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PBB AND THE CONSTRUCTION PRODUCT DIRECTIVE
PeBBu Generic Task 1 Final Report
PeBBu Task
ACCEPTED BY THE PEBBU THEMATIC NETWORK STEERING TH COMMITTEE ON 4 AUGUST 2003. THE AIM IS TO DEVELOP A NEW CROSS-CUTTING ACTIVITY ON THE INTEGRATION OF THE KNOWLEDGE OF THE CONSTRUCTION PRODUCTS DIRECTIVE INTO THE WORK OF THE VARIOUS DOMAINS AND TASKS OF PEBBU.
Support on the CPD: Performance based building and the Construction Products Directive Eric Winnepenninckx, Luk Vandaele, Piet Vitse Belgian Building Research Institute Development & Innovation CPD Supporting document
(Final)
2005-08-19 2 Performance Based Building and the Construction Products Directive
Performance Based Building and the Construction Products Directive 3
Contents
1. INTRODUCTION...... 7
2. EUROPEAN UNION LEGISLATION...... 10
2.1 HISTORY OF THE EUROPEAN UNION...... 10 2.2 THE SINGLE MARKET ...... 11 2.3 MUTUAL RECOGNITION ...... 11 2.4 INSTRUMENTS OF EUROPEAN LEGISLATION ...... 12 2.5 THE NEW APPROACH ...... 13 2.6 EXTERNAL ASPECTS OF THE INTERNAL MARKET ...... 14 3. PARTICULARITIES OF THE CPD...... 16
3.1 PLACING ON THE MARKET AND PUTTING INTO SERVICE ...... 16 3.2 ESSENTIAL REQUIREMENTS ...... 16 3.3 FREE MOVEMENT ...... 16 3.4 PRESUMPTION OF CONFORMITY...... 17 3.5 CONFORMITY ASSESSMENT (ATTESTATION OF CONFORMITY) ...... 17 3.6 CE MARKING...... 17 3.7 TRANSPOSITION AND TRANSITIONAL ARRANGEMENTS...... 18 3.8 OTHER RELEVANT DIRECTIVES NOT REQUIRING CE MARKING ...... 18 4. THE CONSTRUCTION PRODUCTS DIRECTIVE...... 21
4.1 PURPOSE AND SCOPE ...... 21 4.2 THE OBLIGATIONS AND RIGHTS OF MEMBER STATES ...... 21 4.3 THE ESSENTIAL REQUIREMENTS AND THE INTERPRETATIVE DOCUMENTS...... 22 4.4 EUROPEAN TECHNICAL SPECIFICATIONS ...... 23 4.5 SPECIAL PROCEDURES FOR CERTAIN PRODUCTS OF LOWER SAFETY RELEVANCE ...... 23 4.6 ATTESTATION OF CONFORMITY ...... 23 4.7 IMPLEMENTATION OF THE CPD IN NATIONAL LEGISLATION ...... 24 4.8 SAFEGUARD CLAUSES...... 24 5. INTERPRETATIVE DOCUMENTS...... 26
5.1 GENERAL ...... 26 5.2 CLASSES OF PERFORMANCE...... 26 5.3 WORKING LIFE...... 27 6. EC GUIDANCE PAPERS ...... 28
6.1 GENERAL ...... 28 6.2 A – THE DESIGNATION OF NOTIFIED BODIES IN THE FIELD OF THE CPD...... 28 6.3 B - THE DEFINITION OF FPC IN TECHNICAL SPECIFICATIONS FOR CONSTRUCTION PRODUCTS . 28 6.4 C – THE TREATMENT OF KITS AND SYSTEMS UNDER THE CPD ...... 29 6.5 D - CE MARKING UNDER THE CPD ...... 29 6.6 E – LEVELS AND CLASSES IN THE CPD ...... 30
4 Performance Based Building and the Construction Products Directive
6.7 F – DURABILITY AND THE CPD ...... 30 6.8 G – THE EUROPEAN CLASSIFICATION SYSTEM FOR REACTION TO FIRE PERFORMANCE OF CONSTRUCTION PRODUCTS...... 31 6.9 H - A HARMONIZED APPROACH RELATING TO DANGEROUS SUBSTANCES UNDER THE CPD ..... 31 6.10 I – THE APPLICATION OF ARTICLE 4(4) OF THE CPD...... 32 6.11 J – TRANSITIONAL ARRANGEMENTS UNDER THE CPD ...... 32 6.12 K – THE ATTESTATION OF CONFORMITY SYSTEMS AND THE ROLE AND TASKS OF THE NOTIFIED BODIES IN THE FIELD OF THE CPD ...... 32 6.13 L – APPLICATION AND USE OF EUROCODES...... 33 6.14 M – INITIAL TYPE TESTING AND FACTORY PRODUCTION CONTROL ...... 33 7. TECHNICAL SPECIFICATIONS...... 36
7.1 GENERAL ...... 36 7.2 EUROPEAN STANDARDS...... 36 7.3 EUROPEAN TECHNICAL APPROVALS...... 38 7.4 COMBINING EU DIRECTIVES ...... 40 8. ATTESTATION OF CONFORMITY ...... 41
8.1 GENERAL AND ELEMENTS FOR ATTESTATION OF CONFORMITY ...... 41 8.2 SYSTEMS FOR ATTESTATION OF CONFORMITY...... 41 8.3 INITIAL TYPE TESTING...... 42 8.4 FACTORY PRODUCTION CONTROL ...... 42 8.5 NOTIFIED BODIES...... 43 8.6 NOTIFICATION...... 43 8.7 NANDO...... 43 8.8 GROUP OF NOTIFIED BODIES...... 44 8.9 ACCREDITATION ...... 46 8.10 CEN/CLC/TC1 AND ISO CASCO...... 46 8.11 ENHANCING THE IMPLEMENTATION OF THE NEW APPROACH...... 47 9. EC DECLARATION OF CONFORMITY, EC CERTIFICATE AND CE-MARKING UNDER THE CPD...... 49
9.1 EC DECLARATION OF CONFORMITY...... 49 9.2 CE CERTIFICATE OF CONFORMITY ...... 49 9.3 CE MARKING...... 49 9.4 INFORMATION ACCOMPANYING THE CE MARKING ...... 50 9.5 ENHANCING THE IMPLEMENTATION OF THE NEW APPROACH...... 51 9.6 MANUFACTURERS, AUTHORISED REPRESENTATIVES, IMPORTERS AND DISTRIBUTORS ...... 51 10. MARKET SURVEILLANCE ...... 53
10.1 GENERAL ...... 53 10.2 MARKET SURVEILLANCE AUTHORITIES...... 53 10.3 SUBSIDIARITY PRINCIPLE...... 53 10.4 ADMINISTRATIVE CO-OPERATION ...... 54 10.5 ENHANCING THE IMPLEMENTATION OF THE NEW APPROACH...... 54
Performance Based Building and the Construction Products Directive 5 11. THE STANDING COMMITTEE FOR CONSTRUCTION ...... 56
11.1 THE COMMITTEE...... 56 11.2 INTERPRETING THE DIRECTIVE ...... 56 11.3 CONSTRUCTION WORKING GROUPS AND CONSULTANTS ...... 59 12. VOLUNTARY INITIATIVES ...... 64
12.1 THE MEANING OF CE MARKING ...... 64 12.2 EUROPEAN VOLUNTARY INITIATIVES ...... 65 13. CPD AS A SUPPORT FOR WORKS’ SPECIFICATIONS ...... 70
13.1 INTRODUCTION ...... 70 13.2 STABILITY OF WORKS AND SAFETY IN USE...... 70 13.3 SAFETY IN CASE OF FIRE ...... 70 13.4 HEALTH AND THE ENVIRONMENT...... 70 13.5 PROTECTION AGAINST NOISE...... 73 13.6 ENERGY PERFORMANCE OF BUILDINGS ...... 73 14. PUBLIC PROCUREMENT...... 75
14.1 INTRODUCTION ...... 75 14.2 MAIN CHANGES ...... 75 14.3 CHANGES RELATED TO SPECIFICATIONS AND CONFORMITY ASSESSMENT ...... 76 14.4 PERFORMANCE BASED SOLUTIONS ...... 76 15. CONFORMITY ATTESTATION WITH WORKS’ SPECIFICATIONS ...... 78
16. CPD AND THE PEBBU PROJECT...... 79
16.1 INTRODUCTION ...... 79 16.2 ESTABLISHMENT OF SUPPORT FOR THE PEBBU DOMAINS AND QUESTIONNAIRE ...... 79 16.3 RELATIONSHIP CPD - PEBBU ...... 82
6 Performance Based Building and the Construction Products Directive
Performance Based Building and the Construction Products Directive 7
1. INTRODUCTION
During the period 1998-2000, CIB, the International Council for Research and Innovation in Building and Construction - initiated and commissioned various international programmes and R&D projects related to Performance Based Building. Based on the achievements of those projects CIB proposed in 2000 the establishment of the Thematic Network PeBBu Performance Based Building. This Network is to elaborate on the activities carried out by CIB, its commissions and its members since it adopted Performance Based Building as a Priority Theme in the CIB Pro- Active Approach in 1998. The European Commission decided to fund the PeBBu Network through a Network subsidy within the Growth Programme that is part of the 5th Framework Research Programme, with a start date of 1 October, 2001 and run for 4-years until 30 September 2005.
The objectives of the PeBBu Network are stimulation and pro-active facilitation of international dissemination and implementation of Performance Based Building in building and construction practice. It has been acknowledged that the Construction Products Directive (89/106/EEC – CPD) should be a basic element in PeBBu work and therefore, the introduction of the CPD is considered to be a horizontal task in PeBBu.
The Steering Committee of the PeBBu Thematic Network decided on 4th August 2003 to develop a new cross-cutting activity on the integration of the knowledge of the Construction Products Directive into the work of the various domains and tasks of PeBBu.
This document is intended as an informal but comprehensive and systematic guide to assist in understanding the implementation of the Construction Products Directive. It is not to be considered as a legal interpretation of the Directives covered and the writers accept no responsibility or liability whatsoever with regard to the information contained.
Only the text of the legal documents referred to is authentic in law. The interpretation of Community law is ultimately the responsibility and privilege of the European Court of Justice. The analysis set out in this document does not in any way preclude a different interpretation by the European Court of Justice in a particular case.
The implementation of the Construction Products Directive is the European Commission's responsibility and interpretation may evolve over time.
OBJECTIVE I The first objective of this activity was to provide basic info on the CPD to the PeBBu domains and tasks and to receive and incorporate feedback in a final report that aims at linking PeBBU with the CPD. More broadly, part A of this document can be used to widely inform people about the CPD. The Construction Products Directive (CPD - 89/106/CEE) defines six essential requirements for construction works, which are detailed in interpretative documents. Starting from those essential requirements for works, the European Commission, after consultation of the Member States of the European Economic Area (EEA), specifies the regulated characteristics for construction products and kits in mandates to the European Standardisation Committee (CEN) and the European Organisation for Technical Approval (EOTA) to develop harmonised technical product specifications, i.e. harmonised European standards or European Technical Approvals, for the performance assessment of the building products.
8 Performance Based Building and the Construction Products Directive The EC New Approach directives in general and the CPD specifically introduce a mandatory system of conformity attestation throughout the construction products sector. For some parts of the industry, CE Marking is not really new, due to other existing EU Directives, but the CPD has important particularities.
Thanks to the CPD, the way technical product specifications are being written has changed. It is expected that the CPD technical specifications should be a driving tool towards performance based works specifications and regulations in a very large part of geographical Europe.
Objective I: To inform PeBBu domains about the CPD. This objective has been achieved through Part A of this document. PeBBu Members are thanked for their helpful contributions, improving the document as the project progressed.
OBJECTIVE II Although the CPD starts from the 6 essential requirements for works, it leads to product conformity attestation only. It does not provide the link between the performance based approach used in product specifications and a performance based approach for works. Therefore, in Objective II, this project examined how such a link is being or could be established.
Attention has been given to the European voluntary product assessment systems, which exist for many years in most European countries, and are expected to remain in place, although their scope might be very different, as far as they are not in conflict with the CPD and if there is a market driven demand.
At the moment, the CPD is at the end of its first phase, with the first generation of harmonised technical specifications becoming available and being used in the construction sector. The activity explored domains that the CPD does not cover for the time being and where supporting standardisation activities are on-going (e.g. dangerous substances, durability, life cycle analysis, environmental declarations, …).
Objective II: To examine the relationship between product conformity attestation (the CPD) and works having been installed using a performance based approach.
Performance Based Building and the Construction Products Directive 9
Part A – The Construction Products Directive (89/106/EEC)
10 Performance Based Building and the Construction Products Directive
2. EUROPEAN UNION LEGISLATION
2.1 History of the European Union
The French foreign minister Mr. Schuman presented in 1950 his proposal on the creation of an organized Europe, arguing that it was indispensable for maintaining peaceful relations. This proposal, known as the "Schuman declaration”, is considered to be the beginning of what is now the European Union.
The European Union grew out of the European Coal and Steel Community (ECSC), founded in 1951, by the six founding members: Belgium, France, Italy, Luxembourg, the Netherlands and West-Germany. These six members founded the European Economic Community (EEC) and the European Atomic Energy Community (EAEC). The purpose of the EEC was to establish a customs union, based on "four freedoms": freedom of movement of goods, services, capital and people. The EAEC was intended to pool the non-military nuclear resources of the states.
The EEC was by far the most important of the three communities, and was established by the Treaty of Rome (1957). At about that time (1960-61), the European Free Trade Association (EFTA), an alternative organization intended to establish a free trade area, not a customs union, included Austria, Denmark, Finland, Iceland, Ireland, Liechtenstein, Norway, Portugal, Sweden, Switzerland and the United Kingdom.
Denmark, Great Britain and Ireland joined the EEC in 1973. Greece joined the EEC in 1981, Portugal and Spain in 1986. The European Economic Area (EEA) agreement was signed by the then 12 EU Member States and the EFTA countries Austria, Finland, Iceland, Liechtenstein, Norway and Sweden in 1992. Switzerland, although EFTA Member, decided not to join the EEA.
The Treaty Concerning the European Union (EU) of 1992, otherwise known as the “Maastricht Treaty”, set forth the fundamental principles creating a Europe that was unified on both economic and monetary levels. The Maastricht Treaty also resulted in renaming the EEC the “European Community” (EC). Following the Treaty’s ratification in 1993, it is now referred to as the “European Union” (EU). In 1995 Austria, Finland and Sweden left EFTA to join the EEC. Liechtenstein became party to the EEA agreement in 1995. The Amsterdam Treaty (1997) made substantial changes to the Treaty on the European Union, signed at Maastricht.
After successfully growing from 6 to 15 members, the European Union encountered its biggest enlargement ever in terms of scope and diversity on 1 May 2004. Ten countries - Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic, and Slovenia joined the Union. Bulgaria and Romania hope to join the Union by 2007, while Turkey1 and Croatia are candidate Member States.
A large part of the existing European technical regulations also applies to Norway, Iceland and Liechtenstein. These three member states of the European Free Trade Association (EFTA), together with the member states of the EU signed a treaty to form the European Economic Area (EEA) and to remove trade barriers between them and promote the free movement of goods, persons, services and capital in Europe. Consequently, the EU Construction Products Directive applies to the 25 member states of the European Union and Norway, Iceland and Liechtenstein.
1 The EU and Turkey have established a Customs Union in 1995. As of 1999, Turkey is the EU's 7th biggest export destination and 13th biggest exporter to the EU.
Performance Based Building and the Construction Products Directive 11 Switzerland2, which is also a member of the EFTA, is not part of the EEA and is therefore seen as a “third country”. 2.2 The single market
Article 2 of the EEC Treaty sets the task of "promoting the harmonious development of economic activities, continuous and balanced expansion, increased stability, a rapid rise in living standards and closer relations between its Member States". This was to be accomplished by opening up borders to facilitate the free movement of individuals, goods and services and by promoting solidarity through common policies and common financial instruments.
However, the proliferation of technical standards only served to exacerbate the partitioning of markets in the early 1980s. Moreover, some Member States that were particularly badly hit by the recession which followed the oil crises of 1973 and 1980 took steps to protect their markets from growing international competition. In 1985, the Commission published a White Paper, which made it clear that there had been far too many delays, that too many barriers still stood in the way of the creation of the growth area that a market of over 380 million consumers could represent.
It is this White Paper that prompted the twelve Member States to sign the Single Act in February 1986, containing a blueprint and a timetable for adopting the measures that would be needed to create a single (or internal) market and to eliminate all barriers to trade. Examples of national measures hampering trade are: customs duties, taxes having an equivalent effect, quantitative trade restrictions and measures having equivalent effect, national monopolies, state aid and tax discrimination. The free movement of goods is formulated in article 28 of the Treaty of Rome: “Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States”. Article 29 says that quantitative restrictions on exports, and all measures having equivalent effect shall be prohibited between Member States, which have to abolish all quantitative restrictions on exports and any measures having equivalent effect.
However, article 30 allows for exceptions to the rule of quantitative trade restrictions on grounds of, amongst other things, public security and the protection of health and life of humans, animals and plants. Most of the national technical regulations are based on these grounds of public health, safety and security, and for a long time the member states called upon the exemption offered by article 30 to keep their national requirements in place. Consequently, manufacturers and importers were confronted with different technical requirements from the different Member States. This could mean that one product would have to be altered a few times in order to be able to be sold in the entire European market. Therefore, it is clear that these different national technical requirements constitute barriers to trade, and are contrary to the goals of the European Union.
