring instrument calibrated or otherwise verified by a state-approved test body against the obligations under it; warns the The competent authority itself may warn the public, if it does not, or does not, in good time or does not take any other measure that is effective or not in good time.

If a state-approved testing body does not comply with a Directive or does not comply with the deadline, the competent authority may take the necessary measures in place and at the expense of the inspection body itself, or have it carried out by another. Unofficial table of contents

Section 58 Entering rights, participation and duty to carry out duties in the supervision of state-approved test sites

(1) In so far as it is necessary for supervision, the authorities and their agents shall be empowered to enter, on or in, the normal operating and commercial periods of land, business premises or premises. The authorities or their agents may carry out exams and examinations and inspect their business documents. (2) The rights referred to in paragraph 1 shall only be granted to agents unless they are direct or indirect.

1.

are engaged in the manufacture, trading, leasing, maintenance or repair of measuring instruments or commercial use thereof, or

2.

with providers of such services.

(3) The staff of the inspection body and persons in whose area of domination are located the inspection body shall be allowed to accept the measures in accordance with paragraphs 1 and 2. The staff of the inspection body shall support the authorities as well as their agents. The head of the inspection body and his representative shall be required to provide the authorities with the information necessary for the performance of their duties, on request. The Head of the Examination Office and his representative shall submit the documents to be retained by them on request. Section 52 (5), third and fourth sentences, shall apply accordingly.

Section 7
Charging arrangements and fines

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§ 59 Fees and deposits of the national authorities, regulation empowerment

(1) For individually attributable public services under this law and the legal regulations based on this law, the Land authorities shall collect fees and outlays in accordance with paragraphs 2 and 3. No fees and charges are levied for examinations and examinations if the examination and investigation

1.

in accordance with § 52, a measuring instrument shall comply with the provisions of this Act and of the legal regulations adopted hereunder,

2.

according to § 56, that a measuring instrument has been used in accordance with the provisions of this Act and of the legal regulations adopted hereunder.

If a test in accordance with § 39 shows that a measuring instrument does not comply with the traffic error limit or does not comply with the other essential requirements of § 6 (2), the fees and charges shall be borne by the person who is responsible for the measuring instrument. (2) The fee is intended to cover the costs of all those involved in the performance of the individual attributable to the public service which can be attributed to the individual. The fee shall be included in the fee charged with the performance on a regular basis. For the purpose of determining the fee, the costs, which are attributable to business principles as individual and overhead costs and are capable of being applied, in particular personal and material costs as well as calculatory costs, are to be used. The overhead costs also include the costs of legal and professional supervision. The basis for the payment of charges in accordance with the rates 1 to 4 shall be the costs incurred by the countries as a whole with the respective performance. § 9 Paragraph 3 of the Federal Law on Fees is to be applied accordingly. (3) The Federal Ministry of Economic Affairs and Energy is authorized to pay the fee for the area of the Land administration by means of a legal regulation with the consent of the Federal Council To identify the facts of the case, the level of fees and the reimbursement of expenses, and to provide fixed, time-or framework fees. For reasons of public interest or equity, the legal regulation may determine a waiving or reduction of fees. In addition, it may be determined that the fee for a calibration within the meaning of § 37 may also be levied if the individually attributable public service is not at the fixed date for reasons which the person concerned has to represent. could take place. Unofficial table of contents

Section 60 Penal rules

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

1.

in accordance with Article 6 (1), in conjunction with a legal regulation pursuant to Section 30 (1), (3) or (4), placing a measuring instrument on the market,

2.

Contrary to § 9 in conjunction with a legal regulation pursuant to Section 30 (4), another measuring instrument shall be placed on the market,

3.

, contrary to § 10, issue a measuring instrument,

4.

evaluating a measuring instrument without recognition in accordance with Article 13 (1) sentence 1,

5.

Contrary to Article 23 (3), sentence 4, also in conjunction with Article 24 (2), second sentence, point 1, a document referred to therein or the declaration of conformity not or not kept for at least ten years or not, or has not been held for at least ten years,

6.

Contrary to § 23 (4), in conjunction with a regulation pursuant to Section 30 (2), in conjunction with § 24 (2) sentence 1, the measuring instrument does not provide information, not correct, not complete or not in good time,

7.

Contrary to § 23 (5) sentence 2, even in conjunction with § 24 (2) sentence 1 or § 25 (5) sentence 1, a list referred to therein does not result in, or does not complete, the right or the complete list,

8.

Contrary to § 23 (6) sentence 3, even in conjunction with § 24 (2) sentence 1 or § 25 (5), the competent authority or the manufacturer does not inform the competent authority or the manufacturer in good time or in good time,

9.

Contrary to Article 25, paragraph 2, point 3, in conjunction with a legal regulation pursuant to Section 30 (2), it does not ensure that the measuring instrument is accompanied by information,

10.

Contrary to the first sentence of Article 25 (4), a copy of the declaration of conformity shall not be held for at least ten years,

11.

