113. Federal law on the establishment of a notifying authority and relating to the implementation of the notification procedure laid down in Chapter VII of Regulation (EU) No. 305/2011 of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing of Directive 89/106/EEC (Bauproduktenotifizierungsgesetz 2013 - 2013 BPNG)
The National Council has decided:
General terms and conditions
§ 1.(Verfassungsbestimmung) the issue, amendment, suspension and enforcement of regulations, as they are included in this federal law, are also the concerns of Federal thing, for which the B-VG determines otherwise. The matters regulated in those rules can be obtained directly by federal authorities.
§ 2. This federal law regulates in addition of Regulation (EU) No. 305/2011 laying down harmonised conditions for the marketing of construction products and repealing of Directive 89/106/EEC of the Council, OJ No. L 88 of the Mar 21, 2011 page 5, as amended by the amending OJ No. L 103 of the 12.04.2013 p. 10, the establishment of a notifying authority within the meaning of article 40 paragraph 1 of the Regulation (EU) No. 305/2011 and sets the necessary procedural provisions.
§ 3. notifying authority is the Federal Minister of economy, family and youth. He has to entrust an organizational unit to the operational implementation of the notification within its sphere of competence and to equip them with the necessary resources. The Federal Ministry for economy, family and youth makes the notification referred to in article 39 of Regulation (EU) No. 305/2011.
Assessment and monitoring
§ 4 inspection and monitoring in accordance with article 40 paragraph 2 of Regulation (EU) No. 305/2011 performed the "accreditation Austria" as a national accreditation body within the meaning of Regulation (EC) No. 765/2008 of establishing the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 of the Council, OJ No. L 218 of August 13, 2008 p. 30.
Notification procedure § 5 (1) of the request for notification of a body referred to in article 47 paragraph 1 of the Regulation (EU) is no. 305/2011 at the Federal Ministry for economy, to bring family and youth.
(2) the notification requires the existence of an accreditation decision, which certifies that the body meets the requirements laid down in article 43 of Regulation (EU) No. 305/2011.
(3) the accreditation decision to add is the request for notification.
(4) the applicant has no accreditation decision, the notifying authority shall request be rejected. This also applies to the case that the requested Notifizierungsumfang not by the accreditation decision is covered.
(5) the notification, whose refusal, revocation, suspension, restriction and whose extension are made each decision.
Authority to issue regulations
§ 6. The Federal Minister of economy, family and youth is authorized, taking into account Union legal requirements by regulation to set more detailed provisions on the notification procedure, such as content and form-to-use forms, if this allows a time - and cost-saving assessment of applications or notified bodies is used to facilitate the verification of compliance with the obligations.
Section 7 (1) for the request for notification has the authority to pay an application fee. This is composed of a basic fee for each requested feature (in accordance with annex V of Regulation (EU) No. 305/2011) in the amount of 200 euros and an additional fee for each request technical specification of 30 euros. When an application for amendment of an existing notification, the basic fee is 100 euro.
(2) for the official acts to be conducted according to the provisions of this Federal Act special administrative charges payable that are to set family and youth in agreement with the Federal Minister of Finance according to the overhead in respect of these acts through regulation by the Federal Minister for Economic Affairs. The standard amounts are required for the preparatory work and the implementation time, according to the number of required officers to determine the number of procedures for the notification and the average bar expenses (printed materials, materials and postage) described in the application.
§ 8. With the completion of this federal law is entrusted with respect to section 7 para 2 in agreement with the Federal Minister of finance, the Federal Minister of economy, family and youth.
§ 9 (1) occurs at the end of the 31.12.2014 override § 7 (1) this Federal Act. Article 7, paragraph 1 is to apply at this time pending still.
(2) Regulations under this Federal Act must be adopted from the day following the announcement of the Federal Act to be conducted. A regulation must not however into force pursuant to article 7 paragraph 2 before the 1.1.2015.