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Decree of the Prime Minister to lay down the conditions for use of innovative products in the construction, rehabilitation, maintenance of roads*

DECREE No.  2016/0848/PM of 20 April 2016.

THE PRIME MINISTER, HEAD OF GOVERNMENT, HEREBY DECREES AS FOLLOWS:

CHAPTER I
GENERAL PROVISIONS

Article 1. This decree shall lay down the conditions for use of innovative products in the construction, rehabilitation and maintenance of roads.

Article 2. For the purposes of this decree, the following definitions shall apply:

-         innovative products: soil stabilization products or cold pavement coating, approved by the Ministry in charge of roads, used in the construction, rehabilitation or maintenance of roads, in addition to or in substitution of conventional materials due to their economic viability or their physical-mechanical performance;

-        soil stabilization product: binders which, added to the soil, substantially improve its physical-mechanical characteristics;

-        cold coating materials: products used for cold pavement tarring;

-        compliance certification of a product: procedure to certify and issue a written assurance that the product meets the requirements and specifications prescribed by the standard;

-        approval of a product: administrative decision which authorizes the use of a product, on the basis of a compliance certificate, within the context of a specific application.

Article 3.  The following shall be concerned with this decree: all innovative products whose quality and compliance have been certified by the National Agency for Standards and Quality and approved by the Ministry in charge of roads, according to the conditions laid down article 5 below.

CHAPTER II

APPROVAL AND REMEDIES
TO THE USE OF INNOVATIVE PRODUCTS

Article 4. (1) Only innovative products that have been approved by the Minister in charge of roads, according to the regulations in force shall be authorized.

(2) The issuance of the approval shall be subject to the satisfactory conclusion of a certification of compliance of the product and trials performed by the National Civil Engineering Laboratory

(3) The approval procedures shall be defined by order of the Minister in charge of roads.

Article 5. The product compliance certification period cannot exceed two (2) months from the date of receipt of the complete technical file.

Article 6. (1) The response to a request for approval must be made within a maximum deadline of four (4) months, including those required for the notification of the technical opinion of the National Civil Engineering Laboratory.

(2) In case of non-compliance with the deadlines indicated above, an appeal may be addressed by the promoter of the product concerned to the Prime Minister, Head of Government.

Article 7. (1) The use of innovative products is a technological alternative to be considered when technically feasible, economically profitable and compliant with environmental standards, particularly in executing the following works:

-        maintenance and rehabilitation of roads;

-        construction of roads or new works.

(2) The use or non-use of licensed innovative products or at a category thereof shall be determined by the results of the study prior to the completion of the projects concerned, carried out or commissioned by the client.

In any event, the innovative product(s) to be retained by the project owner shall be those resulting from such studies.


CHAPTER III
USE OF INNOVATIVE PRODUCTS

Article 8. The Minister in charge of roads shall draw up the list of approved innovative products including the names of their promoters and develop guidelines on the technical specifications and implementation processes of each product to be included in tender documents and signed contracts.

Article 9.  A promoter of innovative products shall ensure the continuous supply of the local market of their product and their availability on the national territory under the conditions laid down jointly by the Ministers in charge of trade and roads respectively.

Article 10. In collaboration with the relevant administrations, the Public Contracts Regulatory Agency shall develop special model tender files for use of the products in roadworks.

Article 11. The Minister in charge of trade, in collaboration with the Minister in charge of roads, shall approve prices for innovative products to be inserted in the market price list.

Article 12. The Minister in charge of planning shall, in collaboration with other relevant public administrations, ensure the integration of innovative products into the national development strategy and sectoral strategies.


CHAPTER IV
TRAINING OF ACTORS ON THE USE OF INNOVATIVE PRODUCTS


Article 13. (1) The minister in charge of roads shall ensure the training of contractors, engineering firms and sector administrations in the use of these materials. As such, it shall develop a plan for training and upgrading of all stakeholders in the road sector.

(2) The promoters of innovative products shall ensure the transfer of technology to actors in the road sector.

Article14. The Minister in charge of roads shall approve for each product, a practical guide to implementation proposed by its promoter, after the technical opinion of the National Civil Engineering Laboratory.

CHAPTER V
SUNDRY AND FINAL

Article 15. The minister in charge of roads shall forward to the Prime Minister, Head of Government, an annual report on the general situation of innovative products.

Article 16. A monitoring and evaluation committee of the use of innovative products shall be created by decision of the Minister in charge of roads.

Article 17. This decree shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French.


Yaounde, 19 April 2016
signed: Philemon YANG  

                                                                                      Prime Minister, Head of Government

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