Message 002
Communication from the Commission - TRIS/(2016) 03760
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2016/0647/RO
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 201603760.EN)
1. MSG 002 IND 2016 0647 RO EN 12-12-2016 RO NOTIF
2. RO
3A. Ministerul Economiei, Comerțului și Relațiilor cu Mediul de Afaceri - Direcția Afaceri Europene
Calea Victoriei nr.152, Sector 1, Bucureşti, cod 010096;
Telefon 004 0212025242, 004 0212025359 Fax 004 0212025245
E-mail:reglementari_tehnice@economie.gov.ro; ionut_ciobanoiu@economie.gov.ro
3B. Ministerul Dezvoltării Regionale și Administrației Publice
Direcția Generală Dezvoltare Regională și Infrastructură
Str.Apolodor nr.17,Sector 5 București;
Telefon 0372.114.599;
E-mail : andreea.dumitrescu@mdrap.ro
4. 2016/0647/RO - B10
5. Government Decision establishing the conditions for marketing construction products
6. Given the fact that Government Decision No 622/2004 is a regulatory act which transposes Council Directive No 89/106/EEC and was repealed by Regulation (EU) No 305/2011, the content of the Government Decision no longer meets the current requirements for the marketing of construction products.
Taking into account the fact that Regulation (EU) No 305/2011 is applied directly and does not include a chapter on sanctions and measures for preventing or reducing the risks that can be caused by non-compliant construction products, this regulatory act includes a chapter on contraventions and sanctions, which is absolutely necessary in order to carry out monitoring activities on the construction products market.
This regulatory act regulates the marketing of construction products both in the field covered by non-harmonised technical specifications and in the field in which there are no technical specifications in force, where the field covered by harmonised technical specifications is subject to Regulation (EU) No 305/2011.
For the field in which there are no technical specifications in force, construction products are marketed accompanied by technical approvals in constructions.
The Permanent Technical Council for Constructions, a body without legal personality that is attached to the Ministry of Regional Development and Public Administration (MDRAP), endorses and approves technical approvals in constructions.
This draft Government Decision also stipulates that the Technical Secretariat of the Permanent Technical Council for Constructions, which at present carries out its activity within the National Institute for Research and Development in Construction, Urban Planning and Sustainable Territorial Development (URBAN-INCERC), should be transferred and integrated within the organisational structure of the MDRAP.
7. -
8. This regulatory act establishes the conditions for marketing construction products, includes a chapter on sanctions and measures for preventing or reducing the risks that can be caused by non-compliant construction products and is addressed to the manufacturers of construction materials, their authorised representatives, importers, distributors and other entities which contribute to the conception, design, approval, execution, acceptance, utilisation and post-utilisation of building structures in which construction products are embedded, as well as to authorities responsible for monitoring the construction products market.
This draft Government Decision also stipulates that the Technical Secretariat of the Permanent Technical Council for Constructions, which at present carries out its activity within the URBAN-INCERC, should be integrated within the organisational structure of the MDRAP.
The Permanent Technical Council for Constructions, a body without legal personality that is attached to the MDRAP, endorses and approves technical approvals in constructions, whereas the Technical Secretariat of the Permanent Technical Council for Constructions is responsible for the Council's logistics and administrative activities.
In ‘Chapter VI Contraventions and sanctions’, Article 28(1)(f) mentions Annex V to Government Decision No 766/1997 approving certain regulations concerning quality in constructions, which was subject to notification No 2016/0646/RO.
Key words: marketing, construction products, preventive measures
9. This draft Government Decision:
- introduces the phrase ‘bodies responsible for assessing the conformity of construction products shall be accredited by a national accreditation body within the meaning of and in accordance with the provisions of Regulation (EC) No 765/2008’ which guarantees the mutual acceptance of the level of competence of conformity assessment bodies within the Member States, therefore ensuring the free movement of goods within the internal market of the European Union;
- introduces the phrase ‘the assays or tests required in order to issue a technical approval in constructions shall be carried out in laboratories accredited in accordance with SR ISO/IEC 17025:2005 and SR ISO/IEC 17025:2005/AC:2007 by a national accreditation body within the meaning of and in accordance with the provisions of Regulation (EC) No 765/2008, for the assays or tests stipulated in the applicable non-harmonised technical specifications/the respective technical approval’ and leaves it to the conformity assessment bodies or the bodies responsible for issuing technical approvals in constructions to select these laboratories;
- introduces the phrase ‘bodies responsible assessing the conformity of construction products appointed by the MDRAP, which are bodies responsible for assessing the conformity of construction products that are accredited by a national accreditation body within the meaning of and in accordance with the provisions of Regulation (EC) No 765/2008’; the MDRAP shall post on its specialised website and periodically update a list of the national bodies responsible for certifying the conformity of construction products and the categories of construction products for which they are accredited;
- regulates the safety of construction products in contact with drinking water by introducing the phrase ‘the declaration of performance drawn up by the manufacturer for the construction products in contact with drinking water shall be accompanied by a sanitary permit/notification issued by the National Institute of Public Health’;
- regulates the safety of construction products with regard to hazardous substances by introducing the phrase ‘the declaration of performance drawn up by the manufacturer for construction products which contain hazardous substances included in the list provided in Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as subsequently amended, shall be accompanied by the product safety data sheet drawn up by the manufacturer’;
- stipulates that only the products themselves can be placed on the market and establishes the obligations of manufacturers, importers and distributors with regard to product safety;
- stipulates measures for reorganising the Technical Secretariat of the Permanent Technical Council for Constructions by integrating it within the organisational structure of the MDRAP.
10. No basic text(s) available.
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
No - the draft has no significant impact on international trade.
SPS aspect
No - the draft has no significant impact on international trade.
**********
European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir83-189-central@ec.europa.eu