2.3 Mutual Recognition
In 1979, the European Court of Justice established that a product (in this case, a French blackcurrant liqueur) sold lawfully in one member state may not be prohibited in another member state (Cassis de Dijon ruling). This ruling effectively reverses the burden of proof, by requiring a Member State, which does not want to accept such a product on its market, to demonstrate why compliance with the requirements of another Member State would not adequately protect its citizens. It thereby establishes the principle of the mutual recognition of laws and limits the possibilities to use the exemptions of article 30.
2 Since 1972, there is a Free Trade Agreement between Switzerland and the European Economic Community. In addition, there is an agreement between the EU and Switzerland in seven sectors (Free Movement of Persons, Trade in Agricultural Products, Public Procurement, Conformity Assessments, Air Transport, Transport by Road and Rail, Swiss Participation in the 5th Framework Programme for Research) which was ratified in all EU Member States in early 2002 and the seven agreements entered into force on 1st June 2002
12 Performance Based Building and the Construction Products Directive
Furthermore, the Court ruled that only in absence of Community rules in a certain area, state actions and measures to suppress unfair practices were allowed, based on the exceptions mentioned in article 30 of the EC Treaty. However, if there were Community rules formulated, the Member States could not longer uphold national measures that created or resulted in trade restrictions with reference to article 30. In other words, if there are Community regulations, directives or decisions prescribing technical requirements for certain products, these exceed the national rule, and – because they give rise to trade restrictions – this national rule would no longer be lawful.
The task to formulate EEC legislation to replace the different national laws and regulations is also adopted as an amendment to the Treaty of Rome. Since 1985, application of the principle of mutual recognition has enabled many directives relating to free movement of goods to be limited to setting generic "essential requirements" and conformity assessment procedures, leaving the definition of the details of technical solutions to industry, to be incorporated in non-mandatory harmonised standards.
In case no EU directives exist for the product under consideration, and for the CPD as long as no harmonised technical specifications apply, the application of the mutual recognition principle leads to the Member State of destination having to allow the placing on its market of a product lawfully manufactured and/or marketed in another Member State or Turkey, or lawfully manufactured in an EFTA state that is a contracting party to the Agreement on the EEA, provided that this product provides an equivalent level of protection of the various legitimate interests involved. The Member State of destination is allowed to verify the equivalence of the level of protection provided by the product, compared with the level provided by its own national rules. The recent Commission's interpretative communication regarding mutual recognition (2003/C 265/02), proposes practical tools to examine the equivalence of the level of protection.
2.4 Instruments of European legislation
Law made by the European Union institutions in exercising the powers conferred on them by the Treaties is referred to as secondary legislation. Secondary legislation consists of the legal acts listed and defined in Article 249 of the EU Treaty, i.e. regulations, directives, decisions, recommendations and opinions.
Regulations are legislative instruments of general application. They apply to abstract rather than individual situations. Regulations are binding in their entirety. This means that a Member State has no power to apply regulations incompletely or to apply only those provisions of which it approves. Regulations are also directly applicable. This means that regulations do not need to be transposed into national law by the respective Member States in order to take effect.
Directives are legislative instruments which reconcile the dual objective of both securing the necessary uniformity of European Union law and respecting the diversity of national traditions and structures. Directives are binding on Member States as to the result to be achieved, but leave it to the respective national authorities to decide how the European Union objective set out in the directive is to be incorporated into their domestic legal systems before a specified date. A directive does not acquire legal force and effect until the date for implementation of the directive has expired.
A decision is an individual act addressed to a specified person or persons. Decisions are binding only on those to whom they are addressed without any need for implementation into national law.
Performance Based Building and the Construction Products Directive 13 Recommendations3 and opinions are non-binding instruments of EU law. They are of persuasive value only. 2.5 The New Approach
Until 1985, the policy aimed at removing the barriers formed by the national technical regulations by attempting to harmonise technical product manufacturing specifications rather than by setting performance levels. This approach to harmonisation was rather slow for two reasons: - the legislation became highly technical, as it had the objective of meeting the individual requirements of each product category. - the adoption of technical harmonisation directives was based on unanimity in the Council.
On 7 May 1985, the Council adopted a Resolution on a "New Approach" to technical harmonisation and standards, providing a new framework for the harmonisation of national regulations for industrial products. The New Approach was devised to facilitate the achievement of the Internal Market and to develop flexible and technology-neutral legislation by moving from detailed product specific technical requirements to defining the essential requirements for types of products, thus promoting innovation and competitiveness.
This was complemented in 1989 by the Council Resolution on a "Global Approach" to conformity assessment, followed by two other Council Decisions setting out more detailed specifications on testing and certification procedures and providing guidelines for the use of the CE Marking, which are intended to be used in the harmonisation directives.
The main elements of the New Approach have been defined in the Council Resolution on a New Approach to technical harmonisation and standardisation: - The definition of mandatory essential requirements to ensure a high level of protection of the public interest at issue, such as health and safety. Essential requirements must be worded in terms that can be uniformly enforced by Member States. Furthermore, they must enable conformity assessment bodies to evaluate conformity of products with essential requirements and standardisation bodies to develop standards that ensure, partly or completely, the fulfilment of those essential requirements. - Manufacturers are free to choose any appropriate technical solution that meets the essential requirements. Products that comply with harmonised standards, references to which have been published in the Official Journal of the European Union, are presumed to meet the corresponding essential requirements. - The definition of appropriate conformity assessment procedures, taking into account, among other things, the type of risk related to the products. Where appropriate, these procedures require the intervention of third party conformity assessment bodies, known as notified bodies. - The introduction of the CE Marking, which symbolises the fact that the manufacturer has verified that the product conforms to all the harmonisation provisions that apply to it and that the product has been the subject of the applicable conformity assessment procedures. - The obligation on Member States to take all appropriate enforcement measures, including market surveillance, to ensure that non-conforming products are withdrawn from the market.
The Construction Products Directive (89/106/EEC - CPD) can be considered a special Directive under the New Approach, because it diverts with regard to some of the fundamental aspects of New and Global Approach directives mentioned above.
3 E.g. the council recommendation of 22 December 1986 on fire safety in existing hotels (86/666/EEC) and the recommendation regarding the use of the Eurocodes (see §11.3.4)
14 Performance Based Building and the Construction Products Directive On 10 November 2003, the Council of the European Parliament took a Resolution on the Communication of the European Commission on the enhancement of the implementation of the New Approach directives. This resolution activated the EC's Senior Officials Group on Standardisation and Conformity Assessment Policy (SOGS) to consider the issues the Council identified as needing to be enhanced. It is expected that draft proposals for enhancement will be available at the beginning of 2006.
The "New Approach" web site (http://www.newapproach.org) has been realised to increase the visibility of New Approach Standardisation in Europe and provides information on the standardisation process in the framework of the New Approach.
2.6 External Aspects of the Internal Market
2.6.1 Protocols to the Europe Agreements on Conformity Assessment and Acceptance of Industrial Products The Europe Agreements are the basic accords governing bilateral relations between the European Union and its Member States and each candidate country. Under the terms of the Europe Agreements, candidate countries for EU membership should approximate their legislation to that of the EU. In the field of industrial standards and conformity assessment, the Europe Agreements aim to achieve the candidate countries' full conformity with EU technical regulations and European standardisation and conformity assessment procedures. They also envisage the conclusion of agreements on mutual recognition in these fields.
The EU is therefore in the process of negotiating Protocols to the Europe Agreements on Conformity Assessment and Acceptance of Industrial Products (PECAs) with the candidate countries (Bulgaria, Croatia, Romania and Turkey).
PECAs create an enlarged internal market for products in certain industrial sectors prior to accession. As such, they are of great political and economic significance to the countries concerned. The PECAs represent recognition of progress made in adopting and implementing the relevant EC legislation on industrial products, and in creating the necessary administrative infrastructure. The PECAs are also important to the EU in extending the benefits of the internal market using a sectoral approach, on the basis of the sectors identified by the candidate countries.
2.6.2 Accession Partnerships Accession Partnerships are the key feature of the European Union's pre-accession strategy, together with pre-accession aid (the Phare Programme, agricultural support, structural support) and participation in Community programmes. They are based on Council Regulation 622/98 on assistance to applicant States in the framework of pre-accession strategy, and in particular on the establishment of Accession Partnerships.
Accession Partnerships have been drawn up for the candidate countries Bulgaria, Rumania and Turkey. They are specified in Council Decisions on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership. Bulgaria's and Rumania's most recent Accession Partnerships date back to 2002, while Turkey's was agreed upon in 2003.
The Accession Partnerships contain precise commitments on the part of the candidate countries relating in particular to democracy, macroeconomic stabilisation, industrial restructuring, nuclear safety and the adoption of the ‘acquis’, focusing on the priority areas identified in each of the Commission’s Opinions on the applications of the candidate countries for EU membership.
Performance Based Building and the Construction Products Directive 15 The Accession Partnerships cover the free movement of goods as short term priorities and demand candidate countries to address issues like: - Removal of technical and administrative barriers to trade. - Acceleration of alignment and application of European standards. - Ensuring free movement of goods in line with internal market legislation. - Implementation of certification and conformity assessment and CE marking in compliance with the new and global approach Directives; - Reinforcement of existing market surveillance and conformity-assessment structures with equipment and training and create compatible administrative infrastructure. - ensure an appropriate implementation of the new legislation on public procurement, - Complete work relating to mutual recognition and acquis alignment as regards non-harmonised areas (Articles 28, 29 and 30 of the EC Treaty and related legislative instruments).
For some countries, the Accession Partnership has already lead to the transposition of the Construction Products Directive into national legislation, respectively in 2001 for Bulgaria (under revision) and in 2004 for Turkey. The other candidate countries are working on transpositions.
With other countries, based on Council Regulation 533/2004, European Partnerships are being agreed upon. Such a Partnership exists for Bosnia and Herzegovina, while drafts have been established for Albania and Croatia.
A Stabilisation and Association Agreement (SAA) with Croatia was signed on 29 October 2001. An Interim Agreement on trade and trade-related provisions is in force since 1 March 2002. The SAA which entered into force on 1 January 2005 is the first comprehensive Agreement between the EU and Croatia and covers areas such as the four freedoms, with the creation of a free trade area by 2007 and approximation of Croatian legislation to the Community acquis, including precise rules in the fields of competition, intellectual property rights and public procurement.
2.6.3 Mutual Recognition Agreements The European Union in its relations with third countries endeavours to promote international trade. For regulated products, this is achieved through the conclusion of Mutual Recognition Agreements (MRAs) on the basis of Article 133 of the Treaty.
Mutual Recognition Agreements are established between the EU and the Government of third countries, which are on a comparable level of technical development and have a compatible approach concerning conformity assessment. These agreements are based on the mutual acceptance of test reports, certificates and marks of conformity issued by the conformity assessment bodies of one of the Parties of the Agreement in conformity with the legislation of the other Party. MRAs are sectoral agreements and, so far, none have been established for the construction products sector.
16 Performance Based Building and the Construction Products Directive
3. PARTICULARITIES OF THE CPD
3.1 Placing on the market and putting into service
Member States are obliged to take the necessary measures to ensure that products are placed on the market and put into service, only if they do not endanger the safety and health of persons, or other public interests covered by the relevant directive, when properly installed, maintained and used for the intended purposes. This entails an obligation for market surveillance on the part of the Member States.
For Construction products this standard element of New Approach means that they may only be placed on the market if they are fit for their intended use, i.e. they have such characteristics that the works in which they are incorporated satisfy the essential requirements with regard to mechanical resistance and stability, safety in case of fire, hygiene, health and the environment, safety in use, protection against noise and energy saving and heat retention.
In general, the essential requirements shall be satisfied for an economically reasonable working life, and shall assume that any stress exerted on the works has a foreseeable nature. The CPD does not consider "putting into service". 3.2 Essential requirements
Essential requirements are set out in the annexes to the directives, and include all that is necessary to achieve the objective of the directive. Products may be placed on the market and put into service only if they are in compliance with the essential requirements.
New Approach directives are generally designed to cover all typical risks related to public interest that the directive intents to protect. Thus compliance with EU legislation often requires simultaneous application of several New Approach directives and, possibly, other EU legislation. Furthermore, some elements may have been left outside the scope of applicable EU legislation. This allows Member States to draw up national legislation, in accordance with articles 28 and 30 of the Treaty.
Contrary to other New Approach directives which establish essential requirements applicable to those products within their scope, the essential requirements as defined in the CPD do not directly concern construction products, but the final result of the construction action, i.e. the works as a whole.
3.3 Free movement
Member States must presume that products bearing CE Marking comply with all provisions of the applicable directives providing for its affixing. Accordingly, Member States may not prohibit, restrict or impede the placing on the market and putting into service in their territory of products bearing CE Marking, unless the provisions relating to CE Marking are incorrectly applied.
In the terms of the CPD this means that Member States shall presume that the products are fit for their intended use if they enable the works in which they are employed to satisfy the essential requirements of the directive where such products bear the CE Marking indicating that they satisfy all the provisions of this directive, including the procedures for conformity assessment.
Performance Based Building and the Construction Products Directive 17
3.4 Presumption of conformity
Products that comply with national standards transposing harmonised standards, the references of which have been published in the Official Journal of the European Union, are presumed to comply with the corresponding essential requirements. Where the manufacturer has not applied, or has only partially applied such a standard, he must document the measures taken and their adequacy in order to comply with the essential requirements.
With regard to this fundamental element the CPD differs from the other New Approach directives. In order to specify the essential requirements applicable to construction works, and to establish a correlation with the fitness for use of construction products, the CPD provides for the drawing up of interpretative documents. The purpose of these documents is to establish links between the essential requirements (with classes or levels being indicated for each requirement) and the mandates for technical specification writers (CEN and EOTA), in order to characterise the products, and thus facilitate correct application of the directive.
For the purpose of the CPD, the technical specifications are: - the harmonised European standards adopted by CEN (or CENELEC), based on mandates given by the European Commission; - European technical approvals (ETAs) granted to those products for which no harmonised or recognised national standards exist, or when the Commission considers that a standard could not, or not yet, be established (e.g. innovative products) or for those products significantly deviating from harmonised standards. One could argue that the ETA-route corresponds with normal New Approach directives, for those products that do not comply with harmonised standards.
3.5 Conformity assessment (attestation of conformity)
Before placing a product on the EU market, the manufacturer must subject his product to conformity assessment procedures provided for in the applicable directive, before affixing the CE Marking. Third party conformity assessment is carried out by notified bodies, which have been designated by the Member States amongst bodies that fulfil the requirements, laid down in the directive and that are established on their territory.
Annex III of the CPD on attestation of conformity connects the conformity assessment methods, the systems of conformity attestation and the bodies involved in the attestation of conformity. These systems are different from the modules used in other "New Approach" Directives.
3.6 CE Marking
Products in compliance with all provisions of the applicable directive(-s) providing for the CE Marking must bear the CE Marking. Thus, the CE Marking indicates, in particular, that the products comply with the essential requirements of all applicable directives and that the products have been subject to a conformity assessment procedure provided for in the directive. Furthermore, Member States are obliged to take appropriate measures to protect the CE Marking.
In the CPD the CE Marking signifies: - that the products comply with the relevant national standards transposing the harmonised standards, the references of which have been cited in the Official Journal of the European Union (OJE), or - that they comply with a European technical approval, delivered according to the procedures of Chapter III of the CPD and to the common procedural rules set out in the Decision of the Commission adopted in 1994, or - that they comply with national technical specifications which, under the procedure
18 Performance Based Building and the Construction Products Directive provided for in Article 4(3) of the CPD, benefit from the presumption of conformity with the essential requirements for works in as much harmonised standards do not exist. Member States shall publish the reference of these national technical specifications. The European Commission also publishes them in the Official Journal.
3.7 Transposition and transitional arrangements
Member States are required to transpose the provisions of the directives into their national legislation. They must also inform the Commission of the measures taken. Member States must permit the placing on the market of products in compliance with regulations in force in their territory at the date of application of the directive in question, until the date as set up by the directive. Under certain restrictions, such products must also be permitted to be put into service beyond that date.
The CPD does not foresee a date of application. Under the CPD, it is the availability of the harmonised standards, or the ETA-guidelines, and their citation in the Official Journal of the European Union (OJEU), which triggers the application of the CPD for a product or product family. 3.8 Other relevant directives not requiring CE Marking
Besides the New Approach directives there are other directives that play an important role in the system of European product legislation. These directives are referred to here, as horizontal directives because they apply not to specific product groups, but to products in general. 3.8.1 The General product safety directive (2001/95/EC) The general product safety directive (92/59/EEC - GPSD) was adopted in 1992. It has been applicable since June 1994 and has been transposed into national legislation in all the EU Member States. Recently the European Parliament and the Council have adopted a new Directive (2001/95/EC) on the same subject, replacing the previous one since 15 January 2004.
The general product safety directive aims to ensure that consumer products placed on the market do not present a risk under normal conditions of use. It requires producers to place only safe products on the market, and to inform about risks. It also obliges Member States to survey products on the market, and to inform the Commission about actions taken through either a safeguard clause procedure or the information system for grave and immediate risks.
The general product safety directive covers new, used and reconditioned products intended for consumers or likely to be used by consumers, supplied in the course of commercial activity. Article 2 of the directive limits the applicability of the safety requirements of the directive only to those products for which safety provisions of EU law (e.g. other directives) are not available.
