113. Federal law establishing a notifying authority and concerning the implementation of notification procedures under Chapter VII of Regulation (EU) No 305/2011 of 9 March 2011 laying down harmonised conditions for the marketing of Construction products and repealing Directive 89 /106/EEC (Building Product Certification Act 2013-BPNG 2013)

The National Council has decided:

General provisions

§ 1. (constitutional provision) The dismissal, amendment, cancellation and enforcement of regulations, as contained in this Federal Act, are also in the matters of the Federal Republic, with regard to which the B-VG determines otherwise. The matters governed by these rules may be directly concerned by federal authorities.

§ 2. This federal law, in addition to Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89 /106/EEC, OJ L 139, 30.4.1989, p. No. OJ L 88 of 04.04.2011 p. 5, as amended by the corrigendum OJ L 88, 31.5.2011, No. 10., the establishment of a notifying authority within the meaning of Article 40 (1) of Regulation (EU) No 305/2011, and lays down the necessary procedural provisions.

Notifying Authority

§ 3. The notifying authority is the Federal Minister for Economic Affairs, Family and Youth. Within its scope of action, it has to entrust an organizational unit with the operational implementation of the notification and to equip it with the necessary resources. The Federal Ministry for Economic Affairs, Family and Youth shall be notified of the notification provided for in Article 39 of Regulation (EU) No 305/2011.

Evaluation and monitoring

§ 4. Assessment and supervision pursuant to Article 40 (2) of Regulation (EU) No 305/2011 shall be carried out by "accreditation Austria" as a national accreditation body within the meaning of Council Regulation (EC) No 765/2008 on the rules governing the Accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No. OJ L 218, 13.08.2008 p.30.

Notification procedure

§ 5. (1) The application for notification of a body pursuant to Art. 47 (1) of Regulation (EU) No. 305/2011 is to be submitted to the Federal Ministry for Economic Affairs, Family and Youth.

(2) The prerequisite for the notification is the existence of an accreditation certificate, which certifies that the body meets the requirements of Art. 43 of Regulation (EU) No 305/2011.

(3) The application for notification shall be accompanied by the letter of accreditation.

(4) If the applicant does not have an accreditation certificate, the notifying authority shall reject the application. This shall also apply in the event that the requested notification scope is not included in the letter of accreditation.

(5) The notification, its rejection, revocation, suspension, restriction as well as its extension shall be notified in each case.

Authorisation

§ 6. The Federal Minister for Economic Affairs, the Family and Youth is authorized to lay down detailed rules on the notification procedure, such as content and form, taking into account the requirements of the Union law, by means of a regulation. forms used, provided that this allows for a time-and cost-saving assessment of applications, or to facilitate the verification of compliance with the obligations of notified bodies.

Administrative charges

§ 7. (1) For the application for notification, the body has to pay an application fee. This consists of a basic fee for each requested function (in accordance with Annex V of Regulation (EU) No 305/2011) of EUR 200 as well as an additional fee for each technical specification applied for 30 euros. In the case of an application for modification of an existing notification, the basic fee is 100 euros.

(2) Special administrative charges are to be paid for the acts to be carried out under the provisions of this Federal Act, which are to be paid by the Federal Minister for Economic Affairs, the Family and Youth in agreement with the Federal Minister for Finance shall be fixed in a lump sum by Regulation in accordance with the burden of such official acts. The lump sums shall be based on the time required for the preparatory work and the implementation, the number of the necessary authorities, the number of the procedures for notification and the average number of the procedures described in the application. To identify cash outlays (printed materials, materials and postal charges).

Enforcement

§ 8. The Federal Minister for Economic Affairs, Family and Youth is responsible for the enforcement of this federal law with regard to Section 7 (2) in agreement with the Federal Minister of Finance.

Final provisions

§ 9. (1) Section 7 (1) of this Federal Act shall expire at the end of 31.12.2014. Section 7 (1) shall continue to apply to proceedings pending at that time.

(2) Regulations on the basis of this Federal Act may already be issued from the day following the presentation of the Federal Act to be carried out. However, a regulation in accordance with Section 7 (2) may not enter into force before 1 January 2015.

Fischer

Faymann