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21 DECEMBER 2013. - Enforcement Act (EU) No. 305/2011 of the European Parliament and the Council of 9 March 2011 establishing harmonized conditions of marketing for construction products and repealing Council Directive 89/106/EEC and repealing various provisions (1)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
. - General provision
. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized conditions of marketing for construction products and repealing Council Directive 89/106/EEC
Art. 2. § 1er
. Without prejudice to other laws, and in particular to the Act of 21 December 1998 on standards of products intended for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers, and without prejudice to the competences assigned to the Regions and Communities, the King may, by order proposed jointly by the competent ministers for processed materials, fix the provisions
1) for the performance of fundamental requirements for construction works, as set out in Appendix Ire
Regulation (EU) No 305/2011, including the performance of construction products relating to essential characteristics as mentioned in the harmonized standards for intended use, or:
2) to ensure quality in construction.
§ 2. § 1er
does not apply to provisions made under the Act of 30 July 1979 relating to the prevention of fires and explosions and to the compulsory assurance of civil liability under these same circumstances.
Art. 3. § 1er
. Without prejudice to the powers of judicial police officers, the officers designated by the King are competent to monitor the execution of the provisions of this Act and the orders made pursuant to it.
The minutes issued by these officers are held to prove the contrary.
§ 2. In the performance of their duties these agents may:
1° enter at any time in warehouses, premises, workshops, buildings, courses and enclosures whose access is necessary for the fulfilment of their mission, and be accompanied, if necessary, by the public force;
2° to visit any vehicle or container, whose access is necessary for the fulfilment of their mission, and to be accompanied, if necessary, by the public force;
3° where these places are also for use in housing, these controls may not be carried out, without prejudice to the provisions of the law of 7 June 1969 setting the time during which searches or house visits may be carried out only by at least two officers and with the prior authorization of the Police Judge;
4° make all useful findings;
5° hear the producer, agent, importer or distributor as well as each person involved in the marketing and installation chain, as well as notified agencies and technical assessment bodies;
6° to be produced, on first requisition and without displacement, documents, documents or books and any electronic media such as hard disks, removable disks necessary for their research and findings and to retain evidence of their intervention by any means useful, including copies and records;
7° seize, against receipt, the documents that are necessary to prove an offence or to search for co-authors or accomplices of offenders;
8° to collect and analyze or analyze samples and control or control installations according to the method and conditions established by the King, in accordance with the provisions of Regulation (EU) No 305/2011;
9° use the relevant findings and the results of analyses made by other institutions.
§ 3. Agents responsible for monitoring the application of other legislation may use the information obtained under the control of this Act and other legislation for the exercise of all oversight missions.
§ 4. When it has been found that property exhibits characteristics of an offence, the commissioned officer may propose to the offender to voluntarily abandon such property.
When the offender is invited by the commissioned agents to voluntarily abandon non-compliant goods, he also undertakes to ensure the costs of transportation, custody, destruction and recycling.
If he or she agrees to proceed with voluntary abandonment, these commitments are mandatory in a record of hearing.
Where appropriate, if circumstances permit, with the offender's consent, the commissioned officer shall immediately destroy the abandoned property that is left on the spot, to the offender's charge to ensure the possible recycling at his or her expense.
§ 5. The commissioned officials, when they find an offence under the powers conferred on them by paragraphs 1er
and 2, may, as a precautionary measure, result in the seizure of the proceeds under the offence.
This seizure must be confirmed by the Public Prosecutor's Office within 15 days.
The person in whose hands the products are seized may be made a judicial guardian by the commissioned officials or the public prosecutor.
Art. 4. The Public Prosecutor's Office, in the light of the minutes issued pursuant to section 3, may order the seizure of the proceeds under the offence.
The seizure is brought to a full right by the judgment ending the prosecution, when this judgment has passed into force of judgment or by classification without further action.
The Public Prosecutor's Office may lift the seizure that it has ordered or confirmed if the offender renounces the availability of the products under the conditions that have resulted in the prosecution; this waiver does not imply any recognition of the merits of these proceedings.
Art. 5. The King determines the additional measures for market surveillance in Regulation (EU) No 305/2011.
Art. 6. A fine of between twenty-six and twenty-five thousand euros shall be punished, those who commit an offence to Regulation (EU) No. 305/2011, to this Act or to the orders made under this Act or Regulation (EU) No. 305/2011.
The provisions of Book 1er
the Criminal Code, including Chapter VII and Article 85, shall apply to offences referred to in paragraph 1er
Without prejudice to the application of the usual recidivism rules, the fine provided for in paragraph 1er
is doubled in the event of an offence occurring within five years of the date of a conviction that was imposed by the head of the same offence.
