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Order On Marketing, Sales And Market Surveillance Of Construction Products

Original Language Title: Bekendtgørelse om markedsføring, salg og markedskontrol af byggevarer

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Table of Contents
Chapter 1 Scope and definitions
Chapter 2 Marketing and selling
Chapter 3 Market Control
Chapter 4 Administrative provisions
Chapter 5 Entry into force and transitional provisions
Appendix 1

Publication concerning the marketing, sale and market control of construction products 1)

In accordance with section 30 (2), Paragraph 2, section 31 (1). 1, Section 31 A, paragraph 1. Paragraph 1, Section 31 B, paragraph 1. 5, section 31 C (3). 1, and section 31 D of the build code, cf. Law Order no. 1185 of 14. In October 2010, as amended by law no. 640 of 12. June 2013, shall be determined :

Chapter 1

Scope and definitions

§ 1. The commuting shall include all construction products placed in circulation or made available on the market.

§ 2. For the purposes of this notice :

1) Built : any product or system produced and brought into circulation with a view to permanent in buildings, works works or parts thereof, and whose performance impacts on buildings or works of construction work for as far as it is concerned ; the basic requirements for buildings or plant works.

2) The Construction Regulation : Regulation (EU) of the European Parliament and of the Council. 305/2011 of 9. March 2011, laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89 /106/EEC, cf. Annex 1.

3) Harmonised standard : a standard adopted by one of the European standardisation bodies set out in Annex 1 to Directive 98 /34/EC of the European Parliament and of the Council of 22. In June 1998, an information procedure with regard to technical standards and regulations, on the basis of a request from the Commission pursuant to Article 6 of that Directive, shall be based on a request from the Commission.

4) European technical assessment : a documented assessment of the performance of construction products in relation to their significant characteristics in accordance with the respective European assessment document, cf. species. 2, no. 12 of the Construction Regulation.

5) Manufacturer : any natural or legal person who manufactures a construction product or is designed to be constructed or manufactured and placed on the market of this item under his name or trade mark.

6) Authorised representative : Any in the Union established natural or legal persons who have received a written authorization from a manufacturer to act on its behalf in the context of the taking of specific tasks.

7) Importers : any natural or legal person established in the Union and which brings a construction product from a third country into the EU market for turnover.

8) Distributor : Any natural or legal person in the supply chain, excluding the manufacturer or importer, which makes a construction item available on the market.

9) Accutors : the manufacturer, the importer, the distributor or the authorised representative.

10) Bringing in turnover : first available in a market.

Chapter 2

Marketing and selling

§ 3. Manufacturers, authorized representatives, importers and distributors may only market or sell construction products if the following conditions are met, cf. however, section 4 :

1) The build item is suitable for use on the market or sold to.

2) The build product meets the requirements laid down in :

a) a harmonized standard or a European technical assessment or, if there is no such thing,

b) a Danish standard, approval or labelling, or by default, approval or marking in another EU or EEA country that satisfies the requirements of the Danish standard, approval or labelling.

3) De in no. 2 (a) of the abovementioned construction products must also meet the other requirements for the marketing and sale of construction products, including the performance declaration and the CE marking.

Paragraph 2. Manufacturers, authorized representatives, importers and distributors shall in the case of marketing and sale in accordance with paragraph 1. Paragraph 1 shall point out that a construction product may only be used in a building or construction work if it also meets possible additional legislation, as laid down in the case of the use of the construction product.

§ 4. Corporate operators may only market and sell construction products not covered by Section 3 (3). 1, in this country, where the construction product meets any requirements laid down in the construction legislation or any other legislation applicable to the use of the construction product.

§ 5. The placing on the market of construction products shall not be used by the use of incorrect or unjustifiable indications which are suitable for misleading the use of the building product ' s legal use in construction or on the characteristics of the product.

Paragraph 2. The rigour of a declaration on actual facts must be able to be documented.

§ 6. The performance declaration and the CE marking of the construction product shall be available in Danish or English.

Paragraph 2. Use instructions and safety information shall be available in Danish.

Chapter 3

Market Control

§ 7. The DEA is supervising the compliance of the rules in section 3-6. The supervision may be carried out by random sampling.

Paragraph 2. In the case of construction products covered by a harmonised standard or a European technical assessment, the DEA may require evidence that marketing and sale are in accordance with the Construction Regulation, including :

1) the construction product is equipped with the CE marking,

2) the CE marking has been correctly applied,

3) the performance declaration is available and that the necessary underlying technical documentation has been drawn up.

Paragraph 3. In the case of construction products covered by a compulsory Danish standard, approval or labelling scheme, the Energy Management Board may require documentation,

1) the construction product is marked correctly,

2) that any approval and appropriate test reports are available ; and

3) any certification has been made to the establishment.

Paragraph 4. For construction products covered by a standard approval or marking in another EU or EEA country, the DEA may require documentation to satisfy the requirements of the standard, approval or labelling in question at the same level as that ; equivalent Danish standard, approval or labelling for the construction product concerned.

Paragraph 5. In the case of construction products not covered by a harmonised standard, a European technical assessment, a Danish standard, approval or marking, or by any equivalent standard, approval or labelling of another EU or EEA country, may The DEA will require documentation to ensure that the construction product meets any requirements laid down in the construction legislation or any other legislation on the use of the construction product.

Paragraph 6. For all construction products, the DEA may require proof of the accuracy of the facts which the operators specify in relation to the placing on the market of the building product's properties and lawful use in construction.

§ 8. For construction products covered by harmonised standards or European technical evaluations, the DEA may require documentation from the operators who bring the builders in circulation or make it available on the market in order to satisfy the requirements ; their obligations in Article 11 (the manufacturers ' obligations), Article 12 (authorised representatives), Article 13 (the importer ' s obligations) and Article 14 of the Construction Regulation of the Distributors.

§ 9. The Energy Management Board may obtain expert assistance in the testing of a construction product. The Energy Management Board may also obtain expert statements, where it is deemed necessary to decide whether or not to make an injunction in accordance with Section 31 A (3) of the building. 1 or 2 or no prohibition shall be issued.

Paragraph 2. The DEA may impose on the manufacturer, authorized representative, importer or distributor who have delivered the construction product on the Danish market ;

1) to conduct the costs of testing, expert assistance or declarations, in accordance with the requirements of the said test. paragraph 1, if test shows that the construction product does not meet the requirements laid down in the buildings law, rules laid down under the structure of the buildings, rules of other legislation or of the European Union Regulations or Directives ; and

2) to reimburse the costs of construction products which are purchased in the retail field at the retail level when testing shows that the construction product does not meet the requirements laid down in the building code, rules laid down in the structure of the structure, rules of other legislation ; or in the European Union regulations or directives.

Paragraph 3. The Agency for Energy Management may impose assistance on any part of the transposition of goods and to bear the costs of such assistance.

§ 10. The DEA may be able to control private companies or public authorities to perform the practical control functions in connection with market control.

Paragraph 2. Private companies may carry out market controls on premises which are available to the public. The monitoring executive may require documentation as referred to in section 7 (3). 2-6, and request other information to assess the properties of the build item.

Chapter 4

Administrative provisions

§ 11. Where the climate, energy and the building minister, according to section 31 A and 31 B are conferred to administrative powers, the Energy Management Board shall exercise such powers.

Paragraph 2. Decisions on which the Energy Management Board shall take part pursuant to Section 31 A or pursuant to this notice shall not be made for the climate, energy and the building minister.

§ 12. The DEA may publish the results of a controlled market control. If the DEA has issued an injunction on the structure of the building paragraph 31 A, paragraph 1. 3, the Energy Management Board may publish the contents of the tender and the name of the person or undertaking to which it is addressed. Publication can be done on the energy management website, via the press or in print media, where the date of an announced bulkhead is also indicated.

Paragraph 2. Publication, cf. paragraph The first is to be able to take place when the decision is notified to the parties. Publication under paragraph 1. 1 may be carried out after consultation of the establishment concerned. The publication of the Energy Management Web site is limited to a period of two years for information which is not of a purely statistical nature. When the person or undertaking which has received an opening has documented that the illegal situation has been brought to order, this will be published.

§ 13. With fine punishment, the person violating section 3 to 6.

Chapter 5

Entry into force and transitional provisions

§ 14. The announcement shall enter into force on 1. July, 2013.

Paragraph 2. Publication no. 1075 of 10. In November 2008 on the CE marking and market control of construction products are hereby repealed.

Paragraph 3. Publication no. 118 of 16. February 1998 on the entry into force of the Community Directive on the approximation of the laws, regulations and administrative provisions of the Member States relating to construction products with the amendments resulting from the Community Directive amending, inter alia, the Community Directive on construction products shall be repealed.

Paragraph 4. Construction items that have been placed on the market or sold here in the country before 1. July 2013, shall be examined in accordance with the provisions of Notice No 1075 of 10. November 2008 on the marketing, sale and market control of construction products.

Paragraph 5. Construction products that have been put into circulation in accordance with Directive 89 /106/EEC before 1. July 2013, is deemed to be in accordance with the Construction Regulation, cf. Article 66 of the Construction Regulation.

Climate, Energy, and Building Department, the 171. June 2013

Martin Lidegaard

-Ib Larsen


Appendix 1

Regulation (EC) No 2 of the European Parliament and of 305/2011

of 9. March, 2011

laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89 /106/EEC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION HAVE-

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee [ 1 ],

following the ordinary legislative procedure [ 2 ], and

in the following considerations :

(1) The rules of the Member States shall require structures to be constructed and carried out in such a way as to ensure that the safety of humans, livestock or property is not jeopardised and that the environment is not damaged.

(2) These rules are of direct importance to the requirements for construction products. These requirements are therefore set out in national product standards, national technical approvals and other national technical specifications and provisions concerning construction products. As a result of these coldness, trade is hampers trade within the Union.

(3) This Regulation should not affect the right of Member States to lay down the requirements that they consider necessary to ensure the protection of health, the environment and workers when the construction products are used.

(4) Member States have introduced provisions, including requirements which do not only concern security for construction and other structures, but also health, sustainability, energy savings, environmental protection, economic aspects and other aspects which : is of significance for the common good. The laws, regulations and administrative provisions governing structures laid down in the Union or in the Member States may affect the requirements for construction products. Since they are likely to have an effect on the functioning of the internal market, such laws, regulations or administrative provisions or case law should be taken up as 'provisions' in the context of this regulation.

(5) When applicable, provision is made for the intended use or uses of a construction product in a Member State for the purpose of meeting the basic requirements for structures, which are the essential characteristics to be declared ; performance for. In order to avoid empty performance clarifications, at least one of the essential properties of the construction product concerned should be declared relevant to the relevant or deprepped usages.

(6) The objective of Council Directive 89 /106/EEC of 21. In December 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to construction products [ 3 ] was to remove technical barriers to trade for the promotion of free movement within the internal market.

(7) In order to meet this objective, Directive 89 /106/EEC provides for the establishment of harmonised standards for construction products and on the allocation of European technical approvals.

(8) Directive 89 /106/EEC should be replaced in order to simplify and clarify the current framework and improve the transparency and effectiveness of existing measures.

(9) This Regulation should take into account the horizontal legal framework for the placing on the market of products in the internal market, as laid down by Regulation (EC) No 2 of the European Parliament and of the Council. 765/2008 of 9. July 2008, on the requirements for accreditation and market surveillance in relation to the marketing of products [ 4 ] and the decision of the European Parliament and of the Council no. 768 /2008/EC of 9. July 2008 on a common framework for the placing on the market of products [ 5 ].

(10) The removal of technical barriers to trade can only be achieved through the establishment of harmonised technical specifications for the assessment of the performance of construction products.

(11) These harmonised technical specifications should include testing, calculation and other means defined in harmonised standards and European assessment documents (European Assessment Documents) for the assessment of performance in relation to the essential characteristics of construction products.

(12) The methods used by the Member States in their requirements to structures, as well as other national rules with regard to the essential properties of construction products, should be in accordance with harmonised technical specifications.

(13) Where appropriate, in the context of essential properties of construction products, the use of performance classes of harmonised standards should be encouraged, so that different levels of basic requirements are taken into account ; structures for certain structures and for differences in climatic, geology and geography and in other prevailing conditions in the Member States. On the basis of a revised mandate, the European standards bodies should have the right to define these classes if the Commission has not already established them.

(14) When the intended application requires frontier levels in respect of a significant property to be met by construction products in the Member States, these levels should be laid down in the harmonized technical specifications.

(15) In the assessment of the performance of a building performance, consideration should also be given to the health and safety aspects of its use throughout its life cycle.

(16) The border levels established by the Commission pursuant to this Regulation should be generally recognised values for the essential characteristics of the construction product concerned in relation to the Member States ' provisions and should ensure a high level of protection, cf. Article 114 of the Treaty on the Functioning of the European Union (TFEU).

(17) Limit capacity may be technical or legal in nature and may apply to one or more properties.

(18) The European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) are recognised as competent organisations for the adoption of harmonised standards in accordance with the general principles ; guidelines for cooperation between the Commission and these two organisations, which were signed on 28. March 2003. Manufacturers should use these harmonised standards when the references to them have been published in the Official Journal of the European Union, and according to the criteria laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22. In June 1998, an information procedure with regard to technical standards and regulations, as well as requirements for information society services [ 6 ]. Where adequate technical and scientific expertise has been achieved in respect of all the relevant aspects, the application of harmonised standards for construction products should be increased, including, where necessary, and after consulting the standing construction committees by, mandates to require such standards to be drawn up on the basis of existing European assessment documents.

(19) The procedures laid down in Directive 89 /106/EEC to assess the performance of essential properties for construction products not covered by a harmonized standard should be simplified in order to make them more transparent and reduce the cost to manufacturers of construction products.

(20) In order to make it possible for a manufacturer of a construction product to prepare a performance declaration for a construction product not covered or not fully covered by a harmonised standard, it is necessary to lay down rules on a European Union ; technical assessment.

(21) Manufacturers of construction products should be able to request the issue of European technical assessments of their construction products on the basis of the guidelines for European technical approvals granted pursuant to Directive 89 /106/EEC. The right to use these guidelines as European rating documents should therefore be safeguarded.

(22) The preparation of draft European assessment documents and the issue of European technical assessments should be left to technical assessment bodies designated by the Member States. In order to ensure that the technical assessment bodies are in possession of the necessary competencies for carrying out these tasks, the requirements for their designation should be laid down at EU level.

