MINISTRY OF REGIONAL DEVELOPMENT AND PUBLIC WORKS
ORDINANCE № РД-02-20-1 / 5.02.2015
on the terms and conditions for use of construction products
in the construction of the Republic of Bulgaria
Chapter One
GENERAL TERMS
Article1. The regulation determines the conditions and the procedures for:
- Incorporation of construction products in the construction works of the Republic of Bulgaria;
- Authorisation, notification and control of persons assessing construction products;
- Issue or refusal to issue permits to persons for assessing compliance and for evaluation and inspection of constancy of performance of construction products, for the issue of a European Technical Assessment and of Bulgarian technical approvals of construction products;
- Re-issue, expansion, update, limitation of scope, suspension and cancellation of the permits issued under point 3;
- The assessment and drafting of a declaration for the characteristics of construction projects which have not been encompassed by the existing harmonised standards and for which no European Technical Assessments have been issued;
- The determination of Bulgarian national requirements for construction materials regarding their intended use;
- The implementation of the functions of a point of contact for products in construction materials, in accordance with Article10 of Regulation (EU) No305/2011 of the European Parliament and of the Council of 9March2011 determined harmonised conditions for the marketing of construction products and repealing Council Directive89/106/EEC (OJ, L 88/5 of 4April2011), hereinafter referred to as “Regulation (EU) No305/2011” and in compliance with Article9, Article10 and Article11 of Regulation (EC) No764/2008 of the European Parliament and of the Council of 9July2008 determination of procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No3052/95/EC (ОJ, L 218/21 of 13August2008), hereinafter referred to as “Regulation (EC) No764/2008.”
Article2. (1) Construction works are designed so that they are fit for their intended use (designation), that they secure the safety and health of people participating in the entire life cycle of the construction works provided that normal maintenance is in place, to meet the basic requirements under paragraph2 throughout an economically reasonable working life.
(2) Construction products are foreseen during the design of construction works and applied when the latter are used; such construction products ensure compliance with the basic requirements related toward construction works determined in AppendixI of Regulation (EU) No305/2011, as follows:
1. carrying capacity - mechanical resistance and stability of the constructions and the foundations in cases where load is applied during construction and of operational stresses and seismic loads;
2. safety in cases of fire;
3. health, hygiene and the environment;
4. safety and accessibility during use;
5. noise protection;
6. energy efficiency - energy saving and heat preservation;
7. sustainable use of natural resources.
Article3. (1) Construction products for which harmonised European standards have been implemented or a European Technical Assessment (ETA) has been issued, ensure the meeting of the basic requirements toward construction works where performance of their essential characteristics are determined and declared in accordance with the requirements of Regulation (EU) No305/2011 and meet the Bulgarian national requirements in regard to intended use, as established in Article8.
(2) Construction products for which no harmonised European standards have been in place nor has an ETA been issued, ensure the meeting of the basic requirements toward construction works where their characteristics are determined, declared and compliant with the Bulgarian national requirements regarding intended use, as established in Article8.
Article4. (1) Construction products are incorporated in the construction works on the grounds of drafted declarations specifying intended use or uses and accompanied by instructions and safety information in the Bulgarian language. Depending on technical specifications, in compliance with which the construction products are assessed, declarations are:
1. Declaration of performance in accordance with the requirements of Regulation (EU) No305/2011 and the model set out in AppendixIII of Regulation (EU) No305/2011, where there is a harmonised European standard or an ETA is issued;
2. Declaration of the characteristics of the construction product when it has not been encompassed by a harmonised European standard or when an ETA, drafted after the model in accordance with Appendix1, has not been issued.
(2) The declarations pursuant to paragraph1 should demonstrate compliance with the Bulgarian national requirements concerning intended use or uses where such have been defined.
(3) Individual and non-series construction products are incorporated in construction works on the grounds of a declaration for compliance with the requirements of the investment project for the specific construction works. The declaration is issued by the manufacturer depending on the requirements, on the grounds of test reports and/or documents for compliance of incorporated materials.
