Law on the provision of products on the market (Product Safety Act-ProdSG)
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ProdSG
Date of completion: 08.11.2011
Full quote:
" Product Safety Act of 8 November 2011 (BGBl. I p. 2178, 2179; 2012 I p. 131) "
Footnote
(+ + + Text evidence from: 1.12.2011 + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 95/2001 (CELEX Nr: 32001L0095)
ERL 95/2006 (CELEX Nr: 32006L0095)
ERL 9/94 (CELEX Nr: 31994L0094)
ERL 105/2009 (CELEX Nr: 32009L0105)
EWGRL 324/75 (CELEX Nr: 31975L0324)
EGRL 23/97 (CELEX Nr: 31997L0023)
ERL 42/2006 (CELEX Nr: 32006L0042)
ERL 16/95 (CELEX Nr: 31995L0016)
EGRL 14/2000 (CELEX Nr: 32000L0014)
EGRL 142/2009 (CELEX Nr: 32009L0142)
EWGRL 686/89 (CELEX Nr: 31989L0686)
ERL 48/2009 (CELEX Nr: 32009L0048)
EC Directive 25/94 (CELEX Nr: 31994L0025)
EGBes 768/2008 (CELEX Nr: 32008D0768) + + +)
The G was decided as Art. 1 of the G v. 8.11.2011 I 2178 of the Bundestag with the consent of the Bundesrat. It's gem. Article 37 (1) sentence 2 of this G entered into force on 1 December 2011.
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Content Summary
Section 1General provisions
| § 1 |
Scope |
| § 2 |
Definitions |
Section 2Requirements for the
Provision of products on the
Market as well as for the delivery of products
| § 3 |
General requirements for the provision of products on the market |
| § 4 |
Harmonized standards |
| § 5 |
Standards and other technical specifications |
| § 6 |
Additional requirements for the provision of consumer products on the market |
| § 7 |
CE marking |
| § 8 |
Authorisation to enact legal orders |
Section 3Provisions on the
Authority to be granted authority
| § 9 |
Tasks of power-issuing authority |
| § 10 |
Requirements for authority to be granted authority |
| § 11 |
Powers of power-issuing authority |
Section 4Notification of
Conformity assessment bodies
| § 12 |
Applications for notification |
| § 13 |
Requirements for the conformity assessment body for its notification |
| § 14 |
Presumption of conformity |
| § 15 |
Notification procedure, grant of power |
| § 16 |
Obligations of the notified body |
| § 17 |
Reporting requirements of the notified body |
| § 18 |
Branch undertakings of a notified body and subcontracting |
| § 19 |
Revocation of the power granted |
Section 5GS-Character
| § 20 |
GS character recognition |
| Section 21 |
Duties of the Office of the GS |
| Section 22 |
Obligations of the manufacturer and the importer |
| Section 23 |
GS digits |
Section 6Market monitoring
| § 24 |
Responsibilities and cooperation |
| Section 25 |
Tasks of the market surveillance authorities |
| Section 26 |
Market surveillance measures |
| § 27 |
Addressees of market surveillance measures |
| § 28 |
Rights and powers |
Section 7Information and reporting obligations
| § 29 |
Support obligation, reporting procedures |
| § 30 |
RAPEX Rapid Information System |
| Section 31 |
Publication of information |
Section 8Special provisions
| Section 32 |
Tasks of the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin |
| § 33 |
Committee on Product Safety |
Section 9-Need for surveillance
| Section 34 |
Authorisation to enact legal orders |
| § 35 |
Powers of the competent authority |
| § 36 |
Right of access of the authorised monitoring body |
| Section 37 |
Implementation of the audit and supervision, authorisation |
| § 38 |
Supervisory authorities |
Section 10Criminal and monetary rules
| § 39 |
Fines |
| § 40 |
Criminal provisions |
System Design of the GS mark
Section 1
General provisions
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§ 1 Scope
(1) This Act shall apply if products are made available, issued or used for the first time in the course of a business activity. (2) This Act shall also apply to the establishment and operation of equipment in need of supervision, which shall: commercial or economic purposes, with the exception of installations in need of surveillance
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the vehicles of magnetic levitation trains, to the extent that these vehicles are subject to the provisions of the Federal Government for the construction and operation of such trains,
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the rolling stock of railways, with the exception of cargo containers, to the extent that this material is subject to the provisions of the construction and operating regulations of the Federal Government and of the Länder,
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in mining companies, except in their day-to-day facilities.
(3) This Act shall not apply to:
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antiquities,
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used products which have to be repaired or re-processed prior to their use, provided that the economic operator sufficiently informs the person to whom they are given,
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Products intended for use exclusively for military purposes,
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food, feed, live plants and animals, products of human origin and products of plants and animals which are directly related to their future reproduction;
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Medical devices within the meaning of § 3 of the Medical Devices Act, unless otherwise specified in the Medical Devices Act,
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Packagings (such as transportable pressure equipment, packagings and tanks) for the transport of dangerous goods, in so far as they are subject to these traffic regulations; and
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Plant protection products within the meaning of Section 2 (9) of the Plant Protection Act or of Article 2 (1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 December 2009 On the marketing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC (OJ No L 73, 27.3.1979, p. OJ L 309, 24.11.2009, p. 1).
The provisions of point 2 and 5 shall not apply to the provisions of Section 9 of this Act. (4) The provisions of this Act shall not apply to the extent that such provisions are provided for in other legislation or are more stringent. Sentence 1 shall not apply to the provisions of Section 9 of this Act.
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§ 2 Definitions
For the purposes of this Act
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Accreditation shall be the confirmation by a national accreditation body that a conformity assessment body shall comply with the requirements laid down in harmonised standards and, where appropriate, additional requirements, including those in relevant sectoral accreditation schemes, in order to carry out a specific conformity assessment activity;
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provides the offering, installation or presentation of products for the purposes of advertising or the provision of products on the market,
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An exhibitor shall be any natural or legal person issuing a product,
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Provision shall be made available on the market of 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;
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is intended for use
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a)
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the use for which a product is provided for in accordance with the particulars of the person who places it on the market, or
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the usual use resulting from the design and design of the product;
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' s representative shall be any natural or legal person established within the European Economic Area who has written to the manufacturer, in writing, to carry out, on his behalf, certain tasks in order to fulfil his obligations under the relevant provisions of the legislation of the European Union,
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CE marking is the marking by which the manufacturer declares that the product satisfies the applicable requirements laid down in the EU harmonisation legislation which prescribates its affixing,
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, importer shall be any natural or legal person established in the European Economic Area who places a product on the market from a State not belonging to the European Economic Area,
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Is a serious risk of any risk that requires rapid intervention by market surveillance authorities, even if the risk does not have a direct impact,
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the risk is the potential cause of damage,
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is a conformity assessment body, which has been granted the power to grant the GS mark to a conformity assessment body,
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Dealers shall be any natural or legal person in the supply chain who provides a product on the market, with the exception of the manufacturer and the importer,
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the harmonised standard is a standard which is one of the standards laid down in Annex I to Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules for information society services (OJ C 327, 22.4. 37), as last amended by Directive 2006 /96/EC (OJ L 327, 21.12.2006, p. 81), established European standardisation bodies on the basis of a request from the European Commission pursuant to Article 6 of that Directive,
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Manufacturer shall be any natural or legal person who produces or manufactures a product and markets this product under his or her own name or trademark; and any person who is responsible for the manufacture of such products shall be:
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a)
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bring his name, his trade mark or another distinctive mark to a product and thereby issue himself or herself as a producer; or
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Rework a product or influence the safety properties of a consumer product and then provide it on the market,
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the placing on the market of a product for the first time on the market; imports into the European Economic Area shall be the same as the placing on the market of a new product;
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Conformity assessment is the procedure for assessing whether specific requirements have been met for a product, a procedure, a service, a system, a person or a body,
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the conformity assessment body shall be a body carrying out conformity assessment activities, including calibrations, tests, certifications and inspections,
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Market surveillance shall be carried out by any activity carried out by the competent authorities and by measures taken by them to ensure that the products comply with the requirements of this law and that the safety and security of the products concerned are Do not endanger the health of persons or other areas of interest in the public interest;
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the market surveillance authority shall be any authority responsible for carrying out market surveillance;
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where a notified body is a conformity assessment body,
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a)
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the authority issuing authority has granted the power to carry out conformity assessment tasks in accordance with the rules of law in accordance with Article 8 (1), which have been adopted in order to implement or implement European Union legislation; and the authority issuing authority to the European Commission and the other Member States has been notified or