(23) The technical assessment bodies should establish an organisation (hereinafter referred to as ' the ' organisation of technical assessment bodies `), possibly with EU-financed support, to coordinate the preparation of draft European-European-European-European-rated studies. assessment documents and the issue of European technical assessments and to ensure transparency, as well as the necessary confidentiality of these procedures.

(24) When a construction product is brought into circulation which is subject to a harmonized standard or for which a European technical assessment is issued, it should be accompanied by a performance declaration with regard to the essential characteristics of the building product ; in accordance with the relevant harmonized technical specifications, except in the cases provided for in this Regulation.

(25) The performance clarification should be accompanied, where appropriate, by information on the content of the building product, in order to provide better opportunities for sustainable construction and to facilitate the development of environmentally friendly products. Such information should be given without prejudice to the obligations laid down in other Community acts relating to dangerous substances in particular, and should be made available simultaneously and in the same form as the performance declaration ; for the purpose of reaching all potential users of construction products. The information on the content of dangerous substances should, up to now, be limited to substances referred to in Articles 31 and 33 of Regulation (EC) No 2 of the European Parliament and of the Council. 1907/2006 of 18. December 2006 on the registration, assessment and approval of and restrictions on chemicals (REACH), on the creation of a European Chemicals Agency [ 7 ]. However, the specific need for information on the content of the building goods content of dangerous substances should be further examined in order to prepare a complete list of relevant substances and ensure a high level of health and safety protection for workers who use construction products and for the users of structures, including in relation to the recovery and / or reusable requirements that are made to parts or materials. This Regulation shall be without prejudice to the rights and obligations of the Member States under any other EU acts which may be applicable to dangerous substances, in particular the Directive 98 /8/EC of the European Parliament and of the Council of 16. February 1998 on the marketing of biocidal products [ 8 ], Directive 2000 /60/EC of the European Parliament and of the Council of 23. In October 2000, establishing a framework for the Community's water policy measures [ 9 ], Regulation (EC) No 19, 1907/2006, Directive 2008 /98/EC of the European Parliament and of the Council of 19. in November 2008 on waste [ 10 ] and the Regulation of the European Parliament and of the Council (EC) No 14 1272/2008 of 16. December 2008 on the classification, labelling and packaging of substances and mixtures [ 11 ].

(26) It should be possible to enumerate the performance declaration in accordance with the reference number of the product reference number.

(27) It is necessary to introduce rules for simplified procedures for the preparation of performance clarifications in order to facilitate the financial burden for businesses, especially small and medium-sized enterprises (SMEs).

(28) In order to ensure that the declaration is accurate and reliable, the performance of the builder should be evaluated and the production at the plant should be checked for an appropriate system of assessment and control of the performance of construction products. It will be possible to use a number of systems for a given construction product to take account of the specific link between some of its essential characteristics and the basic requirements of construction.

(29) In view of the peculiarities of construction products and the particular focus on the system for assessing them, the conformity assessment procedures shall be the conformity assessment procedures (s). The 768 /2008/EC and the modules that are included therein are not appropriate. Special methods should therefore be drawn up for the assessment and verification of the conformity of the performance with regard to the essential characteristics of the construction products.

(30) As a result of the difference in the importance of the CE marking of construction products, in relation to the general principles of Regulation (EC) No, The introduction of specific provisions should be laid down for 765/2008 in order to clarify the obligation to affix the CE marking on construction products and its consequences.

(31) By affixing the CE marking or putting it affixed to a construction product, manufacturers should indicate that they are responsible for the conformity of this construction product with the performance of the declared performance.

(32) The CE marking must be affixed to all construction products for which the manufacturer has prepared a performance declaration in accordance with this Regulation. If a performance declaration has not been prepared, the CE marking must not be affixed.

(33) The CE marking should be the only marking of the conformance of the building product conformity with the declared performance and compliance of the applicable requirements in relation to the Union's harmonisation legislation. However, other types of labelling may be used, provided that they contribute to improving the protection of users of construction products and are not covered by the Union's applicable harmonisation legislation.

(34) In order to avoid any unnecessary testing of construction products for which performance has already been sufficiently demonstrated by previous stable test results or other available data, the manufacturer must, on the conditions set out in the harmonized system, Whereas technical specifications or in a decision by the Commission could be decideclearer a specific performance-level, or a specific performance class without testing or without further testing.

(35) In order to avoid duplication of already completed tests, a manufacturer of a construction product should be entitled to make use of test results obtained by a third party.

(36) Conditions for the application of simplified procedures for the assessment of the performance of construction products should be laid down in order to reduce the costs of bringing them into circulation as much as possible without any deterioration in the safety level. Manufacturers using such simplified procedures should provide full evidence to ensure that these conditions are met.

(37) In order to make the market surveillance measures more effective, all of the simplified procedures for the evaluation of the performance of construction products should be applied only to natural or legal persons producing the goods they are manufactured ; bring in turnover.

(38) To further reduce the cost of micro-enterprises in relation to the circulation of construction products they have produced, it is necessary to lay down rules for simplified procedures for the performance assessment when the goods in question are required ; does not entail significant safety risks and, at the same time, meet current requirements, regardless of the origin of these products. In addition, organizations using these simplified procedures should also demonstrate that they meet the requirements for micro-enterprises. They should also follow the applicable control procedures for the performance of the performance according to the harmonized technical specifications for their goods.

(39) For an individual-designed and manufactured construction product, the manufacturer must be entitled to use simplified procedures for the performance evaluation if it can be demonstrated that the product placed in circulation meets the applicable requirements.

(40) The interpretation framework for the definition of the 'outside of series', which is to be used for various construction products covered by this Regulation, should be decided by the Commission in consultation with the standing construction committees.

(41) All operators involved in the supply and distribution chain shall take the necessary measures to ensure that they only bring construction products that comply with the requirements of this Regulation, which intend to ensure the performance of construction products ; and comply with basic requirements for construction products, in circulation or making them available on the market. In particular, importers and distributors of construction products should be aware of the essential requirements concerning the EU market and on the specific requirements of the Member States relating to the basic requirements for structures and the use of this ; knowledge in their commercial transactions.

(42) It is important to ensure access to national technical regulations, so that businesses and, in particular, SMEs, can collect reliable and accurate information about the laws in force in the Member State where they intend to bring their goods in the circulation or to make them available on the market. The Member States should therefore point out product contact points for the construction sector. In addition to the tasks defined in Article 10 (2), Regulation (EC) No 1, in the Regulation (EC) No, of 764/2008 of 9. July 2008 laying down procedures for the application of certain national technical regulations on products marketed legally in another Member State [ 12 ], the product contact points for the construction should also provide information on rules applicable to the building, collection and collection, or the fitting of a specific type of construction product.

(43) In order to facilitate the free movement of goods, the product contact points for the construction should provide for free provision for the purpose of meeting basic requirements for structures which apply to the intended use of each of the building products ; Member State area. The product contact points for the construction may also provide to the traders additional information or observations. For other information, the product contact points for the construction should be able to charge fees which are proportionate to the costs of providing such information or observations. The Member States should also ensure that adequate resources are set aside for the product contact points for the construction.

(44) Since the creation of product contact points for the construction site should not affect the distribution of tasks between the competent authorities of the Member States ' legislative systems, Member States should be able to establish product contact points for the construction in accordance with the provisions of the Member States ; with regional or local competencies. Member States should be able to award the role of product contact point to existing contact points created in accordance with other EU instruments in order to avoid an unnecessary increase in the number of contact points and in order to : simplify administrative procedures. In order not to increase the administrative costs of companies or the competent authorities, Member States should also be able to award the role of product contact point for the construction, not only for existing departments in the public administration, but also to national Solviation centres, chambers of trade, business organisations or private bodies.

(45) The product contact points for the construction should be able to carry out their tasks without any conflict of interest arising, particularly in connection with the procedure for the attainment of CE marking.

(46) In order to ensure equivalence and consistent enforcement of the Union's harmonisation legislation, Member States should carry out effective market surveillance. Regulation (EC) No, The 765/2008 contains the basic conditions for such market surveillance, in particular with regard to programmes, financing and sanctions.

(47) The responsibility of the Member States for safety, health and other matters covered by the basic requirements for structures in their territory should be recognised in a safeguard clause in which appropriate arrangements are made ; protective measures.

(48) Since it is necessary to ensure a uniform level of performance of organs making assessments and checks on the performance of construction products throughout the Union, and since all such bodies should exercise their functions in a consistent manner at a level playing field, these bodies should be required to be notified to perform the tasks referred to in this Regulation. The provision should also be made for the provision of adequate information on such bodies and the supervision of these bodies.

(49) In order to ensure a uniform quality level when assessing and checking the performance of construction products, it is also necessary to lay down requirements to be met by the authorities responsible for notifying the bodies that carry out these ; tasks and give notice to the Commission and the other Member States.

(50) In accordance with Article 291 of the TFEU Regulation, by means of a Regulation following the ordinary legislative procedure, general rules and principles shall be laid down in advance, for the Member States to monitor the Commission's exercise of implementing powers. Pending the adoption of this new Regulation, Council Decision 1999 /468/EC of 28 shall apply. In June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [ 13 ] shall continue to apply, with the exception of the regulatory procedure with checks which do not apply.

(51) With a view to attaining the objectives of this Regulation, the Commission should be given the power to adopt certain delegated acts in accordance with Article 290 of the TFEU. In particular, it is important for the Commission to carry out appropriate consultations during its preparatory work, including at expert level.

(52) The Commission should, in particular, be given the power to adopt delegated acts laying down the conditions for making use of websites to make performance declarations available.

(53) Since a certain period is needed to ensure that the framework necessary for the operation of this Regulation may be implemented, the application of the regulation should be deferred, except for the provisions on the designation of the technical assessment bodies, whether or not, the notifying authorities and notified bodies of the establishment of an organisation of technical assessment bodies and the establishment of the standing construction committees.

(54) The Commission and the Member States should, in cooperation with stakeholders, launch information campaigns to inform the building sector, especially the traders and users of construction products, on the establishment of a common technical language, the distribution of responsibilities ; between the various operators and users, the application of the CE marking to construction products, the revision of the basic requirements for structures and the system of assessment and control of the performance of the performance.

(55) The basic requirements for structures relating to the sustainable use of natural resources should take into account, in particular, the recycling of structures and their materials and parts after demolition, the durability of construction and the use of environmentally compatible raw materials ; and secondary materials in builders.

(56) For the assessment of the sustainable use of resources and of the environmental impact of the structures, environmental trade marks should be used if available.

(57) Where possible, uniform European methods should be drawn up for the definition of compliance with the basic requirements set out in Annex I.

(58) The aim of this regulation, namely to ensure that the internal market for construction products works through harmonised technical specifications to express the performance of construction products, cannot adequately be met by the Member States and can therefore, whereas, therefore, due to its scope and effects on EU plan; the Union can therefore take measures in accordance with the principle of subsidiarity, see it in accordance with the principle of subsidiarity. Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, cf. in this Article, this Regulation does not go beyond what is necessary in order to achieve this objective,

ENCLOSED THIS REGULATION :

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1

Restand

This Regulation lays down the conditions for the construction of construction products or to make them available on the market by establishing harmonised rules on the performance of construction products with regard to their essential characteristics, and use of CE marking on these goods.

ARTICLE 2

Definitions

For the purposes of this Regulation :

1) ' construction product ` shall mean any product or system produced and put into circulation with a view to a permanent construction or part of its construction, and whose performance impacts the performance of the builders in respect of the basic requirements of : the construction,

a system means a construction product placed in the circulation of a single manufacturer as a set of at least two separate components to be combined in order to be installed in the building.

3) "Buildings" : buildings and works works

4) ' essential properties ` shall mean the characteristics of the building goods relating to the basic requirements of construction ;

5) ' performance product performance ` means performance with regard to the relevant material characteristics expressed as a level or class or in a description ;

6 "level" means the result of the evaluation of the performance of a builder in relation to its essential characteristics, expressed as a numerical value ;

" Class " means a scale of levels bounded by a minimum and maximum value for the performance of a builder ;

8) ' limit level ` shall mean a minimum or maximum performance level for a material property of a construction product ;

' 9) ' shall mean a set of representative performance levels or classes of a construction product in relation to its essential properties, obtained by the use of a given combination of raw materials or other elements of a particular production process ;

10) 'Harmonised technical specifications' : harmonized standards and European assessment documents ;

11) 'harmonised standard' : a standard adopted by one of the European standardisation bodies set out in Annex I to Directive 98 /34/EC, on the basis of a request from the Commission pursuant to Article 6 of that Directive,

12) ' European evaluation document ` shall mean a document adopted by the organisation of technical evaluation bodies for the purpose of issuing European technical assessments ;

13) ' European technical assessment ` shall mean a documented evaluation of the performance of construction products in relation to their significant characteristics in accordance with the respective European assessment document ;

14) ' intended use ` shall mean the intended use of the building item as defined in the applicable harmonized technical specification ;

"Specific technical documentation" means documentation indicating that the methods of the assessment and control of the conformity of the performance have been replaced by other methods, provided that the results of the application of these other methods correspond to : the results obtained with the test methods in the relevant harmonized standard,

16) 'make available on the market' : any supply of a construction product for the purposes of distribution or use in the EU market as part of business, courage or non-remuneration ;

17) ' For turnover ' means the initial availability of a construction product on the EU market ;

18) ' operator ` means the manufacturer, the importer, the distributor, or the authorised representative,

19) ' manufacturer ` shall mean any natural or legal person who manufactures a construction product or is designed to be designed or manufactured and marketed under his name or trade mark ;

' distributor ` shall mean any natural or legal person in the supply chain, except for the manufacturer or the importer who makes a construction product available on the market ;

" Importer ` shall mean any natural or legal person established in the Union and which brings a construction product from a third country into the EU market for turnover ;

' authorised representative ` shall mean any natural or legal person established in the Union who have received a written authorization from a manufacturer to act on its behalf in the context of the taking of specific tasks ;

23) "Retraction :" means any measure intended to prevent a construction product in the supply chain being made available on the market ;

"revocation" shall mean any measure intended to ensure that a construction product already made available to the end user is returned ;

(25) 'Accreditation shall be accreditation' shall mean accreditation as provided for in Regulation (EC) No ; 765/2008

' plant ' s own production control ` : documented, continuous and internal production control at a plant, in accordance with the relevant harmonized technical specifications ;

" micro-activity " means a micro-enterprise as defined in the Commission's recommendation of 6. May 2003 on the definition of micro-enterprises, small and medium-sized enterprises [ 14 ]

28) 'life cycle' means the conseiscutive and interconnected steps of a builder's life, from the acquisition of raw materials or from natural resources to the final disposal.