As the Construction Products Directives sets up safety provisions for construction products, the Directive on General Product Safety is assumed not to be applicable to construction products concerning the essential requirements for protection of health and safety of users of works. The GPSD may apply as far as market surveillance aspects are concerned. The protection of health and safety of workers is not within the scope of the CPD. 3.8.2 The Product liability directive (85/374/EEC) The objective of the product liability directive (85/374/EEC) is to approximate the laws of the Member States concerning liability for products in order to ensure a high level of consumer protection against damage caused to health or property by a defective products and at the same time to reduce the disparities between national liability laws which distort competition and restrict the free movement of goods.
Performance Based Building and the Construction Products Directive 19 The product liability directive is applicable to all products covered by New Approach directives and therefore also to the CPD. It forces suppliers to make safe products in order to avoid the costs that liability places on him for defective products. Subsequently, New Approach directives and the product liability directive are complementary elements in ensuring an adequate level of protection.
The fundamental rule of the Product liability directive is that the producer is liable for damages to individuals or property, caused by a defect in his product.
Manufacturers of a finished product or a component part of a finished product, producer of any raw material, any person who presents himself as a manufacturer (e.g. by affixing a trade mark) and importers placing products on the single market from third countries are all considered to be producers according to the product liability directive. If the producer cannot be identified, each supplier of the product becomes liable, unless he informs the injured person within a reasonable time of the identity of the producer, or of the person who supplied him with the product. When several persons are liable for the same damage, they are all liable jointly and severally.
The product liability directive does not require Member States to repeal any other legislation on liability. In this respect, the directive’s regime is added to the existing national rules on liability. It is up to victim to choose on what grounds to file actions. 3.8.3 The Information Directive (98/34/EC) New barriers to trade, which result from the adoption of diverging national technical standards and regulations, can be prevented through a procedure laid down by the directive 98/34/EC4. Member States are obliged to notify draft technical regulations and standards to the Commission and other Member States. During a standstill period these may not be adopted, which leaves the Commission and the other Member States the possibility to react. In the absence of reactions within the standstill period, the draft regulations and standards may be adopted. The standstill period is usually three months, but twelve months if a directive is underway. The directive 98/34/EC also gives the Commission the possibility of inviting, after consultation of the Member States, the European standards organisations to elaborate European standards.
The TRIS website (http://europa.eu.int/comm/enterprise/tris/) was developed to allow anybody who is interested in accessing information concerning the 98/34 procedure. 3.8.4 Directives on Public Procurement Public procurement is subject to EU and international rules. These rules impose on purchasers of the public sector the respect of transparent open procedures ensuring equitable conditions of competition for the interested suppliers. The opening of public procurement to competition makes it possible to obtain an effective allocation of public money by ensuring the best possible results in terms of both quality and cost, while making it possible for companies to benefit fully from the advantages of the Single Market.
For the construction sector the following three directives are of special importance: - Directive 92/50/EEC - Coordination of procedures for the award of public service contracts - Directive 93/36/EEC - Coordination of procedures for the award of public supply contracts - Directive 93/37/EEC - Coordination of procedures for the award of public works contracts
Through these directives all public entities are requested to call for tenders European wide if the estimated amount of the procurement will supersede a threshold amount specified in the directives.
4 Amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998
20 Performance Based Building and the Construction Products Directive The directives prescribe also the procedures for publishing the tenders and decisions for procurement.
When describing the service, supply or work, the tendering entity shall use for this purpose European Standards or European Technical Approvals. Only when these are not available or e.g. because they do not include any provision for establishing conformity or because use of these standards, European technical approvals or common technical specifications would oblige the contracting authority to acquire products or materials incompatible with equipment already in use or would entail disproportionate costs or disproportionate technical difficulties, can other technical documents be used. This requirement by the Directives for Public procurements underlines the importance of European Standards and European Technical Approvals, drafted in accordance with the CPD.
In 2000, the European Commission issued a proposal for a directive on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts, combining the above. This proposal lead to the publication of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. (see §14). The EU Member States are expected to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 January 2006.
Performance Based Building and the Construction Products Directive 21
4. THE CONSTRUCTION PRODUCTS DIRECTIVE
4.1 Purpose and scope
The Construction Products Directive 89/106/EEC of 21 December 1988, amended by Directive 93/68/EEC of 22 July 1993 and Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 has the purpose of eliminating technical barriers to trade for construction products. This goal is being achieved by requesting Member States to take all necessary measures that only products, which are fit for the intended use, may be put on the market. In addition, products which are considered fit for their intended use in one Member State, must also be allowed to be used in the other Member States. The main scope of the directive is abolishing unjustified technical barriers in the free movement of Construction products.
Fit for the intended use means, that the products have such characteristics that the works in which they are to be incorporated, assembled, applied or installed, can, if properly designed and built, satisfy the essential requirements, referred to in Article 3 of the CPD, when and where such works are subject to regulations containing such requirements.
For the purpose of the CPD “construction product” means any product, which is produced, for incorporation in a permanent manner in construction works including both buildings and civil engineering. Construction products also include installations and parts therefore heating, air conditioning, ventilation, sanitary purposes, electrical supply and storage of substances harmful to the environment, as well as prefabricated construction works which are marketed as such, for example prefabricated houses, prefabricated garages and silos.
Further to this the Commission has issued a Guidance Paper C, covering the treatment of kits and systems under the CPD. A construction product is a “kit“, when it is a set of at least two separate components that need to be put together to be installed permanently in the works. There it becomes an “assembled system“. A kit is a construction product, an assembled system is not.
Construction products which conform to a harmonised European standard or European Technical Approval according to the CPD and which bear the CE-marking, shall be presumed fit for the intended use.
4.2 The obligations and rights of Member States
According to article 6.1 of the Construction Products Directive, Member States are not permitted to hinder the free movement and use of construction products if these meet the requirements of the CPD.
Member States are still responsible for ensuring that building and civil engineering works on their territory are designed and executed in a way that does not endanger the safety of persons, domestic animals and property and the fulfilment of the other essential requirements in the interest of public wellness. They may have different levels of protection or different climatic conditions. Regulations for works to fulfil these safety requirements are still the national competence of Member States.
When implementing the CPD in national legislation these aspects have to be taken into account. The national law implementing the CPD has to ensure the free movement and placing on the market of CE marked construction products. The national Law shall also ensure that such products
22 Performance Based Building and the Construction Products Directive for the purpose for which they are intended, shall not be impeded by rules or conditions imposed by public bodies and similar bodies. This might mean, that existing national regulations for use of construction products, e.g. design or installation provisions have to be amended to allow for the use of CE marked products taking account of the levels or classes of product characteristics. To enable Member States to still have levels of protection justified under the EU legislation, the CPD provides for the introduction of classes of product performances or characteristics in the harmonised European specifications.
Member States have the obligation to ensure that only products that are fit for the intended use(-s) are placed on the market and that products that fall under the scope of the CPD, but which do not fulfil the requirements of the CPD, are withdrawn from the market.
When specifying mandates to CEN and/or EOTA, the European Commission and Member States declare the product characteristics that the specifications must cover, i.e. those characteristics that are regulated in their countries for the product(-s) under consideration. However, due to harmonisation, it is likely that the performance expression (classes, levels, declared values, …) in the resulting technical product specifications is not the same as specified in the Member States' regulations. So, in addition to the above, Member States must ensure that their regulations are adapted to the harmonised technical product specifications. 4.3 The Essential Requirements and the Interpretative Documents
While in other new approach directives the essential requirements are directed to the products themselves, the CPD relates the essential requirements to the works. To achieve works that fulfil the essential requirements in use, the products must be fit for the intended use.
The essential requirements for the works are given in annex I of the CPD. These are: - Mechanical resistance and stability - Safety in case of fire - Hygiene, health and the environment - Safety in use - Protection against noise - Energy economy and heat retention
All these requirements must be satisfied, subject to normal maintenance of the works, for an economically reasonable working life, i.e. durability of the performance characteristics is a precondition.
From these essential requirements for the works the necessary characteristics for products to be fit for the intended use are derived. This link between essential requirements and the mandates leading to the technical specifications for products is established through the Interpretative Documents (article 12 of the CPD).
The Interpretative Documents: - give concrete forms to the essential requirements and detail them, e.g. by indicating classes and levels; - indicate the correlation between requirements to works and the product characteristics; - lay down the product characteristics and their classes if any that shall be taken into account in the product specifications. The Commission published the Interpretative Documents in the Official Journal of the European Union in 1995.
The safety of workers erecting works is not covered by the CPD, other directives or national
Performance Based Building and the Construction Products Directive 23 regulations apply to this issue.
4.4 European Technical Specifications
According the CPD, European Technical Specifications are European Product Standards, adopted by CEN under a mandate of the Commission (harmonised standards) and European Technical Approvals issued by a member body of EOTA5.
Harmonised standards are produced by CEN/CENELEC. Whether for a product a standard or a European Technical Approval is to be issued will be decided by the Commission taking into account the conditions given in article 8 of the CPD.
Member States shall presume that construction products are fit for the intended use, if the products comply with the requirements of the relevant harmonised European standards or a European Technical Approval.
4.5 Special procedures for certain products of lower safety relevance
Article 4(4) of the CPD states that manufacturers of products with a lower relevance to health and safety may prove the product's fitness for use, not through a European standard or an ETA, but through initial type testing by an approved body. In this case neither product-certification nor certification of the factory production control is required. This procedure may be applied where a producer has not or only in parts applied an existing European Technical Specification (see §6.10).
Article 4(5) deals with construction products that play a minor part in respect to health and safety. If these products comply with the “acknowledged rules of technology“, the manufacturer, in accordance with the CPD, may place them on the market without any special procedure through a declaration of conformity. The Commission, in consultation with the Standing Committee for Construction, should establish a list of these products. The products listed by the Commission according to article 4(5) are not permitted to be marked with the CE-marking. For the time being a list in accordance with article 4(5) does not exist.
4.6 Attestation of conformity
The most important precondition for affixing the CE Marking on a construction product is the attestation of conformity of the product by the manufacturer. The procedure for attestation of conformity consists of different elements, which may be performed by the manufacturer under his responsibility or with involvement of an approved testing, inspection or certification body.
The system to be applied for a product is specified by the Commission after consultation with the Standing Committee for Construction and its qualified majority voting.
The decision has to take into account (CPD article 13(4)): - the importance of the part paid by the product with respect to the essential requirements, in particular those relating to health and safety - the nature of the product; - the effect of the variability of the product's characteristic on its serviceability; - the susceptibility to defects in the product manufacture.
5 Theoretically there is a third kind of specification mentioned in the CPD which also falls under the term “Technical Specification“, i.e. a national standard recognised at EU-level. It is unlikely that this third type of specification will ever be used.
24 Performance Based Building and the Construction Products Directive The decisions are published in the Official Journal of the European Union. They are binding for all manufacturers and specified in harmonised standards and European Technical Approvals. The Official Journal is published in (almost) all official languages of the Union.
4.7 Implementation of the CPD in national legislation
The Construction Products Directive is directed to Member States. It is binding for the Member States and it was to be implemented in national law or regulations within 30 months after its notification i.e. by the 27th of June 1991.
The form of the implementation is the choice of Member States as long as the purpose of the directive is achieved. Most Member States implemented the CPD by transforming the CPD in a new worded national law (e.g. Belgium, Germany, Portugal and the UK), Denmark implemented the CPD in its original text word by word.
The provisions of the national laws or regulations implementing the CPD are communicated to the Commission. The Commission verifies whether the implementation conforms to the CPD. The Commission found that Finland, Ireland, Sweden, and the UK transposed the CPD into national legislation, but interpreted the Directive differently, by not making CE Marking of construction products obligatory. Although the Commission reacted to this in the Standing Committee on Construction, those national provisions remain unchanged for the time being, creating a divided European Union.
When implementing, the EU Member States should not only provide for the free movement and placing on the market of CE marked construction products and ensure that the use of the products for the intended uses are not impeded, but Member States also have to make regulations for the establishment of those instruments the CPD asks for.
These are for example: - establishment of bodies which are authorised to issue European technical approvals; - nomination of Approval bodies to the Commission and the other Member States; - establishment of bodies for testing, inspection and certification in the attestation of conformity; - establishment of a system to approve and notify testing, inspection and certification bodies; - establishment of a system for verification at certain intervals, ensuring that the notified testing, inspection and certification bodies still fulfil the requirements of annex IV of the CPD; - publication for guidelines for European Technical Approvals; and - establishment of a system to ensure that the CE Marking is correctly used (market surveillance).
4.8 Safeguard clauses
The CPD foresees two types of safeguard clauses: - Article 5(1) of the directive - Article 21, i.e. withdrawal from the market of products by market surveillance authorities 4.8.1 Article 5(1) of the CPD In case a Member State or the Commission is of the opinion that harmonized standards, European technical approvals or the EC Mandates to CEN or EOTA do not satisfy the provisions of Articles 2 and 3 of the CPD, that Member State or the Commission can notify the Standing Committee on Construction, which delivers an urgent opinion.
In the light of that opinion and after consulting the committee 98/34, i.e. the committee on technical standards and regulations, the Commission shall notify the Member States as to whether or not the standard or ETA should be withdrawn from the list of harmonised technical specifications
Performance Based Building and the Construction Products Directive 25 published in the Official Journal of the European Union.
For the time being one Member State has used the article 5(1) once. This lead to the SCC agreeing upon a number of recommendations to improve harmonized technical specifications. The Committee 98/34 decided not to withdraw the citation from the OJEU.
4.8.2 Withdrawal from the market of products by Market surveillance authorities Member States are obliged to take all appropriate measures to prohibit or restrict the placing on the market of products bearing CE Marking or to withdraw them from the market, if these products might compromise the safety and health of individuals or other public interests covered by the applicable directive, when the products are used for their intended purpose.
Member States must inform the Commission when they take such a measure. Where the Commission considers the national measure justified, it informs all Member States who must take appropriate action in view of their general obligation to enforce European Union legislation.
The safeguard clause is designed to allow the Commission to analyse the justification of national measures restricting the free movement of CE marked products (products presumed to comply with requirements). Secondly, it provides a means to inform all national surveillance authorities about dangerous products, and, accordingly, to have the necessary restrictions extended to all Member States so as to ensure an equivalent level of protection throughout the EU.
For the safeguard clause to be applicable, the non-conformity has to be established regarding a systematic failure in the design of a whole series of products manufactured, however limited the series. For an isolated error, limited to the territory of the Member State that has discovered the non-compliance, there is no need to invoke the safeguard clause, since there is no need to take action on European Union level.
26 Performance Based Building and the Construction Products Directive
5. INTERPRETATIVE DOCUMENTS
5.1 General
The CPD sets out in Articles 3 and 12 that Interpretative Documents give concrete form to the Essential Requirements referred to in Annex I of the Directive, interpreted in accordance with the preamble to that Annex.
In 1995, in accordance with CPD Article 12(3), the Interpretative Documents, after a favourable opinion of the Standing Committee for Construction, were published in the Official Journal of the European Union.
The principal objective of the Interpretative Documents (IDs) is to establish the link between the Essential Requirements and the mandates which the Commission gives to CEN (and CENELEC) to establish harmonized standards and to EOTA to establish Guidelines for European Technical Approvals. In order that this can be achieved the following aspects have been taken into account when drafting the Interpretative Documents: - harmonisation of terminology and the basic technical concepts or identification of the need for such harmonization - indication of classes or levels for each Essential Requirement, in so far as is necessary and possible - indication of the methods of correlation between classes or levels and the technical specifications - use as a reference for the establishment of harmonized standards and guidelines for European Technical Approvals.
Within the framework of the implementation of the CPD, the IDs also represent a reference for the assessment of a construction product in the two following cases: - Article 4(4) of the Directive, assessment of the fitness for use by an approved laboratory, in the case where a manufacturer has not applied, or has applied only in part, the existing technical specifications. EC Guidance Paper I explains the use of this article. - Article 9(2) of the Directive, assessment of the fitness for use given in a European Technical Approval, carried out by approval bodies acting jointly within EOTA when Guidelines for European Technical Approvals do not, or not yet, exist (the so-called “Common Understanding of Assessment Procedure” or CUAP).
The Interpretative Documents are of an evolutive nature and it is possible that they are developed in time. However, since most mandates to CEN and EOTA have been issued, the importance of the IDs has decreased.
A Member State may request the revision of one or more Interpretative Documents in order to accommodate proposed additional regulatory requirements for the performance of construction works within the scope of the Essential Requirements. Such requests should be dealt with as a matter of high priority by the Commission and the Standing Committee without prejudice to the process of formal notification under Directive 98/34.
5.2 Classes of performance
In clause 1.2 of every ID, distinction is made between classes of performance of products which are justified for reasons according article 3(2) of the CPD (i.e. because of different climatic conditions, different levels of protection etc) and on the other hand those “classes” which may be
Performance Based Building and the Construction Products Directive 27 used by the specification writers to make it easier for manufacturers and purchasers to relate product performances to its intended use or to define a product by its characteristics.
