Entwurf Muster-Verwaltungsvorschrift Technische Baubestimmungen (M-VV TB), Stand 20. Juli 2016
Communication from the Commission - TRIS/(2016) 02261
Directive (EU) 2015/1535
Translation of the message 001
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.
1. Strukturierte Informationszeile
MSG 002 IND 2016 0376 D EN 21-07-2016 D NOTIF
3. Verantwortliches Ministerium
Bundesministerium für Wirtschaft und Energie, Referat E B 2, 11019 Berlin,
Tel.: 0049-30-2014-6353, Fax: 0049-30-2014-5379, E-Mail: firstname.lastname@example.org
3. Zuständige Stelle
Konferenz der für das Bau-, Wohnungs- und Siedlungswesen zuständigen Minister/Senatoren der Länder, Bauministerkonferenz (BMK), Fachkommissionen Bautechnik und Bauaufsicht der BMK, Deutsches Institut für Bautechnik (DIBt)
2016/0376/D - B00
Draft Model Administrative Rules – Technical Building Regulations [M-VV TB], as at 20 July 2016
6. Products Concerned
Construction products and construction types with regard to their use and application
7. Notifizierung nach einem anderen Rechtsakt
The draft Model Administrative Rules – Technical Building Regulations contain: the technical building regulations to be observed to meet the basic requirements for construction works (Section A), the technical building regulations for components and special constructions to be observed in addition to the technical building regulations listed in Section A (Section B), the technical building regulations for construction products that do not have the CE marking (Section C), and a list of construction products that do not require evidence of usability (Section D).
Please refer to Section C 1 for more information on the equivalence clause.
9. Kurze Begründung
The draft Model Administrative Rules – Technical Building Regulations clarify the standards and are based on the enabling provision in § 85a of the Model Building Regulation (MBO; see Notification 2016/0228/D). The notified rules include provisions to clarify the general requirements for construction works under § 3 MBO, taking into account the basic requirements for construction works pursuant to Annex I of Regulation (EU) No 305/2011. The rules relate to construction works and pertain to the planning, dimensioning and construction of physical structures, provisions on product performance in specific physical structures and components thereof, provisions on construction products in the non-harmonised area, and the content of technical documentation.
These rules shall replace the specimen lists of the Technical Building Regulations (see 2014/0612/D, 2014/0613/D and 2014/0614/D) and the Building Regulations Lists (see 2014/0150/D).
The notification is made on behalf of the 16 states of the Federal Republic of Germany.
10. Bezugsdokumente - Grundlagentexte
Reference(s) to basic text(s): these rules shall replace the specimen lists of the Technical Building Regulations (see 2014/0612/D, 2014/0613/D and 2014/0614/D) and the Building Regulations Lists (see 2014/0150/D).
The basic texts were forwarded with an earlier notification: 2014/0612/D: 2014/0150/D
11. Veranlassung des Dringlichkeitsverfahrens
12. Gründe für die Dringlichkeit
14. Steuerliche Maßnahmen
16. TBT- und SPS-Aspekte
No - the draft has no significant impact on international trade.
No - the draft is neither a sanitary nor phytosanitary measure.
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
Beiträge von Interessenträgern
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The Confederation of Danish Industry is pleased to submit comments on Draft Model Administrative Rules – Technical Building Regulations [M-VV TB], as of 20 July 2016.
The comments relate to whether specific (see below) proposed changes to the technical rules and the requirement to have the Ü-mark as certificate of compliance is in violation of preamble number 33 and Article 8 (3) of the Regulation (EU) No 305/2011 Of the European Parliament and the Council of 9 March 2011.
please find attached our contribution on the notification procedure 2016/0376/D on behalf of VGB PowerTech e.V. and Wirtschaftsverband Mineralische Nebenprodukte WIN e.V.
The members of European Aluminium have collected a set of comments that are dealing with TRIS notification 2016/376/D.
The comments have been summarised in German language.
We remain at your disposal for any clarification.
On behalf of European Aluminium,
Pavlos Vatavalis, PhD
Building market group and Standardisation
BDEW German Association of Energy and Water Industries and VGB PowerTech would like to raise their concerns about the draft, especially concerning the Requirements for physical structures regarding effects on soil and water (ABuG). The included additional rules on fly ash are contradictory to the judgement of the CJEU of 16 October 2014, Case C-100/13. In addition they are not technically comprehensible.
The details are given in the attached document.
The Belgian Federation of the Glass Industries would like to raise its concerns about this draft regulation, especially with the pages 27 and 268 to 270.
It concerns additional rules for 2 products:
- heat soaked thermally toughened soda lime silicate safety glass
- laminated safety glass
The main concerns are the following:
- deny of EN 14179-1:2016
- additional requirements that create barrier to the free circulation of goods
- "de facto" upgrade of the AVCP system from AVCP 3 to AVCP 1
- technical mistakes
The details are given in the attached document.
The Belgian glass industry has analysed carefully this draft regulation and would like to express its objections on two sections of this document.
See attached file for further details.