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b)
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The European Commission and the other Member States shall be notified as notified by a Member State of the European Union or of another State Party to the Agreement on the European Economic Area as a result of a European act the body has been notified;
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Notification shall be the notification of the authority issuing authority to the European Commission and the other Member States that a conformity assessment body shall carry out conformity assessment tasks in accordance with the provisions of paragraph 8 (1) of this Directive, or the implementation of legal regulations adopted by the European Union;
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products, substances or preparations which have been manufactured by a manufacturing process,
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the risk is the combination of the probability of occurrence of a hazard and the severity of the possible damage,
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Withdrawal is any measure intended to prevent a product in the supply chain from being made available on the market;
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Recall any measure aimed at restoring the return of a product provided to the final consumer;
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consumer products are new, second-hand or reprocessed products intended for consumers or which could be used by consumers under conditions reasonably foreseeable, even if they are not intended for use by consumers, which are intended; as consumer products, products which are made available to the consumer in the context of a service are also applicable,
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Products are ready for use if they can be used as intended without the need for additional parts to be inserted; ready-to-use products are also ready for use when
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all parts from which they are to be put together are placed on the market together by one person,
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they only need to be set up or connected, or
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they are placed on the market without the parts, which are usually procured separately and are inserted in the intended use,
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Foreseeable use shall be the use of a product in a manner not provided for by the person placing it on the market, but reasonably foreseeable,
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are economic operators, manufacturers, authorized agents, importer and distributors,
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Installations in need of surveillance
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steam boiler installations with the exception of steam boiler systems on sea-going vessels,
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Pressure vessel systems other than steam boilers,
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Plants for the filling of compressed, liquefied or pressurized gases,
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Internal pressure lines for combustible, corrosive or toxic gases, vapours or liquids,
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Elevator installations,
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Installations in potentially explosive atmospheres,
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Beverage cans and plants for the production of carbonated beverages,
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Acetylene plants and calcium carbide stockpiles,
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Installations for the storage, filling and transport of flammable liquids.
Installations in need of surveillance shall also include measuring, control and control devices designed to ensure the safe operation of such installations in need of monitoring; the equipment in need of surveillance referred to in points (b), (c) and (d) shall include: not the energy plants within the meaning of the Energy Economics Act. Installations in need of surveillance shall be equal to the products referred to in point 22, unless they are already covered by point 22,
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the authorities responsible for the control of external borders shall be the customs authorities.
Section 2
Prerequisites for the provision of products on the market as well as for the delivery of products
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§ 3 General requirements for the provision of products on the market
(1) Where a product is subject to one or more legal orders pursuant to Article 8 (1), it may only be made available on the market if:
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complies with the requirements laid down therein; and
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the safety and health of persons or other legal goods listed in the legal regulations referred to in Article 8 (1) are not at risk in the event of their intended use or foreseeable use.
(2) A product may only be made available on the market, insofar as it is not subject to paragraph 1, if it does not endanger the safety and health of persons in the event of intended or foreseeable use. In assessing whether a product complies with the requirement laid down in the first sentence, account shall be taken, in particular, of:
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the characteristics of the product, including its composition, its packaging, the instructions for its assembly, installation, maintenance and service life,
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the effects of the product on other products, to the extent that it is to be expected that it will be used in conjunction with other products;
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the presentation of the product, its labelling, the warnings, the instructions for use and the operating instructions, the information on its disposal, and any other product-related information or information,
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the groups of users who are more vulnerable to the use of the product than others.
The possibility of achieving a higher degree of safety or the availability of other products that pose a lower risk is not a sufficient reason to consider a product as dangerous. (3) If the protection of safety and security is not sufficient, it is not enough to be considered dangerous. Health is only guaranteed by the nature of the preparation of a product, it must be sufficiently pointed out in the case of the provision on the market, provided that no other regulations are provided for in the legal regulations according to § 8. (4) the use, addition or maintenance of a product to comply with certain rules, In order to ensure the protection of safety and health, the provision on the market must be provided with a instructions for use in the German language, provided that no other regulations are provided for in the legal regulations according to § 8 (5) A product which does not comply with the requirements referred to in paragraph 1 or 2 may be issued if the issuer clearly indicates that it does not meet those requirements and cannot be acquired until the relevant requirements are met. Match made. In the case of a performance, the necessary precautions shall be taken to protect the safety and health of persons.
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§ 4 Harmonized standards
(1) In assessing whether a product complies with the requirements of Article 3 (1) or (2), harmonised standards may be used. (2) In the case of a product which complies with harmonised standards or parts of those standards, the standards of which References have been published in the Official Journal of the European Union and shall be presumed to comply with the requirements laid down in Article 3 (1) or (2) in so far as they are covered by the relevant standards or parts of those standards. (3) Market surveillance authority considers that a harmonised standard shall cover the The Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Institute for Occupational Safety and Health) shall inform the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) if it does not fully comply with The Federal Institute for Occupational Safety and Health checks the notifications received for completeness and consistency; it participates in the Committee on Product Safety. It shall forward the reports to the relevant Federal Republic of Germany.
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§ 5 Standards and other technical specifications
(1) In assessing whether a product meets the requirements of Article 3 (2), standards and other technical specifications may be used. (2) In the case of a product, standards or other technical specifications, or parts of , which has been identified by the Committee on Product Safety and whose findings have been announced by the Federal Institute for Occupational Safety and Health in the Joint Ministerial Gazan, it is presumed that it will meet the requirements of in accordance with Article 3 (2), to the extent that these standards or other relevant standards technical specifications or parts thereof. (3) If the market surveillance authority considers that a standard or other technical specification does not fully comply with the requirements laid down by the market surveillance authority in accordance with Article 3 (2), the market surveillance authority shall shall inform the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin), stating the reasons This information will be provided to the Committee on Product Safety.
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§ 6 Additional requirements for the provision of consumer products on the market
(1) The manufacturer, his authorised representative and the importer shall each have, in the course of their business activities, in the provision of a consumer product on the market.
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ensure that the user receives the information he needs in order to identify the risks associated with the consumer product during the normal or reasonably foreseeable service life and which, without appropriate information, is available to the user are not directly identifiable, assess and be able to protect themselves against them,
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the name and contact address of the manufacturer or, if the manufacturer is not established in the European Economic Area, the name and contact address of the authorised representative or the importer,
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have clear markings to identify the consumer product.
The particulars referred to in points 2 and 3 of the first sentence shall be affixed to the consumer product or, where this is not possible, to the packaging of the latter. Exceptions to the obligations set out in paragraphs 2 and 3 of the first sentence shall be permitted where it is justifiable to omit such information, in particular because it is already known to the user or because it would involve a disproportionate effort to: (2) The manufacturer, his authorised representative and the importer shall, in the course of their business activities, make arrangements for appropriate measures to avoid risks which may be associated with the consumer product, which shall: they have made available on the market; the measures must: (3) The manufacturer, his authorised representative and the importer have in each case in the course of their business activities on the market in the market. Consumer products provided
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random sampling,
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to examine complaints and, if necessary, to conduct a complaints book and
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to inform the dealers of any other measures affecting the consumer product.