Classes according article 3(2) are binding to Member States; they may refer in a binding way only to these classes in laws and regulation. For the time being mandatory classes have been laid down in EC Decisions for: - reaction to fire, through EC Decision of 8 February 2000 implementing Council Directive 89/106/EEC as regards the classification of the reaction to fire performance of construction products (2000/147/EC, as amended) - resistance to fire, through EC Decision of 3 May 2000 implementing Council Directive 89/106/EEC as regards the classification of the resistance to fire performance of construction products, construction works and parts thereof (2000/367/EC, as amended) - external fire performance, through EC Decision of 21 August 2001 implementing Council Directive 89/106/EEC as regards the classification of the external fire performance of roofs and roof coverings (2001/671/EC, will be amended in due time)
The other classes, classes of convenience, may be introduced by the technical specification writers and used for purposes of contracts between manufacturer and purchaser, for tenders, for expressing product performances on labels or package, and, in the framework of the CPD, also for information to accompany the CE Marking (see 6.6).
5.3 Working life
Clause 5.1 of every ID says that it is up to the Member States to decide whether they feel it necessary to take measures concerning the working life that can be considered reasonable for each type of works.
To enable building owners, designers and contractors to choose the right products in relation to the expected or required intended working life of the works, clause 5.2 of the IDs requests specification writers to indicate the intended working life in the specifications. This intended working life may by no means be regarded as a guarantee for the durability of the product. “Working life” is defined in the IDs as “the period of time during which the performance of the works will be maintained at a level compatible with the fulfilment of the essential requirements“.
General rules for specification writers regarding the choice of intended working life to be assumed in the specifications are not given in the CPD or interpretative documents. However, EOTA has elaborated an appropriate guidance document, which may be applied for European Technical Approvals (available on http://www.eota.be/html/guid-doc.htm).
28 Performance Based Building and the Construction Products Directive
6. EC GUIDANCE PAPERS
6.1 General
Article 20 of the CPD states that the Standing Committee may, at the request of its Chairman or a Member State, examine any question posed by the implementation and the practical application of this Directive.
In order to ensure a common understanding between the Commission and the Member States as well as among the Member States themselves as to how the Directive will operate, the European Commission Services issue and have issued a series of Guidance Papers dealing with specific matters related to the implementation, practical implementation and application of the Directive.
These papers are not legal interpretations of the Directive. They are not judicially binding and they do not modify or amend the Directive in any way. Where procedures are dealt with, this does not in principle exclude other procedures that may equally satisfy the Directive.
They are primarily of interest and use to those involved in giving effect to the Directive, from a legal, technical and administrative point of view. The specification writers should adopt the EC Guidance Papers and use them to develop harmonised standards, ETA-Guidelines, CUAPs and ETAs.
The Guidance Papers may be further elaborated, amended or withdrawn by the same procedure leading to their issue. All EC Guidance papers can be consulted through http://europa.eu.int/comm/enterprise/nando-is/cpd/home/index.cfm).
6.2 A – The designation of notified bodies in the field of the CPD
This document is intended to provide guidance for Member States when designating and notifying bodies to operate the attestation procedures required under Article 18 of the CPD.
The principal objectives of this Guidance Paper are: - to ensure the full implementation of the CPD, taking account of the specific aspects of the CPD and the requirements of the Council Resolution on a Global Approach to Conformity Assessment and other relevant horizontal documents; - to define criteria that allow equivalent assessment of applicant bodies by Member States; - to provide information to Member States on the elements that need to be communicated to the Commission and the other Member States about the individual notifications; and - to ensure that full information is available to all interested parties, on the scope and competence of notified bodies and the services provided.
This Guidance Paper was amended in 2002, to introduce the newly published EN ISO/IEC 17025, which has now replaced EN 45001. It will need revision in due to allow notification of third parties in those cases where testing as a means to determine performances is replaced by calculation and because EN ISO/IEC 17020 was published, leading to withdrawal of EN 45004. 6.3 B - The definition of FPC in technical specifications for construction products
This Guidance Paper is intended to provide a common basis for understanding factory production control systems required by the Directive in support of its legal requirements.
Performance Based Building and the Construction Products Directive 29 Article 13(3)(a) of the CPD lays down that manufacturers may only affix the CE Marking on their construction products if they have "a factory production control system to ensure that production conforms with the relevant technical specifications".
This Guidance Paper centres on the factory production control system considered as a means of ensuring that products placed on the market conform to the technical specifications. It is mainly intended for those drafting harmonised technical specifications (harmonised standards and ETAs) and those drafting ETA guidelines. It applies whatever system of attestation of conformity is adopted. It may also be relevant, however, to manufacturers making declarations of conformity and enforcement authorities.
6.4 C – The treatment of kits and systems under the CPD
This Guidance Paper is intended to clarify the scope of harmonised technical specifications under the CPD. It is also intended to clarify the difference between the concepts of a "kit" and a "system". It is aimed at those involved in the preparation of harmonisation mandates and in the writing of technical specifications.
Since the establishment of the document, the SCC has also accepted the concept of "virtual kits". These are products that are placed on the market, but for which assembly testing is required to determine performances (e.g. a product tested with other product in an assembly in the "Single Burning Item" test method) (see also §11.2.4)
6.5 D - CE Marking under the CPD
This Guidance Paper is intended to clarify the conditions covering affixing the CE Marking itself, the additional information that should accompany the marking, and the content of the EC declaration and certificate of conformity.
It concerns products within the scope the CPD and which bear the CE Marking according to the provisions of the CPD, taking into account Council Directive 93/68/EC (the “CE Marking Directive”) amending the CPD in respect of CE Marking, and of Council Decision 93/465/EC on the rules for the affixing and use of the CE conformity Marking.
The Guidance Paper is intended for a number of different audiences, particularly technical specification writers (CEN/CENELEC and EOTA members), for consideration together with the respective mandates and provisions given therein, and regulators and enforcement authorities within the European Economic Area (EEA). It may also be of interest to manufacturers and users for information purposes, although the technical specifications, once available, will contain all the relevant details for a given product.
The document also provides valuable information regarding the EC Declaration and the CE Certificate of conformity.
After revision, the newest version was published in July 2004. New aspects that have been considered are: - Voluntary markings should be in a box, separated from the CE Marking - Mandated characteristics can be replaced by proxy-characteristics - When manufacturers decide to use the NPD-option, they should explicitly write "NPD" in the marking - Where should additional information go, if it cannot accompany the CE symbol. - How to address performances when end-use applications are addressed
30 Performance Based Building and the Construction Products Directive
6.6 E – Levels and classes in the CPD
This Guidance Paper clarifies the use of classes and levels within the context of the CPD. It also addresses the related issue of national provisions on works and the fitness for use of construction products. It is intended for technical specification writers (CEN/CENELEC and EOTA members), for consideration together with the respective mandates and provisions given therein, and regulators and enforcement authorities within the European Economic Area (EEA).
6.7 F – Durability and the CPD
6.7.1 General
This paper addresses the issue of durability within the context of the implementation of the CPD.
The Guidance Paper is intended for technical specification writers (CEN/CENELEC and EOTA members), for consideration together with the respective mandates and provisions given therein, and regulators and enforcement authorities within the European Economic Area (EEA).
It has been updated following a written consultation of the Standing Committee on Construction in 2004. All harmonised technical specifications include provisions for the assessment of durability, taking into account the needs of the Member States and using performance-based methods, descriptive solutions or a combination of the two. They have been written ensuring that a product in conformity with the technical specification can be assumed to have a “normal” working life, subject to proper maintenance. The current, generally accepted “state of the art6” is being applied in dealing with durability in technical specifications for construction products. The development of performance-based methods of determination, however desirable from a technical point of view, is not allowed to delay the delivery of harmonised technical specifications. By “state of the art”, the CPD requires CEN and EOTA to consider only those aspects of durability which are already required in one or more Member States and for which a means of assessment exist. The development of new durability requirements, is allowed in the 2nd generation of harmonised specifications.
The technical specifications are not required to explicitly reference the working life assumed in the assessment of durability, but may do so if felt to be appropriate.
6.7.2 Assessment methods
The direct assessment by testing or calculation, where the product is subjected to a specific action after which one or more of the product characteristics are evaluated, is the preferred durability assessment method. However, indirect (proxy) testing of durability, where the product is subjected to a specific action and criteria, for which there is known to be a correlation or relationship between the characteristic being tested and the required durability characteristic is also accepted. CPD technical specifications may also refer to protection requirements, i.e. the specification specifies that all products shall be protected (e.g. by coating or painting). It may require the manufacturer to give advice with the CE marking, without however taking direct responsibility for the installed product.
6 In this context, “state of the art” refers to the current level of knowledge that is generally accepted as being technically sound. It does not mean the most advanced technology.
Performance Based Building and the Construction Products Directive 31 Prescriptive requirements are not being encouraged, but in some cases they are the only solutions available.
Indirect assessment, where there is no relationship between the proxy characteristic and the desired durability characteristic exist, but merely a link is also accepted. For such an indirect assessment, it is assumed that a product which meets some or all of the requirements defined in the standard (especially strength requirements) will be inherently durable.
6.8 G – The European classification system for reaction to fire performance of construction products
This Guidance Paper addresses issues relating to the functioning of the European system for the classification of the reaction to fire performance of construction products (Euroclasses), within the context of the implementation of the CPD.
Arrangements for the transition from existing national classifications for fire performance to the new European systems are dealt with in EC Guidance Paper J (see 6.11).
The Guidance Paper is intended for technical specification writers (CEN/CENELEC and EOTA members), regulators and enforcement authorities within the European Economic Area (EEA) and industry.
It was last revised in May 2003. 6.9 H - A harmonized approach relating to dangerous substances under the CPD
This Guidance Paper is intended to describe a harmonised approach on addressing the problem of dangerous substances and preparations (these days referred to as “regulated substances”), as well as radiation, when related to products falling under the CPD. It explains the extent to which the Directive applies to dangerous substances and how technical specification writers (CEN/CENELEC and EOTA members) should take them into account to achieve harmonisation. Technical specifications were intended to provide all the relevant details for a given construction product and in particular the necessary information required for a producer to be able to complete the CE Marking.
The Guidance Paper is aimed at those involved in the writing of technical specifications (harmonised standards and European technical approvals), for consideration together with the respective mandates and provisions given therein, and manufacturers, regulators and enforcement authorities within the European Economic Area (EEA).
It is limited to those aspects of the CPD essential requirement No.3 “Hygiene, health and the environment” that are linked to the presence of potentially dangerous substances in construction products.
Aspects of health, hygiene and environment that are related to the manufacturing of products or their function (e.g. faulty disposal of wastewater) are not considered. The Guidance Paper does not cover construction products in contact with water intended for human consumption, which are covered by the European Acceptance Scheme (EAS), which is under development (see §11.3.5).
None of the provisions of this Guidance Paper restrict Member States, with due regard to the Treaty, from maintaining laws, regulations, and administrative provisions covering the use of products outside the scope of the CPD. As long as they conform with the provisions of the Treaty,
32 Performance Based Building and the Construction Products Directive e.g. voluntary schemes for the protection of the environment, which could provide an effective means for dealing with dangerous substances, they are not excluded by this Guidance Paper, although they too fall outside the scope of the CPD.
On its website, the European Commission has complied information from EU Member States on regulated substances (http://europa.eu.int/comm/enterprise/construction/internal/dangsub/dangmain.htm). The database will be improved over time.
6.10 I – The application of article 4(4) of the CPD
This Guidance Paper clarifies issues relating to the application of Article 4(4) of the CPD. It is primarily intended for regulators and enforcement authorities within the European Economic Area (EEA), industry and notified bodies.
The guidance provided in this document can only be provisional, until experience is gained with the application of Article 4(4) in practice. The Commission, with the assistance of the Advisory Group of Notified Bodies, will monitor the use of Article 4(4) by industry, keep the Member States informed and ensure that this guidance is reviewed as necessary.
6.11 J – Transitional arrangements under the CPD
This Guidance Paper considers the issue of transitional arrangements within the context of the implementation of the CPD, it is intended for technical specification writers (CEN/CENELEC and EOTA members), regulators and enforcement authorities within the European Economic Area (EEA), notified bodies and industry.
In the context of this Guidance Paper the term “transitional arrangements” refers to the time period during which national and European technical specifications are both available for use by producers placing their products on the EEA market – the period of co-existence. The guidance provided in this document provides a framework within which the Commission and the Member States will bring into use the technical specifications produced in support of the CPD.
The dates of start and end of the co-existence period are published in the Official Journal of the Eurpean Union. CE Marking becomes possible at the start and mandatory at the end of the period. Member States should have modified their national legislation to (only) allow CE Marked products on their market by that time (see Annexes 3 and 4).
6.12 K – The attestation of conformity systems and the role and tasks of the notified bodies in the field of the CPD
This Guidance Paper goes into detail on the various attestation of conformity systems within the context of the implementation of the CPD.
It also addresses the relation between the conformity assessment systems and the Notified Bodies. It clarifies the role of the relevant Notified Bodies under the different attestation of conformity systems. The Guidance Paper refers, in particular, to Articles 13 and 18 and to Annex III of the CPD and is intended for a number of different audiences, particularly Notified Bodies and Regulators and enforcement authorities within the European Economic Area (EEA). It is also of interest to technical specification writers (CEN/CENELEC and EOTA members), for consideration together with the respective mandates, manufacturers and other users for information purposes.
This document gives information which complements Guidance Paper A because it
Performance Based Building and the Construction Products Directive 33 describes the practical role of the notified bodies. It does not specify the criteria to be used by Member States to examine bodies wishing to be considered for notification (covered by Guidance Paper A).
Recently, an important revision of the EC Guidance paper was issued by the European Commission (December 2004). An annex was attached to it, providing clarification for CEN and EOTA concerning the specific aspects of the attestation of conformity with regard to products properties which are determined by structural calculation (see also EC Guidance Paper L). Similar to initial type testing, a procedure (“initial type calculation”) and guidance on FPC tasks to be performed were established.
6.13 L – Application and use of Eurocodes
This Guidance Paper expresses, with the view of achieving the aims and benefits of the Eurocode programme, the common understanding of the Commission and the Member States on: - The application of EN Eurocodes in the structural design of works. - The use of EN Eurocodes in harmonised standards and European technical approvals for structural construction products. A distinction is made between: a) products with properties which enter into structural calculations of works, or otherwise relate to their mechanical resistance and stability, including aspects of durability and serviceability, and which for this reason should be consistent with the assumptions and provisions made in the EN Eurocodes ("structural materials" are most concerned) b) products with properties which can directly be determined by methods used for the structural design of works, and thus should be determined according to the EN Eurocode methods (prefabricated "structural components and kits" are most concerned).
The objectives of the Guidance Paper are to: - Give guidance on the elaboration, implementation and use of the EN Eurocodes - Provide, for the writers of EN Eurocodes, the framework in which they will elaborate or finalise the EN Eurocodes on the basis of the existing ENV Eurocodes - Provide, for the writers of product specifications, the framework in which they will make reference to incorporate, or to take into account, the EN Eurocode Parts in harmonised standards and European technical approvals for structural products - Allow for the inclusion in EN Eurocodes and in technical specifications for structural products the necessary parameters or classes or allowance for levels to enable the Member States to choose the level of safety, durability and economy applicable to construction works, in their territory, - Provide to Member States and the authorities concerned the elements needed to prepare public contracts, in respect of the Public Procurement Directive This Guidance Paper considers all the issues and conditions related to the satisfactory implementation of the EN Eurocodes, as well as their links to the implementation of the CPD. It is intended for enforcement authorities, regulators, national standards bodies, technical specification writers, notified bodies and industry.
It was last revised in November 2003 (see §11.3.4).
6.14 M – Initial type testing and factory production control
This Guidance paper was issued in May 2005. Before, it was a cEN Guidance document for CEN Technical Committees aiming to improve evaluation of conformity clauses in harmonised standards. After close collaboration between the CEN Consultants and the Group of Notified Bodies, and at a later stage the European Commission Services, the document was substantially revised, ensuring harmonised standards and European Technical Approvals specify evaluation of conformity clauses, incorporating lessons learned from practical experience with the first
34 Performance Based Building and the Construction Products Directive generation of harmonised technical specifications.
The guidance paper is mainly aimed at technical specification writers, but it also permits structuring different routes that products may use when being placed on the market.
CPD Provisions regarding production methods
EC Guidance paper M distinguishes: - Conventional series production: CE Marking obligation applies, conformity assessment in accordance with relevant EC Decisions - Series production of products with varying properties (e.g. windows with an identical design, but different dimensions): CE Marking obligation applies, conformity assessment in accordance with relevant EC Decisions - Individual (and non-series) production is divided into: - individually designed and manufactured products (e.g. restoration of cultural heritage); in this case, Statement N° 2 for entry in the minutes of the Council meeting that adopted the Directive in 1988 applies. Even if the product does not meet the (essential requirements of the) CPD, it can be placed on the EEA market, but without CE Marking, if Member States agree. - Individual (and non-series) production where the above does not apply, or in cases where the above does apply, but where Member States do not authorise the use thereof, the following options apply: - The products have no significant implications for health and safety: In this case, CPD article 13(5) is used, meaning that ITT and FPC are to be performed by the manufacturer, i.e. AoC system 4 applies, which may be contrary to the relevant EC Decision. - The products have significant implications for health and safety: In this case the EC Decision on AoC applies. This differentiation, together with the European Commission's demand to CEN and EOTA to adopt proportionate conformity assessment requirements, should permit manufacturers of all sizes, using any of the above production methods to continue placing products on the market.
Although attestation requirements need to be proportionate, they should also ensure that only safe
Performance Based Building and the Construction Products Directive 35 products are placed on the market and requirements need to be equivalent, preventing market distortion, favouring one manufacturer over another. Performance based requirements, based on a statistical confidence levels are most likely important tools in this new development.
