B10 - Construction products

Septic tanks with CE marking in accordance with EN 12566-3 and EN-12566-6

Ninth Ordinance amending the Waste Water Ordinance - Annex 1 - Septic tanks

The amendments to Annex 1, Part C of the Waste Water Ordinance (Abwasserverordnung – AbwV) take into account the need for amendments as a result of amendments to building regulations following the Judgment of the European Court of Justice (ECJ) of 16 October 2014 in Case C-100/13 on construction products . In accordance with the new building regulations, the German Institute for Structural Engineering (Deutsches Institut für Bautechnik – DIBt) will not grant general building inspectorate approvals for construction products harmonised at EU level. This also applies to septic tanks harmonised at European level. The background to this is that, in accordance with the ECJ Judgment of 16 October 2014, additional requirements for market access and the use of construction products covered by harmonised European standards and provided with the CE marking are incompatible with Council Directive 89/106/EEC of 21 December 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to construction products (OJ L 40, 11.2.1989, p. 12). With the abolition of general building inspectorate approvals, the basis for assumption of compliance with discharge values in accordance with Part C, paragraph 1 (‘assumed compliance’), which was previously regulated in Annex 1, Part C, paragraph 4 of the Waster Water Ordinance, for systems harmonised at European level with CE marking no longer applies. The new regulation of assumed compliance for these systems in Annex 1, Part C is therefore required, taking into account the provisions of the aforementioned ECJ Judgment and Regulation (EU) 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 Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5 (hereinafter: CPR)).