The samples which are offered depend on the degree of risk associated with the products and the possibilities of avoiding the risk. (4) The manufacturer, his authorised representative and the importer shall have the following in accordance with Annex I to the Directive 2001 /95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 327, 30.12.2001, p. 4) shall, in each case, inform the market surveillance authority of their place of business without delay, if they know or have to know, on the basis of the information available to them or their experience, that: the consumer product which they have made available on the market poses a risk to the safety and health of persons; in particular, they shall inform the market surveillance authority of the measures they have taken to avoid this The risk has been met. The Market Surveillance Authority shall immediately inform the Federal Institute for Occupational Safety and Health of the facts, in particular in the case of recalls. Information in accordance with the first sentence may not be used for the criminal prosecution of the teaching person or for proceedings under the law on administrative offences against the teaching staff. (5) The trader has to contribute to the fact that only secure consumer products on the market. In particular, it shall not provide a consumer product on the market from which he or she knows, or on the basis of the information available to him or his experience, that it does not comply with the requirements laid down in § 3. Paragraph 4 shall apply mutatily to the trader.
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§ 7 CE marking
(1) The CE marking shall be subject to the general principles referred to in Article 30 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 on the requirements for accreditation and market surveillance relating to the CE marking with the marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 339, 31.12.1993, p. 30). (2) It is prohibited to make a product available on the market,
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where the product, its packaging or any documents attached to it are marked with the CE marking, without the legal orders referred to in Article 8 (1) or any other legislation providing for this or without the requirements of paragraphs 3 to 5 is fulfilled, or
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which is not marked with the CE marking, although a regulation under Article 8 (1) or any other legislation prescribates its affixing.
(3) Unless otherwise provided for in Article 8 (1) or in any other legislation, the CE marking must be visible, legible and permanently affixed to the product or its nameplate. If the nature of the product does not permit or does not justify this, the CE marking shall be affixed to the packaging and to the accompanying documents, provided that the relevant documents are required. (4) The CE marking shall be followed by the Identification number of the notified body in accordance with Section 2, point 20, to the extent that this body was involved in the production control phase. The identification number must be affixed either by the notified body itself or by the manufacturer or his authorised representative in accordance with the instructions of the body. (5) The CE marking must be affixed before the product is placed on the market. After the CE marking and, where appropriate, the identification number, a pictogram or any other sign indicating a particular risk or use may be indicated.
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§ 8 Authorisation to enact legal regulations
(1) The Federal Ministries of Labour and Social Affairs, for the Economy and Technology, for Food, Agriculture and Consumer Protection, for the Environment, Nature Conservation and Nuclear Safety, for Transport, Building and Urban Development and the Defence , in agreement with the other previously mentioned Federal Ministries for Products, after consulting the Committee on Product Safety and with the consent of the Federal Council, authorizes legal regulations for the protection of the Safety and health of persons, protection of the environment and other -to introduce legal goods against risks arising from products, including obligations arising from intergovernmental agreements, or to implement or implement the legislation adopted by the European Union. These legal regulations can be used to regulate:
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Requests to
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the nature of products,
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the provision of products on the market,
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the delivery of products,
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the first-time use of products,
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the labelling of products;
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conformity assessment bodies,
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product-related retention and notification obligations,
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Obligation to handle conformity assessment bodies
as well as administrative measures and responsibilities relating to the requirements of point 1 and the obligations referred to in paragraphs 2 and 3, which are necessary to implement the acts adopted by the European Union, or (2) The Federal Government shall be authorized, with the consent of the Federal Council, to determine, by means of a legal regulation for individual product areas, that a body, the tasks of conformity assessment or the evaluation and verification of the Performance-resistance of products, for the proof of the products placed on them legal requirements of an accreditation certificate issued by a national accreditation body. In a legal regulation according to the first sentence, it is also possible to provide for the supervision of the activities of the bodies for individual product areas of the German Accreditation Body. Insofar as the Federal Government has not adopted a regulation pursuant to the first sentence of the first sentence, the State Governments are authorized to enact such a decree. (3) Legal orders referred to in paragraph 1 or paragraph 2 may, in urgent cases, in particular: if it is necessary for the immediate implementation or implementation of European Union legislative acts, without the consent of the Bundesrat, they shall enter into force no later than six months after the date of their entry into force. Your period of validity can only be extended with the approval of the Federal Council.
Section 3
Provisions on the authority to be granted authority
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Section 9 Tasks of the power to be granted authority
(1) The authority issuing authority shall grant conformity assessment bodies, upon request, the power to carry out certain conformity assessment activities. It shall be responsible for the establishment and implementation of the procedures necessary for this purpose. It shall also be responsible for the establishment and implementation of the procedures necessary for the monitoring of the conformity assessment bodies to which it has granted the power to carry out certain conformity assessment activities. (2) Authority issuing authority shall carry out the notification of conformity assessment bodies. (3) The authority issuing authority shall supervise whether the conformity assessment bodies to which they have the power to implement certain conformity assessment activities which fulfil the requirements and the requirements of comply with legal obligations. It shall take the necessary arrangements for the elimination of identified deficiencies or for the prevention of future infringements. (4) The authority issuing authority shall forward to the competent market surveillance authority, on request, the information provided for the purposes of the Task performance is required.
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Section 10 Requirements for the power to be granted to the authority
(1) Countries shall have the power to establish authority in such a way that there is no conflict of interest with the conformity assessment bodies; in particular, the power to be granted shall not be subject to activities which: conformity assessment bodies, offer or provide advisory services on a commercial or competitive basis. (2) Staff of the authority issuing the authority to carry out the assessment of a conformity assessment body , shall not take the decision on the granting of the power to: (3) The authority issuing authority must be able to provide competent staff in sufficient numbers so that it can carry out its tasks properly.
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Section 11 Powers of power-issuing authority
The authority issuing authority may, from the conformity assessment bodies to which it has granted the power to carry out certain conformity assessment activities, the information necessary for the performance of its monitoring tasks, and require other assistance and the necessary arrangements to do so. The authority issuing authority shall, in particular, be empowered to require it to be submitted with the documents on which the conformity assessment is based. They 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 this is necessary for the performance of their monitoring tasks. (2) The parties to the information shall be allowed to take 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. They shall be informed of their right to refuse to provide information.
Section 4
Notification of conformity assessment bodies
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§ 12 Applications for notification
(1) A conformity assessment body may, with the authority issuing authority, request the power to act as a notified body. (2) The conformity assessment body shall submit to the application referred to in paragraph 1 a description of the the conformity assessment activities, the conformity assessment procedures and the products for which it claims competence, and, where available, an accreditation certificate issued by a national accreditation body and in which: it certifies that the conformity assessment body meets the requirements of the 13. (3) If the conformity assessment body cannot present an accreditation certificate, it shall submit to the power issuing authority as proof all the documents necessary to verify, establish and regularly monitor Whether it meets the requirements of § 13.
