Key Benefits:
Publics concerned: economic operators involved in the marketing of construction products, including manufacturers, importers and distributors; third party organizations involved in the CE marking procedure of these products.
Subject: Implementation of the CE marking of construction products pursuant to Regulation (EU) No 305/2011 establishing harmonized conditions of marketing for construction products and repealing Council Directive 89/106/EEC.
Entry into force: the decree comes into force on the day after its publication. However, its provisions relating to:
- the sanctions mechanism applicable in the event of a breach of the obligations set out in the regulations;
― the harmonization of terminology used in the environmental code and Decree No. 2000-810 of 24 August 2000 concerning the placing on the market of elevators;
― at the repeal of the Decree No. 92-647 of 8 July 1992 regarding the suitability for use of construction products, transposing Council Directive 89/106/EEC.
Notice: Regulation (EU) No 305/2011, which repeals Directive 89/106/EEC, sets new requirements for the marketing and CE marking of construction products.
In this new framework, the CE marking of the so-called "standard" construction products, i.e. being the subject of a harmonized standard, is used by organizations, known as "notified bodies", acting as a third party to evaluate the performance of these products. Similarly, the CE marking of more innovative construction products, i.e. not covered by a harmonized standard, involves third-party organizations, called technical assessment bodies. These two types of bodies must be designated by an authority, the notifying authority, in each of the countries of the European Union.
The decree contains the necessary national measures to implement Regulation (EU) No 305/2011. These measures include:
― the sanctions system, inserted in Consumer codein the event of a breach of the obligations set out in the regulation;
― the terms of designation of the notifying authority;
- the conditions for the designation, control and evaluation of notified bodies;
- the conditions for the designation, control and evaluation of the technical assessment bodies;
― the harmonization of terminology used in the environmental code and Decree No. 2000-810 of 24 August 2000 concerning the placing on the market of elevators;
― the repeal of Decree No. 92-647 of 8 July 1992 regarding the suitability for use of construction products, transposing Council Directive 89/106/EEC.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Land Equality and Housing,
Having regard to Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 establishing the requirements for certification and market surveillance for the marketing of products and repealing Council Regulation (EEC) No. 339/93;
Having regard to Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized conditions of marketing for construction products and repealing Council Directive 89/106/EEC;
Vu le Consumer codeincluding articles L. 214-1 to L. 214-3 and R. 214-1 to R. 214-23;
Considering the environmental code, including its article R. 221-22;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, including articles 21 and 24;
Vu le Decree No. 97-1198 of 19 December 1997 amended to apply to the Minister of Equipment, Transport and Housing 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 2000-810 of 24 August 2000 concerning the placing on the market of elevators;
Vu le Decree No. 2008-1401 of 19 December 2008 Accreditation and Compliance Assessment under theArticle 137 of Act No. 2008-776 of 4 August 2008 modernization of the economy;
The State Council (section of public works) heard,
Decrete:
After section 23 of chapter IV of title I of Book II of the Consumer Code (regulatory part), a section 24 is inserted as follows:
“Section 24
" Construction products
"Art. R. 214-24.-Constitutes the enforcement measures provided for in Article L. 214-1 the provisions of Articles 1 and 2, paragraphs 1 and 2 of Article 4, Articles 6 and 7, paragraphs 1 and 2 of Article 8, Article 9 and Articles 11 to 16 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized conditions of construction »
The State is the notifying authority provided for in Article 40 of Regulation (EU) No. 305/2011 referred to above.
Organizations notified, authorized as a third party to perform tasks under the assessment and verification procedure for the performance of construction products, are designated by joint decree of Ministers responsible for construction, transport and equipment. This Order sets out the modalities for the monitoring of these organizations, including the issuance of an annual activity report.
I. ― Organizations wishing to obtain the status of notified body within the meaning of Article 39 of Regulation (EU) No. 305/2011 referred to above shall send to one of the Ministers referred to in Article 2 a written request under the conditions provided for in Article 47 of the Regulations.