Contrary to Article 25 (4), second sentence, a document referred to therein shall not be presented, not correct, in full or in good time,

12.

against

a)

Article 26 (1), first sentence, point 1, also in conjunction with sentence 2, or

b)

Section 26 (1), first sentence, point 2 in conjunction with a legal regulation pursuant to § 30 (2)

does not ensure that a measuring instrument or other measuring instrument is made available on the market or put into service for its own purposes only under the conditions laid down in that instrument;

13.

, contrary to the second sentence of Article 26 (2) or the third sentence of the third sentence of paragraph 3, information is not available, not correct or not

14.

the use of a measuring instrument or other measuring instrument in accordance with the first sentence of Article 31 (1),

15.

Contrary to Article 31 (2) (1) in conjunction with a regulation in accordance with Section 41 (1), it does not ensure that the essential requirements are met,

16.

Contrary to Article 31 (2) (2) in conjunction with a regulation in accordance with Section 41 (3), it does not ensure that the provisions referred to therein are complied with,

17.

Contrary to Article 31 (2) (4), in conjunction with a regulation pursuant to Section 41 (1), it does not ensure that the evidence referred to therein is kept,

18.

, contrary to the first sentence of Article 32 (1), an indication is not reimbursed, not correct, wholly or not in good time,

19.

, contrary to Article 33 (1), first sentence, specifies or uses a value referred to therein,

20.

Contrary to Article 33 (3) (1), it is not ensured that an invoice can be taken into account,

21.

in accordance with Article 43 (1), in conjunction with a legal regulation pursuant to Section 44 (1) (1), (2), (6), (7) or (9), producing a pre-packaged package, placing it within the scope of the law, placing it on the market or otherwise providing it on the market,

22.

in accordance with Article 43 (2), in conjunction with a legal regulation pursuant to Section 44 (1) (11), manufactures a pre-filled package, spends it into the scope of the law, places it on the market or provides otherwise on the market,

23.

in accordance with the second sentence of the second sentence of the second sentence of paragraph 50 (2), point 1 to 6 or point 8 or the second sentence of Article 55 (1), point 3, 4 or point 6,

24.

does not tolerate a measure, or does not support a competent authority or a representative, in accordance with the first sentence of Article 52 (5) or the first sentence of Article 56 (3);

25.

, contrary to § 52 (5) sentence 3 or § 56 (3) sentence 2, an information is not issued, not correct, not complete or not in time, or

26.

a legal regulation pursuant to Section 41 (4), (6), (7), (8) or (10) or a enforceable order shall be contrary to such a decree, in so far as the legal regulation refers to this fine for a particular offence.

(2) In the cases referred to in points 1, 14, 15, 19, 21 and 22 of paragraph 1, the administrative offence may be subject to a fine of up to EUR 50 000, in the cases referred to in paragraph 1, point 13, with a fine of up to ten thousand euros and in the other cases with a fine of up to EUR 50 000. a fine of up to twenty thousand euros. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is, in the cases referred to in paragraph 1 (4), the recognition according to § 11 (1) sentence 1 or sentence 2 of the Act of Administrative Offences Place. Unofficial table of contents

Section 61 confiscation

If an offence has been committed in accordance with Article 60 (1), objects which have been or have been used for the purpose of their observance or preparation may be recovered and objects to which the administrative offence is concerned shall be recovered. § 23 of the Law on Administrative Offences shall apply.

Section 8
Transitional and final provisions

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Section 62 Transitional provisions

(1) Measuring instruments, which are to be held until 31 December 2014 according to § § 28a, 30 of the Eichordnung of 12 August 1988 (BGBl. 1657), as last amended by Article 1 of the Regulation of 6 June 2011 (BGBl I). 1035), which have been handed over until 31 December 2014, may be placed on the market, put into service and used. (2) In the case of measuring instruments, the design of which shall be valid until 31 December 2014 in accordance with § 16 of the Subject to the provisions of sentence 2 until the end of the validity of the authorisation, and no later than 31 December 2024, subject to the provisions of the second sentence, it shall be presumed to be irrefutable that the type of construction used for the said structure shall be subject to the conditions laid down in the Measuring instruments shall comply with the essential requirements of § 6 (2). In the case of measuring instruments within the meaning of Directive 2004 /22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments (OJ L 327, 30.4.2004, p. 1), the construction of which has been authorised by 31 December 2014 in accordance with Article 16 of the Verification Regulation, in the version currently in force, shall be valid until the end of the validity of the authorisation, at the latest by 30 June 2008. In October 2016, it was considered that the design complies with the essential requirements of Section 6 (2) applicable to these measuring instruments. (3) Recognition of bodies for the implementation of conformity assessment procedures, which are up to 1. August 2013 pursuant to § § 7g or 7n of the Verification Ordination in the version in force until 1 August 2013, their validity shall remain valid until 31 December 2016 at the latest; § 43 (2) of the Administrative Procedure Law shall remain unaffected. (4) Recognition of test stations for the calibration of measuring instruments for electricity, gas, water or Heat which has been granted until 31 December 2014 in accordance with § 49 of the Verification Ordination in the version currently in force shall retain its validity until no later than 31 December 2016; § 43 (2) of the Administrative Procedure Act shall remain unaffected.