OJ L , Having regard to the Treaty on the Functioning of the European Union, and in particular Article 6 thereof,. If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them. In the absence of a Decision by the Commission within this period the national provisions referred to in paragraphs 4 … shall be deemed to have been approved. According to Article 54, Member States shall bring into force national provisions complying with this Directive by 20 January , and they shall apply them as from 20 July Point 13 of part III of Annex II to the Directive contains specific migration limits for several elements, including lead, arsenic, mercury, barium and antimony.
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No liability is assumed for translation mistakes. The German original as published in the Bundesgesetzblatt is authoritative. The Bundestag has, with the consent of the Bundesrat, resolved to adopt the following Act:. Chapter 3 Surveillance of the Bringing into Circulation of Products.
Chapter 5 Installations Subject to Mandatory Inspection. The Act does not apply with respect to the bringing into circulation and display of used products which. This Act also does not apply with respect to the bringing into circulation and display of technical work equipment intended by its very nature exclusively for use for military purposes. Sections 5, 6 and 8 to 10 shall not apply where other statutory regulations lay down equivalent or more extensive provisions. Consumer products also include commodities and other products made available to the consumer when a Service is being rendered.
Working devices and commodities are also ready to use when. Such installations also include measuring Instrumentation, control equipment and regulating devices intended to ensure safe Operation of the Installation. The installations subject to mandatory inspection as described in the numbers 2, 3 and 4 do not include the energy installations in the meaning of Section 2 Subsection 2 of the Energy Industry Act. Installations subject to mandatory inspection are equivalent to products in the meaning of Subsection 1 where they are not already covered by Subsection 1.
Importation into the European Economic Area is the equivalent of the bringing into circulation of a new product. A manufacturer is deemed to be any person who applies his name, his trademark or some other distinguishing mark to a product for business purposes and therefore presents himself as the manufacturer, or who influences the safety characteristics of a consumer product as any other kind of person bringing a product into circulation.
L p. A statutory ordinance under Sentence 1 can govern the following:. Statutory ordinance under Sentence 1 can govern the following:. The statutory ordinance shall be adopted by the Federal Ministry to whose operational domain the federal authority belongs in consultation with the Federal Ministry of Economics and Labour. Their validity can only be extended with the consent of the Bundesrat. If a Standard which implements a harmonised Standard satisfies one or more requirements regarding safety and health, it shall be assumed for a product manufactured in accordance with this Standard that it meets the relevant requirements regarding safety and health.
When assessing whether a product meets the requirement of Sentence 1 the following must be considered in particular:. When assessing whether a product satisfies the requirements according to Sentence 1, Standards and other technical specifications may be referred to as a basis.
If a Standard or other technical specification which has been determined by the Committee for Technical Work Equipment and Consumer Products and published by the delegated body in the Bundesanzeiger Federal Gazette satisfies one or more requirements regarding safety and health, it shall be assumed for a product manufactured according to this Standard or other specification that it satisfies the relevant requirements regarding safety and health.
Sentence 1 also applies for a consumer product where it is covered by statutory ordinances according to Section 3 Subsection 1. In the case of an item of technical work equipment not covered by a statutory ordinance according to Section 3 Subsection 1, the legal Situation at the time it is first brought into circulation within the scope of the present Act shall govern.
When a consumer product is brought into circulation which does not fall under a statutory ordinance according to Section 3 Subsection 1, the legal Situation at the time it is brought into circulation shall govern.
In a demonstration the necessary precautions must be taken to protect persons. Notification under Sentence 1 may not be used for a criminal prosecution of the notifying party or for proceedings against the notifying party under the Act relating to administrative infringements. In particular he may not bring a consumer product into circulation of which he. Any other mark may be applied provided the visibility and legibility of the CE mark is not impaired. The GS mark may only be awarded if the GS body.
A certificate must be issued concerning the award of the GS mark. The validity of the award is limited to a maximum period of five years.
