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

Read the untranslated law here: http://www.gesetze-im-internet.de/baupg_2013/BJNR245000012.html

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 on construction products (construction products act - CPD) CPD Ausfertigung date: 05.12.2012 full quotation: "building products law by 5 December 2012 (BGBl. I S. 2449, 2450)" footnote (+++ text detection from: 1.7.2013 +++) the law was enacted as article 2 of the G v. 5.12.2012 I 2449 of the Bundestag. It occurs as per article 7 para 2 sentence 1 of the 1.7.2013 into force.

§ 1 technical assessment body (1), the German Institute for building technology in Berlin is technical assessment body within the meaning of article 29 paragraph 1 subparagraph 1 of Regulation (EU) No 305 / 2011 of the European Parliament and of the Council of 9 March 2011 for establishing of conditions for the marketing of construction products and repealing of Directive 89/106/EEC of the Council (OJ L 88 of the astronomy, p. 5) (EU construction products regulation), in particular for those in annex IV referred to in table 1 of EU construction products regulation in amended product areas.
(2) the German Institute for building technology has construction and urban development on behalf of the Federal Ministry of transport, in the organisation of technical assessment bodies referred to in article 31 of the EU construction products regulation.
(3) monitoring and evaluation of the technical assessment body pursuant to article 29 paragraph 3 subparagraph 1 of EU construction products regulation are performed by the Board of Directors of the German Institute for building technology.
(4) the Federal Ministry of transport, building and urban development communication responsibility according to article 29 paragraph 1 subparagraph 2 of EU construction products regulation and the teachings according to article 29 paragraph 3 subparagraph 2 and article 30 paragraph 3 of EU construction products regulation.

Revocation of designation as technical assessment body (1) the Board of Directors of the German Institute for building technology in monitoring accordance with § 1 paragraph 3 and evaluation to the view that a designation of the German Institute for building technology as technical assessment body for one or more product areas is no longer justified enters § 2, so he shall inform the Federal Ministry of transport, building and urban development, stating his reasons.
(2) the Federal Ministry for transport, building and urban development decides a revocation of the designation in accordance with article 30 paragraph 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.

§ 3 notifying authorities and notified bodies (1) that German Institute for building technology is notifying authority within the meaning of article 40 paragraph 1 of EU construction products regulation. It does make the notifications referred to in article 39 of the EU construction products regulation.
(2) assessment and monitoring referred to in article 40 paragraph 1 and 2 of the EU construction products regulation be carried out by the German accreditation body 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 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ OJ L 218 of the 13.8.2008, p. 30).
(3) the Federal Ministry of transport, building and urban development informed the European Commission referred to in article 42 set 1 of EU construction products regulation.

Article 4 notification request the request for notification referred to in article 47 paragraph 1 of EU construction products regulation which is in article 47 paragraph 2 the German GmbH accreditation referred to to be attached.

§ 5 the §§ 4, 5 and 7 are market monitoring (1) on the market surveillance with regard to the legal requirements of the EU construction products regulation arising, 9 to 23, 24 paragraph 1 do not use sentence 3 and paragraphs 32 to 38 of the product safety act.
(2) notification of market surveillance authorities relating to construction products for the purpose of informing the European Commission at the same time are the Federal Ministry of transport, guide to building and urban development.

§ 6 language for article 7 paragraph 4, article 11, paragraph 6, article 13 paragraph 4, and article 14 paragraph 2 of EU construction products regulation will set German as the language to use. In article 11 paragraph 8 clause 1, article 13 paragraph 9 sentence 1 and article 14 paragraph 5 is set 1 which contained requirement applies EU construction products regulation if the German language uses as complying.

§ 7 can the Federal Government to implement regulations for implementation or execution of acts of the European Union (1), or with the consent of the Federal Council legal regulations implementation of legal acts of the European Union, which contain rules concerning the placing on the market of construction products, to be governed by the conditions for the placing on the market of such construction products which are not under the EU construction products regulation. This in particular checks, audits, certificates, labels, retention and reporting obligations, regulatory measures and others may be prescribed as the conformity to the EU construction products regulation proof procedures. In addition, other provisions relating to the placing on the market of construction products closely related, can be taken.
(2) in the regulations referred to in paragraph 1 also the recognition will be governed by persons, bodies and audit communities as testing, monitoring, and certification authority. Fees and expenses may be imposed for acts of this testing, monitoring and certification bodies. The State Governments be empowered through regulations to regulate the following: 1 the monitoring of inspection, monitoring and certification bodies and 2. recognised the chargeable offences and the rates.