ARTICLE 3

Basic requirements for building works and the essential properties of construction products

1. The basic requirements for structures of Annex I shall form the basis for the preparation of standardization mandates and harmonized technical specifications.

2. The essential characteristics of the Builders are defined in harmonised technical specifications in relation to the basic requirements of structures.

3. For specific families of construction products covered by a harmonized standard, the Commission shall lay down, where appropriate and in the context of the intended use of the goods, as defined in the harmonized standards through delegates, acts in accordance with Article 60 in accordance with Article 60 of the essential characteristics which the manufacturer must declare the performance of the product for when it is put into circulation.

The Commission shall also determine where appropriate, through delegated acts in accordance with the provisions of Article 60, the level of performance of the essential characteristics to be declared for the performance.

CHAPTER II

PERFORMANCE CLARICE AND CE-MARKING

ARTICLE 4

Performance Clarifications

1. If a construction product is subject to a harmonised standard or is consistent with a European technical assessment which has been issued for it, the manufacturer shall prepare a performance declaration for the goods when it is put into circulation.

2. If a construction product is subject to a harmonized standard or is consistent with a European technical assessment which has been issued for it, information on its performance with regard to the essential characteristics as defined in it must be given only information on its performance ; applicable harmonized technical specification when it is part of and is specified in the performance declaration, unless in accordance with Article 5, no performance declaration has been made.

3. In preparation of the performance of the performance, the manufacturer must vouch for the construction product to be in accordance with the performance of the performance. In the case of non-objective information on the contrary, Member States assume that the performance declaration drawn up by the manufacturer is accurate and reliable.

Article 5

Exemptions from the requirement to prepare the performance declaration

Notwithstanding Article 4 (2), 1 and, if there are no EU or national provisions which require the declaration of essential characteristics where the construction of the construction products is intended to be used, a manufacturer may not devise the performance declaration when a construction product is intended to be used ; subject to a harmonised standard, shall be put into circulation where :

(a) the construction product shall be manufactured individually or in accordance with non-compliance objectives in order to meet a specific order and be mounted in a single identified building by a manufacturer which is responsible for the safety of the goods in compliance with the applicable, national provisions and under the responsibility of those responsible for the operation of the work as designated by the applicable national provisions ;

(b) the construction product is produced in the construction site to be included in the building in question, in compliance with the national provisions in force and under the responsibility of those responsible for the completion of the work, as designated by the applicable national ; provisions, or

c) the construction product is manufactured in a traditional manner or in a manner appropriate for the preservation of monuments and an unindustrial process for the proper renovation of structures officially protected as part of a special designated ; the environment or, owing to their special architectural or historical value, in compliance with existing national provisions.

ARTICLE 6

Performance of the performance of the declarative

1. The performance declaration shall express the performance of construction products with regard to the essential characteristics of these goods in accordance with the relevant harmonized technical specifications.

2. The performance of the performance shall include in particular the following information :

(a) a reference to the type of product prepared for the performance of the performance of the performance ;

(b) the system or systems for the assessment and control of the performance of the builder's performance, cf. Annex V

c) the reference number and the date of issue of the harmonized standard or the European technical assessment, which has been used for the assessment of each of the material properties,

(d) where appropriate, the reference number of the specific technical documentation used and the requirements stated by the manufacturer that the product complies.

3. The performance declaration also includes the following :

the intended use or use of the building was in accordance with the applicable harmonized technical specification ;

(b) the list of the essential characteristics as determined in the harmonized technical specification of the declared intended use or of the declared intended uses ;

c) the performance of at least one of the essential characteristics of the building item, which are relevant to the intended use or of the intended uses ;

where applicable, the performance of the construction product, by levels or classes, or in a description, if necessary on the basis of a calculation, in relation to its essential characteristics as determined in accordance with Article 3 (1). 3

(e) the performance of the essential characteristics of the building product associated with the intended use or use of the intended uses, taking into account the provisions relating to the intended use or use of the intended uses, where : the manufacturer intends to make the building market available on the market ;

(f) in the case of any significant properties in the list, which are not being prepared for any performance, the letters "NPD" (No Performance Determined-no performance defined) are used ;

(g) where a European technical assessment has been issued for the product concerned, the performance of construction products by levels or classes, or in a description of it, in relation to all the essential characteristics contained in the European technical nature of the European Union ; assessment.

4. The performance declaration shall be drawn up by applying the model in Annex III.

5. The information referred to in Article 31 or, where appropriate, Article 33 of Regulation (EC) No (EC) No, 1907/2006 must be presented together with the performance declaration.

Article 7

Performance of the performance of the provision

1. For any item being made available on the market, a copy of the performance declaration shall be carried out either in form or by electronic means.

However, if a batch of the same item is delivered to a single user, it is sufficient to include a single copy of the performance declaration, either in paper form or by electronic means.

2. A paper copy of the performance declaration shall be lodged if the recipient requests this.

Three, as an exception to paragraph 1. 1 and 2 the copy of the performance declaration may be made available on a website in accordance with the conditions laid down by the Commission through delegated acts in accordance with Article 60. These conditions shall ensure, inter alia, that the declaration of performance continues to be at least available during the period referred to in Article 11 (1). 2.

4. The performance declaration shall be lodged in the language or languages required by the Member State in which the goods are made available.

ARTICLE 8

General principles and the use of CE marking

Paragraph 1 of the general principles laid down in Article 30 of Regulation (EC) No 2. 765/2008 is used on the CE marking.

2. The CE marking shall be affixed to the construction products for which the manufacturer has prepared a performance declaration in accordance with Articles 4 and 6.

If the manufacturer has not prepared a performance declaration in accordance with Articles 4 and 6, the CE marking shall not be affixed.

By affixing or leaving the CE marking to a construction product, manufacturers shall indicate that they are responsible for the conformity of this construction product with the performance of its declared performance and for its compliance with all applicable requirements according to this ; Regulation and other EU harmonisation legislation on the affixing of the marking.

The provisions relating to the affixing of the CE marking in other relevant EU harmonisation legislation shall apply without prejudice to this paragraph.

3. The CE marking must, for any construction products subject to a harmonized standard or for which a European technical assessment is issued, shall be the only marking, by the conformance of the construction product with the declared performance ; are certified in respect of the essential characteristics subject to the harmonized standard or by the European technical assessment.

Member States may not, in this respect, introduce references and shall withdraw all references in national measures to label the conformity of the performance of the essential characteristics which are subject to a different harmonised standard than the CE marking.

4. Member States must not prohibit or prevent the being made available on the market or being used in their territory or under their responsibility when the declared performance corresponds to the requirements concerning the use in that person ; Member State.

5. Member States shall ensure that the use of the CE marked construction products is not hindered by rules or conditions imposed by public bodies or private bodies acting as a public undertaking or public body on the basis of a a monopoly position or under a public mandate, when the declared performance corresponds to the requirements concerning the application of the Member State concerned.

The methods used by Member States in their requirements to structures and other national rules with regard to the essential properties of construction products must be in conformity with harmonised standards.

Article 9

Rules and conditions for affixing the CE marking

1. The CE marking must be affixed to the construction product or on a label attached to it, so that it is visible, legible and cannot be deleted. Where the goods are such that this is not possible or justified, the label shall be affixed to the packaging or in the accompanying documents.

2. The CE marking shall be followed by the last two digits of the year of the year in which the CE marking was first placed, the name and registered address of the manufacturer or an identification mark making it possible to establish the name and address of the manufacturer on light and unambiguity, the unique identification code of the type, the performance reference number, the level or class of the performance of the designated harmonized technical specification, the identification number of the harmonized technical specification, notified body, where appropriate, and the intended use as ; determined in the harmonized technical specification.

3. The CE marking must be affixed before the construction product is put into circulation. The CE marking may be affixed to a pictogram or another form of indication, in particular, for particular risk or use.

Article 10

Product contact points for the construction

1. Member States shall designate product contact points for the construction provided for in Article 9 of Regulation (EC) No 2. 764/2008.

Article 10 and 11 of Regulation (EC) No 2, 764/2008 shall apply to product contact points for the construction.

For the tasks defined in Article 10 (2), Paragraph 1, of Regulation (EC) No, EUR 764/2008 shall ensure that each Member State ensures that the product contact points for the construction of a clear and understandable language provide information on the provisions of the Member State ' s territory, which are designed to comply with basic requirements for structures that apply to them ; for the intended use of each building item, cf. Article 6 (1). Paragraph 3 (e) of this Regulation.

4. The product contact points for the construction must be able to carry out their tasks without any conflict of interest arising, particularly in connection with the procedure for the attainment of CE marking.

CHAPTER III

OBLIGATIONS OF THE BUSINESS VENTURE

Article 11

Obligations of manufacturer

1. Manufacturers shall prepare a performance declaration in accordance with Articles 4 and 6 and shall affix the CE marking in accordance with Articles 8 and 9.

Manufacturers shall prepare a technical documentation as the basis for the performance of the performance, describing all the relevant elements of the required system for the assessment and control of the performance of the performance.

2. Manufacturers must keep the technical documentation and the performance declaration for 10 years after the construction of the construction product has been put into circulation.

The Commission may, through delegated acts in accordance with Article 60, amend this period for the families of construction products on the basis of the projected life expectancy or role of the building site.

3. Manufacturers ensure that procedures are established to ensure that a series of serial numbers maintains the performance of the set performance. Due account shall be taken of changes in the product type and in the applicable harmonized technical specifications.

When it is considered appropriate to ensure accuracy, reliability and stability of the performance of a built product, the manufacturer must carry out spot checks on construction products that have been put into circulation or made available on the market ; examine and, where necessary, keep records of complaints, goods that do not comply with the requirements and the trade recalls and keep the distributors informed of this monitoring.

4. The manufacturer must ensure that their construction products are equipped with a type, batch or serial number or any other indication by which they can be identified, or if, because of the size or nature of the product, they are not possible for them to be identified ; the information required shall appear on the packaging or by a document accompanying the construction product.

5. The manufacturer must, on the construction product, or if this is not possible on the packaging or in a document accompanying the construction product, enter their name, registered company designation or registered trademark and address where they can be contacted. The address is the address of a single location where the manufacturer can be contacted.

6. when the manufacturer makes a construction product available on the market, the manufacturer ensures that the goods are accompanied by an instruction manual and safety information in a language laid down by the Member State in question which is easily understandable to users.

7. If a manufacturer finds or has reason to believe that a construction product which has been put into circulation by the manufacturer, it is not in conformity with the performance declaration or does not comply with other requirements in force in this Regulation, the manufacturer must immediately : take the necessary remedial measures to bring the construction product concerned in accordance with the legislation or, if necessary, withdraw it or call it back. In addition, where the product poses a risk, the manufacturer must notify the competent national authorities of the Member States where the manufacturer has made the building available, on this subject, and provide details of the non-conformity of the manufacturer ; with the legislation and the remedial remedial measures.

8. The manufacturer must, by extension of a competent national authority ' s reasoned request, provide it with all the information and documentation necessary to establish the conformity of the construction product with the performance declaration and the observance of others ; applicable requirements of this Regulation, in the light of this authority, in an understandable language. They shall, if requested by this authority, cooperate with the measures taken in order to eliminate the risks of construction products that they have put into circulation.

Article 12

Authorised representatives

1. A manufacturer may, by written authorization, designate a authorised representative.

The preparation of technical documentation is not included in the mandate of the notified body.

2. A representative of the authorised representative shall perform the tasks set out in the power of attorney. The complete authority must, at least, enable the authorised representative to perform the following tasks :

(a) ensure that the declaration and technical documentation are available to the national supervisory authorities during the period referred to in Article 11 (1). 2

(b) on the basis of a competent national authority ' s reasoned request, to provide it with all the information and documentation necessary for the conformity of the construction product with the performance declaration and other applicable requirements of this Regulation ;

c) cooperation with the competent national authorities, if so requested, of the measures taken to eliminate risks to which the construction products are subject to the power of the authorized representative, shall be taken.

ARTICLE 13

Responsibilities of importers

1. importers only bring construction products that satisfy the requirements in force in this Regulation for turnover on the EU market.

2. Before they bring a construction product in circulation, importers shall ensure that the assessment and verification of the conformity of the performance has been carried out by the manufacturer. They shall ensure that the manufacturer has produced the technical documentation referred to in Article 11 (1). The second subparagraph of Article 4 and the performance of the performance of the performance in accordance with Articles 4 and 6. They shall also ensure that the goods in which it is required are provided with the CE marking that the goods are accompanied by the required documentation and that the manufacturer has met the requirements of Article 11 (1). 4 and 5.

If an importer finds or has reason to believe that a construction product is not in conformity with the performance declaration or does not comply with other applicable requirements of this Regulation, the importer does not bring this construction product into circulation before it meets it ; the performance declaration and compliance with other applicable requirements of this Regulation or the performance declaration shall be fixed. In addition, when the builder presents a risk, the importer must notify the manufacturer and the market surveillance authorities accordingly.

3. The importers must at the construction, or if this is not possible, on the packaging or in a document accompanying the construction product, enter their name, registered company designation or registered trademark and address where they can be contacted.

4. Importers shall, when making a construction product available on the market, ensure that the goods are accompanied by an instruction manual and safety information in a language laid down by the Member State in question, which is easily understandable to users.

5. Importers shall ensure that the storage and transport conditions of construction products for which they are responsible will not endanger their compliance with the performance declaration and their compliance with other applicable requirements of this Regulation.

6. When it is considered appropriate to ensure accuracy, reliability and stability of the set performance of a builder, the importer shall carry out spot checks on construction products that have been put into circulation or made available on the market ; examine and, where necessary, keep records of complaints, goods that do not comply with the requirements and the trade recalls and keep the distributors informed of this monitoring.

7. If an importer finds or has reason to believe that a construction product which the importer has placed in circulation does not comply with the performance declaration or does not comply with other applicable requirements of this Regulation, the importer must immediately take the necessary remedial measures to bring the construction product concerned in accordance with the legislation or, if necessary, withdraw it or call it back. In addition, if the operator is a risk, the importer shall inform the competent national authorities of the Member States where the importer has made the building available, on this subject, and provide details of the non-conformity of the building ; with the legislation and the remedial remedial measures.

8. importers shall, in the period referred to in Article 11 (1), shall be subject to the provisions of Article 11 2, keep a copy of the performance declaration so that it is available to the market surveillance authorities, and ensure that the technical documentation is made available to those authorities if they so request.