Considering that this draft German technical regulation is an obstacle to the free circulation of good, we thank you in advance for the attention you will give to our request and remain at your disposal for any further information you may require.
The Draft Model Adminstrative Rules - Technical Building regulations includes ABG requirements, which cannot be accepted by the industry.
Please see the complete VHI-Statement in the attached file of 23 September 2016.
Please see attach our contributions.
Please see attached file
EVIA contribution to Draft Model Administrative Rules – Technical Building Regulations
The European Ventilation Industry Association (EVIA) is concerned, that the draft new German regulation MVV TB will again create trade barriers on ventilation products, because it creates additional requirements on products.
I. Additional German requirements duplicate with existing EU Regulations of ventilation units
The new German regulation is referring to the correct EU regulation, but it imposes additional requirements (please see last column of the extract from the draft German regulation below), which are already sufficiently addressed in other already existing EU regulations.
Ventilation devices with a volume flow ≤ 1 000 m³/h
Regulation (EU) No. 1253/2014
Delegated Regulation (EU) No. 1254/2014
a: Aeration and ventilation of residential and non-residential buildings
b.1: Fire protection
b.2: Hygiene, health, preservation of the environment
b.3: Energy saving and thermal insulation
c.1: Reaction to fire
c.2: Characteristic curve, minimum volume flow, sealing, air quality (filter), safety equipment
c.3: Energy characteristics
There is no harmonized standard for ventilation units based on Construction Products Directive, but most of the parts regarding the requirements are already considered in other EU regulations, such as follows:
- Machine Directive
- Low Voltage Directive
- REACH Directive
- Ecodesign Regulations
First, currently there is no EU-wide acceptance that ventilation units are treated as construction products. Many member states consider it as machines and therefore all aspects needed are already treated in the Machine Directive.
In addition, according to Annex IV of the Construction Products Regulation (EU 305/2011), ventilations units are not subject to checks performed by Technical Assessment Bodies. A consequence is that there is no CE-marking option for those products.
If ventilation units are to be considered as a construction product as it is currently done in MVV TB (extract from the draft German regulation) optional additional requirements shall not be envisaged as a number of elements already exist in several European legislation and specification (see judgment C-100/13):
- Harmonised standards
- Other European legislation
- European technical approval (seem to be not possible Annex IV)
- CEN standards (even not harmonised)
- Any other not harmonised European specification
II. Why such requirements are not needed?
In details, the following are additional requirements tabled in the German draft that are already covered under another EU Regulation.
EVIA would like to underline that there is no need for additional regulation as it would create administrative burden and would go against the Better Regulation principle of the common market promoted by Mr Timmermans, the European Commission’s First Vice president.
There are no requirements in Germany for residential application for products installed in single family houses. In non-residential application, or bigger residential application, there are fire protection requirements based on a system approach. All additional system based requirements can be solved in the system by using additional components to fulfil the requirements.
There are no restrictions on the unit itself, which cannot be solved by other means.
Ø As a consequence no requirements for the units are needed.
Hygiene health and Environment
REACH directive is considering the safety of material used from a chemical point of view.
There are CEN standards, dealing with that aspect (EN 13142, EN 16798-3, EN 13053, EN 1886, etc.) which must be considered. The following aspects are already covered in this standards:
- Materials and construction details
- Security data sheets
Ø As a consequence no requirements for the units are needed.
All the aspects needed are fully covered in Ecodesign Regulations applicable to ventilation units (EU 1253/2014 and 1254/2014).
Ø As a consequence no further requirements for the unit needed and additional requirements will confuse the market.
III. Potential impact of the new legislation on Manufacturers
If this regulation comes into force, there will be an option for each German region to specify additional requirements on ventilation units, which might distort competition in that playing field. Typically the Deutsches Institut für Bautechnik (DIBt) will perform more tests than currently performed.
This will lead to the situation that even products that comply with EU legislation for the EU single market and/or comply with CEN Standards will have to be:
- Tested again in DIBt selected laboratories
- Need further approvals
- Ü-market according DIBt-specification
And therefore, products that do not fulfil these additional criteria:
- Will not be allowed to be used
- Will face problems with market acceptance even if the Ü-mark is not required
- Will not be accepted by regional promoting programs
For manufacturers of ventilation units on the German market, this situation will imply:
- Additional cost for testing with no further added value for the product
- Additional timing and cost before placing on the market (currently more than 2 years)
Please, see the attachment with the comments of Ecopneus.
Attached please see the contribution of the VDMA e.V. (Verband Deutscher Maschinen- und Anlagenbau e.V. / Mechanical Engineering Industry Association
UNIRIGOM opinion on the Draft Model Administrative Rules - Technical Building Regulations (M-VV TB)
UNIRIGOM (Italian Association of ELTs Recyclers), that gathers the most representative Italian companies in this field, is particularly worried about the possible effects coming from the application of the Draft Model Administrative Rules Technical Building Regulations (M-VV-TB), presented to the European Commission by the German Federal Ministry for Economic Affairs and Energy according to the notification procedure for technical standards. In Italy, the sector of ELTs treatment is facing the difficulties to define clear rules to promote the recycling of materials from ELTs crushing and it works constantly, also with their costumers, to find a way to spread the market of recycled products, while this measure goes exactly in the opposite direction.