If the conditions for the award of the GS mark are no longer met, the GS body shall withdraw the award. In such cases it shall notify the other GS bodies and the competent authority of the withdrawal.
He shall accept the inspection measures under Subsection 2. He may only use the GS mark and advertise with it as long as the conditions under Subsection 1 Sentence 2 are met. If the provisions of this Act apply under Section 1 Subsection 3 in addition to provisions of other statutory regulations, the competent authorities responsible for these shall then apply. Any responsibilities regarding the implementation of the Act as assigned by other regulations shall not be affected.
The monitoring approach shall encompass in particular the following:. In the case of products subject to a statutory ordinance according to Section 3 Subsection 1 and bearing a CE mark, the competent authority assumes that the requirements laid down there in each case are satisfied. In the case of technical work equipment and ready-to-use commodities bearing the GS mark according to Section 7 Subsection 1, it shall be assumed that they satisfy the requirements with respect to safety and health under Section 4 Subsections 1 and 2 and other statutory regulations.
This does not affect products for which other statutory regulations in the meaning of Section 1 Subsection 3 Sentence 1 apply. It is authorised in particular. The authority itself may warn the general public if other, similarly effective measures, and specifically warnings by the manufacturer, are not taken, or not in good time. It shall waive measures under Sentence 2 where suitable measures are taken to ensure that the daner associated with a product is warded off by the person responsible for bringing the product into circulation.
It may also address measures to the dealer according to the relevant needs. Measures taken against any other person shall only be permissible provided that a major and present danger cannot be warded off in any other way.
If the other person suffers damage from this, he shall be compensated for this provided he has no way of obtaining compensation elsewhere or his assets are not protected by the measure taken. The persons who manufacture the product or who store or display it for the purpose of bringing it into circulation can be called upon to bear the cost of the tests under Sentence 1 if the test shows that the requirements under Section 4 are not satisfied.
They are obliged to provide the competent authority on demand with the information required to enable it to perform its tasks. The person thus obliged may refuse to provide information to questions if answering such questions may expose him or a related person designated in Section Subsection 1 Nos.
He shall be informed of his right to refuse information. If the authorities receive information falling under the heading of business secrecy they shall safeguard its confidentiality. This also covers notification of a deficiency in a technical Standard according to which the product has been manufactured. The competent authority shall also notify the delegated body of measures and precautions taken concerning the bringing into circulation or use of products which represent a major hazard and which have to be notified within the joint System for the fast exchange of information on dangers with the use of consumer goods.
This also includes notification of any change or cancellation of the measures or precautions. If the mark provided for in Section 6 or the mark provided for in Section 7 has been awarded by an approved body, the competent authority under Section 11 Subsection 2 must be notified.
It informs the Federal Ministry of Economics and Labour and the Federal departments responsible of notifications under Subsection 1 Sentence 2 and passes them on to the bodies responsible in the Commission of the European Communities.
Personal data may only be published if it is necessary to identify the product. Access can be granted by electronic means. The Federal Ministry of Economics and Labour, in consultation with the Federal Ministry of Consumer Protection, Food and Agriculture and the Federal Ministry of the Environment, Nature Conservation and Reactor Safety may regulate the details of publication in an electronic Information and communication System by statutory ordinance with the consent of the Bundesrat.
Deletion intervals must in particular be provided for, as must regulations which ensure that the publications remain undamaged, complete and up to date. Before a decision is taken on transmission, the individual concerned shall be heard.
Before a decision is taken on access, the persons concerned must be heard in the cases of Sentence 1 No. Where Information transmitted is described as a Company or business secret, the competent authority or the delegated body shall assume in cases of doubt that the person so describing it is affected. This authority checks whether the requirements of the statutory ordinance under Section 3 Subsection 3 are satisfied.
An accreditation based on harmonised Standards may be taken into account within the scope of an accreditation procedure according to Sentence 2. If the conditions are met, the authority responsible for the delegated body shall appoint the applicant as approved body for certain products and processes.