(4) Construction products intended for fire safety, fire alarm, fire extinguishing, fire control and explosion suppression, for which no harmonised technical specifications are in place, are incorporated in the construction works on the grounds of a declaration pursuant to paragraph1, point2, instructions and safety information in the Bulgarian language and an opinion for admissibility by the Chief Directorate Fire Safety and Civil Protection (CDFSCP) with the Ministry of Interior. The position has been issued on the grounds of tests and classification performed by the CDFSCP or documents with test results and classification of other accredited or notified laboratories, in accordance with the technical specifications, as determined in the national requirements for incorporation of construction products in the construction works.
(5) Declarations pursuant to paragraph1, point1 are not required for the cases pursuant to Article5, points а), b) and c) of Regulation (EU) No305/2011.
(6) The declarations pursuant to paragraph1 are accompanied depending on the case with information pursuant to Article31 or Article33 of Regulation (EC) No1907/2006 of the European Parliament and of the Council of 18December2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (OJ L 396 of 30December2006).
Article5. (1) If the declaration of performance of a construction product is determined to be in accordance with Article4(1)(1), a CE marking is affixed, in compliance with the basic principles as determined in Article8 and Article9 of Regulation (EU) No305/2011.
(2) Upon declaration for the characteristics of a construction product drafted in accordance with Article4(1)(2), no CE marking is affixed.
Article6. In the investment projects, construction products are foreseen with requirements toward their characteristics, in compliance with the harmonised technical specifications and national requirements concerning their intended use.
Article7. (1) Control of construction products foreseen and incorporated in the construction works with which the execution of the main requirements toward construction works is foreseen, is exercised by:
- the consultant or the expert council of the authorising administration in the assessment of the compliance of investment projects;
- the consultant or the technical manager in the exercise of construction oversight under the Spatial Planning Act (SPA).
(2) Administrative control of construction products in design and construction is performed by the authorities under Articles220–223 of the SPA.
Chapter Two
NATIONAL REQUIREMENTS FOR INCORPORATION OF CONSTRUCTION PRODUCTS IN CONSTRUCTION WORKS
Article8. (1) National requirements for the incorporation of construction products in construction works, including in the cases under Article5 of Regulation (ЕU) No305/2011, are determined with:
1. legislation relating to the design, completion, maintenance and monitoring of construction works where these include requirements vis-à-vis construction products, and/or
2. national standards, by means of which international or European standards are enacted;
3. Bulgarian national standards or the national standards equivalent to methods used in Bulgaria and requirements where standards under point2 are unavailable;
4. Bulgarian technical approvals (BTA).
5. order of the Minister of Investment Planning or an official authorised by him in connection with the intended use or uses of products.
(2) The order pursuant to paragraph1, point5 is promulgated in the State Gazette and is published on the webpage of the Ministry of Investment Planning (MIP).
(3) National requirements, as determined pursuant to paragraph1, point5, are drafted in national appendices to standards in the relevant technical committees of the Bulgarian Institute for Standardisation (BIS) or are concurred with them when no harmonised standards are available.
(4) For construction products evaluated for compliance with national requirements which are repealed or replaced, it is considered that they ensure the meeting of the basic requirements toward construction works and they may be incorporated in them on the grounds of a declaration pursuant to Article4(1) for performance or for characteristics as determined in accordance with the repealed national requirements. A declaration under Article4(1), in compliance with the repealed/replaced national requirements, is not drafted upon the expiry of two years considered from the repealing/replacement of the national requirements.
Article9. (1) Bulgarian Technical Approvals are issued for construction products:
1. for which no ETA is issued nor a harmonised European standard or a standard under Article8(1)(2) and (3) is available or such that tangibly differ from them, and
2. which have not been legally placed on the markets of other Member States of the European Union, Turkey and the Member States of the European Free Trade Area - states belonging to the European Economic Area.
(2) The Bulgarian Technical Approval is a positive technical assessment for the viability of a construction product for meeting the basic requirements toward construction works, in which the product is invested long-term, depending on its use.