According to UNIRIGOM, the Draft Model Administrative Rules Technical Building Regulations (M-VV-TB) is not compliant with the freedom of movement of goods throughout the single European market (in consideration of the specific requirements foreseen); besides, its application could hamper the application of the principles of Circular Economy.
The main remarks of UNIRIGOM on the Draft Model Administrative Rules Technical Building Regulations are the following:
a) On the “Technical rule - Textile floorings”
The M-VV-TB would be banning materials of end-of-life tyres (ELTs) from use in accommodation areas, even though they comply with the maximum permissible values for textile floor coverings. UNIRIGOM believes that a general ban on a material reuse of ELTs in accommodation areas discriminates against a material without applying any verifiable criteria or in line with any other existing regulations. Therefore, the sentence “Textile floorings with components made of old tyres may not be used in accommodation areas” should be deleted.
b) On “Health protection requirements for physical structures”
The paragraph aims to ensure the safe use of accommodation areas. The measurement and limitation of the transfer of substances in indoor air is the most adequate strategy to achieve this. The different provisions for PAH and the limitation of the total content in a construction product is an inappropriate tool for determining the emission behaviour and ensure the lack of any health concerns. This is all the truer as the test conditions applied in AfPS GS 2014.01 stipulates that the material must be dissolved in boiling solvent (toluene), which does not reflect the actual use of the products. Rather, this method represents an extreme case that is not practically relevant.
In particular the determination 2.3.1. of M-VV-TB on PAHs (“Analytical determination of PAHs is done according to the EPA (in line with AfPS GS 2014:01 PAK using an internal standard). The BaP [Biomass Action Plan] content as the lead compound is restricted to 5 mg/kg and to 50 mg/kg for PAHs.”) is not sufficiently clearly, since it is uncertain what is meant by “is done according to the EPA“, and what is meant by the “internal standard”, which is not specified in any greater detail.
Moreover the paragraph suggests that, by way of derogation from the European regulations on chemical substances (1907/2006/EC, Annex XVII, entry 50, column 1) the summary limit is not intended to apply to 8, but to 16 (EPA) PAHs. There is no reason to go beyond the European regulatory framework.
The aforementioned findings show that, to prevent any discrimination against construction products potentially made of ELTs, the clause 2.3.1 on PAHs should be deleted without substitution (carcinogenic substances are already regulated in clause 2.2.4).
c) General remark
In order to be able to meet the objectives of the Circular Economy and to apply its principles it is essential:
- to avoid the exclusion of products obtained by recycling of waste from the second product cycle without any reasonable motive (as, in this case, construction goods coming from treatment of ELTs);
- to ensure that they are tested if needed, by realistic test procedures in line with their potential applications.
Finally UNIRIGOM intends to emphasize that various studies, including one (“Dossier sulla sicurezza dei prodotti derivanti dal riciclo dei PFU”) recently published by Ecopneus in collaboration with the Institute for Pharmacological Research Mario Negri, prove, with their results, that there are no human health risk for both carcinogenic and non-carcinogenic effect due to exposition to the materials obtained from ELTs treatment.
Attached please see the contribution of the European Tyre and Rubber Manufactures Association
In the draft regulation types of input materials are restricted and extremely detailed rules for the processing of C&D Waste to aggregates (e.g. clauses 4.2.1, 5.2.1, 6.1.1 to 10.1.1) these restrictions do not contribute directly to aspects of the safety of a Building itself. They impact the manufacturer´s process unnecessarily. It is self-explaining that the running of a recycling plant depends on its permission details. These are not relevant here. Only the resulting construction product RECYCLED AGGREGATE and it´s resulting (environmental) properties are of interest for the building.
The specifications for Recycled Aggregates made in the MVV TB should clearly be stated as valid only for a transitional period until (mandated) European assessment methods for Recycled aggregates are available and implemented.
The Draft Model Administrative Rules – Technical Building
Regulations [M-VV TB] contain numerous additional national rules for construction products which are actually subject to harmonized European standards.
Example: Masonry mortar according to EN 998-2
On page 28 reference to "DIN V 18580:2007-03 - Mauermörtel mit besonderen Eigenschaften" is made. This German standard defines additional requirements for masonry mortar according to EN 998-2 and requires that masonry mortar is marked with "Ü" in addition to the CE mark.
In the same context "DIN V 20000-412:2004-03 - Anwendung von Bauprodukten in Bauwerken Teil 412: Regeln für die Verwendung von Mauermörtel nach DIN EN 998-2:2003-09" is cited. DIN V 20000-412 lays down that masonry mortar not carrying the Ü-mark (in addition to the CE mark) must be downgraded to the next lower compressive strength class which in turn leads to a complete inefficiency. The outcome of this is that only mortar marked with CE and Ü can be used in Germany.
The M-VV TB confirms this approach and is therefore not consistent with the decision of the European Court of Justice (C-100/13 dated 16 October, 2014).