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Section 13 Requirements for the conformity assessment body for its notification
(1) The conformity assessment body must have legal personality. It must be able to conclude contracts independently, acquire and dispose of immovable property and be able to sue and be sued in court. (2) The conformity assessment body must be an independent third party, who shall be responsible for the is not connected to the facility or the product he or she assesses. 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 which assesses the products in their design, manufacture, provision, assembly, use or Maintenance undertakings which shall be represented by this 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 top 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 products to be assessed, nor the authorized representative of any of the products to be assessed parties. This does not preclude the use of products already subject to conformity assessment, which are necessary for the activities of the conformity assessment body, nor the use of such products 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 applies in particular to 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 conformity assessment tasks for which, in accordance with their application in accordance with Article 12 (2), it claims competence, whether or not these tasks are fulfilled by themselves, on their behalf or under their responsibility. The conformity assessment body shall have, for each conformity assessment procedure and for each type and category of products for which it has submitted an application in accordance with Article 12 (2), the following:
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the required number of staff with expertise and sufficient experience to carry out the tasks of conformity assessment,
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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 the tasks it takes as a notified body and a distinction between other activities; and
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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,
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have a professional and vocational training qualification which qualifies them for all conformity assessment activities for which the conformity assessment body has submitted an application in accordance with Article 12;
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have a sufficient knowledge of the products and conformity assessment procedures and have the power to carry out such conformity assessments,
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have adequate knowledge and understanding of the essential requirements, the harmonized standards in force and the relevant provisions of the European Union's legislation on harmonisation and its implementing rules; and
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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 highest 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 shall have a (9) The staff of the conformity assessment body shall be entitled to the facts known to them as part of a conformity assessment, the facts of which shall be: Secrecy is in the interest of the conformity assessment body or a third party, shall not disclose or exploit unauthorised persons, even if their activities are terminated. The provisions relating to the protection of personal data to be observed by the conformity assessment body shall remain unaffected.
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Section 14 Conformity of conformity
(1) A conformity assessment body shall, by means of accreditation, comply with the criteria of 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 is presumed that it meets the requirements of § 13 to the extent to which the applicable harmonised standards cover these requirements. (2) If the authority issuing the power is of the opinion that a harmonized standard is the one of its in accordance with § 13, it shall inform the The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin). The Federal Institute for Occupational Safety and Health checks the notifications received for completeness and consistency; it participates in the Committee on Product Safety. She is responsible for the reports to the Federal Ministry of Labour and Social Affairs.
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Section 15 Notification procedure, granting of power
(1) Where the authority issuing authority has established that a conformity assessment body meets the requirements of § 13, it shall grant it the power to carry out conformity assessment tasks in accordance with the legal regulations referred to in Article 8 (1). have been adopted in order to implement or implement European Union legislation, and shall subsequently notify them by means of the electronic notification instrument developed by the European Commission, and is managed. The power shall be conferred on the postponing condition that after the notification
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within two weeks, provided that an accreditation certificate is available in accordance with Section 12 (2), or
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within two months, provided that no accreditation certificate has been provided in accordance with Article 12 (2),
Neither the European Commission nor the other Member States have objected. The power may be granted under further conditions and may be subject to conditions. It may be granted on a temporary basis and with the reservation of withdrawal as well as subsequent conditions. (2) The confirmation of competence shall not be based on an accreditation certificate in accordance with Section 12 (2), lays down the authority of the issuing authority of the European The Commission and the other Member States shall provide evidence of the documents confirming the competence of the conformity assessment body. It also sets out the agreements that have been made to ensure that the conformity assessment body is regularly monitored and always meets the requirements of § 13. (3) The authority issuing authority reports to the European Commission and the other Member States any subsequent amendment to the notification. (4) The authority issuing authority shall, on request, give the European Commission any information on the basis for the notification or the To maintain the competence of the body concerned.
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Section 16 Commitments to the notified body
(1) The notified body shall carry out the conformity assessment in accordance with the conformity assessment procedures in accordance with the legal regulations in accordance with Article 8 (1) and with due regard for proportionality. (2) The notified body shall establish that: a manufacturer has not complied with the requirements laid down in the legal regulations in accordance with Article 8 (1), it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate of conformity. (3) Notified body already issued a certificate of conformity and In the context of the monitoring of conformity, it shall establish that the product no longer meets the requirements, calls on the manufacturer to take appropriate corrective measures; if necessary, it shall issue or withdraw the certificate (4) Where no corrective measures are taken or are not sufficient to ensure compliance with the requirements, the notified body shall restrict, suspend or withdraw all the certificates of conformity concerned. (5) The notified body shall be notified of the relevant standardisation activities and Activities of the coordination group of notified bodies established within the framework of the relevant European Union legislation on harmonisation, or to ensure that their conformity assessment staff are informed of the is informed. It shall apply the administrative decisions and documents drawn up by this group as a general guideline.
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Section 17 Reporting requirements of the notified body
(1) The notified body shall report to the authority issuing the power
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any denial, restriction, suspension or withdrawal of a certificate of conformity,
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all circumstances which have consequences for the authority granted to the notified body in accordance with Article 15 (1),
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any request for information on conformity assessment activities which it has received from the market surveillance authorities;
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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 notified body shall transmit to the other notified bodies notified under the relevant European Union harmonisation legislation similar conformity assessment activities and similar products , relevant information on the negative and on demand also on the positive results of conformity assessments.
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§ 18 Branch companies of a notified body and subcontracting
(1) The notified body shall assign to subcontractors certain tasks associated with the conformity assessment or transfer them to a branch undertaking, it shall ensure that the subcontractor or the branch undertaking the (2) The notified body shall bear full responsibility for the work carried out by subcontractors or by branch undertakings, irrespective of the case, where these are established. (3) Work may only be carried out on a (4) The notified body shall keep the relevant documents relating to the assessment of the qualifications of the subcontractor or of the subcontractor concerned. A branch undertaking and the work carried out by it in accordance with the rules of law in accordance with Article 8 (1) for the authority to be granted the power to be granted.
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Section 19 Revocation of the power granted
(1) In the event that the authority issuing authority is established or is informed that a notified body no longer fulfils the requirements referred to in Article 13 or that it does not comply with its obligations, it shall revoke all or part of the obligations of the competent authority, or part of the powers granted. It shall immediately inform the European Commission and the other Member States thereof. (2) In the event of revocation referred to in paragraph 1, or where the notified body cedes its activity, the competent authority shall take the appropriate measures to ensure that: measures to ensure that the files of this body are further processed by another notified body and kept at the request of the authority issuing authority and the market surveillance authorities.
Section 5
GS Character
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§ 20 Recognition of the GS mark
(1) A product which is ready for use shall be accompanied by the GS mark in accordance with the Appendix if the symbol has been awarded by a GS body at the request of the manufacturer or his authorised representative. (2) This shall not apply if the ready-to-use product is ready for use. The product is marked with the CE marking and the requirements for this CE marking are at least equivalent to those in accordance with Article 21 (1).
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Section 21 Duties of the GS-Body
(1) The GS-digit may only be recognized by the GS mark if:
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the design tested complies with the requirements laid down in § 3 and, if it is a consumer product, in addition to the requirements laid down in § 6,
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the tested type complies with the requirements of other legislation with regard to ensuring the protection of the safety and health of persons,
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in the examination of the design, the specifications determined by the Product Safety Committee for the award of the GS mark have been applied,
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Arrangements have been made to ensure that the finished products are consistent with the design of the design.
The GS-digit has to document that these requirements are met. (2) The GS-digit has to issue a certificate for the recognition of the GS mark. The award shall be limited to a period of not more than five years, or shall be limited to a specific production quota or less. The GS-digit has to publish a list of the certificates issued. (3) The GS-digit shall take the necessary measures if it becomes aware that a product carries its GS mark without valid recognition. It shall immediately inform the other GS-bodies and the authority issuing authority of the abuse of the GS mark. (4) The GS-Position shall provide the public with information available to it on cases of misuse of the GS mark. (5) The GS-digit has to monitor the manufacture of the ready-to-use products and the lawful use of the GS mark with appropriate measures. If the requirements for the award of the GS mark are demonstrably no longer fulfilled, the GS-digit has to withdraw the award. It shall inform the other GS bodies and the authority issuing authority of the withdrawal of the award. The GS agency may suspend the award of the GS mark if there are reasonable doubts as to the legal recognition of the GS mark.