9. Importers shall, in the prolongation of a competent national authority ' s request, provide it with all the information and documentation necessary to establish the conformity of the construction product with the performance declaration and compliance with others ; applicable requirements of this Regulation, in the light of this authority, in an understandable language. They shall, if requested by this authority, cooperate with the measures taken in order to eliminate the risks of construction products that they have put into circulation.

ARTICLE 14

Responsibilities of Distributors

1. Distributors must, where they make a construction product available on the market, act with reasonable care to the requirements of this Regulation.

2. Distributors shall ensure before they make a construction product available on the market that it is equipped with CE marking and is accompanied by the documentation required by this Regulation, and on instructions and safety information ; in a language laid down by the Member State concerned, which is easily understandable to users. In addition, distributors shall ensure that the manufacturer and importers have met the requirements of Article 11 (1). 4 and 5, and Article 13 (3). 3.

If a distributor finds or has reason to believe that a construction product is not in conformity with the performance declaration or does not comply with other applicable requirements of this Regulation, the distributor does not make the item available on the market before it meets the performance declaration and compliance with other applicable requirements of this Regulation or the performance declaration shall be corrected. In addition, when the product poses a risk, the distributor must notify the manufacturer or importer and the market surveillance authorities.

3. Distributors shall ensure that the storage and transport conditions of construction products for which they are responsible will not endanger their compliance with the performance declaration or their compliance with other applicable requirements of this Regulation.

4. If a distributor finds or has reason to believe that a construction product to which the distributor has made available on the market is not in conformity with the performance declaration or does not comply with other applicable requirements of this Regulation, the distributor shall ensure that the necessary remedial measures are taken to bring the construction product in question in accordance with the law or, if necessary, withdraw it or call it back. In addition, the distributor must immediately inform the competent national authorities of the Member States in which the distributor has made the product available, to inform the competent national authorities of this information and provide details of the non-conformity of the goods ; with the legislation and the remedial remedial measures.

5. Distributors shall, in the prolongation of a competent national authority ' s reasoned request, provide it with all the information and documentation necessary to establish the conformity of the construction product with the performance declaration and compliance ; other applicable requirements of this Regulation, in the light of this authority, in an understandable language. They shall, if requested by this authority, cooperate with the measures taken in order to avoid the risks of construction products that they have made available on the market.

Article 15

A trap in which the manufacturer ' s obligations shall apply to the importer and the distributor ;

An importer or distributor shall be deemed to be a manufacturer in the case of this Regulation and subject to the obligations of a manufacturer in accordance with Article 11, if the person concerned brings a product under its own name or trade mark ; or changes a construction product that has already been put into circulation in such a way that the conformity of the performance of the performance may be influenced by it.

Article 16

Identification of traders

For the period referred to in Article 11 (1), operators shall be subject to the driving force. 2, on request, identify the following to the market surveillance authorities :

(a) any operator who supplied them with an item ;

(b) any operator that they have provided a product for.

CHAPTER IV

HARMONISED TECHNICAL SPECIFICATIONS

Article 17

Harmonised standards

1. Harmonised standards shall be drawn up by the European standardisation bodies set out in Annex I to Directive 98 /34/EC on the basis of a request (hereinafter referred to as the term ' mandate ') issued by the Commission in accordance with Article 6 of that Directive, After consulting the Standing Construction Committee referred to in Article 64 of this Regulation, the Standing Construction Committee (hereinafter referred to as ' the standing construction committee `).

When stakeholders participate in the development of harmonised standards in accordance with this Article, the European standardisation bodies must ensure that the various categories of stakeholders in all cases are fair and equitable.

3. The harmonized standards are the methods and criteria for assessing the performance of construction products with regard to their essential characteristics.

Where it is set out in the relevant mandate, a harmonised standard must refer to the intended use of the goods covered thereto.

The harmonized standards must, where appropriate and without jeopardises the accuracy, reliability or stability of the results, lay down methods which require less costs than testing, to assess the performance of construction products in respect of the performance of the building goods ; to their essential characteristics.

The European standardisation bodies shall establish in harmonised standards the production control of the plant, which shall take account of the particular characteristics of the manufacturing process for the construction products concerned.

The harmonized standard shall include the technical details required to conduct the system for the assessment and control of the performance of the performance.

The Commission shall assess whether the harmonized standards drawn up by the European standardisation bodies are in accordance with the relevant mandates.

The Commission shall publish in the Official Journal of the European Union a list of the references of harmonised standards which are in accordance with the relevant mandates.

The following information shall be provided for each harmonized standard in the list :

(a) any references to the repealed harmonized technical specifications ;

(b) the date of entry into the coexistence period ;

(c) the date of the coexistence of the coexistence period.

The Commission shall publish any updating of this list.

From the date of the date of coexistence, a harmonised standard can be used to declare the performance of a construction product which is covered by it. The national standardisation bodies have a duty to implement the harmonized standards in accordance with Directive 98 /34/EC.

Without prejudice to Articles 36, 37 and 38 from the date of the date of coexistence, only a harmonized standard can be used to prepare a performance declaration for construction products covered thereto.

In the coexistence of coexistence, conflicting national standards lapses, and the Member States will waive the validity of all conflicting national provisions.

Article 18

Formal objection to harmonized standards

1. If a Member State or the Commission finds that a harmonised standard does not fully cover the requirements laid down in the relevant mandate, the Member State or the Commission shall submit to the Commission, after hearing the standing construction committee, the case for : the Committee set up in accordance with Article 5 of Directive 98 /34/EC, stating the arguments for this. Having heard the relevant European standardisation bodies, the said committee shall deliver its opinion without delay.

On the basis of the opinion of the Committee set up pursuant to Article 5 of Directive 98 /34/EC, the Commission shall decide to publish, not to publish, to publish, with restrictions, to maintain, to maintain, restrictions or to withdraw the references of the harmonised standard in question in the Official Journal of the European Union.

The Commission shall inform the European Standardization Body concerned of its decision and requests for a change to the harmonised standards in question.

Article 19

European Assessment Document

1. Following the request for a European technical evaluation from a manufacturer, a European assessment document is drawn up by the organisation of the technical assessment bodies of any construction product that is not, or only partially, covered by a harmonized standard ; standard and whose performance cannot be fully assessed according to its significant properties in accordance with an existing harmonized standard, including because :

(a) the item is not covered by an existing harmonised standard of application ;

(b) the method of assessment laid down in the harmonized standard is not suitable for at least one of the essential characteristics of the goods, or

(c) The harmonized standard does not specify any assessment method in relation to at least one of the essential characteristics of the product concerned.

2. The procedure for adoption of the European evaluation document shall respect the principles laid down in Article 20 and comply with Articles 21 and Annex II.

The Commission may, in accordance with Article 60, adopt delegated acts amending Annex II and to lay down additional procedural rules for the development and adoption of a European evaluation document.

4. The Commission shall use the relevant scope, after hearing the standing construction committee, existing European assessment documents as the basis for the mandates it grants in accordance with Article 17 (1). 1, with a view to the establishment of harmonised standards for the provisions of paragraph 1 of this Article. 1 shall be goods.

Article 20

Principles of the development and adoption of European assessment documents

1. The procedure for the development and adoption of European evaluation documents shall :

(a) be transparent for the manufacturer concerned ;

(b) establishing appropriate mandatory time limits in order to avoid unjustified delays ;

(c) take appropriate account of the protection of business secrets and confidentiality ;

provide the Commission with the possibility of appropriate participation ;

e) be cost-effective for the manufacturer and

f) ensure adequate collegiality and coordination between the technical assessment bodies designated for the product in question.

2. The technical assessment bodies shall be held together with the organisation of technical assessment bodies all the costs of the development and adoption of European assessment documents.

Article 21

Obligations of the technical assessment body receiving a European technical assessment request

1. The technical assessment body receiving a request for a European technical assessment shall notify the manufacturer whether the construction product is wholly or partially covered by a harmonised technical specification, as follows :

(a) where a harmonised standard is covered by a harmonised standard, the manufacturer ' s technical assessment body shall communicate to the manufacturer that in accordance with Article 19 (1), 1, cannot be issued any European technical assessment ;

(b) if the item is fully covered by a European assessment document, the manufacturer ' s technical assessment body shall communicate to the manufacturer that this document will be used as the basis for the European technical assessment to be issued ;

(c) where the product is not or only partially covered by a harmonized technical specification, the competent technical assessment body shall apply the procedures laid down in Annex II or are laid down in accordance with Article 19 (1). 3.

In the second paragraph of paragraph 1. In the case of paragraph 1 (b) and (c), the technical assessment body shall inform the organisation of the technical assessment bodies and the Commission on the content of the request and the reference to an appropriate Commission assessment and verification of the body of the performance, which the technical assessment body intends to apply to the construction product concerned, or whether such a Commission decision does not exist.

3. If the Commission considers that there is no relevant decision on the assessment and control of the conformity of the performance for the construction product concerned, Article 28 shall apply.

Article 22

Publication

European assessment documents adopted by the organisation of the technical assessment bodies shall be sent to the Commission, which shall publish a summary of the references of the final European evaluation documents in the Official Journal of the European Union.

The Commission shall publish any updating of this list.

Article 23

Settlement of disputes in the event of a dispute between the technical assessment bodies

If the technical assessment bodies have not reached agreement on the European assessment document within the time limits set out, the organisation of the technical assessment bodies shall forward the matter to the Commission, which shall find an appropriate solution.

ARTICLE 24

Contents of the European assessment document

1. A European evaluation document shall contain at least a general description of the construction product, the list of the essential characteristics which are relevant to the intended use of the goods by the manufacturer, as agreed by the manufacturer and the organisation of the technical assessment bodies and the methods and criteria for assessing the performance of the product with regard to these essential characteristics.

The principles governing the production control of plants shall be laid down in the European evaluation document, taking into account the conditions in the manufacturing process for the construction product concerned.

3. The performance of some of the essential characteristics of some of the product may be assessed correctly by means of methods and criteria which are already laid down in other harmonized technical specifications or in the guidelines referred to in Article 66 (2). 3, or used in accordance with Article 9 of Directive 89 /106/EEC before 1. In July 2013, in connection with the issue of European technical approvals, these existing methods and criteria as elements of the European Assessment Document are incorporated.

ARTICLE 25

Formula of objections to European assessment documents

1. Finding a Member State or the Commission that a European evaluation document does not fully cover the requirements to be met in relation to the basic requirements of structures, cf. in Annex I, the Member State concerned or the Commission shall submit the case for the standing construction committees, stating the arguments for this. Having heard the organisation of the technical evaluation bodies, the Committee shall deliver its opinion without delay.

On the basis of the opinion of the Standing Committee on Construction, the Commission shall decide to publish, not to publish, to publish with restrictions, to maintain, to maintain with restrictions or to withdraw the references for it. relevant European assessment document in the Official Journal of the European Union.

3. The Commission shall inform the organisation of the technical assessment bodies accordingly and shall request the amendment of the European Assessment Document in question.

Article 26

European Technical Assessment

1. The European technical assessment shall be issued at the request of a manufacturer of a technical assessment body on the basis of a European evaluation document drawn up in accordance with the procedures laid down in Article 21 and Annex II.

Provided that there is a European assessment document, a European technical assessment may also be issued if a mandate has been issued to a harmonised standard. Such an issue shall be possible until the start of the coexistence period as determined by the Commission in accordance with Article 17 (1). 5.

2. The European technical assessment must include the performance to be declared, by levels or classes, or in a description, in relation to the essential characteristics agreed between the manufacturer and the technical evaluation body which receives ; the request for the European technical assessment for the intended use and the technical details required to carry out the assessment and control of the performance of the performance.

3. The Commission shall adopt, in order to ensure uniform application of this Article, establishing the format of the European technical assessment procedure in accordance with the procedure referred to in Article 64 (1). 2.

ARTICLE 27

Performance Levels and Classes

1. The Commission may adopt delegated acts in accordance with Article 60 on the fixing of performance classes for the essential properties of construction products.

2. If the Commission has fixed performance classes for the essential properties of construction products, the European standardisation bodies must apply these classes in harmonised standards. The organisation of the technical assessment bodies shall, where appropriate, apply these classes in the European assessment documents.

When the Commission does not set performance classes for the essential properties of construction products, such measures may be determined by the European standards bodies in harmonised standards on the basis of a revised mandate.

3. The European standardisation bodies shall establish, insofar as it is specified in the relevant mandates, harmonized standards levels in relation to essential characteristics and, where appropriate, the intended uses to be fulfilled ; construction products in the Member States.

4. When the European standardisation bodies have defined performance classes in a harmonized standard, the organisation of the technical assessment bodies shall use these classes in the European assessment documents if they are relevant to the construction product.

When deemed appropriate, the organisation of technical assessment bodies may, with the consent of the Commission, and after consulting the standing construction committees of the European Assessment Document, may set performance classes and limit levels as regards those of : the essential characteristics of the construction product concerned with the intended use of the manufacturer.

5. The Commission may adopt delegated acts in accordance with Article 60 laying down the conditions for determining when a construction product is to be considered to meet a specific performance class or a specific performance class without testing or without further testing.

When the Commission does not establish such conditions, they may be laid down by the European standardisation bodies in harmonised standards on the basis of a revised mandate.

6. When the Commission has established classifications in accordance with paragraph 1. 1, Member States may only set performance levels or classes to which construction products must comply with respect to their essential characteristics, in accordance with these classifications.

7. The European standardisation bodies and the organisation of the technical assessment bodies shall take into account the need for the Member States to determine the legislative needs of the Member States in setting the limit of their own.

Article 28

Assessment and control of the performance of the performance

1. The assessment and control of the performance of construction products with regard to their essential characteristics is carried out in accordance with one of the systems set out in Annex V.

2. Through delegated acts in accordance with Article 60, the Commission shall fix and modify, taking into account, in particular, the effects on human safety and health and the environment, which system or systems are applicable ; for a given construction product or family of construction products or a given material property. In this respect, the Commission also takes account of the experience gained from the national authorities concerning market surveillance.

The Commission shall choose the operating system or the lowest cost systems which are compatible with the fulfils of all basic requirements for the construction.

The system shall be indicated in the mandates for harmonised standards and in the harmonized technical specifications.

CHAPTER V

TECHNICAL ASSESSMENT BODIES

ARTICLE 29

Epipement, monitoring and evaluation of the technical assessment bodies

1. Member States may designate technical assessment bodies in their territory, in particular for one or more of the product areas listed in Table 1 of Annex IV.