§ 8 is penalty provisions (1) any person who intentionally or negligently contravenes a regulation according to § 7 paragraph 1 or an enforceable order on the basis of such a decree, as far as the legal regulation for a specific offence refers to this fine provision.
(2) any person who is against the Regulation (EU) is, 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 repealing of Directive 89/106/EEC of the Council (OJ L 88 of the astronomy, p. 5) violates, by he intentionally or negligently 1 contrary to article 7 paragraph 1 subparagraph 1, paragraph 2 or article 4 in conjunction with article 6 set 1 of this law as an economic actor for a construction product on the market providing a copy of the Declaration of performance, incorrectly or not in the prescribed manner at the disposal does not, 2. contrary to article 11 paragraph 1 subparagraph 1 in conjunction with a) article 4, paragraph 1 a declaration of performance not , created incorrectly or not in time or b) article 9 paragraph 3 sentence 1 the CE marking not, not properly or in a timely manner will install, 3. contrary to article 11 paragraph 1 subparagraph 2 when placing a construction product technical documentation not or not correctly created, 4. contrary to article 11 paragraph 2 sentence 1, also in conjunction with article 12 paragraph 2 sentence 2 letter a or article 13 paragraph 8 , kept a technical document or a declaration of performance not or at least ten years or a copy of a declaration of performance not or at least decade holds 5. contrary to article 11, paragraph 3 subparagraph 1 sentence 1 does not ensure that the stated performance in series production is constantly ensured, 6 contrary to article 11 paragraph 4 does not ensure that a construction product bear a type, batch or serial number or other identification of a , 7 contrary to article 11 paragraph 5 or article 13 a there called specification is not or not properly paragraph 3 in the provision of a construction product on the market, 8 contrary to article 11 paragraph 6, or article 13 paragraph 4 in conjunction with article 6 set 1 of this law does not ensure that an instruction manual or safety information in German language is attached to a building product , 9. contrary to article 11 paragraph 7 clause 1, article 13 paragraph 7 sentence 1 or article 14 sentence 1 required corrective action do not, not properly or in a timely manner takes paragraph 4 or does not ensure that necessary corrective action is taken, 10 contrary to article 11 paragraph 7 sentence 2, article 13 paragraph 7 sentence 2 or article 14 paragraph 4 sentence 2 a briefing do not , incorrectly, incompletely or not timely undertaking 11 contrary to article 11, paragraph 8 clause 1, article 13 paragraph 9 sentence 1 or article 14 paragraph 5 sentence 1, each in conjunction with § 6 clause 2 of this law, or contrary to article 12 paragraph 2 sentence 2 letter b with a information or a document not, incorrectly, incompletely, issued in the prescribed manner or in a timely manner , 12. contrary to article 13 paragraph 2 subparagraph 1 set 1 or set 2, or article 14 paragraph 2 subparagraph 1 is not or not timely satisfied, 13 contrary to article 13 paragraph 2 subparagraph 1 sentence 3 does not ensure that the product with the CE marking is provided, that a there called surface is enclosed with the product, or that the manufacturer has complied with a request there called , 14.
contrary to article 13 paragraph 2 subparagraph 2 sentence 1 or contrary to article 14 (2) a construction product on the market brings under paragraph 2 sentence 1 or provides on the market, 15 contrary to article 13 paragraph 2 subparagraph 2 sentence 2 or article 14 paragraph 2 subparagraph 2 sentence 2 the manufacturer, the importer or the market surveillance authorities do not or not immediately after informed knowledge of the danger , 16 contrary to article 13 paragraph 5 or article 14 paragraph 3 does not ensure that the storage or transport conditions do not affect the conformity of a construction product with the Declaration of performance or compliance with a referred request, 17 contrary to article 16 not, incorrectly, incompletely or not in time makes a nomination or 18 an enforceable order after a) article 56 paragraph 1 subparagraph 2 or paragraph 4 subparagraph 1 , b) article 58 paragraph 1 or c) contravenes article 59.
(3) the offence may in cases of paragraph 1 and 2 number 2, 5, 8, 9, 12, 13, 14, 15, 16 and 18 letter a and b with a fine up to fifty thousand euro, in other cases a fine punishable up to ten thousand euros.

§ 9 sanctions with imprisonment up to one year or with fine will be punished who a in § 8 paragraph 2 No. 2 persistently repeated letter a, number 5, 9, 14, or number 18 a letter or letter of b, deliberate act or by such an intentional act endangering life or health of another or other items of significant value.