Law implementing Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products and for the implementation and implementation of other European Union acts in relation to construction products (Bauproduktengesetz-BauPG)

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BauPG

Date of completion: 05.12.2012

Full quote:

" Bauproduktengesetz vom 5. Dezember 2012 (BGBl. I p. 2449, 2450) "

Footnote

(+ + + Text evidence from: 1.7.2013 + + +) 

  

The law was adopted by the Bundestag as Article 2 of the G v. 5.12.2012 I 2449. It occurs gem. Article 7 (2) sentence 1 in force on 1 July 2013. Unofficial table of contents

§ 1 Technical Assessment Body

(1) The German Institute of Building Technology in Berlin is a technical assessment body within the meaning of the first subparagraph of Article 29 (1) of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized Conditions for the placing on the market of construction products and repealing Council Directive 89 /106/EEC (OJ L 196, 27.7.1989, p. 5) (EU Construction Products Regulation), in particular for the product areas listed in Annex IV, Table 1 of the EU Construction Products Regulation, as amended. (2) The German Institute of Civil Engineering works on behalf of the Federal Ministry of Transport, Building and Urban Development in the organisation of Technical Assessment Points under Article 31 of the EU Construction Products Regulation. (3) Monitoring and evaluation of the Technical Assessment Body in accordance with Article 29 (3) The first subparagraph of the EU Construction Products Regulation shall be adopted by the Board of Directors of the German Institute of Civil Engineering. (4) The Federal Ministry of Transport, Building and Urban Development is responsible for the communication pursuant to the second subparagraph of Article 29 (1) of the EU Construction Products Regulation and the sub-directions referred to in Article 29 (3). The second subparagraph and Article 30 (3) of the EU Construction Products Regulation. Unofficial table of contents

§ 2 Revocation of designation as a technical assessment body

(1) The Board of Directors of the German Institute for Construction Technology (Deutsches Institut für Bautechnik) shall take the view that a designation of the Deutsches Institut für Bautechnik as a technical assessment centre for the construction of a building technology is to be considered as a technical assessment point for the one or more product areas are no longer justified, he shall inform the Federal Ministry of Transport, Building and Urban Development, stating its reasons. (2) The Federal Ministry of Transport, Building and Urban Development shall decide on a revocation of the designation referred to in Article 30 (3) of EU Construction Products Regulation. (3) The Federal Ministry of Transport, Building and Urban Development can make a new designation if the legal requirements for this are met. Unofficial table of contents

§ 3 Notifying authority and notified bodies

(1) The Deutsches Institut für Bautechnik is notifying authority within the meaning of Article 40 (1) of the EU Construction Products Regulation. It takes the notifications pursuant to Article 39 of the EU Construction Products Regulation. (2) Evaluation and supervision in accordance with Article 40 (1) and (2) of the EU Construction Products Regulation shall be carried out by the Deutsche Akkreditierungsstelle GmbH within the meaning of and in the In accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EC) No 765/2008 of the European Parliament and of the Council (EEC) No 339/93 (OJ L 339, 31.12.1993, p. 30). (3) The Federal Ministry of Transport, Building and Urban Development is to inform the European Commission in accordance with the first sentence of Article 42 of the EU Construction Products Regulation. Unofficial table of contents

§ 4 Request for notification

The application for notification in accordance with Article 47 (1) of the EU Construction Products Regulation shall be accompanied by the accreditation certificate of the Deutsche Akkreditierungsstelle GmbH referred to in Article 47 (2). Unofficial table of contents

§ 5 Market Surveillance

(1) § § § 4, 5, 7, 9 to 23, 24 (1) sentence 3 as well as § § 32 to 38 of the Product Safety Act are not applicable to the market surveillance in view of the legal requirements arising from the EU Construction Products Regulation. (2) Communications from the market surveillance authorities on construction products for the purpose of informing the European Commission are also to be forwarded to the Federal Ministry of Transport, Building and Urban Development. Unofficial table of contents

§ 6 Language

For Article 7 (4), Article 11 (6), Article 13 (4) and Article 14 (2) of the EU Construction Products Regulation, German shall be defined as the language to be used. The requirement laid down in the first sentence of Article 11 (8), the first sentence of Article 13 (9), and the first sentence of Article 14 (5) of the EU Construction Products Regulation shall be deemed to be fulfilled if the German language is used. Unofficial table of contents

Section 7 Legal regulations for the implementation or implementation of European Union legislative acts

(1) The Federal Government may, with the consent of the Federal Council, adopt legal regulations for the implementation or implementation of European Union legal acts containing regulations governing the placing on the market of construction products, by means of which the The conditions for the placing on the market of such construction products which do not fall within the scope of the EU Construction Products Regulation are regulated. In particular, tests, inspections, certificates, markings, storage and notification obligations, official measures and other than the conformity assessment procedures required by the EU Construction Products Regulation can be carried out. shall be required. In addition, other regulations which are closely related to the placing on the market of construction products may be taken. (2) The legal regulations referred to in paragraph 1 may also include the recognition of persons, bodies, and surveillance communities. to be regulated as a testing, monitoring and certification body. Fees and charges may be levied for the official acts of these testing, monitoring and certification bodies. The State Governments shall be empowered to regulate by means of legal orders:

1.

monitoring of the recognised testing, monitoring and certification bodies; and

2.

the chargeable facts and the fee rates.