Upon receipt of the application, the Ministers have a three-month period to notify the organization or to indicate the reasoned refusal of notification. The lack of response or notification within this time limit is implicitly rejected.
II. ― Can only be notified of the organizations accredited by the French Accreditation Committee (COFRAC) for the completion of the third party tasks according to the performance assessment and verification system, as defined in Annex V to the above-mentioned Regulation (EU) No 305/2011, for which the organization wishes to be notified.
However, an organization that is not yet accredited to perform the tasks considered may be notified if its application file for accreditation for these tasks has been declared admissible by the French Accreditation Committee (COFRAC). If it does not obtain accreditation within one year of the admissibility decision, the notification shall be withdrawn; this period may be extended by six months on a substantiated request submitted by the organization no later than one month before its expiry.
III. ― Ministers shall notify organizations that meet the requirements of Article 43 of the above-mentioned Regulation (EU) No 305/2011.
IV. ― The amendments to the notification of an organization provided for in Article 50 of the above-mentioned Regulation (EU) No 305/2011 are made by joint decree of the ministers responsible for construction, transport and equipment. The decision can only intervene after a three-month period has elapsed after the organization has been informed of the grievances filed with it and invited to make its observations.
Notification of an organization may not be suspended for a period of more than one year.
I. ― The technical assessment bodies referred to in Article 29 of Regulation (EU) No. 305/2011 referred to above shall be designated by joint decree of Ministers responsible for construction, transport and equipment. This Order specifies the product areas, as set out in Table 1 of Schedule IV to these Regulations, for which the Agency is designated.
II. ― Pursuant to paragraph 3 of Article 29 of Regulation (EU) No 305/2011 mentioned above, the Ministers responsible for the construction, transport and equipment are responsible, each with respect to it, for the control and evaluation of the technical assessment bodies.
The decision that removes its designation as a technical assessment body is motivated; it may only intervene after a three-month period has expired after the organization has been called upon to submit its observations.
Aunt Title II of the annex to the decree of 19 December 1997 referred to above, the A titled: "Decisions taken jointly with one or more ministers" is supplemented by the following:
"Actions taken by Ministers responsible for construction, transport and equipment:
“ Decree No. 2012-1489 of 27 December 2012 adopted for the implementation of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized terms of marketing for construction products and repealing Council Directive 89/106/ EEC.
| 1 | Designation of notified bodies, authorized to perform the evaluation and verification tasks for the performance of construction products. | Article 2 |
| 2 | Designation of European technical assessment bodies for construction products | Article 4 |
I. ― The second paragraph of section R. 221-22 of the Environmental Code is replaced by the following:
" – Construction products: the products defined in Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized conditions of marketing for construction products and repealing Council Directive 89/106/ EEC; »
II. ― The above-mentioned decree of August 24, 2000 on the market of elevators is amended as follows:
1° The third paragraph of Article 3 is replaced by the following provisions:
"In addition, with respect to the aspects related to the installation of the elevator, the basic requirements for construction works, as set out in Annex I to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized conditions of commercialization for construction products and repealing Council Directive 89/106/ EEC, complete the essential safety and health requirements set out in Decree I. » ;
2° In Annex I, item 4 of the preliminary remarks is replaced by the following:
“4. The fundamental requirements for construction works, as set out in Annex I to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 establishing harmonized conditions of commercialization for construction products and repealing Council Directive 89/106/ EEC, not included in this Order, apply to elevators. »
Decree No. 92-647 of 8 July 1992 concerning the suitability for use of construction products is repealed.
The provisions of Articles 1, 6 and 7 come into force on 1 July 2013.
The Minister for the Equality of Territories and Housing and the Minister of Ecology, Sustainable Development and Energy are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 27 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Equality of Territories
and housing,
Cécile Duflot
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
