Radiation protection – Type approvals

General information

In Austria, an application for type approval can be made

• if the device contains radiation sources,
• if certain conditions are fulfilled and
• if the device is to be placed on the market in larger quantities.

The advantage for the user of the respective device is a lower administrative effort compared to individual licensing according to sections 15 and 17 of the Strahlenschutzgesetz (Radiation Protection Act – StrSchG). By receiving the type certificate, the user is enabled to operate the device in accordance with the specifications (conditions and requirements) of the approval authority. In addition to the conditions and requirements explicitly stated in the typecertificate, the user is obliged to comply with all applicable radiation protection regulations from the StrSchG and the associated ordinances.

Only devices with a lower hazard potential can be approved as a type approval. Activities with other devices are subject to licensing (see chapter "Activities involving radiation sources subject to authorisation"). Examples of equipment that have already been approved as a type approval are electron capture detectors for gas chromatography, X-ray spectrometers, baggage scanners or food control equipment.

For the classification of the hazard potential, the activity of the radioactive substance contained therein and the local dose rate near the surface are decisive. Low hazard potential means that

• the local dose rate of the device used at 10 cm from the surface shall not exceed 3 µSv/h during opeation and
• where, if a radioactive substance is used the activity may not exceed ten times the exemption limit.

Every transfer of a type-approved device to a user must e reported via the Central Source Register. This also applies if no radioactive substances are contained, as in the case of X-ray equipment, for example. Any transfer of the equipment by the user to another company must also be reported in the Central Source Register. Reporting in the Central Source Register automatically results in a notification to the competent authority for the user.

Essential obligations of the holder of a type approval are:

• The enclosure of a type certificate for each device to the user as well as operating instructions in the German language for each device. The type certificate is an official document and contains information on the approved use as well as the conditions and requirements for use. A detailed list of the contents of the design certificate is contained in section 23 paragraph 1 of the AllgStrSchV.
• Before placing the product on the market for the first time, a sample of the type certificate must be submitted to the Federal Ministry for Climate Protection, Environment, Energy, Mobility, Innovation and Technologies (BMLUK) for examination. If no objections are raised within 14 days, the device may be placed on the market with the type certificate.
• Obligation to report to the Central Source Register: For each device placed on the market, the name and address of the user, if applicable company register number, type and serial number, number of the type certificate and, if applicable, the radionuclide used with the associated activity must be entered without delay.

Essential obligations of the user of a type-approved device are:

• The device may only be used for the application approved in accordance with the type certificate. The conditions and requirements specified in the type approval certificate must be fulfilled and adhered to.
• The competent authority must be informed in writing without delay of the commencement of the activity and a copy of the type certificate must be sent to it. This notification must be made in addition to the notification of transfer in the Central Source Register.
• The device must be passed on together with the type certificate, the operating instructions and all other documents relevant to radiation protection enclosed with the device. It must also be reported in the Central Source Register.
• The termination of the activity shall be notified to the competent authority without delay. If equipment containing radioactive substances is disposed of, then the user must prove that it has been disposed of in accordance with radiation protection regulations.

Enterprises affected

• Companies wishing to place equipment on the market in Austria that may generate X-rays or contain radioactive substances
• Users of such equipment

Requirements

The approval of a type may be applied for by a domestic manufacturer. In the case of foreign manufacturers, their authorised representative(s) in Austria is/are entitled to submit an application. There must not be any doubts regarding the reliability of the applicant.

The device must correspond to the recognised current level of technology (state-of-the-art).

Deadlines

There are no specific deadlines to be observed.

Competent authority

• Approval as design type:
  Federal Ministry for Climate Protection, Environment, Energy, Mobility, Innovation and Technology (→ BMLUK)
• Use of type-approved devices:
  the respective office of the state government

Procedure

The procedure for approval of a design type shall be carried out on written application. This can be submitted electronically.

After positive completion of the test, the authority will issue a type approval certificate.

The type approval certificate contains the conditions and requirements for placement on the market on the one hand and use on the other. The conditions and requirements for use must be included in the type approval certificate by the holder of the type approval. The user is legally obliged to comply with these conditions and requirements.

Required documents

The application for approval of a design type must contain all the documents that will enable the competent authority (BMK) to verify whether the conditions for safe use of the device are met. This includes in particular:

• Indication of the intended use of the device
• The exact description of the device including plans (such as technical drawings, lead shielding) and description of the safety devices relevant for radiation protection
• Functionality
• Technical and other radiation protection relevant information on the source
• Proof of compliance with the requirements for type approval
• Proof that the equipment is designed in such a way that under normal operating conditions the release of radioactive substances into the environment is prevented with certainty if the device contains radioactive substances
• Criminal records and extract from the commercial register
• Presentation of the precautions and measures taken to ensure that each device corresponds to the characteristics of the type (for example, through proof of an internal company QM system, ISO certification)

Costs and fees

The costs are based on tariff B – Section VII of the Bundesverwaltungsabgabenverordnung (Federal Administrative Fee Ordinance) and section 14 tariff (5) and (6) of the Gebührengesetz (Fees Act).

Further information

• List of type approvals in Austria in the non-medical field (→ BMLUK)^{German text}
• Data Protection and Privacy Statement pursuant Art 13 DSGVO (Application for Type Approval) (→ BMLUK)

Legal bases

• sections 33 to 36 of the Strahlenschutzgesetz
  (Radiation Protection Act – StrSchG)
• sections 21 to 25 of the Allgemeine Strahlenschutzverordnung
  (General Radiation Protection Ordinance – AllgStrSchV)