Law On The Implementation Of The Regulation (Eu) No 305 / 2011 Laying Down Harmonised Conditions For The Marketing Of Construction Products And To The Implementation And Operation Of Other Legal Acts Of The European Union In Relation To Construction Pr...

Original Language Title: Gesetz zur Durchführung der Verordnung (EU) Nr. 305/2011 zur Festlegung harmonisierter Bedingungen für die Vermarktung von Bauprodukten und zur Umsetzung und Durchführung anderer Rechtsakte der Europäischen Union in Bezug auf Bauprodukte

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

Non-official table of contents

BauPG

Date of release: 05.12.2012

Full quote:

" Construction Product Act of 5. December 2012 (BGBl. I S. 2449, 2450) "

Footnote

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

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

§ 1 Technical Assessment Body

(1) The German Institute for Construction Technology in Berlin is the Technical Assessment Office in the 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 harmonised conditions for the placing on the market of construction products and repealing Council Directive 89 /106/EEC (OJ L 327, 28.11.1989, 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 in the current version.(2) The German Institute of Building Technology is acting on behalf of the Federal Ministry of Transport, Building and Urban Development in the organisation of Technical Assessment Points in accordance with Article 31 of the EU Construction Products Regulation.(3) Monitoring and evaluation of the Technical Assessment Body in accordance with the first subparagraph of Article 29 (3) of the EU Construction Products Regulation shall be carried out by the Board of Directors of the German Institute for Construction Technology.(4) The Federal Ministry of Transport, Building and Urban Development is responsible for the notification referred to in the second subparagraph of Article 29 (1) of the EU Construction Products Regulation and the sub-directions referred to in the second subparagraph of Article 29 (3) and Article 30 (3) of the Regulation. EU Construction Products Regulation. Unofficial table of contents

§ 2 Revocation of the nomination as a Technical Assessment Body

(1) The Board of Directors of the German Institute for Construction technology in the case of the monitoring and assessment to be carried out in accordance with § 1 (3) to the opinion that a designation of the German Institute for Construction Technology as a technical assessment centre for one or more product areas no longer , it shall inform the Federal Ministry of Transport, Building and Urban Development, stating the reasons for its reasons.(2) The Federal Ministry for Transport, Building and Urban Development shall decide on a revocation of the designation in accordance with Article 30 (3) of the EU Construction Products Regulation.(3) The Federal Ministry of Transport, Building and Urban Development may make a new designation if the legal requirements for this are met. Non-official table of contents

§ 3 Notifying authority and notified bodies

(1) The German Institute for Construction Engineering is notifying authority in the The meaning of Article 40 (1) of the EU Construction Products Regulation. It shall make the notifications referred to in 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 accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9. July 2008 laying down the rules for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 327, 31.12.1993, p. 30). (3) The Federal Ministry of Transport, Building and Urban Development shall inform the European Commission in accordance with the first sentence of Article 42 of the EU Construction Products Regulation. Non-official table of contents

§ 4 Request for notification

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

§ 5 Market monitoring

(1) Market monitoring in view of the legal requirements arising from the § § 4, 5, 7, 9 to 23, 24 (1) sentence 3 as well as § § 32 to 38 of the Product Safety Act are not to be applied.(2) Communications from the market surveillance authorities on construction products for the purpose of informing the European Commission are to be forwarded to the Federal Ministry of Transport, Building and Urban Development at the same time. Non-official table of contents

§ 6 Language

For Articles 7 (4), 11 (6), 13 (4) and 14 (2) of the The EU Construction Products Regulation is set to be German 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. Non-official table of contents

§ 7 Legal regulations for the implementation or implementation of legal acts of the European Union

(1) The Federal Government may on the implementation or implementation of European Union legal acts containing regulations on the placing on the market of construction products, with the consent of the Federal Council of the European Union, legal regulations establishing the conditions for the The placing on the market of such construction products, which are not covered by 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 recognition of persons, bodies and surveillance communities as a testing, monitoring and certification body may also be regulated in the legal regulations referred to in paragraph 1. Fees and charges may be levied for the official acts of these testing, monitoring and certification bodies. National Governments shall be empowered to regulate by means of legal orders:
1.
Monitoring the approved testing, monitoring and certification bodies and
2.
the chargeable tatts and rates.
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§ 8 fines regulations

