Posted the: 2014-01-20 Numac: 2014011012 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 21 December 2013. -Law on the implementation of the Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonised conditions for marketing of construction products and repealing Directive 89/106 / EEC of the Council and repealing various provisions (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Execution of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonised conditions for marketing of construction products and repealing Directive 89/106 / EEC art. 2 § 1. Without prejudice to other laws, and in particular Act of 21 December 1998 on the standards of products aimed at promoting sustainable patterns of production and consumption and the protection of the environment, health and workers, and without prejudice to the powers attributed to the Regions and communities, the King may fix by order jointly proposed by the Ministers responsible for the treated material ((, the provisions 1) for the implementation of the fundamental requirements for construction works, covered by Annex Ire of Regulation (EU) No 305/2011, including the performance of construction products relating to such essential features as mentioned in harmonised standards for the intended use, or: 2) in order to ensure the quality in construction.
§ 2. The § 1 does not apply to the provisions taken pursuant to act of 30 July 1979 on the prevention of fires and explosions as well as the compulsory insurance of civil liability in these circumstances.
S. 3 § 1.
Without prejudice to the powers of the judicial police officers, officers designated by the King are competent to supervise the execution of the provisions of this Act and the orders made pursuant to it.
The minutes drawn up by these agents are prima facie evidence to the contrary.
§ 2. In the exercise of their duties these agents may: 1 ° enter at any time in the local workshops, buildings, warehouses and enclosures whose access is necessary for the accomplishment of their mission, and to be accompanied, if necessary, by the public force;
2 ° 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 ° when these places are also residential, these checks may be carried out, without prejudice to the provisions of the law of 7 June 1969 laying down the time during which it can be carried out searches or domiciliary visits, by two agents at least and with the consent of the police judge;
4 ° make all useful findings;
5 ° hear the producer, agent, the importer or the Distributor and each person in the chain of marketing and installation, as well as the notified bodies and technical assessment bodies;
6 ° to produce documents, parts or books and all electronic media such as hard disks, removable disks necessary for their research and findings at the first demand and without moving, and keep evidence of their intervention by all useful means, including copies and recordings;
7 ° enter, against a receipt, the documents that are needed to make evidence of an offence or to find sponsors or accomplices of offenders;
8 ° collect and analyse or analyze samples and control or make control facilities according to the method and the conditions laid down by the King, in compliance with the provisions of Regulation (EU) No 305/2011;
9 ° use the relevant findings and the results of the analyses carried out by other institutions.
§ 3. Officers monitor the application of the other laws may use information obtained through the monitoring of this Act and other legislation on the exercise of all missions on the control which they are responsible.
§ 4. When it was found that goods have characteristics an unlawful nature, commissioned officer may propose to the offender to drop volunteer of said property.
When the offender is invited by commissioned agents to make voluntary abandonment of the non-conforming goods, it also undertakes to ensure transport, custody, destruction and recycling expenses.
If he accepts to proceed with the voluntary abandonment, these commitments are obligatorily recorded in minutes of hearing.
Where appropriate, if the circumstances permit, with the agreement of the offender, the commissioned officer proceeded to immediate destruction of abandoned property which are left in place, dependent on the offender to ensure possible recycling at its expense.
§ 5. Commissioned officials, where they find an offence under the powers conferred by paragraphs 1 and 2, may carry out, as a precaution, to seizure of products that are the subject of the offence.
This entry must be confirmed by the public prosecutor within a period which may not exceed fifteen days.
The person in the hands of which products are seized, may consist in legal guardian by commissioned officers or the public prosecutor.
S. 4. the public prosecutor, in the light of the minutes drawn up in pursuance of article 3 may order the seizure of products that are the subject of the offence.
The seizure is lifted ipso jure by the judgment terminating proceedings, when this judgment is passed into res judicata or the closure.
The public prosecutor may give Freehand input it has ordered or confirmed if the offender renounces to make available the products in the conditions giving rise to prosecution; This waiver does imply any recognition of the merits of those proceedings.
S. 5. the King determines additional measures for the monitoring of the market provided for in the Regulation (EU) No 305/2011.
S. 6 are punishable by a fine of twenty to twenty-five thousand euros, those who commit an offence to Regulation (EU) No 305/2011, under this Act or orders made under this Act or the Regulation (EU) No 305/2011.
The provisions of book 1 of the penal Code, including Chapter VII and article 85, are applicable to the offences referred to in paragraph 1.
