Name of law Law amending and supplementing the law on technical requirements for products Named on the Bill a bill amending and supplementing the law on technical requirements for products of acceptance Date 04/05/2011 number/year 2011 Official Gazette Decree No 38/97

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on technical requirements for products, adopted by the National Assembly of the HLI may 4, 2011.

Issued in Sofia on 12 May 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on technical requirements for products (promulgated, SG. 86 of 1999; amend., SG. 63 and 93 since 2002, no. 18, and 107 since 2003, issue 45, 77, 88, 95 and 105 by 2005, issue 30, 62 and 76 in 2006, and 41/86 of 2007 74/2009 and no. 80 of 2010.)

§ 1. In art. 5 make the following amendments and additions:

1. Paragraph 3 is replaced by the following:

"(3) When there are no technical specifications referred to in paragraph 1. 2, it is believed that construction products may be used in the works, depending on the intended use for them when their performance and methods of their determination shall meet the requirements of:

1. regulations for the design, implementation, control and maintenance of the works, when they contain requirements for construction products, and/or

2. national standards which bring European or international standards;

3. the Bulgarian national standards or national standards equivalent to the Bulgarian methods and requirements when no standards under item 2;

4. Bulgarian technical approvals, when no standards under item 2 and 3. "

2. in the Al. 4, after the words "the application of the" added "regulations and".

§ 2. In art. 7, para. 1 creating a t. 6:

6. additional obligations of producers, importers and traders, when such are defined in the relevant directive of the European Union of the "new approach."

§ 3. In art. 8 al. 2 shall be amended as follows:

"(2) of the Ordinance under art. 7 for the essential requirements for building works and the assessment of the conformity of construction products is determined the procedure for the issuance of technical approvals and for the introduction of Guidelines for European technical approvals.

§ 4. In art. 9 is hereby amended as follows:

1. In paragraph 8. 2 paragraph 1 shall be replaced by the following:

"1. the issue, refuse or revoke permissions to individuals to carry out assessment of the conformity of construction products and for issuing technical approvals, update, expand, refuses or limits of coverage expansion permits issued pursuant to this chapter;".

2. Paragraph 4 is replaced by the following:

"(4) the Minister of regional development and public works shall inform the European Commission and the Member States of the European Union, for the issuance, withdrawal, the enlargement and restriction of scope of permissions to perform a conformity assessment of the products, as well as for the withdrawal of authorisations issued and for the granting of European technical approvals.

§ 5. In art. 10, para. 3 the word "European" shall be deleted.

§ 6. In art. 12 (b) the following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. Al are created. 2 and 3:

"(2) for the updating and extension of the authorization to carry out the assessment of conformity of construction products and for issuing technical approvals shall be filed a new application under art. 11.

(3) the updating of permits issued to individuals to carry out assessment of the conformity of construction products and for issuing technical approvals shall be carried out on the basis of the amendments of the technical specifications referred to in art. 5, al. 2 and/or 3 and proven technical competence for their reporting on assessment of conformity. "

§ 7. In art. 15 the following modifications are made:

1. In paragraph 8. 1 the text before point 1 shall be replaced by the following: "the authority under art. 9, which granted the authorisation to carry out conformity assessment, takes or limits the scope, where checks reveal that the notified body: ".

2. paragraph 2 is repealed.

3. Paragraph 3 is replaced by the following:

"(3) the authority under art. 9 shall inform the notified body of any withdrawal or restriction of the scope of the authorization within 7 days of the issuance of the warrant. "

§ 8. Article 17 is amended as follows:

"Art. 17. For the issue of authorisations to carry out conformity assessment and issuance of technical approvals for widening the scope of permits issued for their update or reissue, for the inspection of documents, the on-the-spot verification, including the annual planned checks, collect stamp duty in the amount set out in the tariff approved by the Council of Ministers. "

§ 9. Article 19 shall be amended as follows:

"Art. 19. (1) the State Agency for metrological and technical surveillance, according to Ministry of regional development and public works, results registers of issued and withdrawn permissions to perform a conformity assessment.

(2) data from the registers shall be published in the official bulletin of the State Agency for metrological and technical surveillance, according to the website of the Ministry of regional development and public works. "

§ 10. In art. 26 and the following modifications are made:

1. In paragraph 8. 1, the words "Directive 2005/32/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council ' shall be replaced by" directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for products energy-related (OJ L 285/10 from 31 October 2009), hereinafter referred to as "the directive 2009/125/EC".

2. in the Al. 2 the words "the Minister of economy and energy" are replaced with "Minister of economy, energy and tourism.

§ 11. In art. 26 (e) is hereby amended as follows:

1. In paragraph 8. 1 in the text before paragraph 1 the word "EPE" is replaced by "DOG".

2. in the Al. 2 and 3 the word "EPE" is replaced by "DOG".

3. in the Al. 4:

and in the text) before item 1, the words ' European Community ' shall be replaced by "the institutions of the European Union";

b) in paragraph 2 the word "EPE" is replaced by "DOG".