Art. 7. Agents commissioned for this purpose by the Minister who has the economy in his or her powers, in the light of the minutes of an offence made by the agents designated in accordance with section 3, may propose to the offenders the payment of an amount that extinguishes public action.
The rates as well as the payment and collection modalities are fixed by the King.
The amount set out in paragraph 1er
may not exceed the maximum of the fine provided for in section 6, plus additional decimals.
The payment made within the specified time limit extinguishes the public action unless, previously, a complaint has been addressed to the King's Prosecutor, the investigating judge has been required to instruct or the court has been seized of the fact. In these cases, the amounts paid are returned to the offender.
Art. 8. The King shall, on the proposal of the Minister with the economy in his powers, establish the procedure for the designation, control and evaluation of technical assessment bodies in accordance with Regulation (EU) No. 305/2011.
Art. 9. The King shall, on the proposal of the Minister with the economy in his or her powers, establish the procedure for the assessment and notification of the bodies authorized to perform, as third parties, tasks under the performance assessment and verification procedure, as well as their control when notified in accordance with Regulation (EU) No. 305/2011.
Art. 10. The King sets out the provisions for the Contact Point Product for Construction as provided for in Article 10 of Regulation (EU) No 305/2011.
CHAPTER 3. - Technical Commission on Construction
Art. 11. § 1er
. The King creates, on the proposal of the minister who has the economy in his powers, an advisory commission called "Technical Commission of Construction - Technische Commissie voor de Bouw", abbreviated "CTC-TCB" composed of representatives of the relevant federal, regional and community departments, specialized public interest bodies and interested professional organizations. The King defines in the same order the arrangements for the appointment of members.
The provisions of the preceding paragraph apply, without prejudice to the provisions of section 92ter of the special law of 8 August 1980 of institutional reforms.
This Commission shall give notice on all matters relating to the application of Regulation (EU) No. 305/2011 and in the preparation of the decrees under Article 2, § 1er
. It may make proposals with respect to the provisions developed under Article 2, § 1er
. It defines its rules of procedure by taking into account the optional presence of representatives of the relevant regional and community departments.
§ 2. The King sets out in an order, following the advice of the Commission provided for in paragraph 1, the statutes and procedure for the establishment of Technical Specifications (in abbreviated "STS") which constitute, for the purpose of the prescriptors and/or contractors, reference frameworks to support the quality voluntary approaches in the construction. The reference to these STS is a voluntary choice of prescriptors and/or contractors, except where reference is made in regulations.
§ 3. Pending the entry into force of the order set out in paragraph 1, the Ministerial Order of September 6, 1991 on the establishment of standard specifications in the construction amended by the Ministerial Order of September 28, 2009 remains applicable. The advisory commission established by this order shall be responsible for the exercise of the competence and competence of the Commission established under paragraph 1 of this Act.er
CHAPTER 4. - Repeal of the Ministerial Order of September 6, 1991 on the establishment of standard specifications in the construction
Art. 12. Article 1er
of the Ministerial Order of September 6, 1991 on the establishment of standard specifications in the construction, as amended by the Ministerial Order of September 28, 2009, is repealed on the date of the entry into force of the Order under Article 11, § 1er
Art. 13. Articles 2, 4, 11, 12, 13, 14, 15, 17, 18, 19 of the same order are repealed on the date of the entry into force of the order provided for in Article 11, § 2.
CHAPTER 5. - Final provisions
Art. 14. Are repealed:
1° the Act of 25 March 1996 implementing the Directive of the Council of the European Communities of 21 December 1988 on the approximation of the legislative, regulatory and administrative provisions of the Member States concerning construction products;
2° the Royal Decree of 19 August 1998 concerning construction products;
3° the Ministerial Order of 20 October 2000 concerning the approval of conformity certification bodies for the CE marking of construction products.
Art. 15. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2013.
By the King:
Deputy Prime Minister and Minister of Economy,
Consumers and the North Sea,
J. VANDE LANOTTE
Deputy Prime Minister and Minister of Social Affairs
and Public Health,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of the Interior
and the Equal Opportunities,
Ms. J. MILQUET
The Secretary of State for Energy,
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
(1) Session 2012-2013.
House of Representatives.
Documents. - Bill, 53-2988 - No. 1. - Amendments, 53-2988 - No. 2.
House of Representatives.
Documents. - Text adopted by the commission, 53-2988 - No. 3. - Report, 53-2988 - No. 4. - Text adopted in plenary and transmitted to the Senate, 53-2988 - No. 5.
Full report. - 14 November 2013.
Documents. - Project not referred to by the Senate, 5-2345 - No. 1.