EC Guidance paper M specifies the following: "Member States are not obliged to take measures for applying CPD provisions and CE marking to building elements made on the works and to those construction products that are manufactured off the works but incorporated in them without beforehand having been placed on the market, i.e. directly by the manufacturer as part of a service comprising more than just manufacturing and delivering the product.". This is important, since it specifies that contractors manufacturing parts of the works, either on or off site, are not obliged to CE Mark, unless Member States require them to. It is not clear what would happen if some Member States would oblige CE Marking, while other Member States would not, in a case like this. The document defines important terms used in evaluation of conformity and adds a number of new definitions for concepts that had been used before, but not given a name (e.g. "shared and cascading ITT"). It can be expected that after further experience, the document requires updating again.
36 Performance Based Building and the Construction Products Directive
7. TECHNICAL SPECIFICATIONS
7.1 General
Products covered by the CPD can only be CE Marked, if they comply with national standards transposing harmonised standards, published by CEN/CENELEC or with European Technical Approvals, issued by one of the EOTA Member Bodies. The third option, i.e. compliance with national technical specifications, has not been used for the time being.
The main and usual route is the harmonized standard. European technical approvals (ETAs) may be granted to: (a) products for which there is neither a harmonized standard, nor a recognized national standard, nor a mandate for a harmonized standard, and for which the Commission, after consulting the SCC, considers that a standard could not, or not yet, be elaborated; and (b) products which differ significantly from harmonized or recognized national standards.
Even in the case where a mandate for a harmonized standard has been issued, the provisions referred to in (a) do not exclude granting of ETAs for products for which guidelines for such approval exist. This shall apply until the entry into force of the harmonized standard in the Member States. Given the long time it takes to establish harmonized standards, the SCC considers using this third possibility of issuing ETAs (CPD art. 8(3)), where the Commission may, as a derogation from (a), authorize issuing ETAs, for products for which there is a mandate for a harmonized standard, or for which the Commission has established that a harmonized standard can be elaborated. However, in this case, the authorization shall be valid for a fixed period.
7.2 European Standards
7.2.1 Organisation and procedures of CEN (http://www.cenorm.be) CEN is the European Committee for Standardisation. Its members are the European national standardisation bodies (see Annex 10).
Standardisation organisations of some central and eastern European countries are "Affiliated members": Albania (DPS), Bulgaria (BDS), Croatia (DZNM), Rumania (ASRO), the former Yugoslav Republic of Macedonia (ISRM) and Turkey (TSE). A further status of "Associate Member" exists, e.g. for European industrial associations, e.g. FIEC (http://www.fiec.org), the federation of European contractors, and CEPMC (http://www.cepmc.org), the federation of European manufacturers.
Members may participate in all activities of CEN and have voting rights. Affiliated and associated members may also participate in the activities of CEN, but without voting rights.
Elaborating standards is the task of the Technical Committees (TCs). The TCs may set up Subcommittees (SCs) and Working Groups (WGs) for certain clearly defined tasks, e.g. drafting specific standards. Members of WGs are in general experts nominated by the TC.
The deliverables of CEN, in the construction sector, are: - Drafts for European Standards (prEN) and European Standards (EN) - The European Standard is a normative document made available by CEN in the three official languages. The elaboration of a European Standard includes a public enquiry, followed by an approval by weighted vote of CEN national members and final ratification. It is announced at national level,
Performance Based Building and the Construction Products Directive 37 published or endorsed as an identical national standard and every conflicting national standard is withdrawn. The content of a European Standard does not conflict with any other CEN Standard. - European Technical Specifications (TS) - A Technical Specification is a normative document made available by CEN in at least one of the three official languages, it is established and approved by a CEN technical body by a weighted vote of CEN national members. The Technical Specification is announced and made available at national level, but conflicting national standards may continue to exist. It may compete against another Technical Specification with the same scope, but a Technical Specification may not conflict with a European Standard. This implies that an existing Technical Specification shall be withdrawn if the publication of a subsequent EN brings the Technical Specification into conflict with that EN. - CEN Reports (CR) - A Technical Report is an informative document made available by CEN in at least one of the official languages. It is established and approved by a CEN technical body by a simple majority vote of CEN national members. During the preparation of the Technical Report or after its adoption, no standstill obligation exists. A Technical Report gives information on the technical content of standardization work. - CEN Workshop Agreements (CWA) - A CEN Workshop Agreement is a document made available by CEN in at least one of the official languages. It is a technical agreement developed in an open structure, the CEN Workshop (WS), and not in a Technical Committee. A CEN Workshop Agreement is adopted through consensus, which is reached by the CEN Workshop participants who are responsible for its contents.
During the elaboration of those documents there are several opportunities for parties not represented in the TC to give input into the drafting process, either by contacting the national mirror groups, by statements of European industrial organisations, by giving comments in the enquiry period etc.
The ENs, when adopted by qualified majority of CEN-members, have to be published as national standards by all CEN-members, normally within 6 months. Those Standards are marked with the prefix of the national standards organisation and "EN", e.g. BS EN, NF EN, DIN EN.
National standards covering the same products, test methods, etc. or conflicting with the EN shall be withdrawn, within this time-period, usually at the publication of the EN. If work items for European standards are in direct relationship with each other, e.g. product standard and the related test-standards they may form a "Package". For such a package a common date of withdrawal (DOW) may be agreed upon, e.g. the time after the last standard of the package is adopted.
The standstill agreement of CEN requires that during the time of establishing a European Standard, national standardisation dealing with the same item should not take place. 7.2.2 European Standards and the CPD Through the principles of the New Approach, the Directives for public procurement (see §3.8.4 and §14) and the Construction Products Directive in particular, European standardisation obtains a particular importance.
Usually, European Standards, transposed into national standards, obtain the status of recommendations or voluntary specifications, which become binding only when agreed upon, e.g. by contract or a special administrative or legal act. The CPD makes "harmonised" European standards one of the two binding routes to obtain the mandatory CE Marking.
"Harmonised" standards are those standards for which the Commission has given a mandate under a "New Approach Directive" to CEN to elaborate such a standard. The mandates for
38 Performance Based Building and the Construction Products Directive product standards given by the Commission to CEN ensure that the quality of the standard is such that it can serve for the purposes of the CPD and that it takes into account all product characteristics which are required in regulations of Member States for that product.
Besides of general contractual items and procedural rules for the standard writers, mandates usually contain 4 annexes, in which details for the items to be standardised are listed: - Annex 1 presents the products and the materials they are made of. - Annex 2 specifies the product characteristics to be taken into account for each product, serving the fulfilment of the relevant essential requirements - Annex 3 specifies the applicable attestation of conformity system(-s), which shall be applied for each product, taking into account the decision of the Commission, published in the Official Journal. - Annex 4 details the dangerous substances (now referred to as "regulated substances"), which may be in construction products and for which Europe-wide, or national bans or restrictions are known.
To support the CPD, the Commission has issued mandates for about 40 product families. The mandates were issued after consultation of the SCC. On the basis of the mandate, the relevant CEN/TC is to prepare an answer to the mandate, i.e. a work-programme, demonstrating which products will be covered by the standards. This programme is sent to the Commission for approval. The approved work programme is the final mandate, which can be considered to be a contract, between the EC and CEN.
The mandate requests CEN to invite representatives of governmental bodies of Member States to participate in the standardisation procedure to ensure that their interests are taken into account and to avoid shortcomings in the standards which might lead to complaints from Member States. 7.2.3 Annex ZA European product standards may also contain clauses that are not covered by the mandate. Those clauses are not part of the "harmonised" standard and may deal with any "voluntary" provisions, e.g. characteristics that are not regulated, but which are important for the introduction of products into the works.
To inform users of the standard which clauses are part of the harmonised standard (and basis for the CE-marking), each harmonised standard contains an "Annex ZA". This informative, yet mandatory - for manufacturers aiming at putting products on the market in the EEA - annex indicates the clauses which form the harmonised part of the standard. The Annex ZA also informs manufacturers about the applicable system(-s) of conformity assessment and the information that should be introduced in the EC Declaration of conformity and that should accompany the CE Marking. 7.3 European Technical Approvals
A European Technical Approval is a favourable technical assessment of the fitness for use of a product for an intended use, based on fulfilment of the essential requirements for building works for which the product is used. It is a technical specification, comparable with harmonised standards, but issued by an EOTA Member Body for a particular product from a particular manufacturer. 7.3.1 Organisation of EOTA (http://www.eota.be) According article 10 of the CPD, Member States have notified to the Commission the organisations which they have authorised to issue European Technical Approvals. The criteria that those bodies have to meet are presented in the article 10 as well. In 1990, these Approval Bodies have formed, in accordance with Annex II(2) of the CPD, an organisation to co-ordinate the work of the bodies in
Performance Based Building and the Construction Products Directive 39 close co-operation with the Commission, the "European Organisation for Technical Approvals“, EOTA.
The role of EOTA is primarily to monitor and progress the drafting of ETA-Guidelines and to co- ordinate all activities related to issuing ETA's. EOTA operates in close co-operation with the European Commission, EFTA, CEN, European trade associations and industrial organisations, who are also present as observers at various EOTA levels. EOTA has a Technical Board that decides on technical matters and an Executive Commission, considering policy issues. In addition, EOTA has a Plenary meeting.
An application for an ETA can be made to any of the Approval Bodies, designated by their respective Member States. The list of designated Approval Bodies is published in the Official Journal of the European Union. In most cases, Member States have notified approval bodies for the whole construction sector, but in some cases, the activities of approval bodies are limited to defined areas of competence.
At the moment, the EOTA Member Bodies are: OIB (Austria), UBAtc-DGV (Belgium), TZUS and CSI (Czech Republic), ETA-Danmark (Danmark), TUT (Estonia), VTT (Finland), CSTB and SETRA (France), DIBt (Germany), ELOT (Greece), EMI (Hungary), IBRI (Iceland), IAB (Ireland), STC, CSEA and ITC (Italy), ETA-Latvia (Latvia), SPSC (Lithuania), Laboratoire des Ponts et chaussees (Luxembourg), SBK, Intron Certificatie, SKH, IKOB-BKB, BMC, SKG and KIWA (The Netherlands), NBI (Norway), ITB (Poland), LNEC (Portugal), TSUS (Slovak Republic), ZAG (Slovenia), IETcc and ITeC (Spain), SITAC (Sweden) and BBA, BRE Certification, UK Cares, BM Trada and Warrington Certification (UK). 7.3.2 Procedures for issuing ETAs The issuing of ETAs is based on tests, examinations of the products and the assessment against the essential requirements of the CPD and the Interpretative Documents related to the specific product.
Article 9 of the CPD establishes two ways for issuing ETAs. The decision which to use is taken by the Commission, after consultation of the SCC.
The first way is given in articles 9(1) and 11, which request as basis for an ETA the existence of an Approval Guideline (ETA-Guideline). These guidelines are elaborated by EOTA on the basis of a mandate of the Commission. The EC Mandates to EOTA define, similar to the mandates to CEN, the product, the intended use of the product, the characteristics of the product to be dealt with in the guideline, classes or levels of performance of the products - if required in the Interpretative Documents or decided upon by the SCC - and the system(-s) of attestation of conformity. ETA- Guidelines are developed in Working Groups, where industry is invited to participate.
The second way for issuing an ETA is described in article 9(2) of the CPD, for those cases where no guidelines are available. In this case the approval body which the manufacturer requested an ETA from, develops a mini-guideline, specific for the manufacturer and a particular product. That guideline is referred to as a "Common Understanding of Assessment Procedure" or CUAP. During the development of such a CUAP, consensus within EOTA is obtained. Because CUAPs are particular for one manufacturer, the development of these documents is confidential.
For the first ETAs that an Approval Body issues in a certain product domain (in the case of ETA- Guidelines), the issuing approval body has to obtain the consensus of all approval bodies before issuing the ETA. For ETAs based on CUAPs, this consensus is always required.
It is important to note that in case no harmonised standard for a product exists, the manufacturer is
40 Performance Based Building and the Construction Products Directive to take the initiative and ask for an ETA.
7.4 Combining EU Directives
Because harmonised technical specifications are obligatory for manufacturers intending to put construction products on the market, specification writers (CEN and EOTA) are faced with the challenge that they have to combine other applicable directives in one product specification, giving due consideration to the essential requirements of each directive, but also to aspects such as production control, use of notified bodies, combined reference to directives in declarations of conformity and the CE Marking.
Directives that might also apply, in addition to the CPD, are e.g. the Low Voltage Directive (73/3/EEC), the Electromagnetic Compatibility Directive (89/336/EEC), the Machinery Directive (98/37/EC), the Personal Protective Equipment Directive (89/686/EEC) and the Energy Performance of Buildings Directive (2002/91/EC)7. Such combination of directives might not always be straightforward, especially when those directives also address "putting into service", which is not covered by the CPD.
7 The Energy Performance of Buildings Directive is, contrary to the other Directives mentioned, not a "New Approach" Directive and does not foresee CE Marking of construction products. There are many other directives that may also apply.
Performance Based Building and the Construction Products Directive 41
8. ATTESTATION OF CONFORMITY
8.1 General and elements for attestation of conformity
According to article 4(2) of the CPD, Member States shall presume that construction products are fit for the intended use if they bear the CE-marking. Precondition for affixing the CE-marking is that the manufacturer has attested the conformity of the product with a harmonised European specification.
Attestation of conformity (conformity assessment) is an activity, based on decision following checking the suitability, adequacy and effectiveness of selection and determination activities, and the results of these activities, of authorizing and issuing a statement that fulfilment of specified requirements has been demonstrated. Depending on the system of attestation, the resulting statement takes the form of a report (e.g. a test report or inspection report), a declaration or a certificate and the CE Marking and conveys the assurance that the specified requirements have been fulfilled. Such an assurance does not, of itself, afford contractual or other legal guarantees.
The procedure of attestation of conformity may consist of different elements as given in Annex III.1 CPD. These elements are: a) initial type testing of the product by the manufacturer or an approved body, b) testing of samples taken at the factory in accordance with a prescribed test plan by the manufacturer or an approved body8, c) audit-testing of samples taken at the factory, on the open market or on a Construction site by the manufacturer or an approved body, d) testing of samples from a batch which is ready for delivery, or has been delivered, by the manufacturer or an approved body, e) factory production control, f) initial inspection of factory and factory production control by an approved body, g) continuous surveillance, judgement and assessment of factory production control by an approved body
From these elements the so-called systems of attestation of conformity have been determined. 8.2 Systems for attestation of conformity
Annex II.2 of the CPD presents the attestation systems that should be used by the European Commission, after consultation of the Standing Committee on Construction. The Commission Decisions are published in the Official Journal of the European Union (see Annexes 5 and 6). This procedure deviates from the so-called “Global Approach“ which provides attestation modules to be applied, which are entirely different, compared with the attestation systems used in the framework of the CPD.
A survey of the systems, which has been decided upon by the Commission, is presented in Annex 6. In the systems it is clearly stated which tasks have to be done by which party, the manufacturer or notified bodies.
8 It is commonly understood that this element is part of Factory Production Control and is not considered separately in harmonised technical specifications.
42 Performance Based Building and the Construction Products Directive It is the task of the specification writers to detail the specific tasks of the different parties in the technical specifications, which should lead to a level playing field for all manufacturers and ensure confidence in the CE-marking, independent of the origin of the product and the bodies involved.
There are two main elements in the evaluation of conformity that are always present in each system: initial type testing and factory production control.
8.3 Initial type testing
ITT is the complete set of tests or other procedures described in the harmonised technical specification, determining the performance of samples of products representative of the product type. It verifies that a product complies with the harmonised technical specification and defines the performance of all harmonised characteristics to be declared.
For CE Marking under the Construction Products Directive, manufacturers need to have available evidence of initial type testing, performed by themselves or by a Notified Body, depending on the attestation of conformity system applicable to the product concerned.
Although the term "initial type testing" specifically refers to testing, in practice, ITT does not necessarily relate to testing. Other procedures are referenced in many harmonised technical specifications: - Classified without the need for further testing (CWFT) decisions: Through the CWFT procedure (see §11.3.3), the Commission, after consultation of the SCC, occasionally issues Commission Decisions establishing classes of reaction-to-fire performance for certain construction products, presenting construction products for which the classification provided for in Decision 2000/147/EC, is well established and sufficiently well known to fire regulators in Member States that they do not require testing for this particular performance characteristic. - Conventionally accepted performances, i.e. other "deemed-to-satisfy" provisions, which technical specification writers can decide (e.g. based on experience and/or a set of test results) to introduce in harmonised technical specifications, preventing manufacturers from having to subject their products to performance related tests (e.g. tabulated values, a number of harmonised technical specifications incorporate tabulated values and/or refer to supporting standards that specify tabulated values, e.g. EN 12524). - Calculation: A number of harmonised technical specifications foresee calculation as a means to determine the performances (values, classes or levels). The concept of calculation being part of “initial type evaluation” is envisaged in the revised EC Guidance Paper K (see 6.12).
Manufacturers need to have at their disposal evidence of initial type testing as part their technical documentation, which must be kept for at least 10 years from the last date of manufacture of the product.
8.4 Factory production control
Factory production control means the permanent internal control of production exercised by the manufacturer. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic manner in the form of written policies and procedures (Annex III.1 of CPD).
Factory production control is required in all attestation systems, which leads to an important conclusion: no CE-marked construction product shall be put on the market, without the manufacturer having a factory production control system.