§ 12. Article 26 is amended as follows:

"Art. 26. energy-related product that has received the EU eco-label pursuant to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU ecolabel (OJ L 27/1 of 30 January 2010), it is believed that complies with the requirements of the applicable implementing measure under art. 26 a, insofar as those requirements are met by the EU eco-label. "

§ 13. In art. 26 (g) is hereby amended as follows:

1. In paragraph 8. 1 the word "EPE" is replaced by "DOG".

2. in the Al. 2 the words "Council decision 93/465/EEC concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives" are replaced by "Annex II to decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Decision 93/465/EEC (OJ , L 218/82 of 13 August 2008).

3. in the Al. 3 the word "EPE" is replaced by "DOG".

§ 14. Article 26 shall be amended as follows:

"Art. 26. (1) If a DOG falling within the scope of the implementing measures referred to in art. 26A is designed by an organisation registered in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) and repealing Regulation (EC) no 761/2001 and decisions 2001/681/EC and 2006/193/EC (OJ , L 342/1 of 22 December 2009), and the design of products "is included in the scope of registration, it is believed that the system for the management of such an organisation is in compliance with the requirements of the procedure" management system for conformity assessment ".

(2) If the management system of the organisation that designs DOG, falling within the scope of implementation measures under art. 26 and includes the design of products and complies with the harmonised European standards, the reference numbers of which have been published in the official journal of the European Union, it shall be deemed to conform to the requirements of the procedure "management system for assessing conformity."

§ 15. In art. 26 (k) is hereby amended as follows:

1. In paragraph 8. 2, item 2, the word "EPE" is replaced by "DOG".

2. in the Al. the words "European Community" shall be replaced by "the institutions of the European Union".

§ 16. In art. 26 p the following modifications are made:

1. In paragraph 8. 1, the words "Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations" shall be replaced by ' Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services.

2. in the Al. 2 anywhere the word "EPE" is replaced by "DOG".

§ 17. In art. 26 p the following amendments and additions:

1. In paragraph 8. 1 the word "EPE" is replaced by "DOG".

2. in the Al. 2:

a) in paragraph 2 the word "EPE" is replaced by "DOG";

(b) in point 7), after the words "to have" is added "detailed, transparent and objective";

c) in item 9, the words "Directive 2005/32/EC" shall be replaced by "directive 2009/125/EC".

§ 18. In art. 30 and Al are created. 5 and 6:


"(5) when the product poses a serious risk, the market surveillance authorities require the user to stop using it, and of the manufacturer, importer or dealer – to recall the product. In cases where the risk cannot be eliminated, technically they require destruction of the product. The order of application of these measures shall be determined by the Ordinance under art. 30 (e).

(6) the provisions of para. 4 does not apply to construction products. "

§ 19. In art. 30 in, al. 2, the words "and 4" shall be replaced by ' 4 and 5 ".

§ 20. In art. 34 Al is created. 5:

"(5) the technical examinations, checks and tests during operation of the equipment can be carried out by the notified bodies, when the Ordinance under art. 7 or under art. 31 provides. In the Ordinance referred to in para. 2 identify high risk facilities, whose technical examinations, checks and tests shall be carried out by the notified bodies. "

§ 21. In art. 51 (d), the words "Regulation (EC) no 2422/2001 of the European Parliament and of the Council on the Community programme for labelling for Office equipment energy efficiency ' are replaced by ' Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling for Office equipment (OJ L 46/1 of 13 February 2008).

§ 22. In art. 52 is the words "Regulation (EC) no 2422/2001 of the European Parliament and of the Council on the Community programme for labelling for Office equipment energy efficiency ' are replaced by ' Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling for Office equipment".

§ 23. In art. 53 the words "and 4" shall be replaced by ' 4 and 5 ".

§ 24. In the additional provisions the following amendments and additions:

1. In paragraph 1:

(a)) in the Al. 1:

AA) point 11 is replaced by the following:

"11." energy-related product (DOG) "means any product placed on the market and/or put into service, which in its use has an impact on energy consumption, including parts intended for installation in energy-related products which are placed on the market and/or put into service as individual parts for end-users, the environmental performance of which can be assessed independently;

BB) in paragraph 12, the word "EPE" is replaced by "DOG";

BB) in paragraph 13, the words "Directive 2005/32/EC" shall be replaced by "directive 2009/125/EC", and the word "EPE" is replaced by "DOG";

yy) in item 14, 15, 16, 17, 18, 19, 25, 26, 27, 28 and 29 everywhere the word "EPE" is replaced by "DOG";

(b)) a new para. 3:

"(3) for the purposes of this law shall apply the definition of" recall ", referred to in art. 2, paragraph 14 of Council Regulation (EC) no 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218/30 of 13 August 2008). "

2. § 3, para. (3) in the second sentence the words "the implementation of the technical specifications referred to in art. 5, al. 2 it is mandatory, except in the cases laid down by ' shall be replaced by "Application of the standards referred to in art. 5, al. 2, item 1 is required in the area of ".

3. In paragraph 6:

(a)) in the Al. 1 the words ' Regulation (EC) no 2422/2001 of the European Parliament and of the Council on the Community programme for labelling for Office equipment energy efficiency ' are replaced by ' Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling for Office equipment ";

(b)) in the Al. 2, the words "Annex" c "shall be replaced by" Annex "c".

4. In paragraph 6 (b), the words "Directive 2005/32/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council ' shall be replaced by" directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products ".

§ 25. In other texts of the law the words "energy-using products" and "EPE" are replaced with "energy-related products" and "DOG".

The law was adopted by 41-Otto National Assembly on 4 May 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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