Without prejudice to the application of the normal rules on recidivism, the fine provided for in paragraph 1 is doubled for offence occurring within five years after a conviction entered into force of res judicata pronounced by the head of the same offence.
S. 7. officers commissioned to this end by the Minister who has the economy in charge, in the light of the minutes finding an infringement prepared by officers designated pursuant to section 3, may propose to offenders the payment of a sum which extinguished public action.
Tariffs as well as the terms of payment and collection are set by the King.
The sum provided for in paragraph 1 cannot be greater than the fine provided for in article 6, together with the additional decimated.
Payments are made within the time limit indicated off public action unless previously, a complaint was sent to the Prosecutor, the investigating judge was required to instruct or the tribunal was seized of the fact. In these cases, the amounts paid are returned to the offender.
S. 8. the King fixed upon proposal by the Minister having the economy in charge, the procedure for the designation, control and evaluation of the technical assessment according to Regulation (EU) No 305/2011 bodies.
S. 9. the King fixed, on proposal by the Minister having the economy in attributions, the procedure for the assessment and notification of bodies authorized to perform tasks under the procedure assessment and verification of constancy of performance, as well as their control when they are notified in accordance with Council Regulation (EU) No 305/2011 as third parties.
S. 10. the King lays down the rules for the product Contact Point for the Construction as provided for in article 10 of Regulation (EU) No 305/2011.
CHAPTER 3. -Technical commission of the Construction art. 11 § 1. The King creates on a proposal from the Minister that the economy a consultative committee called "Technical Commission de la Construction - Technische Commissie voor de Bouw", abbreviated "CTC – TCB" composed of representatives of the ministerial departments federal, regional and community concerned, specialized public interest organizations and interested professional organisations. The King sets the provisions for the appointment of the members in the same order.
The provisions of the preceding paragraph shall apply without prejudice to the provisions of rule 92ter of the Special Act of 8 August 1980 institutional reforms.
This Board gives opinion on all matters relating to the application of the Regulation (EU) No 305/2011 and during the preparation of the planned orders in application of article 2, § 1.
It can make proposals with regard to the provisions developed in accordance with article 2, § 1. It defines its rules of procedure taking into account the optional presence of the representatives of the regional and community departments concerned.
§ 2. The fixed King in an order, after the opinion of the Committee provided for in the first paragraph, the Statute and the procedure for the establishment of Technical Specifications (in short "STS") which are, for the prescribers or owners, developing frameworks to support the voluntary quality processes in the construction. The reference to these STS is a voluntary choice of specifiers / contractors, except if there is a reference in a regulation.
§ 3. In the waiting for the entry into force of the order provided for in the first paragraph, the Ministerial Decree of 6 September 1991 on the establishment of specifications-types in construction amended by ministerial order of September 28, 2009 continue to apply. The advisory commission created by this order keeps his skills during this period and shall exercise the powers that this Act assigns to the commission established pursuant to paragraph 1.
CHAPTER 4. -Repeal of the Ministerial Decree of 6 September 1991 on the establishment of specifications-types in the building arts. 12. article 1 of the Ministerial Decree of 6 September 1991 on the establishment of specifications-types in the construction, as amended by ministerial order of September 28, 2009, is repealed on the date of the entry into force of the order described in article 11, § 1.
S. 13. articles 2, 4, 11, 12, 13, 14, 15, 17, 18, 19 of the same order are repealed at the date of the entry into force of the order described in article 11, § 2.
CHAPTER 5. -Provisions finals s. 14 are repealed: 1 ° Act of 25 March 1996 implementing the directive of the Council of the European communities of 21 December 1988 on the approximation of the laws, regulations and administrative action in the Member States concerning provisions of 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 organizations of attestation of conformity for the CE marking of construction products.
S. 15. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: the Deputy Prime Minister and Minister of economy, consumers and the North Sea, J. VANDE LANOTTE the Deputy Prime Minister and Minister of Social Affairs and public health, Ms. L. ONKELINX Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET the Secretary of State for energy, M. WATHELET Scellé of the seal of the State : The Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2988 - No. 1.
-Amendments 53-2988 - No. 2.
House of representatives.
-Text adopted by the commission, 53-2988 - No. 3. -Report, 53-2988 - No. 4. -Text adopted in plenary meeting and forwarded to the Senate, 53-2988 - No. 5.
Compte rendu intégral. -14 November 2013.
-Project not mentioned by the Senate, 5-2345 - No. 1.