In order to achieve an equivalent level for factory production control in all specifications the Commission has published Guidance Paper B (see §6.3). The specification writers have had
Performance Based Building and the Construction Products Directive 43 to adapt the provisions of the Guidance Paper to the product or product family under consideration and to the relevant production process, taking into account that the provisions in the specifications must be sufficiently flexible to allow for the particular features of the production process for the individual manufacturers. To support CEN Technical Committees in this relatively new task, the CEN Consultants, in collaboration with the Group of Notified Bodies, have developed a detailed Guidance document on evaluation of conformity. This document was the basis for EC Guidance paper M (see §6.14).
8.5 Notified bodies
Article 18 of the CPD requires Member States to notify to the Commission the bodies, which have been approved by them for attestation of conformity tasks. The notification procedures are explained in EC Guidance Paper A (see §6.2).
With respect to the function of the bodies involved in the attestation of conformity, distinction is being made into product and FPC certification bodies, inspection bodies and testing laboratories. The tasks of these bodies are detailed in Annex III.3 of the CPD: - The certification body shall carry out conformity certification to given rules of procedure. Depending on the attestation system the certification may concern the product or the production control. Bases for the certification are the working results of an inspection body and, in specific areas, of testing laboratories. - The inspection body shall perform such functions as assessing, recommending for acceptance and subsequent audit of manufacturers' production control operations, and selection and evaluation of products to specific criteria. They usually report to the certification body. - The testing laboratory shall measure, examine, test or determine otherwise the characteristics or performance of products. They report in specific areas to the certification body.
One and the same body may perform the tasks of testing, inspection and certification, if this body is approved for all those tasks. All the notified bodies need to be competent, have the necessary personal and equipment, have the necessary integrity and be impartial. These requirements are further detailed in Annex IV of the CPD, but since these requirements are very general, the Standing Committee on Construction explained its common position on the interpretation of these general requirements in EC Guidance Paper A. 8.6 Notification
According to article 18 of the CPD, Member States notify to the Commission the organisations that they approved as testing, inspection or certification body to carry out attestation tasks in the context of the CPD, which explains the term “Notified bodies“. The notification informs the Commission about the task the body was approved for and the product specification and/or test- methods (see §6.2). 8.7 Nando
The internet based NANDO database (http://europa.eu.int/comm/enterprise/nando- is/cpd/home/index.cfm) enables users to find the European notified bodies under all New Approach directives, as well as third country bodies designated under formal agreements (MRAs and PECAs – see §2.6) responsible for carrying out the conformity assessment procedures referred to in the applicable New Approach directives.
Nando-CPD provides search facilities to find Notified Bodies through their registration number, their country or the attestation of conformity decision and the technical specification they were notified for. Nando also provides:
44 Performance Based Building and the Construction Products Directive - The EC Guidance papers - The Advisory Group position papers; these are produced by the Advisory Group of Notified Bodies of the CPD on issues of relevance to several or all product families. Notified Bodies are expected to work in accordance with the GNB position papers. - The Sector Group position papers; these are produced by the Sector Groups of the Group of Notified Bodies of the CPD on issues of relevance to a certain product family. The SG position papers are also approved by the Advisory Group. Notified Bodies are expected to work in accordance with the GNB position papers. The documents of the Group of Notified Bodies have neither been drafted by the European Commission nor been submitted to the CPD Standing Committee for consultation. They are not legal interpretations of the Directive and are not legally binding. However, notifying authorities are expected to consider their use as a condition when notifying organisations. 8.8 Group of Notified Bodies
8.8.1 General To ensure co-operation between the Member States, the Notified Bodies and the European Commission, the Commission supports a co-ordination structure for the Notified Bodies. The principal objectives of this group is are: - to promote mutual confidence and transparency between all approved bodies and the enforcement authorities within the EC. - to achieve a consistent application of the conformity requirements by all approved bodies. - to ensure that full information is available to all interested parties, on the scope and competence of approved bodies and the services provided.
The CPD-GNB, the Construction Products Directive Group of Notified Bodies is supported by two secretariats.
The technical secretary assists the Chairman of the group of notified bodies in his functions. Its main activities are: - To prepare the agenda of the Advisory Group, in collaboration with the Chairman - drafting technical working papers, the reports of these meetings and their recommendations - to collect all useful technical information and, at the request of the Commission services, to format them to allow notified bodies to carry out and co-ordinate their activity in the most effective way; - to propose answers or solutions to the technical problems raised at the meetings of notified bodies; - to take part, at the specific request of the Commission services, in the meetings of the sub- groups of notified bodies (or vertical groups) when they are convened to deal with specific technical questions; - to take part, on invitation, in the meetings organised by the Commission services as well as at the meetings of the inter-sector groups of notified bodies referred to above.
The administrative secretariat provides logistic support to the Group of Notified Bodies (and the Technical Secretariat). It plays a key role in the implementation of the electronic CIRCA system that is specially organized to facilitate distribution of information between all Notified Bodies. 8.8.2 Advisory Group Operating in conjunction with the Sector Groups, the aims and objectives of the Advisory Group are: - to promote mutual confidence and transparency between all approved bodies and the enforcement authorities within the EC;
Performance Based Building and the Construction Products Directive 45 - to achieve a consistent application of the conformity requirements by all approved bodies; - to ensure that full information is available to all interested parties, on the scope and competence of approved bodies and the services provided.
The Advisory Group considers general issues raised by the Sector Groups, by full members and associate members of the Advisory Group itself, by the Commission, or by the Standing Committee. The Group may set up small ad hoc groups to examine specific issues. The Advisory Group comprises full members and associate members. Full members are Notified Bodies or other organisations which have been nominated by Notified Bodies in their respective member states. Associate membership is open to any organisation with a legitimate interest who, in the opinion of full members, is able to contribute positively to the work of the Advisory Group.
The role of the President (or Chair) is to: - chair meetings of the Advisory Group; - fix meeting dates and places in consultation with the Commission and the Technical and Administrative Secretariats; - establish the agenda, taking into account requests from Notified Bodies and in consultation with the Commission; - co-ordinate the elaboration of working documents and recommendations; - direct the work and the discussions within the Advisory Group; - review and finalise the reports of meetings of the Advisory Group; - represent the CPD Group of Notified Bodies in meetings organised by the Commission.
Any representative of a full member body can be nominated for the position of President. The President will normally hold the position for a period of two years. This may be extended for one further term of two years. 8.8.3 Sector Groups The Sector Groups are the most important part of the GNB organisation. Some 23 sector groups have been established, their scopes mainly follow the product families for the mandates to CEN and EOTA. There are two horizontal Sector Groups, one for "Fire" and one for "Dangerous Substances". The latter remains inactive, for the time being.
The aim is to keep notified bodies with similar interests together and to minimise the number of Sector Groups, but without creating Sector Groups with such broad scopes that much of the discussion would be irrelevant to a large proportion of the members. Sector Groups are expected to add detail to harmonised technical specifications in case they do not allow for notified bodies to work equivalently. Where possible, they should liaise with CEN and EOTA to introduce such detail in the harmonised technical specifications. However, in some cases, that will not be possible and not all information relevant for Notified bodies is necessarily suitable for incorporation in the specifications.
All Sector Groups are expected to submit position papers where adequate consensus has been reached to the GNB Advisory Group. All adopted Advisory Group documents of a public nature, are being made available on the European Commission website (http://europa.eu.int/comm/enterprise/nando-is/cpd/home/). Notified bodies must work in accordance with those adopted GNB documents. 8.8.4 GNB Position papers A number of GNB Position papers have been made available on the publicly available EC “Nando” website (see Annex 9).
46 Performance Based Building and the Construction Products Directive
8.9 Accreditation
Accreditation of conformity assessment bodies is being defined as a third-party attestation that a conformity assessment body fulfils specified requirements and is competent to carry out specific conformity assessment tasks. Thus, formal recognition of the conformity assessment body’s competence is provided by an accreditation body.
It is important to differentiate that accreditation bodies assess competence, while certification bodies assess conformity.
Guidance Paper A addresses the use of EN ISO/IEC 17025, EN 45004 (in future EN ISO/IEC 17020), EN 45012 and EN 45011, which are being used to accredit or approve bodies in EU Member States at the moment. These standards do not fully comply with the requirements of Annex IV of the CPD, but the Guidance Paper shows which requirement of Annex IV is fulfilled by particular clauses of the European standards. When approving bodies in accordance with Annex IV of the CPD, Member States can therefore benefit of accreditations according to the European standards, although it must be emphasised that accreditation is not mandatory for approval to perform tasks of the CPD.
The branches of European national accreditation were considered separately by EAC (European Accreditation of Certification) and EAL (European co-operation for Accreditation of Laboratories), but these organisations have joined to form European Accreditation (EA) which covers all European conformity assessment activities: - testing and calibration - inspection - certification of management systems, of products and of personnel - environmental verification under the European Eco-Management and Audit Scheme (EMAS) regulation The Members of EA are the nationally recognised accreditation bodies of the member countries or the candidate countries, of the European Union and EFTA. EA plays a key part in eliminating technical barriers to trade by: - achieving a uniform approach to accreditation throughout Europe - achieving universal acceptance of accredited certificates and reports - building and maintain confidence among nationally recognised accreditation systems - supporting the harmonised implementation of accreditation standards - opening and maintaining the interchange of technical knowledge among MLA signatories and associate members - achieving traceability of measurement - maintaining and developing multilateral agreements (MLAs) within EA itself and with non- member accreditation bodies or regional groups 8.10 CEN/CLC/TC1 and ISO CASCO
ISO CASCO is the Conformity Assessment Committee of ISO (http://www.iso.org). It has produced standards and guides pertaining to conformity assessment organizations and accreditation bodies and their diverse activities. CASCO develops documents jointly with the International Electrotechnical Commission (IEC) and the European Committee for Standardization (CEN), through CEN/CLC/TC1.
CEN/CLC/TC1 and CASCO’s objectives are to study means of assessing the conformity of products, processes, services and management systems to appropriate standards or other technical specifications and to prepare International Guides and International Standards relating to the practice of testing, inspection and certification of products, processes and services, and to the
Performance Based Building and the Construction Products Directive 47 assessment of management systems, testing laboratories, inspection bodies, certification bodies, accreditation bodies and their operation and acceptance. It promotes mutual recognition and acceptance of national and regional conformity assessment systems, and the appropriate use of International Standards for testing, inspection, certification, assessment and related purposes.
Many of CEN/CLC/TC1 and CASCO’s documents (the EN 45000 and EN ISO/IEC 17000-series of documents) are being used as a basis for the designation of third parties in the framework of the CPD. 8.11 Enhancing the implementation of the new approach
In its resolution of 10 November 2003, the Council of the European Parliament invited the European Commission to propose initiatives with respect to notified bodies and notifying authorities.
As far as Notified bodies are concerned, most of the Council’s concerns are already covered in the framework of the CPD. All notified bodies should perform their functions to the same level and under conditions of fair competition. The requirements with which the notified bodies must comply such as exchange of experience, exchange of information related to withdrawal or refusal of certificates and requirements for the cross-border activities of notified bodies are already considered through the Group of Notified Bodies under the CPD. The Council did emphasise that the exchange of information between notified bodies should respect the principle of business confidentiality and should not restrict competition between notified bodies.
For notifying authorities, the Council asked the Commission to consolidate the requirements that bodies involved in the designation, assessment and monitoring of notified bodies have to fulfil. Indeed, the establishment of a forum of Member States' authorities responsible for policy on designation has not been established in the framework of the CPD. Such forum should facilitate the exchange of best practices for the assessment, designation and surveillance of notified bodies. In addition, the Council wants the establishment of an efficient information exchange procedure between designating authorities and accreditation bodies that have assessed conformity assessment bodies in all EEA Member States and other countries to allow a reinforced administrative cooperation.
The development of an on-line notification system, made available by the Commission, with the aim of replacing the existing paper-based system was already envisaged by the Commission and the availability of an updated list of notified bodies is already achieved (the database "Nando" is available on internet).
Accreditation is a very difficult issue and the policy in Member States varies considerably. Therefore, the Council’s request for the development of a more comprehensive policy and guidance for the definition (including its role in the designation procedure) and use of accreditation with the aim of increasing coherence, transparency and co-operation of accreditation services is not only desirable, but also very difficult.
The development of such a policy is to address, in particular, the independence of accreditation bodies from commercial conformity assessment activities and, as a service of general economic interest, the avoidance of competition between different bodies. Consideration is to be given to including such provisions in the general legislative framework for the New Approach. Competition between accreditation bodies is not generally supported, but possibly unavoidable.
48 Performance Based Building and the Construction Products Directive The EC's Senior Officials Group on Standardisation and Conformity Assessment Policy (SOGS) considers the issues the Council identified as needing to be enhanced. It is expected that draft proposals for enhancement will be available at the beginning of 2006.
Performance Based Building and the Construction Products Directive 49
9. EC DECLARATION OF CONFORMIT Y, EC CERTIFICATE AND CE-MARKING UNDER THE CPD
9.1 EC Declaration of conformity
The manufacturer, or his authorised representative in the EEA, is responsible for the conformity of the product at the time it is placed on the EEA market (i.e. the initial action of making a product available on the EEA market, with a view to its distribution and/or use within the EEA).
The EC declaration of conformity contains all relevant information to identify the directives according to which it is issued, as well as the manufacturer, the authorized representative, the notified body, if applicable, the product, and a reference to the harmonised standard(-s) or European Technical Approval. It must be kept for at least ten years from the last date of manufacture of the product.
The content of the EC declaration of conformity has been laid down in EC Guidance Paper D (see §6.5). The standards EN ISO/IEC 17050-1 and –2 have been drawn up with the objective of providing the general criteria for the declaration of conformity, and they can also be used as guidance documents in view of New Approach directives. The declaration may take the form of a document, a label or equivalent, and should contain sufficient information to enable all products covered by it to be traced back to it.
The EC declaration of conformity must be made available to the surveillance authority immediately upon request and must be drawn up in one of the official languages of the European Union.
The declaration is supported by the technical documentation, which is intended to provide information on the design, manufacture and operation of the product. In addition, the technical documentation will also contain evidence that the attestation of conformity requirements have been fulfilled.
9.2 CE Certificate of conformity
In the case of attestation of conformity systems 1+, 1, 2+ and 2, the notified certification body needs to issue a certificate of conformity. In case of systems 1+ and 1, it is a product certificate, while for system 2+ and 2, it is called an FPC Certificate of conformity. The CE Marking does not refer to the FPC certificate in case of attestation of conformity system 2.
Notified bodies have generally an obligation to inform the other notified bodies and the national surveillance authority about all certificates suspended or withdrawn and, on request, about certificates issued or refused.
9.3 CE Marking
The CE Marking symbolises that the product in question is in conformity with all applicable provisions (or requirements) of the applicable directive(s) that provide for CE Marking (essential requirements, harmonised standards and specific dispositions), and that the product is subject to the appropriate conformity assessment procedure(s) contained in the directive(s).
In the case of the CPD, the CE Marking indicates that the product complies with the relevant national standards transposing the harmonised standards, or a European technical approval, or one of the national technical specifications referred to in Article 4(3), and that the system of
50 Performance Based Building and the Construction Products Directive attestation of conformity laid down in the Commission Decision relating to the product is being applied.
The scope of the CE Marking regime is laid down in the relevant harmonisation directive(s), and can only be applied by the legal entity responsible for the conformity of the product. In the case of the CPD, the CE Marking is only permitted for products covered by a harmonised standard or an ETA. It is the manufacturer, or his authorised representative established in the EEA, that takes responsibility for affixing the CE Marking.
Where products are subject to other directives concerning other aspects and which also provide for CE Marking, the latter shall indicate that the products also conform to the provisions of those other directives. Where one or more of these directives allow the producer, during a transitional period, to choose which arrangements to apply, the information accompanying the CE Marking must clearly record the directives that have been applied.
The CE Marking is the only marking which indicates that the products conform to the directives based on the principles of the New Approach. It must replace any conformity markings having the same scope as the CE Marking, which possibly existed in the national laws, regulations and administrative provisions of Member States before harmonisation occurred. The CE Marking is neither a mark of origin, indicating "made in the EEA", nor a quality mark.
The CE Marking must be affixed visibly, legibly and indelibly, with the form as described in Council Directive 93/68/EC and Council Decision 93/465/EC, and must be easily accessible for the market surveillance authorities. In the case of the CPD, the CE Marking must be affixed on the product itself, on a label attached to it, on its packaging, or on the accompanying commercial documents. The technical specifications specify which option applies.
9.4 Information accompanying the CE Marking
The CE conformity marking consists exclusively of the letters "CE" in the specified form followed by the identification number of the notified body, where applicable. However, Annex III 4(1) of the CPD, as amended, requires that the CE Marking is accompanied by the following additional information: - the name or identifying mark of the producer, - the last two digits of the year in which the marking was affixed, and - where appropriate, the number of the EC certificate of conformity, and, - where appropriate indications to identify the characteristics of the product on the basis of the technical specifications. EC Guidance Paper D adds specific information and manufacturers must take into account the specific information provided in each harmonised technical specification.
If the technical specification calls for one or more harmonised performance characteristics, or durability aspects, to be evaluated and the result declared for a given intended use, the information accompanying the CE Marking shall include an expression of the determined performances of these characteristics9. The latter must permit the use of the "no performance determined" option in cases where the producer intends to place the product on the market of countries that do not have existing regulations requiring one or more characteristics for a particular intended use.