The condition for such appointment is. It may demand of the approved body and its personnel who are assigned the management and implementation of the specialist duties necessary Information and other support and issue the Orders required for this purpose. The competent authorities and their delegated representatives are empowered to enter and inspect the sites and business premises and the testing laboratories during the operational and business hours and to demand presentation of documents for the issuance of the certificates.
Those obliged to prove Information shall accept the measures according to Sentence 3. They may refuse Information with respect to those questions which, if answered, could expose them or a related person designated in Section Subsection 1 Nos. They shall be informed of their right to refuse Information.
Where they become involved according to Sentence 1 they shall notify the authority responsible for the recognition procedure according to Subsection 1. It notifies the competent authority without delay of the result of the assessment and, in consultation with the latter, the parties concerned who are bringing the product into circulation. Membership shall be honorary. The Committee shall adopt rules of procedure for itself and shall elect a chair from among its members.
The number of members shall not exceed The rules of procedure and the election of the chair are subject to the approval of the Federal Ministry of Economics and Labour. The committees shall advise the Federal Government or the competent Federal Ministry in technical matters.
The period may be extended for an important reason on application from the permitting authority. It may also order the measures needed in individual cases to ward off hazards for employees or third parties.
The same applies if an order is established according to other regulations concerning the facility or workplace in which the Installation is operated. Possessors of installations subject to mandatory inspection and persons who manufacture or operate such installations are obliged to make the installations accessible on demand to the representatives of approved inspection bodies responsible for inspection the installations, to permit the inspection prescribed or officially ordered, to make available the necessary labour and aids for this purpose and to give them details and submit documents to them.
The statutory ordinances under Sentence 1 can also be the basis for the obligations of the approved inspection bodies. The inspection body can be named as such if it has been ascertained in an accreditation procedure that compliance with the following general requirements and the special requirements given in a statutory ordinance under Section 14 Subsection 1 is guaranteed:. Inspections bodies of companies or groups of companies may also be appointed as approved inspection bodies without fulfilling the requirements under Sentence 2 No.
It may only be granted for a limited term and may be granted subject to revocation and subsequent stipulations. Issuance, expiry, withdrawal, revocation and cancellation shall be notified without delay to the Federal Ministry of Economics and Labour. The competent authority monitors compliance with the general requirements given in Subsection 5 Sentence 2 and the special requirements given in a statutory ordinance under Section 14 Subsection 1.
Its delegated representatives are empowered to enter and inspect sites and business premises during the operational and business hours and to demand presentation of documents for the issuance of the certificates. Those obliged to prove Information shall accept the measures according to Sentence 4. If they become active under Sentences 1 and 2 they shall notify the competent authority responsible for the accreditation in the meaning of Subsection 5.
A person who persistently commits a wilful action described in Section 19 Subsection 1 No. Sentence 1 applies as appropriate for experts authorised on the basis of a statutory ordinance passed before 31 December according to Section 11 Subsection of the Equipment Safety Act to perform prescribed or officially ordered inspections on installations subject to mandatory inspection. For the inspections by official or officially recognised experts as mentioned in Sentence 1 fees and expenses shall be charged; for this purpose the costs ordinance for the inspection of installations subject to mandatory inspection of 23 November BGBI.
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Hence, the Commission considers that it is justified to extend the 6-month period within which it has to approve or reject the national provisions for a further period expiring on 5 March IO L A complete justification of the request has been sent by the German Federal Government with letter from the Office of its Permanent Representative, dated 2 March Germany contested this decision by bringing an action against the EC in May to ensure that the stricter German limit values would be allowed to remain in place. The directive foresees, in Article 46, the possibility to amend certain chemical-related provisions in order to ensure alignment on technical and scientific developments. The application submitted by Germany contains an explanation of the reasons relating to the protection of the human health which, in the opinion of Germany, justify the maintenance of its national provisions. They were adopted and entered into force in andtherefore before the adoption of that Directive.