Member States which have designated a technical assessment body shall communicate the names and addresses of the other Member States and the Commission and the products referred to in the Technical Assessment Board in question.

The Commission shall make available to the list of the technical assessment bodies publicly available in electronic form, indicating the product areas designated for and shall endeavour to ensure the highest possible level of transparency.

The Commission shall make any updating of this list publicly available.

3. Member States shall monitor the activities and competences of the technical assessment bodies which they have designated and shall evaluate them according to the requirements of Table 2 of Annex IV.

Member States shall inform the Commission of their national procedures for the designation of the technical assessment bodies, the monitoring of their activities and their competence, as well as any changes to this information.

4. The Commission shall adopt guidelines for the evaluation of the technical assessment bodies after consultation of the standing construction committees.

Article 30

Requirements to be met by technical assessment bodies

1. A technical assessment body shall assess and draw up European technical assessment in a product area to which it was designated.

The technical assessment body shall comply with the requirements of Table 2 of Annex IV in the field for which it has been designated.

2. A technical evaluation body shall make its organisation plan and the names of members of its internal decision-making bodies publicly available.

3. If a technical assessment body is no longer satisfying the requirements of paragraph 1, The Member State shall draw up the designation of the relevant technical assessment body in respect of the relevant product area and shall inform the Commission and the other Member States accordingly.

Article 31

Coordination of Technical Evaluation Agencies

1. The technical assessment bodies shall establish an organisation of the technical assessment bodies.

2. The organisation of the technical assessment bodies shall be considered to be a body that works for the realisation of a common European interest objective, cf. Article 162 of Commission Regulation (EC, Euratom) No ; 2342/2002 of 23. In December 2002 laying down detailed rules for the application of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [ 15 ].

3. The common objectives of the cooperation and the administrative and financial conditions relating to the grants awarded to the organisation of the technical assessment bodies may be laid down in a framework agreement on partnership between the Commission and the organisation, in accordance with Council Regulation (EC, Euratom) No, 1605/2002 of 25. June 2002 on the Financial Regulation applicable to the general budget of the European Communities [ 16 ] (Financial Regulation) and Regulation (EC, Euratom) No 2342/2002. The European Parliament and the Council shall be informed of the conclusion of such an agreement.

4. The organisation of the technical assessment bodies shall at least perform the following tasks :

(a) organise the coordination of the technical assessment bodies and, where necessary, ensure cooperation with and consultation with other stakeholders ;

(b) ensure the exchange of best practices between the technical assessment bodies in order to promote efficiency and to provide industry with a better service ;

(c) coordinate the application of the procedures provided for in Article 21 and in Annex II, and to provide the aid required for this purpose ;

d) develop and adopt European assessment documents

(e) shall inform the Commission of any issue relating to the preparation of European assessment documents and any aspect of the interpretation of the procedures laid down in Article 21 and in Annex II, and to propose improvements to the Commission ; the basis of the experience gained ;

(f) any comments concerning a technical assessment body which do not carry out its tasks in accordance with the procedures laid down in Article 21 and in Annex II to the Commission and to the Member State which has designated the technical procedure ; Rating body

(g) ensuring that European technical assessments have been made publicly available for the adoption of European assessment documents and references to European technical assessments.

For the purpose of carrying out these tasks, the organisation of the technical assessment bodies shall be a secretariat.

5. Member States shall ensure that the technical assessment bodies contribute to the organisation of technical assessment bodies with financial and human resources.

ARTICLE 32

EU financing

1. The Union may grant grants to the organisation of the technical assessment bodies for the implementation of the tasks referred to in Article 31 (1). 4.

2. The appropriations for the tasks referred to in Article 31 (1). 4, shall be fixed annually by the budgetary authority within the financial framework in force.

Article 33

Financing schemes

1. EU financing shall be provided without calls for proposals for the organisation of technical evaluation bodies for the purpose of performing the tasks referred to in Article 31 (1). 4, and which may be granted in accordance with the Financial Regulation.

2. Activities carried out by the secretariat of the organisation of the technical evaluation bodies referred to in Article 31 (1). 4, may be financed by means of operating grants. Operating grants will not automatically be reduced in the event of renewal.

3. In agreements on grants, except where the indirect costs of the recipient are covered by an operating grant financed from the Union's general budget, the recipient ' s general costs shall be authorized with a fixed amount of up to 10 ; % of the total eligible eligible costs for actions.

Article 34

Management and monitoring

1. The appropriations to be determined by the budgetary authority for the financing of the tasks referred to in Article 31 (1). 4, may also be used to cover administrative expenditure in the context of preparation, monitoring, control, audit and evaluation, which are directly necessary for the realisation of this Regulation's objectives, including in particular investigations, meetings, information and dissemination operations, the costs of electronic information exchange networks and any other administrative and technical expenditure which the Commission may apply to activities in the context of development and the adoption of European assessment documents and the issuing of European, technical assessments.

2. The Commission shall evaluate the relevance of the tasks referred to in Article 31 (1). 4 and which receive EU funding, in the light of the requirements of Union policies and legislation, and shall inform the European Parliament and the Council of the outcome of this evaluation by 1. January 2017 and then every four years.

Article 35

Protection of the Union's financial interests

1. The Commission shall ensure, in the context of the implementation of activities financed under this Regulation, that the Union ' s financial interests are protected by means of preventive measures against fraud, corruption and other illegal activities ; activities, through effective control and recovery of unduly paid amounts and, where irregularities are found, through penalties which must be effective, be proportionate and dissuasive in respect of the infringement ; in accordance with Council Regulation (EC, Euratom) No, 2988/95 of 18. In December 1995, on the protection of the European Communities ' financial interests [ 17 ], Council Regulation (Euratom, EC) No, 2185/96 of 11. In November 1996, on the Commission ' s control and on-the-spot inspections, for the protection of the financial interests of the European Communities against fraud and other irregularities [ 18 ] and the Regulation of the European Parliament and of the Council of the European Parliament (EC) No 1073/1999 of 25. May 1999 on investigations carried out by the European Anti-Fraud Office (OLAF) [ 19 ].

2. In the case of activities financed under this Regulation, the concept of irregularity shall mean the concept of irregularity, cf. Article 1 (1). 2, of Regulation (EC, Euratom) No 2988/95, any infringement of an EU-determination or non-compliance with a contractual obligation resulting from an act or negligence resulting from the immersion of an unlawful release of injury or injury ; The Union's general budget or other budgets that are managed by the European Union.

3. The agreements and contracts awarded under this Regulation shall include provisions on monitoring and financial control to be carried out by the Commission or by a authorised representative for this purpose, and of audits to be carried out ; The Court of Auditors and, where necessary, can be performed on the spot.

CHAPTER WE

SIMPLIFIED PROCEDURES

Article 36

Use of relevant technical documentation

1. in the determination of the type of product, a manufacturer may replace the type test or the type-calculation of the relevant technical documentation, which show that :

(a) the construction product, in the case of one or more significant properties of the construction product which the manufacturer puts into circulation, is considered to meet a specific performance level, or a specified performance class without testing or calculation, or without further ; the testing and calculation, in accordance with the conditions laid down in the relevant harmonized technical specifications or in a decision by the Commission ;

(b) the construction product subject to a harmonised standard and, as stated by the manufacturer, in respect of another construction product made by another manufacturer and has already been tested in accordance with the relevant requirements ; harmonised standard. Once these conditions are met, the manufacturer shall be entitled to declare a performance similar to all or part of the test results for this other product. The manufacturer must first use the test results obtained by another manufacturer after having been authorized by the manufacturer in question, which shall remain responsible for the accuracy, reliability and stability of the test results, or

c) the construction product subject to a harmonised technical specification and which the manufacturer puts into circulation, is a system of components used by the manufacturer to closely follow precise instructions from the supplier of such a system ; or a component thereof, which has already allowed the system or component sample to be tested for one or more of its essential characteristics in accordance with the relevant harmonized technical specification. Once these conditions have been met, the manufacturer shall be entitled to declare a performance similar to all or part of the test results for the system or component which has been delivered to him. The manufacturer must first use the test results obtained by another manufacturer or system provider after having been authorized by the manufacturer or system vendor in question, which shall remain responsible for the accuracy of the test results, reliability and stability.

2. If the construction product referred to in paragraph 1 shall be : 1 belongs to a family of construction products for which the applicable assessment and verification of the conformity of the performance is a system 1 + or 1 as set out in Annex V, the provisions of paragraph 1 of Annex V shall be the subject of the provisions of paragraph 1 of this Annex. the relevant technical documentation referred to in Annex V shall be checked by a notified Product Certification Body.

Article 37

The application of simplified procedures by micro-enterprises

Micro-establishments manufacturing construction products subject to a harmonized standard may replace the determination of the product type on the basis of the type-testing for the applicable systems 3 and 4 as specified in Annex V using methods other than those which are contained in the applicable harmonized standard. These manufacturers may also deal with construction products on which system 3 applies, in accordance with the provisions of system 4. Where a manufacturer uses these simplified procedures, the manufacturer with a specific technical documentation must demonstrate that the construction product complies with the applicable requirements and that the procedure used is equivalent to the procedure laid down in the harmonized procedures ; standards.

Article 38

Other simplified procedures

1. For construction products covered by a harmonized standard and manufactured individually or in accordance with non-compliance objectives to meet a specific order and that is installed in a single identified building, the manufacturer may replace it ; the performance evaluation under the applicable system, cf. Annex V, with specific technical documentation showing that the product complies with the applicable requirements and that the procedure used is equivalent to the procedure laid down in the harmonized standards.

2. If the one in paragraph 1 the construction product concerned belongs to a family of construction products for which the applicable assessment and verification of the conformity of the performance is a system 1 + or 1 as set out in Annex V, the specific technical documentation must be checked by a notification ; the product certification body referred to in Annex V.

CHAPTER VII

THE NOTIFYING AUTHORITIES AND NOTIFIED BODIES

Article 39

Notification

Member States shall notify the Commission and the other Member States of the bodies empowered to perform third party tasks in the process of assessment and verification of the conformity of the performance in accordance with this Regulation (hereinafter referred to as " the " hereinafter referred to as " the " competent authority "), ' notified bodies `).

Article 40

Notify authorities

1. Member States shall designate a notification authority responsible for the introduction and implementation of the procedures necessary for the assessment and notification of the bodies to be empowered to perform third party tasks in the evaluation process and verification of the performance of the performance in accordance with this Regulation and for the supervision of notified bodies, including their compliance with Article 43.

2. Member States may decide that the provisions of paragraph 1 shall be that the 1 the evaluation and monitoring shall be carried out by their national accreditation bodies as defined in and in accordance with Regulation (EC) No (EC) No ; 765/2008.

3. If the notification authority delegates or otherwise leave the assessment, notification, or monitor, cf. paragraph 1, to a body which is not part of an authority, this body must be a legal entity and with the necessary changes in compliance with the requirements of Article 41. In addition, it must have taken measures to cover liability in the context of its activities.

4. The notification authority shall take full responsibility for the tasks performed by the competent authority referred to in paragraph 1. 3 mentioned bodies.

ARTICLE 41

Notification of notification requirements

1. The notification authority shall be set up in such a way that there is no conflict of interest with notified bodies.

2. The notification authority shall be organised and work in such a way as to ensure objectivity and impartiality in its work.

3. The notification authority shall be organised in such a way that all decisions on notification of a body empowered to perform third-party tasks in the process of assessment and verification of the conformity of the performance are taken by the competent authorities ; persons not identical to those carried out in the assessment.

4. The notification authority shall not offer or perform activities carried out by the notified bodies, or the advisory services on a commercial or competitive basis.

5. The notifying authority shall ensure that the information collected is confidential.

6. The notification authority shall have an adequate competent staff so that it can perform its tasks properly.

Article 42

Member State information requirements

Member States shall notify the Commission of their national procedures for the assessment and notification of bodies to be empowered to perform third party tasks in the process of assessment and verification of the performance of the performance, and the monitoring of : notified bodies and any amendments thereto.

The Commission makes this information publicly available.

Article 43

Requirements concerning notified bodies

1. in relation to notification, a notified body must comply with the requirements of paragraph 1. 2-11.

2. A notified body must be established in accordance with national law and be a legal person.

3. A notified body must be a third party entity independent of the organisation or construction product.

A body that is a member of an enterprise group or a trade union representative of undertakings involved in the design, manufacture, supply, assembly, use or maintenance of the construction products that it assesses, may, if so, it is possible to demonstrate that it is independent and that there is no conflict of interest, to be such a body.

4. A notified body, its supreme management and the staff responsible for carrying out third party tasks in the process of assessment and control of the performance of the performance cannot be a constructor, manufacturer, supplier, mondry, buyer, owner, user, or repair the construction products, which it assesses, or authorised representative of any of these parties. This does not prevent the use of the estimated goods necessary for the operation of the notified body, or the use of goods for personal purposes.

A notified body, its supreme management and the staff responsible for carrying out third party tasks in the process of assessment and control of the performance of the performance may not be directly involved in the design, manufacture, marketing, the installation, use or maintenance of these construction products or to represent parties involved in these activities. They must not participate in activities that may be contrary to their objectivity and integrity in the activities that they have been notified to perform. This applies in particular to counselling services.

A notified body must ensure that its subsidiaries or sub-contractors activities do not affect confidentiality, objectivity and the impartiality of its activities in the field of evaluation and / or control.

5. a notified body and its staff shall perform the third party tasks in the process of assessing and checking the responsible performance of the performance with the greatest possible technical competence and the necessary technical competence in the specific field and must not be influenced by any pressure and incentive, in particular, of an economic nature which may affect its decisions or the results of its assessment and or control activities, in particular by persons or groups of persons who have a interest in the results of these activities.

6. A notified body must be able to perform all the third-party tasks in the process of assessing and checking the conferred performance of the performance, which has been transferred to it in accordance with Annex V, and for which it has been notified, regardless of whether or not they are : tasks are carried out by the notified body itself or on its behalf and on its responsibilities.

At all times and for each system of assessment and control of the performance of the performance, and for each species or category of construction products, material characteristics and tasks to which it is notified, a notified body must :

a) the necessary staff with technical knowledge and adequate and appropriate experience to perform third party tasks in the process of assessment and control of the performance of the performance ;

b) the necessary description of the procedures under which the performance review is carried out in such a way as to guarantee the transparency and reproducibility of the latter. It must have a suitable policy and appropriate procedures to distinguish between tasks that it performs as notified body, and other activities ;

c) the procedures necessary to carry out its activities taking due account of the size of a company, the sector within which it operates within its structure, the complexity of the product concerned, and whether it is a manufacturing process ; with mass or serial production.