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Section 22 Duties of the manufacturer and the importer
(1) The manufacturer shall ensure that the ready-to-use products produced by the manufacturer comply with the design of the design. He has to accept the measures pursuant to § 21 (5). (2) The manufacturer may only use the GS mark and advertise with him if he has been issued a certificate pursuant to section 21 (2) of the GS-digit and as long as the requirements according to § 21 (1) are fulfilled. He may not use the GS mark or advertise with him if he has not issued a certificate pursuant to section 21 (2) or if the GS agency has withdrawn the award pursuant to section 21 (5) sentence 2 or suspended in accordance with § 21 (5) sentence 4 (3) In the design of the GS mark, the manufacturer must comply with the specifications of the installation. (4) The manufacturer must not use any sign or advertise with any sign that can be confused with the GS mark. (5) The importer shall be entitled to: The product that bears the GS mark will only be placed on the market if it has previously verified that the product is for the product a certificate in accordance with section 21 (2). He shall document the test referred to in the first sentence before placing the product on the market; the documentation shall be accompanied by at least the date of the examination referred to in the first sentence, the name of the GS body which issued the certificate in accordance with Article 21 (2), and the date of the examination. Number of the certificate for the recognition of the GS mark.
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§ 23 GS-posts
(1) A conformity assessment body may apply to the power-issuing authority to act as a GS body for a given role. The procedure for the examination of the application may be carried out in a single body in accordance with the provisions of the Administrative Procedure Act and must be completed within six months. The deadline shall begin with the receipt of the complete dossier. The authority issuing authority may extend this period once for a period of not more than three months. The period extension shall be sufficiently justified and communicated to the applicant in good time. (2) The authority issuing authority may only give such conformity assessment bodies the power to act as a GS body which shall: Meet the requirements of § § 13 and 18. Article 14 (1) and Article 19 (1), first sentence, and (2) shall apply accordingly. (3) The power may be granted under conditions and shall be subject to conditions. The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) appoints the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) for a limited period of time and with the reservation of revocation as well as subsequent conditions. The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) is known to the public by electronic means. (5) A conformity assessment body in another Member State of the European Union or the European Union. The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) can be designated by the authority to be designated as a GS-Body for a specific area of responsibility. The condition for the designation is that:
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an administrative agreement has been concluded between the Federal Ministry of Labour and Social Affairs and the respective Member State of the European Union or the European Free Trade Area, and
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it has been established in a procedure for the granting of an authority that the requirements of the administrative agreement referred to in point 1 are met.
The administrative agreement referred to in the second sentence must be governed by:
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the requirements to be met by the GS body in accordance with paragraph 2 and by Article 21 (2) to (5),
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the participation of the authority issuing authority in the procedure for the grant of a power to be exercised in the Member State concerned; and
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one of the principles of § 9 corresponding monitoring of the GS-digit.
Section 6
Market surveillance
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Section 24 competences and cooperation
(1) Subject to the provisions of sentences 2 and 3, market surveillance shall be the responsibility of the competent authorities in accordance with national law. Responsibilities for the implementation of this Act, which are assigned by other legislation, shall remain unaffected. Where the provisions of this Act are applied in accordance with Article 1 (4) in addition to provisions in other legislation, the competent authorities responsible for the implementation of the other legislation shall also be responsible for the implementation of the provisions of this Act. Provisions of this Act, unless otherwise provided for. In the Division of the Federal Ministry of Defence, the market surveillance shall be the responsibility of the Federal Ministry of Defence and the bodies designated by it. (2) The market surveillance authorities referred to in paragraph 1 shall cooperate with the authorities responsible for the control of the market. of the external borders in accordance with section 3 of Chapter III of 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, be able to obtain the information they have obtained on the release of products for free circulation. (3) The authorities responsible for the control of the external borders and the market surveillance authorities shall, within the framework of the law in force, protect trade secrets and personal data.
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Section 25 Tasks of the market surveillance authorities
(1) Market surveillance authorities shall ensure effective market surveillance on the basis of a monitoring concept. In particular, the monitoring concept shall include:
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the collection and analysis of information on the identification of the points of gravity and the flow of goods,
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the establishment and implementation of market surveillance programmes on the basis of which the products are reviewed; the market surveillance programmes shall be regularly updated.
Market surveillance authorities shall review and evaluate the effectiveness of the monitoring concept on a regular basis, at least every four years. (2) Market surveillance authorities shall, in accordance with paragraph 1 (2), issue the market surveillance programmes to the public (3) Countries shall ensure that their market surveillance authorities are able to carry out their duties properly. To do so, they equip them with the necessary resources. They shall ensure efficient cooperation and the effective exchange of information between their market surveillance authorities and between their market surveillance authorities and those of the other Member States of the European Union. They ensure that the monitoring concept is developed and continued and that transnational actions are prepared to avoid serious risks. (4) Market surveillance authorities are responsible for the market surveillance authorities of others. Member States in the extent necessary for the fulfilment of the tasks of the Member States. To this end, they shall provide the necessary information and documentation, carry out appropriate studies or other appropriate measures and participate in investigations initiated in other Member States.
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Section 26 Market surveillance measures
The market surveillance authorities shall, on the basis of appropriate samples, check, in an appropriate manner and to an appropriate extent, whether the products comply with the requirements of Section 2 or in accordance with other legislation, in respect of which the products referred to in Article 1 (4) the provisions of this Act shall be applied in addition to the provisions of this Act. To do so, they shall check the documents or, if appropriate, carry out physical checks and laboratory tests. In the case of the samples in accordance with the first sentence, they shall be based on an indicative value of 0.5 samples per 1 000 inhabitants per year; this shall not apply to products in which the provisions of this law shall be applied in addition to the provisions of Section 1 (4). Market surveillance authorities shall take into account the applicable principles of risk assessment, received complaints and other information. (2) The market surveillance authorities shall take the necessary measures if they are suspected of having justified suspicion that a product does not comply with the requirements laid down in Section 2 or in accordance with other provisions in respect of which, in accordance with Article 1 (4), the provisions of this Act are applied in addition. They shall in particular be entitled to:
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prohibit the delivery of a product if the requirements of Section 3 (5) are not met,
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to arrange for measures to ensure that a product is not provided on the market until it meets the requirements laid down in Article 3 (1) or (2),
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to order a product to be inspected by a notified body, a GS body or a body which is appropriate in the same way,
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prohibit the supply of a product on the market or the delivery of a product for the period of time which is absolutely necessary for the examination;
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to ensure that appropriate, clear and easily comprehensible information on risks associated with the product is applied in the German language,
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to prohibit the provision of a product on the market,
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to order the withdrawal or recall of a product made available on the market;
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to ensure that a product is destroyed, destroyed, or otherwise unusable,
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to order the public to be warned of the risks associated with a product made available on the market; the market surveillance authority may itself warn the public if the economic operator is not or not , warns or does not take any other equally effective measure in good time or not in time.
The market surveillance authority shall immediately revoke or amend a measure referred to in paragraph 2 as soon as the economic operator proves that it has taken effective action. (4) The market surveillance authorities shall have the recall or withdrawal of To prohibit the provision of products on the market or to prohibit the provision of products on the market if they pose a serious risk, in particular, to the safety and health of persons. The decision as to whether a product poses a serious risk shall be taken on the basis of an appropriate risk assessment, taking into account the nature of the risk and the likelihood of its entry; the possibility of a higher Reaching a level of safety or the availability of other products which pose a lower risk is not sufficient reason to assume that a product presents a serious risk. (5) The market surveillance authority shall adopt a decision to: to take the product from the market in another Member State of the European Union or to any other State Party to the Agreement on the European Economic Area, it shall inform the economic operator concerned in accordance with Article 19 (3) of Regulation (EC) No 765/2008.
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Section 27 addressees of market surveillance measures
(1) The measures of the market surveillance authority shall be directed against the relevant economic operator or exhibitor. Measures against any other person shall be permitted only as long as a current serious risk cannot be averted in any other way. If the other person is to be damaged by the measure, he/she shall be replaced unless the person may otherwise obtain a replacement or his/her property is protected by the measure. (2) The person concerned under paragraph 1 shall be present To hear the adoption of the measure in accordance with Section 28 of the Administrative Procedure Law, on the understanding that the hearing period shall not be less than ten days. If a measure has been taken without the person concerned being heard, the person concerned will be given the opportunity to express his views as soon as possible. The measure will then be reviewed immediately.