(1) acts contrary to the law, who intentionally or negligently of a legal regulation pursuant to § 7 paragraph 1 or a fully-retractable order are contrary to such a regulation in so far as the legal regulation refers to this fine for a particular case.(2) A breach of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 May 2011. March 2011 laying down harmonised conditions for the placing on the market of construction products and repealing Council Directive 89 /106/EEC (OJ L 327, 28.11.1989, p. 5), by intentionally or negligently
1.
contrary to the first subparagraph of Article 7 (1), (2) or (4), in conjunction with § 6 sentence 1 this law as an economic operator in the provision of a construction product on the market does not provide a copy of the declaration of performance, not correct or not provided in the prescribed manner,
2.
contrary to the first subparagraph of Article 11, paragraph 1, in conjunction with
a)
Article 4, paragraph 1 Declaration of performance not, not correct or not prepared in time or
b)
Article 9, paragraph 3, sentence 1, the CE marking is not, not correct or not in good time
3.
contrary to the second subparagraph of Article 11 (1) when placing a construction product on the market, technical documentation is not correct or is not correct ,
4.
contrary to the first sentence of Article 11 (2), also in conjunction with the second sentence of Article 12 (2) (a) or Article 13 (8), a technical document, or a declaration of performance not or not for at least ten years, or a copy of a declaration of performance not or not at least ten years ago,
5.
contrary to the first sentence of the first sentence of the first subparagraph of Article 11 (3), it does not ensure that the declared performance is consistently guaranteed in series production,
6.
contrary to Article 11, paragraph 4, it does not ensure that a construction product bears a type, batch, or serial number or other identifier for identification,
7.
contrary to Article 11, paragraph 5, or Article 13, paragraph 3, when providing a construction product on the market, does not make a claim or does not make it right,
8.
contrary to Article 11 (6) or Article 13 (4) in conjunction with § 6 sentence 1 of this law, it does not ensure that a construction product is a user manual or a Security information in German is attached,
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), a does not take the necessary corrective action, not correct or not in time, or does not ensure that a required corrective action is 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), no information, not correct, not 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), respectively in conjunction with the second sentence of Article 6 of this Act, or , contrary to Article 12 (2), second sentence, point (b), information or a document not, not correct, not complete, not provided in the prescribed manner or not in good time,
12.
contrary to the first sentence of the first sentence of the first subparagraph of Article 13 (2) or the second sentence of Article 14 (2), or the first subparagraph of Article 14 (2), or not in time,
13.
contrary to the first sentence of the first 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 fulfilled a requirement referred to therein,
14.
contrary to the second sentence of the second subparagraph of Article 13 (2), or in the second subparagraph of Article 14 (2) Sentence 1 a construction product placed on the market or on the market,
15.
contrary to the second sentence of the second subparagraph of Article 13 (2) or the second sentence of the second subparagraph of Article 14 (2) 2 the manufacturer, the importer or the market surveillance authorities are not informed, or not immediately informed of the risk, of the risk,
16.
contrary to Article 13 (1) (b) 5 or Article 14 (3) does not ensure that the storage or transport conditions do not affect the conformity of a construction product with the performance declaration or compliance with a requirement referred to therein,
17.
contrary to Article 16, no naming, not correct, not complete, or not timely, or
18.
a fully-extensible arrangement after
a)
article 56, paragraph 1, subparagraph 2 or paragraph 4, subparagraph 1,
b)
Article 58 (1) or
c)
Article 59
(3) The 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) may be punished with a fine of up to EUR 50 000 and, in the other cases, a fine of up to ten thousand euro. Non-official table of contents

§ 9 Penal provisions

Imprisonment of up to one year or a fine shall be punishable by a person in accordance with Section 8 (2) Point 2 (a), points 5, 9, 14 or 18 (a) or (b), or by such intentional act, repeatedly or by means of an intentional act of another or a foreign matter of significant importance. Value at risk.