A notified body must have the means necessary to carry out the technical and administrative tasks related to the activities that it is notified to perform in an appropriate manner and must have access to all necessary equipment and all ; required facilities.

7. The staff responsible for carrying out the activities for which the body is notified must be in possession of :

a solid technical education and training involving all third party tasks in the process of assessment and control of the performance of the performance in the relevant area in which the body has been notified ;

(b) satisfactory knowledge of the requirements concerning the assessments and checks they carry out, and the authority required to perform such tasks ;

(c) appropriate knowledge and understanding of the applicable harmonized standards and the relevant provisions of this Regulation ;

(d) the necessary skill in drawing up the attestations, statements and reports which demonstrate that the assessments and checks have been carried out.

Eighth it must be ensured that the notified body, its supreme management and the staff of the evaluation staff are unwilling to work.

The remuneration of the upper management and the evaluation staff of the notified body shall not be dependent on the number of assessments made or by the results of those assessments.

9. A notified body must draw up liability insurance, unless the Member State is responsible under national law, or the Member State itself is directly responsible for the assessment and / or control carried out.

10. The notified body ' s staff shall be bound by professional secrecy in the performance of its duties in accordance with Annex V, except in the case of the competent administrative authorities of the Member State in which : activities are performed. Property rights must be protected.

11. a notified body must participate or ensure that its ratings personnel are informed of the relevant standardization activities and activities of the notified body of notified bodies established under this Regulation ; and general guidelines shall apply the administrative decisions and documents which are the result of the work mentioned by the said group.

Article 44

Concordance of conformity

A notified body to be empowered to perform third party tasks in the process of assessment and verification of the performance of the performance and documents that it satisfies the criteria of the relevant harmonized standards or parts thereof to which it is subject ; is published a reference in the Official Journal of the European Union shall be presumed to comply with the requirements of Article 43, in so far as the applicable harmonized standard shall cover these requirements.

Article 45

Daughters and subcontractors associated with notified bodies

1. If the notified body notifies certain tasks in the context of third party tasks in the process of assessment and control of the performance of the performance in sub-contracting or applying a subsidiary undertaking, it must ensure that the contractor or the subsidiary meets the requirements of Article 43, and shall inform the notifying authority of the notification.

2. The notified body shall have full responsibility for the tasks performed by subcontractors or subsidiary undertakings, irrespective of where they are established.

3. Activities can only be subcontracted or performed by a subsidiary if the Customer has given his consent.

4. The notified body must be able to make available to you the relevant documents relating to the assessment of the qualifications of any subcontractor or subsidiary undertaking and the tasks they have performed in accordance with Annex V ; Authority.

ARTICLE 46

Use of facilities outside the notified body ' s test laboratory

1. At the request of the manufacturer and if it is based on technical, economic or logistical conditions, notified bodies may decide to carry out the tests referred to in Annex V, for system 1 +, 1 and 3 for assessment and control of : the performance of the performance or of such tests carried out under their supervision, either in the plant plant with the use of the manufacturer ' s internal laboratory equipment or, with the prior consent of the manufacturer, on an external laboratory using the use of : the test equipment of the laboratory in question.

notified bodies carrying out such tests must be specifically designated as competent to work outside their accredited test facilities.

2. Before these tests are carried out, the notified body must check whether the requirements for the test method are met and shall assess :

(a) the test equipment has an appropriate calibration system and the traceability of the measurements is guaranteed ;

b) on the quality of the test results.

ARTICLE 47

Notification on notification

1. In order to obtain the authority to perform third party tasks in the process of assessment and control of the performance of the performance, a body must submit an application for notification to the notification authority of the Member State in which it is established.

2. The application shall be accompanied by a description of the activities to be carried out and the assessment and / or control procedures which the body claims to be competent to and by a possible accreditation certificate issued by a national ; the accreditation body as defined in Regulation (EC) No, 765/2008 in which it is established that the body meets the requirements of Article 43.

If the body concerned is unable to submit an accreditation certificate, it shall submit to the notifying authority all the documentation necessary to verify, recognise and regularly monitor compliance with the requirements of Article 43.

Article 48

Notification procedure

1. the notification authorities shall be notified only by notifying bodies which fulfil the requirements of Article 43.

2. you shall notify the Commission and the other Member States, in particular by means of the electronic notification tool developed and managed by the Commission.

Exceptionally, a paper document is accepted by the notification in the cases referred to in point 3 of Annex V, for which an appropriate electronic tool does not exist.

3. The notification shall include all details of the operations to be performed, reference to the relevant harmonized technical specification and, in the case of the system referred to in Annex V, the essential characteristics ; with regard to which bodies are competent.

However, a reference to the relevant harmonized technical specification shall not be required in the cases referred to in Annex V (3).

4. If a notification is not based on an accreditation certificate referred to in Article 47 (4), 2, the notifying authority shall submit to the Commission and the other Member States the documentation that certify the competence of the notified body and information on the arrangements made in order to ensure that this body is regularly updated ; shall be verified and in the future to comply with the requirements of Article 43.

5. The body in question may only carry out activities such as notified body if the Commission or the other Member States do not object within two weeks of notification based on an accreditation certificate or within two months of a notification ; notification that is not based on an accreditation certificate.

Only such a body is considered to be a notified body in the sense of this Regulation.

6. The Commission and the other Member States shall be informed of any subsequent relevant changes to the notification.

ARTICLE 49

Identification numbers for and lists of notified bodies

1. The Commission shall assign an identification number to each notified body.

Each notified body must be given only one identification number, even if the body has been notified in accordance with several EU acts.

2. The Commission shall publish the list of bodies notified in accordance with this Regulation, including the identification numbers assigned to them and the activities for which they have been notified, in particular by electronic means, the notification tool developed and managed by the Commission.

The Commission keeps the list up to date.

Article 50

Changes to the notification

1. If a notifying authority has established or has been informed that a notified body no longer meets the requirements of Article 43 or fails to meet its obligations, the notifying authority shall limit, suspender ; or involve the notification, according to the most appropriate depending on the severity of the failure to comply with the requirements or commitments. It shall immediately inform the Commission and the other Member States thereof, in particular by means of the electronic notification tool developed and managed by the Commission.

2. If a notification is limited, suspended or withdrawn, or if the notified body has set its activities, then the notifying Member State shall take the necessary measures to ensure that the cases of this body are treated either : by another notified body, or available to the competent authorities responsible for the notification of the competent authorities and the market surveillance authorities.

ARTICLE 51

Competency of notified body ' s competence

1. The Commission shall examine all cases in which it doubts the competence of a notified body or the fact that a notified body continues to meet the requirements and obligations it is subject to, and cases where it is brought to bear on such a doubt.

2. The notifier Member State shall, upon request, submit to the Commission all information on the basis of the notification or the continuing competence of the notified body.

3. The Commission shall ensure that all sensitive information collected in the course of its investigations is treated as confidential.

4. If the Commission finds that a notified body is not or no longer satisfies the requirements of its notification, it shall inform the Member State of the notification and request it to take the necessary measures, including those relating to : necessary involvement of the notification.

Article 52

Operational obligations for notified bodies

1. notified bodies must perform third party tasks in accordance with the systems for the assessment and control of the performance of the performance, as defined in Annex V.

2. Assessments and verification of the performance of the performance shall be carried out in a transparent manner with regard to the manufacturer and, in an appropriate manner, by avoiding unnecessary burdens on operators. The notified bodies shall carry out their activities with due regard to the size of the undertaking, the sector in which the undertaking operates within, its structure, the complexity of the product concerned, and whether it is a question of one ; manufacturing process with mass or series production.

However, the notified body must comply with the degree of rigour required for the goods in accordance with this Regulation and the role of the goods in meeting all basic requirements for structures.

3. If a notified body during the initial inspection of the plant and plant ' s own production control, the manufacturer must not ensure that the performance of the product has been produced shall require the manufacturer to take appropriate measures, correcting measures and do not issue a certificate.

4. If a notified body during the monitoring activity aimed at verifying the performance of the performance of the manufactured product, a construction product no longer has the same performance as a product type requires that the manufacturer must take appropriate action ; corrective measures, and suspend or include, if necessary, the manufacturer ' s certificate.

5. If no remedial measures are taken, or if they do not have the desired effect, limit, suspend or withdraw any attestations from the notified body according to which is most appropriate.

ARTICLE 53

Information requirements for notified bodies

1. The notified body must inform the notifier of :

a) cases in which a certificate has been issued and on restrictions, suspensions or withdrawal of attestations ;

(b) that affect the extent and conditions of the notification ;

c) any request for information on completed assessment and / or control of the conformity of the performance they have received from the market surveillance authorities ;

on request, third-party tasks, in accordance with the systems for the assessment and verification of the performance of the performance within their notification coverage area and any other activities carried out, including cross-border activities ; and subcontract prices.

2. The notified bodies shall grant the other bodies notified in accordance with this Regulation and carry out similar third-party tasks in accordance with the systems for the assessment and control of the performance of the performance and of construction products which are subject ; by the same harmonized technical specification, relevant information on questions relating to negative and, upon request, positive results of these assessments and / or checks.

ARTICLE 54

Experience of experience

The Commission shall ensure that there is an exchange of experience between the national authorities of the Member States with responsibility for notification policy.

ARTICLE 55

Coordination of notified bodies

The Commission shall ensure that there is coordination and cooperation between bodies notified in accordance with Article 39, and that this coordination and cooperation shall function as intended in the form of a group of notified bodies.

Member States shall ensure that the bodies they have notified will participate in the work of this group, either directly or through appointed representatives, or that their representatives are informed.

CHAPTER VIII

MARKET SURVEILLANCE AND PROTECTION PROCEDURES

ARTICLE 56

Procedure for handling at national level of construction products that pose a risk

1. where the market surveillance authorities of one of the Member States have taken measures pursuant to Article 20 of Regulation (EC) No 2, 765/2008, or if they have sufficient reason to assume that a construction product subject to a harmonized standard or as a European technical assessment does not satisfy the declared performance and constitutes a risk to the fulfills of the basic requirements for structures covered by this Regulation shall carry out an evaluation of the relevant product concerned with the respective requirements laid down in this Regulation. The relevant traders shall cooperate, where necessary, with the market surveillance authorities.

Where the organisation of the market surveillance authorities in the context of this evaluation notes that the construction product fails to comply with the requirements of this Regulation, they shall immediately ask the operator concerned to take all necessary remedial measures ; to bring the goods in accordance with these requirements, in particular to the performance of the declared performance, or to withdraw the product from the market or to call it back within a reasonable period of time which they shall set out in relation to the nature of the risk.

The market surveillance authorities shall inform the notified body of this if a notified body is involved.

Article 21 of Regulation (EC) No The 765/2008 shall apply to the measures provided for in the second subparagraph of this paragraph.

2. If the market surveillance authorities establish that non-compliance with the requirements is not limited to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the results of the evaluation ; measures which they have assigned to the operator.

3. The operator shall ensure that all the necessary remedial measures are taken for all the construction products in question which have been made available by the trader in the European Union market.

4. If the operator concerned within the time limit referred to in paragraph 1 shall be taken. The market surveillance authorities shall take all appropriate provisional measures to prohibit or limit the availability of the building on the national market or in the case of : to withdraw the build item from the market or call it back.

The market surveillance authorities shall immediately inform the Commission and the other Member States of such measures.

The fifth paragraph of paragraph 5. The information referred to in paragraph 4 shall contain all the information available, in particular the data necessary for identification of the construction product not satisfying the requirements, the origin of the building product, the nature of the alleged failure to comply with the requirements and the requirements of the construction product ; the risk, nature and duration of the national measures taken, and the views expressed by the relevant traders. The market surveillance authorities shall indicate in particular whether the failure to comply with the requirements is due to :

(a) that the product does not have the performance and / or fails to comply with the requirements for the fulfilment of the basic requirements of structures laid down in this Regulation ;

b) that there are deficiencies in the harmonized technical specifications or in the specific technical documentation.

6. The other Member States, in addition to the Member State which initiated the procedure, shall immediately inform the Commission and the other Member States of the measures taken and of further information on the non-fulfillment of the developers concerned ; the requirements, and of their objections, if they do not agree to the national measure.

7. If not within 15 working days of receipt of the items referred to in paragraph 1, The information referred to in paragraph 4 has been raised by a Member State or the Commission against a provisional measure taken by a Member State for the construction product concerned shall be deemed to be justified.

8. Member States shall ensure that appropriate restrictive measures shall be taken immediately for the construction product concerned, such as the rapid withdrawal of the building product from their market.

Article 57

Safeguard procedure at EU level

1. if, following the conclusion of the procedure referred to in Article 56 (2), The Commission shall, without delay, discuss the matter with the Member States and the persons concerned, or if the Commission considers that a national measure is in breach of EU law, the Commission shall discuss the matter with the Member States concerned. operator and assess the national measure. On the basis of the results of this assessment, the Commission shall decide whether the national measure is justified or not.

The Commission shall make its decision to all the Member States and inform it immediately to the operator or the appropriate operator.

2. If the national measure is deemed to be justified, all Member States must take the necessary measures to ensure that the construction product which does not meet the requirements is withdrawn from their market and notify the Commission ; on this. If the national measure is deemed not to be justified, then the Member State concerned shall withdraw the measure.

3. If the national measure is deemed to be justified and the failure to comply with the requirements laid down in accordance with Article 56 (1) of the building product, shall be deemed to have been deemed to be justified. Point 5 (b), the Commission shall notify the relevant European standardisation body (s) and bring the case to the Committee set up pursuant to Article 5 of Directive 98 /34/EC. This committee shall consult the relevant European standardisation body (s) and shall deliver its opinion without delay.

If the national measure is deemed to be justified and the failure to comply with the requirements laid down in the European rating document or by the specific technical documentation referred to in Article 56 (2), the national measure shall be deemed to be justified. Point 5 (b), the Commission shall issue the case for the standing construction committee and then adopt appropriate measures.

ARTICLE 58

Construction products that meet the requirements but which nevertheless pose a risk to health and safety ;

1. if a Member State after making an assessment pursuant to Article 56 (2), 1, it considers that a construction product, even if it complies with the requirements of this Regulation, constitutes a risk to the fulfills of the basic requirements of construction, to human health or safety or to other general social protection, to impose on it ; the operator concerned to take all necessary measures to ensure that the construction product concerned, when placed in circulation, is no longer at risk to withdraw it from the market, or to call it back within one ; a reasonable period of time as it lays down in relation to the nature of the risk.