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Section 28 Rights and powers
(1) The market surveillance authorities and the persons appointed by them shall be empowered to enter business premises and premises at the operating and business hours, in or on those products within the framework of a business activity
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are produced,
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for the first time,
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are stored on the market for the purpose of providing them; or
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are issued,
as far as is necessary for the performance of their monitoring tasks. They have the power to inspect, inspect or have these products inspected, and, in particular, to be put into service for this purpose. These inspection and audit powers shall also have the authority of the market surveillance authorities and their representatives if the products are provided in seaports for further transport. Where the control has shown that the product does not meet the requirements laid down in Section 2, the market surveillance authorities shall charge the costs of surveys and tests in accordance with the rates 2 and 3 of the persons who manufacture the product or to the (2) The market surveillance authorities and the persons appointed by them may take samples, request samples and the documents required for their performance; and Request information. The samples, samples, documents and information shall be made available to them free of charge. (3) The market surveillance authorities may be provided by the notified bodies and the GS bodies, as well as the authorities responsible for conducting and carrying out the technical tasks. to request the information and documents required for the performance of their duties. They shall inform the competent authority in the event of their action in accordance with the first sentence of the first sentence. (4) The economic operators and the exhibitors shall each have to submit measures under paragraphs 1 and 2, as well as the market surveillance authorities and their respective authorities. To support the Commissioner. The economic operators, the exhibitors and the staff referred to in the first sentence of paragraph 3 shall be required to provide the market surveillance authority with the information necessary for the fulfilment of the duties of the market surveillance authority. The parties to the information may refuse to answer questions if 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 one of the members of the civil procedure, Proceedings under the Law on Administrative Offences would be suspended. They shall be informed of their right to refuse to provide information.
Section 7
Information and reporting obligations
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Section 29 Support obligation, notification procedure
(1) The market surveillance authorities and the Federal Institute for Occupational Safety and Health have to support each other and inform each other of measures under this law. (2) The Market Surveillance Authority (Market Surveillance Authority) is to take a measure in accordance with § § § § § 3. 26 (2), which prohibits or restricts the provision of a product on the market, or where it is ordered to be withdrawn or withdrawn, shall inform the Federal Institute for Occupational Safety and Health and Health and Safety the measure. It shall also indicate whether the measure is outside the scope of this Act or whether the effects of this measure extend beyond the scope of this Act. Where the product is marked with the CE marking and it follows the identification number of the notified body, the market surveillance authority shall inform the notified body and the authority issuing the authority of the measure it has taken. If the product is marked with the GS mark, the market surveillance authority shall inform the GS agency, which has granted the GS mark, and the authority issuing the authority over the measure it has taken. (3) The Federal Agency for Occupational Safety and Health In accordance with the first sentence of paragraph 2, the notifications received shall be checked for completeness and conclusiveness. It shall forward these notifications to the European Commission and to the other Member States of the European Union if the market surveillance authority has indicated that the reason for the action is outside the scope of this law, or (4) The Federal Institute for Occupational Safety and Health informs the market surveillance authorities as well as the relevant federal ministries of reports of the European Commission or any other Member State of the European Union.
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§ 30 RAPEX Rapid Information System
(1) In the event that the Market Surveillance Authority takes or intends to take a measure pursuant to Article 26 (4), it shall immediately inform the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Institute for Occupational Safety and Health) of this measure. It shall also indicate whether the measure is outside the scope of this Act or whether the effects of this measure extend beyond the scope of this Act. In addition, the Federal Institute for Occupational Safety and Health shall inform the Federal Institute for Occupational Safety and Health without delay of any changes to such a measure or its withdrawal. (2) If a product has been made available on the market, which constitutes a serious risk, it shall the market surveillance authority shall also inform the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Agency for Occupational Safety and Health) of any measures taken voluntarily by an economic operator and communicated to the market surveillance authority. (3) In the case of information provided for Paragraphs 1 and 2 shall provide all available information, in particular: the data required for the identification of the product, the origin and supply chain of the product, the hazards associated with the product, the nature and duration of the action taken, and the voluntary nature of the economic operators (4) The Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Institute for Occupational Safety and Health) is reviewing the notifications received for completeness and consistency. It shall immediately forward these notifications to the European Commission and to the other Member States of the European Union if the Market Surveillance Authority has indicated that the reason for the action outside the scope of this Regulation shall be law, or that the effects of this measure extend beyond the scope of this law. The system shall be used for market surveillance and exchange of information in accordance with Article 12 of Directive 2001 /95/EC. The Federal Institute for Occupational Safety and Health informs the market surveillance authorities as well as the relevant federal departments about reports that they are going to pass through the system.
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Section 31 Publication of information
(1) The Federal Institute for Occupational Safety and Health makes publicly known arrangements in accordance with Article 26 (2), second sentence, points 6, 7, 8 and 9 and paragraph 4, which have become indisputable or whose immediate enforcement has been ordered. Personal data may only be published if it is necessary for the identification of the product. If the conditions for the publication of personal data are no longer available, the publication shall not be published. Data already published electronically must be removed immediately if this is technically possible. (2) The market surveillance authorities and the Federal Institute for Occupational Safety and Health have the public, preferably on electronic means of providing information on other available information on products which are associated with risks to the safety and health of persons. This applies in particular to information on the identification of the products, the nature of the risks and the measures taken. If the publication of the information reveals operational or trade secrets or information relevant to competition, which is equivalent to the nature of trade secrets, the persons concerned shall be consulted prior to publication. The publication of personal data shall be permitted only if:
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the person concerned has consented to, or
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it is indispensable for the prevention of risks to the safety and health of persons and does not prevent the interests of the person concerned that are worthy of protection.
Prior to publication, the person concerned shall be consulted. If the conditions for the publication of personal data are no longer available, the publication shall not be published. Data already published electronically shall be removed without delay, insofar as this is technically possible. (3) Information referred to in paragraph 2 may not be published to the extent that:
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it may affect the confidentiality of advice from public authorities or may pose a significant risk to public safety,
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the data are the subject of an ongoing judicial procedure, criminal investigation, disciplinary proceedings or the procedural violation of the law, or
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the protection of intellectual property, in particular the copyright, outweighs the right to information.
(4) The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) may inform the public of an information which has already been made to the public by the person concerned about any withdrawal or recall that he has caused. (5) in retrospect, the information provided to the public by the market surveillance authorities and the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) is incorrect or that the underlying circumstances are rendered inaccurate , they shall inform the public without delay in the of the same way in which they have previously disclosed the information in question, provided that:
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this is necessary in order to safeguard the interests of the common good, or
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the person concerned so requests.
Section 8
Special provisions
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Section 32 Tasks of the Bundesanstalt für Arbeitsschutz und Arbeitsmedizin
(1) The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) determines and evaluates, within the framework of its general research contract, preventive safety risks and health risks associated with the use of products and makes them (2) In individual cases, the Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) shall, in coordination with the market surveillance authorities, present risk assessments of products if there is sufficient evidence that: of them an imminent threat to the safety and health of People who run out or are at serious risk of being connected with them. The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) shall immediately inform the competent market surveillance authority and, in coordination with it, the relevant economic operator about the result of the evaluation. (3) (4) The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) supports the market surveillance authorities in the event of a risk assessment of products. in the development and implementation of the monitoring concept in accordance with § 25 (1), in particular by scientifically evaluating defects found in the nature of products. It shall regularly inform the market surveillance authorities and the Committee on Product Safety of the state of the findings and shall publish the findings regularly in the central product safety portal it operates. The provisions relating to the collection, processing and use of personal data for the purposes of scientific research shall remain unaffected.