(3) Bulgarian Technical Approvals are developed and issued on the grounds of research, tests and assessment of the viability of construction products for their intended use.
(4) Whenever products' guidelines for European Technical Approvals and/or European Assessment Documents are published, BTA shall be drafted in accordance with the rules and procedures therein and in the remainder of cases, BTA shall be issued in accordance with the respective basic requirements for construction works designated as designated in relevant regulations.
(5) The validity period of an issued BTA is 5 years and may be extended where the conditions under paragraph1, point1 continue to be in force.
(6) The validity period of the issued BTA is discontinued prior to the date of expiry as per paragraph5, as follows:
1. after the end of the period of simultaneous application under Article17(5)(c) of Regulation (EU) No305/2011;
2. one year after the publication of a standard for the product under Article8(1)(2) and (3).
(7) The costs for the BTA issue procedure shall be at the expense of the manufacturer or of its authorised representative and shall be determined with a contract.
Article10. (1) The Bulgarian Technical Approval contains:
1. name and address of the person issuing a BTA;
2. number and date of issue;
3. trade name of the construction product;
4. type of product, levels and classes (if any);
5. name and address of manufacturer;
6. validity period;
7. manufacturing facilities;
8. number of pages and appendices;
9. regulatory grounds for the issue of a BTA;
10. product description and designation (text and drawings provided in an appendix), type of construction works for which the product is intended, as well as its service life;
11. the basic requirements toward construction works which determine the technical requirements toward the product;
12. accurate and measurable characteristics of the product related to meeting the basic requirements toward construction works as well as test/calculation methods;
13. obligations of the manufacturer (including requirements for the system for production control) and of the persons assessing compliance of the product with the national requirements where such are determined;
14. levels of product parameters and guidelines for design if such are necessary for the construction works for which the product is intended;
15. requirements for the qualification of production staff and qualification of the staff which will install/incorporate the product in the construction works and installation guidelines;
16. guidelines for operation, maintenance and repair;
17. guidelines for packaging, transportation and storage;
18. occupational health and safety rules and environmental protection rules;
19. health and environmental assessment of the product.
(2) Upon assessing errors and shortcomings in an issued BTA and upon failure to secure a basic requirement for the construction works in the incorporation of the construction product in compliance with the intended use, the person issuing the approval renders it invalid whereby the latter notifies the Minister of Investment Planning thereof.
Article11. (1) The construction products are evaluated for compliance with the national requirements in accordance with Article8(1) by:
1. persons assessing compliance with the national requirements authorised by the Minister of Investment Planning under the procedure of Chapter Three where the national requirements are determined with an order of the Minister of Investment Planning in accordance with Article8(1)(5) or by
2. the manufacturer or its authorised representative on the grounds of testing protocols issued by accredited laboratories, certificates for quality management systems or other documents testifying of compliance with the requirements.
(2) The persons pursuant to paragraph1, point1 recognise test protocols issued by accredited laboratories and certificates for quality management systems issued by accredited authorities for certification of quality management systems.
(3) Declaration for the characteristics of the construction product under Article4(1)(2) is drawn up by the manufacturer or its authorised representative on the grounds of:
1. certificates of compliance in the cases under paragraph1, point1, or
2. testing protocols issued by accredited laboratories and/or certificates for quality management systems, certificates of compliance or other documents testifying of compliance with the requirements in the cases as per paragraph1, point2.
Article12. (1) For construction products evaluated for compliance with national requirements, including repealed versions of technical specifications pursuant to Article8(1)(2) and (3), it is considered that they ensure the meeting of the basic requirements toward construction works and may be incorporated in them on the grounds of a declaration of the construction product characteristics, as described in compliance with the repealed technical specifications versions. A declaration of the characteristics of the construction product described in compliance with the repealed versions of the technical specifications is not issued upon the expiry of two years considered from the repealing/replacement of the old issue.
(2) Where for a construction product a harmonised standard is published, a declaration for the characteristics of the product under Article4(1)(2) is not compiled after the end of the period of simultaneous application pursuant to Article17(5)(c) of Regulation (EU) No305/2011.