2. The operator shall ensure that remedial measures are taken for all the construction products in question that the trader has made available on the EU market.

The Member State shall immediately inform the Commission and the other Member States thereof. The notification shall contain all the information available, in particular the data necessary for identification of the construction product concerned, the origin and supply chain of the goods, the nature of the risk and nature and the nature and duration of the national security ; measures.

The Commission shall, without delay, discuss the matter with the Member States and the operator or operators concerned and shall evaluate the national measures taken. On the basis of the results of this assessment, the Commission shall decide whether the measure is justified or not, and shall propose appropriate appropriate measures.

The Commission shall direct its decision to all the Member States and notify it immediately to the operator or the operator concerned.

ARTICLE 59

Formal failure to comply with the requirements

Without prejudice to Article 56, if a Member State finds one of the following conditions, the operator shall instrumental the operator in respect of the failure to comply with the requirements for termination :

(a) the CE marking shall be affixed in contravention of Articles 8 or 9 ;

(b) the CE marking has not been put in place, even if this is required in accordance with Article 8 (1). 2

c) a performance declaration has not been prepared, even if this is required in accordance with Article 4, cf. however, Article 5

the performance declaration has not been drawn up in accordance with Articles 4, 6 and 7 ;

e) the technical documentation is not available or incomplete.

2. If there is still a lack of compliance within the meaning of paragraph 1, 1, the Member State shall take all measures necessary to limit or prohibit the construction product being made available on the market, or to ensure that it is called back or withdrawn from the market.

CHAPTER IX

FINAL PROVISIONS

ARTICLE 60

Delegated acts

In order to attain the objectives of this Regulation, in particular with regard to eliminating and avoiding restrictions on the availability of construction products on the market, the following questions are delegated to the Commission pursuant to Article 61 and subject to the conditions ; in Articles 62 and 63 :

a) fixing where appropriate, of the essential characteristics or levels of frontier within specific families of construction products, where the manufacturer, pursuant to Articles 3 to 6 of the intended use, uses at levels or classes, or in a description, it shall declare the performance of the manufacturer when it is put into circulation ;

b) the conditions for which a performance declaration may be processed electronically to make it available on a website in accordance with Article 7 ;

(c) change to the period during which the manufacturer, pursuant to Article 11, must keep the technical documentation and the performance declaration after the construction of the construction product, on the basis of the life expectancy of the construction site, or the role of the building plant ;

(d) amendment of Annex II and, where necessary, the adoption of additional procedural rules in accordance with Article 19 (1). 3, in order to ensure compliance with the principles laid down in Article 20 or the practical application of the procedures provided for in Article 21 ;

(e) the adaptation of Annex III, Table 1 in Annex IV, and Annex V to take account of technical progress ;

f) fixing and adjusting performance classes to take account of technical progress in accordance with Article 27 (1). 1

and (g) the conditions under which a construction product should be considered to meet a specific performance level, or a specified performance class without testing or without further testing in accordance with Article 27 (2). 5, provided that compliance with the basic requirements of construction is not jeopardi;

(h) the fixing, adaptation and revision of the systems for the assessment and control of the performance of the performance in accordance with Article 28 for a given item, a given family of goods or a given material property, and in accordance with :

i) the significance of the product or essential characteristics of the basic requirements of construction ;

the nature of the goods ;

(iii) the effects of the variations of the essential properties of a construction product in the life expectancy of the building product ; and

(iv) the risk of the production of the item.

ARTICLE 61

Exercise of the delegation

1. The Commission shall be granted the powers to adopt the delegated acts referred to in Article 60 for a period of five years from the 24th. April 2011. The Commission shall report on the delegated powers within six months before the end of the five-year period. The delegation of powers shall be automatically extended for periods of the same duration, unless the European Parliament or the Council revokers the delegation pursuant to Article 62.

As soon as the Commission adopts a delegated act, it shall inform the European Parliament and the Council thereof.

3. The requirements for the adoption of delegated acts are attributed to the Commission to the conditions laid down in Articles 62 and 63.

Article 62

Delegation of the delegation

The delegation of powers referred to in Article 60 may, at any time, be withdrawn by the European Parliament or the Council.

2. The institution which initiated an internal procedure in order to determine whether the delegation of powers must be recalled shall endeavour to give the other institution and the Commission informed in reasonable time prior to the final decision ; shall be taken with the indication of the delegated powers that may be subject to revocation, as well as the possible justification for this.

3. The decision to withdraw shall bring an end to the delegation of the powers set out in the decision in question. It shall have effect immediately or at a later date, as specified in the decision. It does not affect the validity of the delegated acts that are already in force. It shall be published in the Official Journal of the European Union.

Article 63

Delegated acts objections

1. The European Parliament or the Council may object to a delegated act within three months of the date of notification.

The period shall be extended by three months on the initiative of the European Parliament or the Council.

2. has neither the European Parliament nor the Council at the end of the time limit referred to in paragraph 1. 1 raised objections to the delegated act, shall be published in the Official Journal of the European Union and shall enter into force on the date laid down herein.

The delegated act may be published in the Official Journal of the European Union and shall enter into force before the expiry of the deadline, if both the European Parliament and the Council have communicated to the Commission that they do not intend to object.

the European Parliament, or the Council, object to a delegated act before the expiry of the time limit referred to in paragraph 1. 1, it shall not enter into force. The institution which objects to the delegated act states the reasons for it.

Article 64

Committee

1. The Commission shall be assisted by a standing building committee.

2. When reference is made to this paragraph, Articles 3 and 7 of Decision 1999 /468/EC shall apply.

3. Member States shall ensure that the members of the Standing Committee on Construction are in a position to carry out their tasks without any conflict of interest arising, particularly in connection with the procedure for the attainment of the CE marking.

Article 65

Repeal

1. Directive 89 /106/EEC is hereby repealed.

2. References to the repealed Directive shall be construed as references to this Regulation.

Article 66

Transitional provisions

1. Construction products that have been put into circulation in accordance with Directive 89 /106/EEC before 1. July 2013 shall be deemed to be in accordance with this Regulation.

2. Manufacturers can prepare a performance declaration on the basis of a certificate of conformity or a declaration of conformity which has been issued before the 1. July 2013, in accordance with Directive 89 /106/EEC.

3. Guidelines for European technical approvals published before 1. July 2013, in accordance with Article 11 of Directive 89 /106/EEC, may be used as a European evaluation document.

4. Manufacturers and importers may use European technical approvals granted in accordance with Article 9 of Directive 89 /106/EEC before 1. July 2013, as European technical assessments, as long as these approvals are valid.

Article 67

Reports from the Commission

1. Not later than 25. In April 2014, the Commission shall make an assessment of the specific need for information on the content of the construction products, for the purpose of possible extension of the information requirement in Article 6 (1). 5, to cover other substances and submit a report to the European Parliament and the Council. In its assessment, the Commission shall, inter alia, take into account the need to ensure a high level of health and safety protection for workers who use construction products, and for the users of structures, including in relation to the recycling and / or recycling requirements that are provided for parts or materials.

If it is appropriate, this report will be accompanied by relevant legislative proposals within two years of the submission of the report to the European Parliament and the Council.

Two at the latest on the 25th. April 2016, the Commission shall submit to the European Parliament and the Council a report on the implementation of this Regulation, including in respect of Articles 19, 20, 21, 23, 24 and 37, on the basis of reports from the Member States and from other relevant stakeholders ; accompanied, where appropriate, by appropriate proposals.

ARTICLE 68

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Articles 3-28, 36-38, 56-63, 65 and 66 and Annexes I, II, III and V shall be applied from 1. July, 2013.

This Regulation shall be binding in all its details and directly applicable in each Member State.

Done at Strasbourg, 9. March, 2011.

For the European Parliament

J. Buzek

BORS

For the Council

Győri E.

BORS

[ 1 ] EUT C 218, 11.9.2009, p. 15.

[ 2 ] The European Parliament's position of 24.4.2009 (EUT C 184 E of 8.7.2010, p. 441), the Council's first reading of the European Union of 13 September 2010 (EUT C 282 E, 19.10.2010, p. 1), the European Parliament's position of 18 January 2011 (not yet published in the Official Journal) and Council Decision of 28 December 2011.

[ 3 ] OJ L 40, 11.2.1989, p. 12.

[ 4 ] EUT L 218, 13.8.2008, p. 30.

[ 5 ] EUT L 218, 13.8.2008, p. 82.

[ 6 ] OJ L 204, 21.7.1998, p. 37.

[ 7 ] EUT L 396, 30.12.2006, p. 1.

[ 8 ] OJ L 123, 24.4.1998, p. 1.

[ 9 ] OJ L 327, 22.12.2000, p. 1.

[ 10 ] EUT L 312 of 22.11.2008, p. 3.

[ 11 ] OJ L 353, 31.12.2008, p. 1.

[ 12 ] EUT L 218, 13.8.2008, p. 21.

[ 13 ] OJ L 184, 17.7.1999, p. 23.

[ 14 ] OJ L 124, 20.5.2003, p. 36.

[ 15 ] OJ L 357, 31.12.2002, p. 1.

[ 16 ] OJ L 248, 16.9.2002, p. 1.

[ 17 ] OJ L 312, 23.12.1995, p. 1.

[ 18 ] OJ L 292, 15.11.1996, p. 2.

[ 19 ] OJ L 136, 31.5.1999, p. 1.

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ANNEX I

BASIC REQUIREMENTS FOR BUILDERS

Construction as a whole, as well as their individual parts, must be suitable for the intended use, taking into account, in particular, the health and safety of the persons concerned throughout the life cycle of the construction. Builders must meet these basic requirements for structures through an economically reasonable life, subject to normal maintenance.

1. Mechanical Resistance and stability

Construction shall be designed and constructed in such a way as to ensure that the effects they will be able to get out of under their performance and use are not caused by any of the following :

a) collapse of the entire structure or part thereof ;

(b) major deformations to unacceptenable extent

c) damage to other parts of the building or plant or fixed equipment resulting from a major deformation of the supporting parts,

(d) damage to an event, to an extent that is not in a reasonable proportion to the initial cause.

2. Branding Security

Construction shall be designed and constructed in such a way as to meet the following requirements in the event of a fire :

a) we must be able to count on the structure of the structure for a given period of time ;

(b) development and the spread of fire and smoke inside the building itself shall be limited ;

c) the fire may only be limited to neighbouring buildings limited to a limited extent ;

(d) the persons located in the building must be able to leave the building or salvageable in another way ;

e) the safety of the life-saving must be taken into account.

3. Hygiene, health and environment

Builders must be designed and constructed in such a way that they do not constitute any risk of hygiene or health and safety in all their life cycles for those working or staying in the building or neighbouring countries ; or not, throughout their life cycle, having a disproportionate impact on the environmental quality or on the climate, during construction, use and demolition, in particular because of :

a) release of toxic gases,

(b) emissions of dangerous substances, volatile organic compounds (VOC), greenhouse gases or dangerous particles into the air indoors or outdoors ;

(c) disclosure of dangerous radiation

d) the release of dangerous substances to ground water, marine waters, surface water or soil ;

e) the release of dangerous substances to the drinking water or of substances which are otherwise negatively implied in drinking water ;

(f) deflection of waste water, emission of exhaust gases or defective disposal of fixed or liquid waste disposal,

(g) moisture in parts of the building or surfaces within the building.

4. Security and access conditions for use

Construction shall be designed and constructed in such a way as not to involve an unacceptable risk of operating or accidents such as gliding, waste, clash, collisions, burns, electric shock, explosion damage and BE. Builders shall in particular be designed and constructed taking into account the access and use of disabled persons with disabilities.

5. Protection against noise

Construction shall be designed and constructed in such a way as to ensure that the noise perceived by persons in the building or near is maintained at such a level that it does not pose a health hazard and that the persons concerned can sleep, rest and work ; under satisfactory conditions.

6. Energy savings and thermal insulation

Builders and their heat, cooling, lighting and ventilation systems must be designed and constructed in such a way that the use of energy is low in the interest of the people in the structures and to the climatic conditions of the site. The builders must also be energy-efficient, that is to say. to use as little energy as possible under their performance and collection.

7. Sustainable exploitation of natural resources

Construction must be constructed, carried out and demolised in such a way that natural resources are used in a sustainable manner and in particular to ensure that :

(a) recycling or recovery of structures, their materials and parts after demolition ;

(b) structures of the structures

(c) the use of environmentally compatible raw materials and secondary materials in the structures.

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ANNEX II

PROCEDURE FOR THE ADOPTION OF A EUROPEAN ASSESSMENT DOCUMENT

1. Request for a European Technical Assessment

When a manufacturer requests a technical assessment body for a European technical assessment for a construction product, and when the manufacturer and the technical assessment body (hereinafter referred to as ' the responsible technical assessment body) have signed an agreement on : the confidentiality and confidentiality of the manufacturer must, by way of the smaller manufacturer, make a different decision to the manufacturer of the responsible technical assessment body with a description of the goods, intended use and information of the product, of the product intended for use and information on the person concerned ; production control, which the manufacturer intends to carry out.

2. Contract

For the construction products referred to in Article 21 (1). In the case of 1 (c), a contract between the manufacturer and the responsible technical assessment body shall be concluded within one month following the date of receipt of the technical dossier on the implementation of the European Technical Assessment, which contains the work programme ; the preparation of the European assessment document, including :

-the organisation of the work of the organisation of the technical assessment bodies ;

-the composition of the working group to be set up in the organisation of the technical evaluation bodies for the product area concerned ;

-The coordination of the technical assessment bodies.

3. Work Programme

When the organisation of the technical assessment bodies has concluded the contract with the manufacturer, the Commission shall inform the Commission of the work programme for the preparation of the European evaluation document, the timetable for its implementation and the assessment programme. This orientation shall take place within three months of the receipt of the request for a European technical assessment.

4. Draft European Assessment Document

The organisation of the technical assessment bodies shall allow the working group to be coordinated by the responsible technical assessment body, to draw up a draft European assessment document and send this draft to the interested parties within six months of it ; date on which the Commission has been informed of the work programme.

5. Commission participation

A representative of the Commission must participate as an observer in all parts of the implementation of the work programme.

6. Exerration and delay

The working group shall communicate to the organisation of the technical assessment bodies and to the Commission any delays in relation to the deadlines set out in section 1-4 of this Annex.