Only information not explicitly identified by the reference to the technical specification itself need be provided with the CE Marking. In addition, where extra indications are necessary, specification
9 For ETAs, this is not always the case, as the CE Marking refers to a product and manufacturer specific ETA containing that information.
Performance Based Building and the Construction Products Directive 51 writers may attempt to reduce the quantity of information to be provided by the use of "codified" formats or designations. 9.5 Enhancing the implementation of the new approach
In its resolution of 10 November 2003, the Council of the European Parliament invited the European Commission to propose initiatives regarding a campaign to better promote and clarify the meaning of the CE Marking and its relation to voluntary marks and to introduce measures on the protection of the CE Marking.
At the moment, industry shows interest in making information accompanying the CE symbol available on websites, rather than on the marking itself. This is quite understandable, since contrary to most other New Approach directives, the CE Marking under the CPD may involve a lot of information, which may not, or not easily be reproducible on a marking attached to the product. The European Commission has not officially permitted manufacturers to use this new option.
This document aims at promoting the meaning of the CE Marking under the CPD. 9.6 Manufacturers, authorised representatives, importers and distributors
Where there is a single manufacturer producing a construction product using an established standard manufacturing process from basic raw materials to placing the product on the market, then the responsibilities of the manufacturer and the Notified Body, if involved, are straight forward. However, in the construction sector, there are a significant number of situations where the supply chain includes other ‘actors’, e.g. sub-contractors of components and complete products, importers and distributors, where the responsibilities of the ‘actors’ and of the Notified Bodies may not be that clear and are not addressed in harmonised standards.
The CPD itself only considers the role of the manufacturer and his authorised representative. The EC Guide to the implementation of directives based on the New Approach and the Global Approach, which considers all New Approach Directives, and the EC Directive 2001/95/EC, the General Product Safety Directive, define the manufacturer's and distributor's roles.
In the framework of the New Approach, the manufacturer is: - The manufacturer of the product, when he is established in the Community, and any other person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product; - The manufacturer's representative, when the manufacturer is not established in the Community or, if there is no representative established in the Community, the importer of the product; - Other professionals in the supply chain, insofar as their activities may affect the safety properties of a product;
By contrast, a distributor is any professional in the supply chain whose activity does not affect the safety properties of a product, while a supplier is an entity that supplies materials or products without placing them on the market, i.e. an entity that supplies goods to the manufacturer, responsible for designing and manufacturing a product with a view to placing it on the EU market An authorised representative is an EU established entity, appointed by the manufacturer to act on his behalf and recognised as such. The manufacturer remains responsible for the actions of the authorized representative under the CPD. An importer, who places a CE Marked product on the market, is a distributor who takes a product from a third country and places it on the EU market. If he places on the market products that have not been CE Marked yet, he becomes a manufacturer in the framework of the CPD.
52 Performance Based Building and the Construction Products Directive These definitions clarify the responsibilities as far as CE marking construction products is concerned: - Distributing a CE marked product, but not affecting the essential characteristics. A distributor buys in a packaged product, e.g. on a pallet, in a box, etc, and sells it to others without affecting its essential characteristics. The CE Marking is that of the manufacturer. The distributor is responsible for taking care that the packaging is not damaged and that the storage conditions defined by the manufacturer are respected (temperature, humidity, ...), i.e. the responsibility of the ‘distributor’ is limited to maintaining the integrity of the product and producing associated documentation as necessary for local use. - Repackaging and CE marking without affecting the essential characteristics. When a CE Marked product is repackaged, without its essential characteristics being modified (e.g. by transferring from a vat of 200 litres to 1 litre bottles, or by affixing a new label with his own brand name to the product and not referencing the original manufacturer who CE-marked the product), the entity responsible for repackaging is a manufacturer under the CPD. If the manufacturer does not want to refer to the original CE Marking, he has to apply a new CE Marking to his products making use of the original manufacturer’s declared values, and to use a Notified Body, if required. In this case, the key element for CE marking is traceability. The Notified Body should consider that the product complies with the CPD, based on the original manufacturer’s CE Marking, and check primarily that the repackaging manufacturer has taken all necessary measures and procedures to ensure that the properties of the product were not altered by repackaging. The repackaging manufacturer must always be able to prove the product he repackaged was CE Marked by the original manufacturer by showing a correspondence between the branded product he places on the EU market with his CE Marking and the CE Marked batches from the original manufacturer. The traceability has to be fully guaranteed. - Changing the properties of a CE marked product. If a manufacturer buys in a product and changes its properties before selling the product, he becomes a manufacturer under the CPD and must CE Mark the product as he places the product on the market. He should meet all requirements, including FPC, in accordance with the technical specification.
Performance Based Building and the Construction Products Directive 53
10. MARKET SURVEILLANCE
10.1 General
Enforcement of EU legislation is an obligation of Member States. Article 5 of the EU Treaty requires Member States to take all appropriate measures to ensure fulfilment of their obligation arising out of the Treaty. Market surveillance is an essential tool for enforcing New Approach directives. The purpose of market surveillance is to ensure that the provisions of applicable directives are complied with across the European Union. The level of protection related to the Essential Requirements required under the CPD remains the responsibility of the Member States.
The obligation for market surveillance is complementary to the provision of the New Approach directives that requires Member States to allow free movement of products, which are in compliance with the requirements. This obligation also corresponds to the right of Member States to challenge, under the safeguard clause (see §4.8), the free movement of substantially non- compliant products.
10.2 Market surveillance authorities
Member States must nominate or establish authorities that are responsible for market surveillance. Market surveillance authorities should have the necessary resources and powers for their surveillance activities, i.e. to monitor products placed on the market and, in case of non- compliance, to take appropriate action to enforce conformity. As regards personnel resources, the authority needs to have, or have access to, a sufficient number of suitably qualified and experienced staff, which has the necessary professional integrity. To guarantee the quality of the test data, the testing facility used by the authority should comply with the criteria mentioned in the directives. Furthermore, the authority should carry out market surveillance respecting the principle of proportionality, e.g. actions must be in accordance with the degree of risk or non-compliance and the impact on the free circulation of products may not be more than is necessary for achieving the objectives of market surveillance.
Notified bodies are not to be confused with market surveillance authorities. Market surveillance is the responsibility of public authorities. This is, in particular, to guarantee the impartiality of market surveillance operations. The surveillance authority can subcontract the activity of monitoring products placed on the market to another impartial body, if the authority remains fully responsible for the activity itself, in particular for legal actions, and takes all decisions on how, where and when the operations will take place. Basically, notified bodies should be excluded from all market surveillance activities to make a clear distinction between conformity assessment (i.e. operations taking place before the product is placed on the market) and market surveillance (i.e. operations taking place after the product has been placed on the market), and to avoid a conflict of interest. If a notified body and a market surveillance authority come under the same superior authority in a Member State, the lines of responsibility must be organised in such a way as to ensure the independence of market surveillance from conformity assessment.
10.3 Subsidiarity principle
Each Member State can decide the infrastructure of market surveillance, e.g. there is no limitation to allocate responsibilities between authorities on a functional or geographical basis as long as surveillance is efficient and covers the whole territory. As a result, the legal and administrative
54 Performance Based Building and the Construction Products Directive market surveillance infrastructures differ from one Member State to another. This requires special efforts so that an equivalent level of protection can be ensured throughout the European Union, in spite of the competence for market surveillance being limited to each Member State’s territory.
New Approach directives include certain provisions that require Member States to inform the Commission or the other Member States, but usually nothing on the confidentiality or transparency of information obtained during market surveillance operations. Consequently, rules on confidentiality are based on the national legal systems, and therefore vary between Member States. However, information on activities underway that concern individual economic operators should generally be considered as confidential. If a product is withdrawn from the market of a Member State, then this Member State has to inform as soon as possible the Commission stating the reason for this action.
10.4 Administrative co-operation
Greater transparency on the way Member States manage market surveillance is crucial in order to build up confidence in the CE Marking. Administrative cooperation between national Market Surveillance authorities will lead to mutual understanding and more equivalent procedures.
For other directives, initiatives in this direction have already been taken. The Standing Committee of the Machinery directive (98/37/EC) has had a Mutual Joint Visit programme for the national market surveillance authorities in 1999. A European market surveillance group was established in 1998 in the area of recreational crafts. An EMC Administrative Co-operation Working Group (EMC-ADCO) was established in March 1996. The LVD Administrative Cooperation Working Group was established in November 1997. PROSAFE (Product Safety Enforcement Forum of Europe) deals with general product safety and toy safety. It is an organisation established entirely by enforcement officers throughout Europe, dealing with the safety of consumer products. No such action has been taken for the CPD.
From the point of view of product safety the most important European-wide information system is the Rapid Alert Information System on Dangerous Products (RAPEX). RAPEX is the European Union’s official notification system on hazardous products. Participation is mandatory for all EU Member States. The European Commission is notified of the details of products found to present a risk and therefore banned from the market in any of the member states. The EU Commission then relays this information to all members. A corresponding "TRAPEX" system was first set up in May 1999 for EU candidate countries. With financial support of the European Commission, a European internet based market surveillance system has been set up (http://www.icsms.org).
In the context of fair trading, possible proposals to provide for a legal basis for enforcement co- operation should be considered for the CPD as well. Improved cross-border enforcement co- operation will be particularly important in the context of EU enlargement and the need to strengthen the new external frontier controls that will follow from it. 10.5 Enhancing the implementation of the new approach
In its resolution of 10 November 2003, the Council of the European Parliament invited the European Commission to consider with Member States essential requirements defining the objectives to be achieved by the Member States with regard to market surveillance and to introduce in New Approach legislation a framework for the relevant administrative co-operation, including the exchange of information among Member States and to improve the safeguard clause procedure foreseen in the New Approach legislation in order to increase transparency and to reduce processing time, with the aim to make it more efficient and uniformly applied and to draw on expertise available in Member States.
Performance Based Building and the Construction Products Directive 55
At present, the safeguard clause has not been used in the framework of the CPD, but administrative co-operation between market surveillance authorities is necessary, as it is obvious that: - most Member States only have a reactive market surveillance policy, if any - without information exchange the market surveillance authorities will enforce CE Marking under the CPD differently.
56 Performance Based Building and the Construction Products Directive
11. THE STANDING COMMITTEE FOR CONSTRUCTION
11.1 The Committee
Many New Approach directives provide for a Standing Committee, which may assist the Commission delivering its opinion on the draft measures proposed to implement the provisions of the relevant directive and examine any matter relating to the implementation and practical application of the directive. The CPD has set up the “Standing Committee on Construction” (SCC).
Members of the SCC are representatives of the Member States; a representative of the Commission chairs the SCC. Observers such as representatives of EFTA-Member States, of European federations of contractors (FIEC) and construction product manufacturers (CEPMC), of the Group of Notified Bodies (GNB), of CEN/CENELEC and EOTA are invited to the meetings.
The SCC may examine any question in the context of implementation and the practical application of the CPD. In some cases, the decisions are prepared in the Preparatory Group of the SCC, consisting of experts of Member States and invited experts of industry and specification writers, or in SCC working groups (see 11.3).
The SCC deals in particular with: - the issuing of the Interpretative Documents; - the mandates for products to the specification-writers CEN /CENELEC and EOTA; - the decisions on the systems for attestation of conformity for the different products; - the drafting of Guidance Papers to state the common opinion of Member States and the Commission for questions regarding the implementation and practical application of the CPD; - decisions for regulatory classes (behaviour in fire) and for CWFT - the duration of co-existence periods - consultation on ETA-Guidelines
In general, the SCC is a consulting body to the Commission, but for certain items indicated in the CPD the SCC is regulatory body. The items concerned are: - The approval of the Interpretative Documents - The establishment of classes for requirements - The decisions on systems of attestation of conformity - The recognition of national specifications (not used so far)
The European Commission makes a lot of information available about the Construction Products Directive and its implementation on its website (http://europa.eu.int/comm/enterprise/construction/index.htm).
11.2 Interpreting the directive
The European Commission is responsible for the implementation, but it is supported by the SCC to interpret the directive. During its activities, it has tackled a number of issues, and the SCC’s conclusions have been used to solve similar problems. 11.2.1 Off the shelf, made to measure and products made in response to design Although the CE Marking of structural products is not different from that of other construction products, the SCC recognised various ways in which products can arrive on the market in the
Performance Based Building and the Construction Products Directive 57 framework of addressing structural products: - “off the shelf” products, i.e. predetermined size and characteristics etc, - “standard” made to measure products, i.e. standard “types” tailored to meet a client’s specific needs - products made in response to design by a third party, i.e. specifications and drawings supplied to the producer
These are construction products within the scope of the CPD and they are clearly placed on the market as they are made available for use on the basis of an underlying legal transaction. The provisions of the CPD therefore apply to all types of the products described above. The Article 13(5) does not apply to these products, as this type of product is nearly always produced in a facility geared up for series production. In any case, the types of structural elements under consideration here play an important role with respect to safety.
In this case, the CE Marking indicates that the product complies with a technical specification as defined by Article 4(2) of the CPD (hEN or ETA). Therefore, the technical specifications should be drafted in such a manner as to recognise the different types of product mentioned above and to ensure that the various responsibilities of the designer / specifier / producer with respect to the CPD are not confused. Producers shall only be required to declare, i.e. take responsibility for, those characteristics that are within their control. 11.2.2 Products that undergo a significant change between the product that is placed on the market and the one installed Some products undergo a significant change between the product that is placed on the market and the one installed. The installed product has performance characteristics addressing essential requirements that are regulated, but the product put on the market, does not (e.g. paints, plasters, foams, …).
The SCC discussed the treatment of thermal insulation products foamed in-situ, e.g. polyurethane foam systems for cavity wall insulation, in relation to the CPD, i.e. it considered what the product that is actually placed on the market is and whether it is subject to CE Marking. The SCC decided that: - The producer is the legal entity that markets a product (in-situ foam) with a claimed performance. - The CE Marking refers to the (potential) performance characteristics of the product , as intended to be once installed, but does not cover the installation phase. - FPC refers to the correct formulation of the “kit” of chemicals, not to the installation equipment. - National rules govern the installation phase as usual 11.2.3 Extreme conditions There are specific requirements for the construction products that are installed in areas located in either elevated altitude, and/or high latitude. These provisions concern the products’ behaviour when they are exposed to very low temperatures (e.g. down to -40°C). It may concern several characteristics, such as freeze/thaw resistance of porous construction materials, elasticity of products, etc.
The difficulty is that for most uses in Europe, assessing products under such severe conditions, is not necessary, and it may take a considerable amount of time to adjust test methods to verify severe conditions and to set appropriate criteria (or classes and levels).
The SCC decided to allow smooth compromise solutions, as temporary exceptions for the first generation of harmonised product standards. These solutions could be:
58 Performance Based Building and the Construction Products Directive - to set up classes, in conformity with the provisions of the CPD Article 3(2) or use categories. - to recognise the use of corresponding National and/or Regional test standards (e.g. Nordtest). The reference to a National specific test method in a product specification is allowed as far as the CEN rules are concerned. This should not lead, however, to the procedure laid down in the CPD Article 4(2)c - to define different “types” of products, i.e. those resisting “normal” temperatures, and those resisting very low/high temperatures. This would imply careful editing of the product specifications, so that any discrimination is avoided. - a case-by-case solution, that should be made acceptable for the Regulators concerned, implying close contacts with the Regulators concerned. 11.2.4 The virtual kit The EC Guidance Paper C, explains the concepts of products, kits and assembled systems. Harmonised technical specifications cover products or kits, but for the assessment of some characteristics, products can only be considered as parts of assemblies, i.e. the product under consideration and some other construction products. Although the case studied by the SCC applied to fire resistance, it also applies to characteristics like impact resistance and airborne sound insulation.
In the case handled by the SCC, The product under assessment is only a board, and the manufacturer voluntarily chooses the possibility of submitting the product to a fire resistance assessment using the appropriate "characterisation" testing and assessment process, e.g. detailed in the relevant part of ENV 13381, which were developed under mandate from the EC for this purpose, and are linked to requirements in the Eurocodes.
The SCC agreed that manufacturers should refer to other generic (by presenting detailed specifications or by specifying minimum requirements) or specific (trade name, type) components required to assemble the product into an assembly, e.g. anchors, supporting frame and joint material. The corresponding ETA would specify the scope of the fire resistance performance for the assembly, possibly by simply referencing the fire resistance classification report, incorporating the product and the CE Marking does likewise (by reference to the ETA), in case of harmonised standards, the CE Marking or the accompanying documents would need to present this kind of detail.
To meet EEA Member States' regulations for fire resistance, the technical specification provides a solution for the majority, but not all intended applications of the product. 11.2.5 Dispatching centres The control of cement dispatching centres falls within the market surveillance obligations of the Member States (e.g. Article 15(1) of the CPD), rather than the attestation of conformity procedures for CE Marking, as it relates to cement that has already been placed on the EEA market by the producer or his authorised representative.
However, adoption of differing national provisions in the Member States to fulfil these obligations could have adverse consequences on the internal market for cement.
Therefore, the SCC agreed: 1) to introduce “harmonised” national provisions relating to the control of cement dispatching centres, referring to the rules provided in Clause 9 of EN 197-2; and 2) to make use of the certification bodies notified under the CPD, in relation to the attestation of conformity of cement, to carry out any third party tasks required for dispatching centres. This agreement is not legally binding however.