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§ 8 Penal provisions

(1) An administrative offence is the person who intentionally or negligently violates a legal regulation pursuant to § 7 (1) or a enforceable order by virtue of such a decree law, in so far as the legal regulation for a specific event to this fine. (2) Contrary to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and the Repeal of Council Directive 89 /106/EEC (OJ L 139, 30.4.1989, 5), by deliberately or negligently:

1.

contrary to Article 7 (1), first subparagraph, (2) or (4), in conjunction with Article 6, first sentence, of this Act as an economic operator in the provision of a construction product on the market, a copy of the declaration of performance is not correct, not correct, or is not made available in the prescribed manner,

2.

contrary to the first subparagraph of Article 11 (1), in conjunction with

a)

Article 4 (1) does not provide a declaration of performance, either correctly or not in good time, or

b)

Article 9 (3), first sentence, does not apply the CE marking, either correctly or not in good time,

3.

, contrary to the second subparagraph of Article 11 (1), when a construction product is placed on the market, a technical documentation is not produced or

4.

in accordance with the first sentence of Article 11 (2), including in conjunction with the second sentence of Article 12 (2) (a) or Article 13 (8), a technical document or a declaration of performance, or not, or a copy of a declaration of performance, not at least 10 years, declaration of performance not or not at least 10 years,

5.

Contrary to the first sentence of the first subparagraph of Article 11 (3), it does not ensure that the declared performance is consistently ensured in series production,

6.

does not ensure, contrary to Article 11 (4), that a construction product bears a type, batch or serial number or a different identifier for identification,

7.

contrary to Article 11 (5) or Article 13 (3), in the case of the provision of a construction product on the market, an indication referred to therein does not or does not make it correct,

8.

Contrary to Article 11 (6) or Article 13 (4) in conjunction with Article 6, first sentence, of this Act, it does not ensure that a construction product is accompanied by a user manual or a safety information item in the German language,

9.

contrary to the first sentence of Article 11 (7), the first sentence of Article 13 (7) or the first sentence of Article 14 (4), the necessary corrective action shall not be taken, not correct or not in time, or shall not ensure that a necessary corrective action is taken be taken,

10.

, contrary to the second sentence of Article 11 (7), the second sentence of Article 13 (7) or the second sentence of Article 14 (4), the information shall not be provided, not correct, complete or not in good time,

11.

contrary to the first sentence of Article 11 (8), the first sentence of Article 13 (9) or the first sentence of Article 14 (5), in conjunction with the second sentence of Article 6 of that Act, or Article 12 (2) (2) (b), information or a document shall not, not correctly, not fully, not in the prescribed manner or not in good time,

12.

the first sentence or the second sentence of the first subparagraph of Article 13 (2) or the first subparagraph of Article 14 (2) shall not, or shall not be, in good time,

13.

Contrary to the third sentence of the first subparagraph of Article 13 (2), it does not ensure that the product is marked with the CE marking, that the product is accompanied by a document referred to therein or that the manufacturer has complied with a requirement referred to in that paragraph,

14.

, contrary to the first sentence of the second subparagraph of Article 13 (2) or the first sentence of the second subparagraph of Article 14 (2), placing a construction product on the market or providing it on the market,

15.

the second sentence of the second subparagraph of Article 13 (2) or the second sentence of the second subparagraph of Article 14 (2) of the second sentence of the second subparagraph shall not inform the manufacturer, the importer or the market surveillance authorities, or shall not immediately inform him of the danger,

16.

does not ensure, contrary to Article 13 (5) or Article 14 (3), that the conditions of storage or transport do not affect the conformity of a construction product with the declaration of performance or compliance with a requirement referred to in that Article,

17.

contrary to Article 16, it shall not be acknowledged, not correct, not complete or not made in good time, or

18.

a fully-retractable arrangement according to

a)

Article 56 (1), second subparagraph, or (4), first subparagraph,

b)

Article 58, paragraph 1, or

c)

Article 59

shall be contrary.

(3) In the cases referred to in paragraphs 1 and 2, points 2, 5, 8, 9, 12, 13, 14, 15, 16 and 18 (a) and (b), the administrative offence may be punishable by a fine of up to EUR 50 000 and, in other cases, with a fine of up to ten thousand euros. . Unofficial table of contents

Section 9 Criminal Code

A term of imprisonment of up to one year or a fine shall be punished for which a premeditated act referred to in Article 8 (2) (2) (a), (5), (9), (14) or (18) (a) or (b) shall be punished, or shall be punished by means of a such intentional act endangers the life or health of another or foreign matter of significant value.