(3) Construction products legally placed on the market prior to the end of the period of simultaneous application pursuant to Article17(5)(c) of Regulation No305/2011 are incorporated in the construction works which are foreseen with the investment projects approved prior to that date.
Chapter Three
AUTHORISATION AND NOTIFICATION OF BODIES ASSESSING
CONSTRUCTION PRODUCTS
Article13. (1) Persons assessing construction products are:
1. bodies participating in the assessment and inspection of the constancy of performance of the essential characteristics, in accordance with AppendixV of Regulation (EU) No305/2011;
2. bodies for technical assessment, in accordance with ChapterV of Regulation (EU) No305/2011;
3. persons assessing compliance with the national requirements;
4. persons for the issue of a Bulgarian Technical Approval.
(2) Persons under paragraph1, point3 are persons for certification which certify the assessment made with a certificate for compliance with the national requirements for product use.
(3) Persons pursuant to paragraph1, point4 must be competent in analysing the risk from the use of innovative construction products, for determining the characteristics of products influencing the achievement of the basic requirements for the construction works, for the determination of the relevant methods for their assessment and requirements for the production control in product areas where BTA are issued.
Article14. (1) The Minister of Investment Planning or an official authorised by him/her is a notifying authority under Article29 and Article40 of Regulation (EU) No305/2011 who:
1. evaluates, authorises and monitors the activity and compliance with the requirements of Article30 and Articles43-46 inclusive of Regulation (EU) No305/2011 and of Article10 of the Technical Requirements Toward Products Act (TRTPA) of the persons assessing construction products;
2. issues, refuses the issue, withdraws and suspends, updates, re-issues, extends, refuses to extend and restricts the scope of the issued permits of the bodies assessing construction products;
3. notifies the European Commission (EC) and the Member States for the issue, withdrawal, extension and suspension, update, expansion and restriction of the scope of the issued permits to persons designated as technical assessment authorities pursuant to Article29(1) and of persons authorised to perform tasks as third parties in the process of assessment and inspection of the constancy of performance pursuant to Article39 of Regulation (ЕU) No305/2011.
(2) The order for the issue, refusal to issue, withdrawal, extension and suspension, update, re-issue, expansion, refusal to expand and restrict the scope of the permits issued to persons for assessing construction products, shall be determined in accordance with the procedure as described in Appendix2.
(3) Where an external expert is used during the assessment for authorisation and monitoring of the activity pursuant to paragraph1, point1, in compliance with Article12a(1) of the TRTPA for the drafting of expert analysis and expert conclusion, the expert is paid compensation in compliance with an award contract compliant with the approved annual plan for the activity and, if necessary, its staff expenses.
Article15. (1) The permit for the assessment and inspection of the consistency of performance of construction products as well as for the assessment of the compliance of construction products with the national requirements pursuant to Article8(1)(5) is issued to a person who:
1. meets the requirements of Article43 – Article46 inclusive of Regulation No305/2011 and Article10 of the TRTPA;
2. has a quality manual and procedures in compliance with:
а) BDS EN 45011 or EN ISO/IEC 17065 for persons certifying products and production control in the enterprise;
b) BDS ISO/IEC 17021 for persons certifying production control in the enterprise;
c) BDS ISO/IEC 17025 for testing laboratories;
3. can fulfil the tasks described in AppendixV of Regulation (EU) No305/2011;
4. has competent staff, at least half of which is hired under employment contracts of indefinite duration; the ratio does not include the hired foreign auditors;
5. has technical specifications containing technical requirements and testing methods for the products within the scope of the permit.
(2) The permit for issuing ETAs and BTAs is awarded to a body which:
1. meets the requirements of Article10 of the TRTPA and of Article 30 and of Table2 of AppendixIV of Regulation (EU) No305/2011, and
2. has a quality manual and procedures;
3. has a laboratory accredited for the product areas included within the scope of authorisation.
(3) The permits under paragraphs1 and 2, hereinafter referred to as “permits for assessing construction products”, determine the scope of the construction products or product areas to which they refer, in accordance with the models in Appendix3.