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Section 33 Committee on Product Safety
(1) A Committee for Product Safety is set up at the Federal Ministry of Labour and Social Affairs. (2) The Committee has the tasks,
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advise the Federal Government on questions of product safety,
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to identify standards and other technical specifications where there is no harmonised standard for a product,
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to identify the specifications referred to in Article 21 (1), first sentence, point 3; and
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Make recommendations with regard to the suitability of a product for the recognition of the GS mark.
(3) The Committee shall be composed of experts from the market surveillance authorities, the conformity assessment bodies, the institution of the statutory accident insurance scheme, the German Institute for Standardization (Deutsches Institut für Normung e). V., the Commission on Occupational Safety and Standardization, the employers ' associations, the trade unions and the associations involved, in particular the manufacturers, distributors and consumers. Membership is honorary. (4) The Federal Ministry of Labour and Social Affairs convenes in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection and the Federal Ministry for Economic Affairs and Technology the Members of the Committee and for each member a deputy or deputy. The committee shall adopt its rules of procedure and elect the chairman or chairperson from his centre. The number of members shall not exceed 21. The rules of procedure and the election of the chairman require the approval of the Federal Ministry of Labour and Social Affairs. (5) The Federal Ministries as well as the highest national authorities responsible for safety, health and the environment and the environment. The Federal Supreme Authorities have the right to be represented and heard at meetings of the Committee. (6) The business of the Committee is the Federal Institute for Occupational Safety and Health.
Section 9
Installations in need of surveillance
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Section 34 Authorisation to enact legal regulations
(1) In order to protect employees and third parties from hazards arising from installations which require special supervision with regard to their hazards (installations requiring surveillance), the Federal Government is authorized, after consultation of the parties concerned, to: to determine constituencies with the consent of the Bundesrat by means of a decree law,
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that the establishment of such facilities, their commissioning, the introduction of changes to existing installations and other circumstances relating to the installations must be indicated and accompanied by the notification of certain documents;
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that the establishment of such installations, their operation and the acceptance of amendments to existing installations require the authorisation of a competent authority or competent authority in accordance with the law of the European Union or the State of the State;
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that such installations or parts of such installations may be approved in general after a type-examination and that they may be subject to the general authorisation requirements for operation and maintenance;
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that such installations, in particular the establishment, manufacture, construction, materials, equipment and maintenance, as well as their operation, of certain requirements which meet the state of the art, must meet the requirements of the prior art;
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that such facilities are subject to an audit prior to commissioning, regular periodic inspections and audits on the basis of official orders.
(2) Rules relating to the setting up of technical committees may be laid down in the legal regulations referred to in paragraph 1. The committees are to advise the federal government or the German federal ministry on technical issues. They propose to the state-of-the-art rules (technical rules) taking into account the rules applicable to other protection objectives and, in so far as the powers of the latter are affected, in coordination with the Commission on Plant Safety, Section 51a (1) of the Federal Immission Protection Act. In addition to representatives of the federal authorities and the supreme federal authorities, the scientific community and the approved monitoring bodies within the meaning of section 37, the committees are in particular representatives of the employers, the trade unions and the institutions of the institutions. (3) Technical rules may be published by the Federal Ministry of Labour and Social Affairs in the Joint Ministerial Gazan. (4) A permit shall be issued in accordance with the provisions of paragraph 1 (2) of the Regulation, where the holder does not have the right to: Construction of the plant started, construction was interrupted for two years, or the plant did not operate for a period of three years. The deadlines may be extended on request for important reasons on request.
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Section 35 Powers of the competent authority
(1) The competent authority may, on a case-by-case basis, order the necessary measures to comply with the obligations imposed by Article 34 of the Law. It may also order the measures necessary in individual cases in order to prevent risks to employees or third parties. (2) The competent authority may order the decommissioning or disposal of an installation which is not based on a (3) In the case of a legal regulation pursuant to section 34 (1) (2), or without the examination required by means of a legal regulation pursuant to Article 34 (1) (5), it shall be established, operated or amended by an approved supervisory authority. (3) In the case of arrangements referred to in paragraph 1, the competent authority may: shall prohibit the installation in question until the condition corresponding to the arrangements is established. The same shall apply where an order is made by others, the establishment or the place of work in which the plant is operated.
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Section 36 Access right of the authorized supervisory authority
Owners of equipment and persons in need of surveillance who manufacture or operate such installations shall be obliged to make available to the authorised inspector bodies responsible for the inspection of the installations, at the request of the installations to make it possible to provide for the required or official examination, to provide the necessary manpower and tools and to provide the information and to provide the documents necessary for the performance of their tasks. . The fundamental right of Article 13 of the Basic Law is limited to this extent.
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Section 37 Implementation of the examination and supervision, authorisation of the regulation
(1) The examinations of the installations in need of surveillance shall be carried out by approved monitoring bodies, unless otherwise specified in the legal regulations issued in accordance with Article 34 (1). (2) For installations in need of surveillance
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1.
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the Federal Police can the Federal Ministry of the Interior,
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2.
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in the division of the Federal Ministry of Defense, this ministry,
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the Federal Railways, to the extent that the facilities are used for railway operation, the Federal Ministry of Transport, Building and Urban Development
(3) The Federal Government may, in accordance with Section 34 (1) of the Law, determine with the consent of the Federal Council the requirements to which the approved monitoring bodies referred to in paragraph 1 of this Article shall be subject to the requirements of the over and above the general requirements referred to in paragraph 5 for a delegation of powers. (4) The State Governments may, by means of legal regulations,
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the details of the procedure for the granting of a power pursuant to paragraph 5,
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lay down other conditions for the granting of the power to an approved monitoring body referred to in paragraph 1, in so far as it is necessary to ensure the safety of the installations; and
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the collection of monitoring systems in need of surveillance by file leading authorities.
The legal regulations referred to in the first sentence may also include obligations of the approved monitoring bodies.
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for the purpose of monitoring the timely instigation of the periodic checks provided for in a regulation in accordance with Article 34 (1), including the inspections for the elimination of defects and for informing the competent authority of: Non-observance,
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in order to ensure a comprehensive range of testing services required for the testing of equipment in need of surveillance,
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for the creation and management of plant files,
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for the transmission of the information necessary for the performance of its tasks to the competent authority,
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to participate in the costs file of leading positions for the creation and management of plant files and
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for the transmission of information to file leading to the performance of their tasks
(5) The responsible supervisory authority shall be designated by the competent authority of the State as the authority responsible for a specific mission to the Federal Ministry of Labour and Social Affairs and known by the Federal Ministry of Labour and Social Affairs in the Joint Ministerial Gazing made up of the surveillance authority. The monitoring body may be designated where the authority issuing authority has established, in a procedure, that compliance with the following general requirements and the provisions of a legal regulation referred to in Article 34 (1) are complied with. specific requirements are guaranteed:
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Independence of the monitoring body and its staff responsible for managing or carrying out the technical tasks of persons involved in the planning or manufacture, distribution, operation or maintenance of the surveillance of equipment in need of surveillance, or otherwise dependent on the results of the test or certificate;
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the availability of the organisational structures, the necessary staff and the necessary resources and equipment required for the appropriate independent performance of the tasks;
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adequate technical competence, professional integrity and experience, as well as the professional independence of the staff responsible;
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The existence of civil liability insurance;
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the maintenance of operational and trade secrets, which have become known in connection with the activities of the approved monitoring body, against unauthorised disclosure;
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compliance with the procedures laid down for the carrying out of tests and the issuing of certificates;
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the collection and evaluation of the findings of the audits and the provision of information to staff in a regular exchange of experience;
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Cooperation with other approved monitoring bodies for the exchange of knowledge gained in the context of the activity, insofar as this may serve to prevent damage.