If an extension of the time limit for drawing up the European assessment document is justified, in particular because the Commission has not taken a decision on the relevant system for the assessment and control of the performance of the performance, or because it has to : develop a new test method, the Commission shall fix an extended period of time.

7. Changes and the adoption of a European evaluation document

The responsible technical assessment body shall forward the draft European assessment document to the manufacturer, which shall have 15 working days to respond to it. Thereafter, the organisation of the technical evaluation bodies shall :

where appropriate, notify the manufacturer of the ways in which it has been taken into account ;

b) adopt the draft European assessment document ; and

c) Send a copy to the Commission.

If, within 15 working days of the receipt, the organisation of technical assessors shall send its comments to the draft European assessment document, the organisation of the technical assessment bodies shall amend the organisation of the technical assessment bodies after having had the opportunity to : to submit a copy of the approved European assessment document to the manufacturer and the Commission, a copy of the adopted European assessment document.

8. The final European assessment document to be published :

As soon as the first European technical assessment has been issued by the responsible technical assessment body on the basis of the adopted European assessment document, this European assessment document may be adapted to the light of experience. The organisation of the technical assessment bodies shall adopt the definitive European assessment document and shall send a copy thereof to the Commission, together with a translation of its title to all the official languages of the Union for the purposes of publication of a reference. The organisation of the technical assessment bodies shall keep the European assessment document electronically available, as soon as the goods are the CE mark.

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ANNEX III

PERFORMANCE CLARIFICATIONS

No! -OH,

1. the unique identification code of the Varetypus : ...

2. Type, batch or serial number or other form of declaration by which the construction product can be identified as required in accordance with Article 11 (1). FOUR :

-OH,

3. The intended use or use of the tents used in accordance with the applicable harmonized technical specification as intended by the manufacturer :

-OH,

-OH,

4. The manufacturer ' s name, registered trade name or registered trademark and contact address as required in accordance with Article 11 (1). 5 :

-OH,

-OH,

5. where applicable, the name and contact address of the authorised representative whose mandate includes the tasks referred to in Article 12 (1). 2 :

-OH,

-OH,

6. The system or systems for the assessment and control of the performance of the build item performance, cf. Annex V :

-OH,

-OH,

7. If the performance clarification relates to a construction product that is subject to a harmonised standard :

-OH,

(The name and identification number of the notified body, if applicable),

performed ... by system ...

(description of the third party tasks, cf. Annex V)

and issued ...

(certificate of the consignees of the consignees body, certificate of conformity for the manufacture of the plant ' s own production control test, test / calculation reports-if applicable)

8. If the performance clarification relates to a construction product for which a European technical assessment has been issued :

-OH,

(the name and identification number of the assessment body, if applicable),

and issued ...

(reference number of the European technical assessment)

On the basis of ...

(reference number of the European assessment document)

performed ... by system ...

(description of the third party tasks, cf. Annex V)

and issued ...

(certificate of the consignees of the consignees body, certificate of conformity for the manufacture of the plant ' s own production control test, test / calculation reports-if applicable)

9. Declarated performance

Notes to the table :

1. Column 1 shall include the list of the essential characteristics as set out in the harmonized technical specifications for the intended uses specified in point 3 above.

2. Column 2 must, for each of the essential characteristics listed in column 1 and in accordance with the requirements of Article 6, include the declared performance expressed as a level or class or in a description relating to the essential elements concerned ; properties. The letters "Npd" (No Performance Determined-no performance are defined) should be entered if no performance is declared.

3. Column 3, for each of the essential properties of the list in column 1, shall include :

a) a dated reference to the harmonised standard in question and, where applicable, the reference number for the specific or relevant technical documentation used,

or

b) a dated reference to the European assessment document in question, where such an available is available and the reference number for the European technical assessment used.

Essential properties (see note 1)
Performance (see note 2)
Harmonised technical specifications (see note 3)

Where specific technical documentation is used in accordance with Articles 37 or 38, the requirements the goods meet :

-OH,

-OH,

10. The performance of the construction product referred to in points 1 and 2 shall be in accordance with the declared performance of point 9.

This performance declaration shall be issued solely on the sole responsibility of the manufacturer specified in paragraph 4.

Signed for the manufacturer and on behalf of the manufacturer :

-OH,

(name and position)

-...

(place and date) (signature)

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ANNEX IV

PRODUCT AREAS AND REQUIREMENTS FOR TECHNICAL ASSESSMENT BODIES

Table 1-Product Areas

CODE | PRODUCT AREA |

1 | COMPLETED-BUILT CONSTRUCTION PRODUCTS OF NORMAL, LIGHT, OR POREBETON |

2 | DOORS, WINDOWS, SHUTTERS, BORROWS AND SIMILAR CONSTRUCTION PRODUCTS |

3 | MEMBRANS, INCLUDING FLOATING POINT AND SYSTEMS (FOR WATER AND / OR WATER VAPOUR CONTROL) |

4 | HEAT INSULATION MATERIALS COMPOSITIONAL SYSTEMS FOR INSULATION |

5 | BEASTS FOUNDER FOR CONSTRUCTIONCOLLECTIONS |

6 | CHIMNEYS, SMOKESCREEN AND SPECIAL CONSTRUCTION PRODUCTS |

7 | GIPPRODUCTS |

8 | GEOTEXTILES, GEOMEMBRAN AND RELATED PRODUCTS |

9 | BESTILED / GLASS FACADE SYSTEMS WITH POWER-LEADING CLENCHING |

10 | FIXED FIRE-EXTINGUISHING EQUIPMENT (FIRE ALARM / FIRE DETECTION, FIXED FIRE EXTINGUISHING, CONSTRUCTION PRODUCTS FOR FIRE AND SMOKE CONTROL AND EXPLOSION-OPPRESSIVE CONSTRUCTION PRODUCTS) |

11 | SANITARY MACHINE |

12 | FIXED ROAD EQUIPMENT |

13 | LOAD-BEARING CONSTRUCTS / PARTS OF TIMBER AND ACCESSORIES |

14 | TREE-BASED PLATES AND ITEMS |

15| CEMENT, MAC AND OTHER HYDRAULIC CONNECTS |

16 | ARMERINGS AND VOLTAGE STEEL FOR CONCRETE (AND ACCESSORIES), TRACTION SYSTEMS |

17 | BRICKLAYER AND ASSOCIATED PRODUCTS ATTACHED TO WALL UNITS, MORTAR AND ACCESSORIES |

18 | SPILLWATER ENGINEERING BUILDER |

19 | FLOATING OCCUPANCY |

20 | BEARING CONSTRUCTS OF METAL AND ACCESSORIES |

21 | INDOORS AND OUTDOOR WALL-AND CEILING ATTIRE SYSTEMS TO INNER WALLS |

22 | TAGLINES, SKYLIGHTS, AND ASSOCIATED PRODUCTS TAGSYSTEMS |

23 | ROAD-BUILDING PRODUCTS |

24 | LOOKUP MATERIALS |

25 | GLUE TO BUILD |

26 | CONSTRUCTION ITEMS FOR CONCRETE, MORTAR AND INJECTIONBUTTER |

27 | HEAT APPLIANCES |

28 | PIPES, TANKS AND AUXILIARY EQUIPMENT NOT IN CONTACT WITH DRINKING WATER |

29 | CONSTRUCTION PRODUCTS IN CONTACT WITH DRINKING WATER |

30 | PLANGLASSES, PROFILERS AND PRODUCTS MADE IN A GLASS |

31 | TRANSMISSIONS STOVE, STYROABS AND COMMUNICATION CABLES |

32 | CARPETS FOR COLLECTIONS |

33 | BEBEATS |

34 | BUILD SYSTEMS, DEVICES, PREFABRICATED ITEMS |

35 | BRAND-HOT, BRANDISHING AND BRAND-PROTECTIVE CONSTRUCTION PRODUCTS, FLAME RETARDANTS |

Table 2-Technical assessment body requirements

Competence
Competency Description
Claim
1.Risk analytics
Identification of potential risks and benefits from the use of innovative construction products when there is no established / consolidated technical information about their performance when they are fitted to structures.
A technical evaluation body shall be established in accordance with national law and be a legal person. It must be independent of the interested parties and of special interests ;
2.Establishment of technical criteria
The addition of the results of the risk analysis in technical criteria for the assessment of behaviour and performance of construction products in compliance with applicable national requirements ;
the delivery of the technical information required for those forming part of the building process as potential users of the construction products (manufacturers, constructors, contractors, assembleers).
In addition, a technical evaluation body must have a staff that possesses
the objectivity and sound technical judgment ;
(b) a detailed knowledge of the provisions and other requirements applicable in the Member State in which it has been designated, within the range of products designated for the designation of the product,
c) a general understanding of the building practices and detailed technical knowledge within the product areas to which it is designated ;
3.Determination of assessment methods
Preparation and validation of appropriate methods (tests or calculations) to assess the performance of the essential properties of construction products, taking into account the latest developments ;
(d) a detailed knowledge of the particular risks of the building and technical aspects of the building process ;
(e) a detailed knowledge of existing harmonised standards and testing methods in the product areas to which it is designated ;
(f) sufficient language knowledge.
The remuneration of the technical assessment body shall not be dependent on the number of assessments made or by the results of those assessments.
4 Establishment of the production control of the plant
Confession and evaluation of the manufacturing process for the specific construction product to identify appropriate measures to ensure the substance of the product through the given manufacturing process ;
A technical assessment body shall have staff with appropriate knowledge of the relationship between the manufacturing process and the properties of the building product in relation to the plant ' s own production control.
5.Evaluation of the build item
Assessment of the performance of the essential properties of construction products on the basis of harmonised methods and in relation to harmonised criteria.
In addition to the requirements of paragraphs 1, 2 and 3, a technical evaluation body shall have access to the necessary means and equipment for the performance of the performance of the essential characteristics of the construction products in the product areas to which it is to be designated.
6.General management
Ensuring consistency, reliability, objectivity and traceability through the constant use of appropriate management methods.
A technical evaluation body shall be in possession of :
a) documented experience of compliance with good administrative behaviour,
(b) a policy and supporting procedures to ensure confidentiality in respect of sensitive information within the technical assessment body and in cooperation with its partners ;
c) a document control system that ensures the registration, traceability, maintenance and archiving of all relevant documents ;
d) a mechanism for internal audit and review of management conditions in order to ensure regular checks of conformity with appropriate management methods ;
e) a procedure for objectivity to objections and complaints.

ANNEX V

ASSESSMENT AND CONTROL OF THE PERFORMANCE OF THE PERFORMANCE

1. THE ASSESSMENT AND CONTROL OF THE PERFORMANCE OF THE PERFORMANCE

1.1. System 1 +-Performance declaration for the essential properties of the building item shall be supplied by the manufacturer on the basis of :

(a) manufacturer implements :

the production control of the plant,

(ii) additional testing of samples taken at the plant according to the final test plan ;

b) the notified product certification body shall issue the certificate of the concierge of the construction product on the basis of :

i) determination of the type of product on the basis of type-testing (including random sampling), type calculation, table values, or descriptive evidence of the building product,

(ii) initial inspection of plant and plant production control ;

(iii) Continuous monitoring, evaluation and evaluation of the plant ' s own production control ;

(iv) verification of random samples taken before the goods are put into circulation on the EU market.

1.2. System 1-performance declaration for the essential characteristics of the building item shall be supplied by the manufacturer on the basis of :

(a) manufacturer implements :

the production control of the plant,

(ii) additional testing of samples taken by the manufacturer at the plant according to the final test plan,

b) the notified product certification body shall issue the certificate of the concierge of the construction product on the basis of :

i) determination of the type of product on the basis of type-testing (including random sampling), type calculation, table values, or descriptive evidence of the building product,

(ii) initial inspection of plant and plant production control ;

(iii) Continuous monitoring, evaluation and evaluation of the plant ' s own production control.

1.3. System 2 +-Performance declaration for the essential characteristics of the building item shall be supplied by the manufacturer on the basis of :

(a) manufacturer implements :

i) determination of the type of product on the basis of type-testing (including random sampling), type calculation, table values, or descriptive evidence of the building product,

the plant ' s own production control ;

(iii) testing of samples taken at the plant according to the final test plan,

b) the notified production control certification body shall issue the certificate of conformity for the manufacture of its own production control on the basis of :

initial inspection of manufacturing plant and plant production control ;

(ii) Continuous monitoring, evaluation and evaluation of the plant ' s own production control.

1.4. System 3-performance clarification for the essential characteristics of the building item shall be supplied by the manufacturer on the basis of :

(a) manufacturer ' s own production control is carried out,

b) the notified test laboratory shall carry out a determination of the product type on the basis of type-testing (on the basis of random sampling by the manufacturer), type calculation, table values, or descriptive evidence of the building product.

1.5. System 4-Performance clarification on the essential characteristics of the building item shall be supplied by the manufacturer on the basis of :

(a) manufacturer implements :

i) determination of the type of product on the basis of type-testing, type-calculation, table values, or descriptive evidence of the building product,

the plant ' s own production control ;

b) no tasks for the notified body.

2. BODIES INVOLVED IN THE ASSESSMENT AND CONTROL OF THE PERFORMANCE OF THE PERFORMANCE

The following notified bodies are differentiated in the assessment and control of the performance of the builders ' constance :

1) Product certification body : a State or non-governmental notified body which possesses the necessary competence and responsibility for carrying out a product certification in accordance with the established procedure ; and administrative rules,

2) certification body to the production control of the plant : a State or non-governmental notified body which possesses the necessary competence and the necessary responsibility to certify the production control of the plant in question ; compliance with the established procedure and management rules ;

3) Testing laboratory : a notified laboratory which measures, examines, tests, calibrate or otherwise determines the characteristics or performance of materials or construction products.

3. ESSENTIAL CHARACTERISTICS IN RESPECT OF WHICH NO REFERENCE IS REQUIRED FOR A RELEVANT HARMONISED TECHNICAL SPECIFICATION

1) Reaction by fire

2) Fire resistant

3) Exterior flambant properties

4) Noise absorption

5) The emission of dangerous substances.

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Official notes

1) The publication has been included in the publication of certain provisions of Regulation No 2 of the European Parliament and of 305 /2011/EU of 9. March 2011, laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89 /106/EEC, 2011 EU Official Journal. L 88, page 5. According to Article 288 of the EDF Treaty, a Regulation shall apply immediately in each Member State. The rendition of these provisions in the notice is therefore based solely on practical considerations and is without prejudice to the immediate validity of the regulation in Denmark.