2016/0647/RO
EC/EFTA
RO Romania
  • B10 - Construction materials
2017-03-13
2016-12-16

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fact that Government Decision No 622/2004 is a regulatory act which transposes Council Directive No 89/106/EEC and was repealed by Regulation (EU) No 305/2011, the content of the Government Decision no longer meets the current requirements for the marketing of construction products.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.

Government Decision establishing the conditions for marketing construction products

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