As authorised monitoring bodies, in particular for the implementation of acts of the Council or of the Commission of the European Union relating to the subject-matter of this Act, it may also include audit bodies of undertakings or groups of undertakings without Compliance with the requirements set out in point 1 of the second sentence of the second paragraph shall be specified if this is provided for in a legal regulation pursuant to § 34 (1) and the requirements laid down therein are fulfilled. (6) The power may be granted under conditions and subject to conditions . It is on a temporary basis and can be issued with the reservation of revocation and subsequent conditions. The Federal Ministry of Labour and Social Affairs shall immediately notify the Federal Ministry of Labour and Social Affairs of the granting, expiry, withdrawal, withdrawal, revocation and erasure. (7) The authority issuing authority shall supervise the fulfilment of the general requirements referred to in the second sentence of paragraph 5, and the specific requirements laid down in a legal regulation pursuant to Article 34 (1). It may require the approved monitoring body and its staff responsible for managing and carrying out the technical tasks to provide the necessary information and other assistance in order to carry out its monitoring tasks, as well as to: take the necessary arrangements. Their representatives are entitled to enter and visit land and commercial premises at the operating and business hours, as well as to require the submission of documents for the issuing of certificates. The persons responsible for providing the information shall be subject to the measures provided for in the third sentence. (8) The competent authorities responsible for the implementation of the legal orders issued in accordance with Article 34 (1) may be responsible for carrying out the measures adopted pursuant to Article 34 (1) and the competent authorities responsible for the management and the management of the To carry out the technical tasks of the staff responsible for the performance of their duties and to require other assistance and the necessary arrangements to do so. Their representatives are entitled to enter and visit land and commercial premises at the operating and business hours, as well as to require the submission and submission of documents for the issue of certificates. When they act in accordance with sentences 1 and 2, they shall have the authority to inform the issuing authority.
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§ 38 Regulators
(1) The supervision of the execution of the legal regulations issued in accordance with Section 34 (1) shall be the responsibility of the competent authorities in accordance with national law. In this connection, § 22 (1) and (2) and Section 23 (2) of the German Labor Protection Act (Arbeitsschutzgesetz) are applicable. (2) The supervision of installations subject to supervision by the Federal Administration may be subject to supervision in accordance with Article 34 (1) of the Act. Federal Ministry of the Interior or another Federal Ministry for several business units of the Federal Administration; the Federal Ministry may transfer the supervision of a body designated by it. § 48 of the Bundeswasserstraßengesetz and § 4 of the Bundesfernstraßengesetz remain unaffected.
Section 10
Criminal and penal rules
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Section 39 Penal rules
(1) Contrary to the law, those who intentionally or negligently act
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Contrary to Article 3 (3), there is no indication, not correct, not complete or not in good time,
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Contrary to § 3 (4), a manual of use, not correct, not complete, not provided in the prescribed manner or in a timely manner,
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, contrary to Article 6 (1) sentence 1, point 2, does not apply a name or a contact address, not correct, not complete or not in good time,
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Contrary to Article 6 (4) sentence 1, the competent market surveillance authority shall not, not properly, be informed in full or in time,
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contrary to Article 7 (1) in conjunction with the first sentence of Article 30 (5) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the rules for accreditation and market surveillance relating to the Marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 136, 31.3.1993, p. 30) provides for labelling, a sign or an inscription on a product,
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provides a product on the market, contrary to Article 7 (2),
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a legal regulation in accordance with
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a)
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§ 8 (1), second sentence, point 1 or point 3, or § 34 (1) (2), (4) or (5), or
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b)
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Section 8 (1), second sentence, point 2 or section 34, paragraph 1, point 1
or a enforceable order under such a decree, provided that the legal regulation refers to that fine for a particular case,
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a fully-retractable arrangement according to
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a)
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§ 11 (1) sentence 1 or sentence 2, § 26 (2) sentence 2, point 1 or point 3, or § 37, paragraph 7, sentence 2, or
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b)
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The second sentence of Article 26 (2), points 2, 4, 6 to 8 or 9 or 4, sentence 1, is contrary to the provisions of the first sentence of paragraph 2 of
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, contrary to the second sentence of Article 22 (2) or (4), uses or acquires a sign referred to in that paragraph,
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Contrary to Article 22 (3), the provisions of points 1, 2, 3, 4, 7, 8, sentence 1, 9 sentence 2 or sentence 3 or 10 shall not be complied with,
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, contrary to § 22 (5) sentence 2, an examination is not documented, not correct, not complete or not documented in time,
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does not tolerate a measure or does not support a market surveillance authority or a representative, contrary to the first sentence of Article 28 (4), sentence 1,
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Contrary to § 28 (4) sentence 2, information is not provided, not correct, not complete or not in good time,
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Contrary to § 36 sentence 1, an annex shall not be made available or not accessible in good time, an examination is not permitted, a worker is not provided, or does not provide an aid in time, an indication is not, not correct, not complete or not does in good time or does not submit a document in good time,
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Contrary to Article 38 (1), second sentence, in conjunction with Article 22 (2) sentence 6 of the German Labour Protection Act (Arbeitsschutzgesetz), a measure is not tolerated
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of a directly applicable provision in legal acts of the European Community or of the European Union which shall be subject to the content of:
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a)
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Point 8 (b) or
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b)
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Points 1 to 6, 8 (a) or 11 to 13
, where a legal regulation referred to in paragraph 3 refers to that fine for a particular offence, or
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of a directly applicable provision in legal acts of the European Community or of the European Union or of a enforceable order on the basis of such a provision which corresponds in substance to a system to which the provisions in question
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a)
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Point 7 (a) or
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b)
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Point 7 (b)
, to the extent that a legal regulation referred to in paragraph 3 refers to this fine for a certain amount of fine.
(2) In the cases referred to in points 7 (a), 8 (b), 9, 16 (a) and 17 (a) of paragraph 1, the administrative offence may be subject to a fine of up to one hundred thousand euro, in other cases with a fine of up to EUR 1 000. (3) The Federal Government is authorized, in so far as it is necessary for the enforcement of legal acts of the European Community or of the European Union, by means of a regulation without the consent of the Federal Council, the to identify facts which are punishable as an administrative offence under paragraph 1 (16) and (17) can be.
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Section 40 Criminal Code
A term of imprisonment of up to one year or a fine shall be punishable by repeatedly repeating an intentional act referred to in Article 39 (1) (7) (a), (8) (b), (9), (16) (a) or (17) (a). or by such an intentional act endangers the life or health of another or a foreign matter of significant value.
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System Design of the GS mark
(Fundstelle: BGBl. I 2011, 2196)
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The GS mark consists of the caption and the border.
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The thickness of the border is one third of the grid spacing.
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The words "checked security" are to be set in the font Arial as well as bold and italic at a raster distance of 0.3 cm in the font size 25 pt.
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If the GS mark is reduced or enlarged, the proportions of the raster imaged above must be maintained.
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The grid is used exclusively to define the proportions; it is not part of the GS mark.
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For the representation of the GS mark, both dark writing on a bright ground and bright writing are allowed on a dark background.
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The GS symbol can be combined with the GS symbol. The symbol of the GS-digit replaces the word "Id-character" in the above representation. It must allow a clear conclusion to the GS-site and must not lead to any confusion with other GS-positions.
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The symbol of the GS-position must be placed in the upper left corner of the GS mark. It can extend slightly beyond the outer edge of the GS mark, if this is necessary for reasons of space and if the overall picture of the GS mark is not falsified.
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If the GS mark is displayed with a height of 2 cm or less, it is permissible to map the symbol of the GS position to the left of the GS mark. In this case, however, the symbol of the GS location must touch the GS mark so that the unit of the security character is preserved. In addition, the symbol of the GS position must not be greater than the GS mark, so that it does not dominate it.
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Other graphic representations and captions may not be linked to the GS mark if the character and the statement of the GS mark are thereby impaired.