Performance Based Building and the Construction Products Directive 59 11.2.6 Site-mixed and ready-mixed concrete In 1998, the SCC considered whether ready-mixed concrete should be CE Marked. There are many ways in which contractors obtain and prepare site or ready-mixed concrete: - on site, with or without automated equipment for his own use - off site with automated equipment for his own use - purchase ready-mixed concrete for his own use.
The SCC considered that the minutes of the meeting during which the CPD was adopted provided for concrete for own use to be excluded from the scope of the CPD. It aimed at excluding freshly- mixed concrete, made on site by the contractor, as the production of site-mixed concrete comes under the definition of works, while its industrial production comes under the definition of products.
In the end, the SCC voted on a decision for a mandate including admixtures, additives, fibres and repair products only. Concrete, mortars and grouts were excluded from it whilst awaiting clarification from the Legal Services of the Member States. The topic has not been discussed since.
Therefore, at least for the time being, EN 206-1 "Concrete – Part 1: Specification, performance, production and conformity" is not a harmonised standard and CE Marking is impossible. Nevertheless, prefabricated concrete products will of course be CE Marked.
11.3 Construction Working Groups and consultants
11.3.1 EC Consultants to CEN and EOTA The European Commission supports both CEN and EOTA in the development of harmonised technical specifications, through consultants that assist CEN Technical Committees and EOTA Working Groups.
Their tasks are the following: - To ensure the understanding of the Essential Requirements (ER) of the Directive concerned - To provide guidance to CEN or EOTA on the development of harmonized standards or ETA- Guidelines - To check the conformity of the provisions of the draft standard or ETA-Guideline with the work programme established by CEN or EOTA, as a response to the relevant CPD Mandate(-s) - To check for possible gaps and/or overlap with other technical specifications or draft technical specifications
The EC Consultants to CEN have developed a number of guidance documents that are available to CEN Technical Committees, e.g. regarding the Annex ZA, evaluation of conformity, … 11.3.2 EC-CEN Task Force The objective of the Task Force is to speed up the development of harmonised product standards in CEN. Members include the Commission Services, CEN Management Centre, CEN Technical Board (BT) Members, National Standardisation Bodies' Contact Points for construction, the CEN Consultants and is chaired by the CEN Construction Sector Rapporteur.
The EC-CEN Task Force is to: a) identify, from the existing answers to mandates under the CPD, problems which could retard the adoption of the standards. b) visit AFNOR, BSI, DIN, IBN/BIN and UNI in order to identify with the help of CEN/TC chairmen and secretaries obstacles (needs for research, difficulties with test methods not common to Industry, interpretation of the Mandates, procedures, etc.) to the
60 Performance Based Building and the Construction Products Directive adoption of candidate harmonised standards. c) make proposals as to how these problems and obstacles should be overcome, and make recommendations on the form and distribution of such solutions. 11.3.3 EC Fire Regulators Group (FRG) – EC Expert Group on fire behaviour The FRG was a technical working group of the Standing Committee on Construction (SCC) set up under the CPD. The role of the FRG was to assist the SCC in the interpretation of the Directive in matters relating to fire safety.
The FRG was an organisation of specialists in fire safety, including EEA National fire Regulators, incl. representatives from Switzerland and candidate countries, National fire laboratories, industry represented by CEPMC, standardisation bodies, EOTA, the Fire sector group of Notified Bodies and CEN/TC127, the horizontal CEN technical committee preparing the fire test method and classification standards. The FRG was replaced in 2004 by an EC expert group, supporting the EC, rather than the SCC, on the subject of fire behaviour. Classified without further testing (CWFT) expert group This FRG expert group has been established to assess, on a case-by-case basis, the classification of products in relation to fire behaviour, such that the class could be included in the CE Marking with no further testing necessary. This is applicable to known and stable products only.
CWFT lists are being established by Commission Decision(s) in consultation with the Standing Committee on Construction (SCC). The Fire Regulators Group (FRG), advised by its CWFT Working Group made up of representatives of regulators, CEPMC, a Notified Bodies Group representative, a representative of CEN/TC127/WG4, and CEN and EOTA representatives (invited for specific cases), considered all requests made and forward recommendations onto the SCC for final opinion.
“Classified without further testing” (CWFT) corresponds to the definition “Products which have been proven to be stable in a given European class (on the basis of testing to the appropriate EN test method(s)) within the scope of their variability in manufacture allowed by the product specification (harmonised standard or ETA), and when evaluated for the influence of other possible variations, that may occur outside the scope of the specification, which may have an impact on their fire performance.” CWFT is a list of generic products, not a list of proprietary products. It is likely that this CWFT group will be reconvened as a part of the EC's expert group. 11.3.4 Eurocodes National Correspondents (ENC) In 1975, the Commission of the European Community decided on an action programme in the field of construction, based on article 100 of the Treaty. The objective of the programme was the elimination of technical obstacles to trade and the harmonisation of technical specifications. The structural design codes were called "Eurocodes". The Eurocodes intend to provide a set of rules for the design of buildings and civil engineering works.
When the CPD was launched, the EC decided to transfer to CEN the responsibility for the production of the Eurocodes, through a Mandate agreed upon and controlled by the Standing Committee on Construction (SCC).
The Eurocodes are indirectly linked to the implementation of the CPD as they will be : - a means to prove the compliance of design works with the Essential Requirements (ER) - a means for specifying harmonised contracts by drawing up harmonised technical specifications for construction products. and they may also be considered as directly linked to the CPD when they provide design as an alternative to testing for some product characteristics.
Performance Based Building and the Construction Products Directive 61
Besides, the future use of the Eurocodes will also meet the requirements the Public Procurement Directive on works (see §3.8.4 and §14) which, along with the CPD, intends to remove any kind of trade barriers among the Member States. Some experts believe that the Eurocodes are intended to fully replace the National Design Standards, not only at the level of the national regulations, but also within the training and education programmes of all professionals of the construction sector.
CEN/TC250 was created in 1990 specifically for the preparation of the Eurocodes. This TC has been divided into nine sub-committees (SC), one per Eurocode, and three Horizontal Groups (for Terminology, Fire and Bridges).
At a first stage (1990-95), it was decided that the Eurocodes would be first published on an experimental basis, called “ENV”, that had to be tested by the Member States for a minimum two year period. Then, the SCC, at its 32nd meeting in November 1995, decided to adopt the principle of conversion of ENVs into ENs, following priorities. Two years later, at its 39th meeting on October 1997, the SCC gave a positive opinion to the issuing of the 3rd addendum to the original Mandate 10-90. This addendum is related to the EC financing of the conversion of all 64 ENVs into around 60 ENs, divided into priority groups. The first EN-Eurocodes have been made available now.
A Recommendation from the Commission to encourage EU Member States to use the Eurocodes was published in 2003. Member States should accept that the designs of construction works in accordance with the Eurocodes, fulfil all essential requirements of the works linked to mechanical resistance and stability. The Eurocodes allow a Member State to fix the safety factors linked to their specific geographical and climatic conditions or levels of safety.
This Recommendation and the increasing use of the Eurocodes should contribute to the free circulation of services, design engineering in particular. This will provide a means to assess the performance of structural products using calculations that will contribute to the free circulation of the structural products. 11.3.5 Construction Products in contact with drinking water (RG-CPDW) To assure that water intended for human consumption respects the necessary quality requirements, the European Parliament and the Council have adopted the Directive 98/83/EC on the quality of water intended for human consumption (Drinking Water Directive). The Directive sets a high level of protection of the European citizen by outlining specific requirements that the water at the consumer's tap must comply with.
The quality of a water supply system can be significantly influenced by, among other factors, the performance of products used for the construction of water supply systems. In order to ensure that such products will not have unacceptable effects on the quality of water intended for human consumption, several Member States operate various national acceptance schemes. The products are subjected to testing and the decision for their acceptance is based upon national acceptance criteria. This regulatory framework varies significantly among the Member States and the differences constitute important barriers to trade for construction products, which are legally placed on the market in other Member States.
The CPD also covers products used for the construction of water supply systems. However, the existing significant differences between the national regulatory provisions of the Member States for construction products used in the water supply systems do not allow the elaboration of European specifications as foreseen in the CPD. The SCC and the Standing Committee on Drinking Water agreed to establish a European Acceptance Scheme (EAS) for construction products in contact with water intended for human consumption and entrusted the Commission with the task to co- ordinate the work and to elaborate the necessary proposals.
62 Performance Based Building and the Construction Products Directive
The Regulators Group on these products (RG-CPDW) proposed all actions to be undertaken to reach a fully operational EAS. In particular, the RG-CPDW identified which part of the process could be awarded to the CEN (or EOTA) through well defined technical specifications. The corresponding decisions will be taken, at the qualified majority, by the relevant regulatory committee, either the SCC, or the SCDW. The EAS is expected to be operation in a few years time. Similar to the FRG, the EC disbanded the RG-CPDW and replaced is by an EC expert group on construction products in contact with water intended for human consumption.
Performance Based Building and the Construction Products Directive 63
Part B – Beyond the Construction Products Directive
64 Performance Based Building and the Construction Products Directive
12. VOLUNTARY INITIATIVES
12.1 The meaning of CE Marking
In its resolution of 10 November 2003, the Council of the European Parliament, addressed the need to promote and clarify the meaning of the CE Marking and its relation to voluntary marks.
In the European construction sector a large number of voluntary initiatives have been taken, considering product performances not covered by CE Marking and/or higher conformity attestation systems than those foreseen by the CPD. Some of the initiatives have been launched by the European Commission (the Eco-label), while others have the active support of the EC (the Keymark for Thermal solar products) or are entirely market initiated and driven.
At least for the time being, CE Marking does not seem to solve or address all issues that the construction sector needs. 12.1.1 CE Marking: minimum compliance with regulatory requirements?
Especially in the framework of the CPD, the meaning of the CE Marking deserves explanation. The basis for affixing the marking is necessarily a product or product family specific specification and, depending on the importance of the part played by the product with respect to the essential requirements, in particular those relating to health and safety, the nature of the product, the effect of the variability of the product's characteristics on its serviceability and the susceptibility to defects in the product manufacture, the attestation of conformity system varies from manufacturer’s declaration to (third party) product certification.
Therefore, the meaning of CE Marking under the CPD depends on the product or product family under consideration, i.e. whether the CE Marking under the CPD covers only the bear minimum compliance with regulatory requirements, or much more, cannot be generalised.
12.1.2 CE Marking: intended for who?
The CE Marking affixed to industrial products symbolises the fact that the natural or legal person having affixed, or being responsible for the affixing of the CE Marking has verified that the product conforms to all the European Union harmonization provisions which apply to it and has been the subject of the appropriate conformity evaluation procedures. The CE Marking is to be used in order to facilitate controls on the EU market by inspectors and to clarify the obligations of economic operators in respect of marking under the various EU regulations.
In other words, the CE Marking is a regulatory marking, indicating conformity with legal provisions and intended to facilitate authorities’ market surveillance tasks.
12.1.3 Market access and market acceptance
As such, the CE Marking ensures internal market access. It is not intended to try and meet users’ - i.e. specifiers, contractors and consumers – requirements. Therefore, CE Marking does not necessarily provide market acceptance. Moreover, manufacturers may want to differentiate products by attesting conformity with more than only the legal requirements (e.g. use of management systems, meeting high performance requirements, ecological or societal issues).
Under EU legislation, voluntary initiatives, such as product certification or application of a quality system, cannot be put on the same footing as surveillance activities carried out by an authority. Therefore, certified compliance with e.g. EN ISO 9001, cannot replace the attestation of conformity
Performance Based Building and the Construction Products Directive 65 system foreseen in the framework of the directive, but it can contribute to the elimination of risks.
However, market surveillance authorities must be impartial, in the light of Article 28 of the EU Treaty, regarding all voluntary marks, labels and arrangements, and they may only be taken into consideration, in a transparent and non-discriminatory way, for the risk assessment. Accordingly, products may not be excluded from market surveillance operations even if they have been subject to voluntary certification or other voluntary initiatives.
12.1.4 Legal provisions for voluntary initiatives The CE Marking replaces all mandatory conformity markings having the same meaning, which existed before harmonisation took place. Such national conformity markings are incompatible with CE Marking and would constitute an infringement of the applicable New Approach directives.
The affixing of legal marking (such as a protected trademark of a manufacturer), or of acceptable (not mandatory) attestation and other marks additional to the CE Marking, is allowed to the extent that such markings or marks do not create confusion with the CE Marking, and that they do not reduce the legibility and visibility of the CE Marking. This confusion may either refer to the meaning or form of the CE Marking.
12.2 European voluntary initiatives
From a manufacturer's point of view, one product should be acceptable for all intended markets. It would certainly reduce design, production and inventory costs. Economically, mutually recognised conformity assessment procedures (testing, test reports, inspection, certification) would be beneficial. Moreover, products would obtain access to the market faster. Therefore, in those cases where additional voluntary initiatives are taken, these should be European or, why not, even world-wide initiatives, where possible.
12.2.1 The EU Eco-label The overall objective of EU policy on the environment and business is to contribute to sustainable development. The EU eco-label scheme, as laid down in the EC Regulation No 1980/2000, is a voluntary scheme enabling European consumers including public and private purchasers to easily identify officially approved green products across the European Economic Area (EEA).
The aim of the EU eco-label scheme is to award an Eco-label to products and services with reduced environmental impacts. The scheme is voluntary and the criteria are established for individual product groups, such as paper products, textiles, detergents, paints and appliances such as refrigerators or dishwashers. Ecological criteria for each product are defined on the basis of life cycle considerations (LCC) taken from a "cradle-to-grave" view of the environmental impacts of a product group.
This means that key environmental aspects, for which criteria will need to be developed, are defined through the use of LCC. Such LCC mean that the complete life-cycle of a product or a service will be looked at in detail, starting with the extraction of raw materials, progressing through the production, distribution and use phases and ending with disposal after use.
Proposals for the definition of product groups and ecological criteria are made either on the request of the European Union Eco-labelling Board (EUEB) or by the Commission. The Commission gives a mandate to the EUEB (lead Competent Body) to develop or review the eco-label criteria. On the basis of these mandates the appropriate EUEB member, supported by a working group and the Commission will draft appropriate eco-label criteria and the assessment and verification requirements related to these criteria. The Competent Body will take into account the results of
66 Performance Based Building and the Construction Products Directive feasibility and market studies, life cycle considerations and an improvement analysis. A regular feed-back process to the whole EUEB is ensured.
Finalised criteria are submitted to the Regulatory Committee of national authorities and voted upon. If the Committee takes a favourable view of the proposal, the Commission proceeds with its adoption and publication. Otherwise, the Committee submits the proposal to the Council of Ministers for decision.
Each EU Member State has designated a Competent body which is responsible for receiving applications from manufacturers, retailers, service providers or importers for the award of the Eco- label to their products and services. The Competent Body decides on standard application forms with explanatory notes based on the product group definitions and ecological criteria which have been adopted. Each decision to award an Eco-label is in the hands of a Competent Body, who in the cases where the same product is marketed in other countries, will consult other Competent Bodies.
A successful applicant is required to sign a contract with the Competent Body for the use of the mark (a Flower) for the remaining period of validity of the ecological criteria. The Competent Body charges a certain fee for the application and the annual use of the Flower logo. The award of the Eco-label means that successful applicants are permitted to use the official Flower logo on their approved product.
For the time being, only indoor paints and varnishes and hard floor coverings are construction products that can be eco-labelled, but wallpaper, air conditioning and heating systems, insulation and building components are on a non-exhaustive short list of construction products considered to be "priority" product groups.
A central database of Eco-labelled products can be consulted on internet (http://www.eco- label.com). Specific reference to the ECO-label is being made in the proposed new Public Procurement Directive (see §14). 12.2.2 The CEN/CENELEC Keymark Economic partners seeking to demonstrate conformity of products to European standards adopted by CEN/CENELEC may use the CEN/CENELEC European Mark System, through which a European harmonised service of third party product certification is operated by empowered organisations under the auspices of CEN/CENELEC.
This mark was established in the context of the Council Resolution of 18 June 1992.
This harmonised service is gouverned jointly by the CEN Certification Board (CCB) and by the CENELEC Conformity Assessment Forum (CCAF). A CEN/CENELEC Certification Liaison Committee assures the overall co-ordination between CCB and CCAF.
The CEN/CENELEC Keymark is granted after the satisfactory completion of a technical procedure, described in the rules for the relevant CEN/CENELEC European Mark Scheme, and comprising product conformity tests, manufacturer's quality system assessment for the related production line, production site inspection and market surveillance.
Almost 170 European Standards for 30 different products are now available on the basis of which manufacturers can apply for the Keymark. Most of these are construction products (Air admittance valves, Decorative high-pressure laminates, elastomeric seals, fibreboards, floor heating, gully tops and manhole tops, particle boards, plastics piping systems, radiators and convectors, road marking materials, roofing tiles, sanitary tapware, solar thermal products, structural timber, thermal
Performance Based Building and the Construction Products Directive 67 insulation products for buildings and vitrified clay pipes, fittings and joints). Almost 20 certification bodies in 12 European countries have been allowed to grant the Keymark. There is no central database of Keymarked products, but the Scheme group for Thermal insulation products covers over a thousand products. Its database can be consulted on internet (http://www.key-mark.org).
There is however criticism about some major aspects of the CEN/CENELEC European Mark System: - CEN and CENELEC have adopted similar, but slightly different scheme rules. - The specific product schemes are based on existing national schemes. The first interested certification body establishes the rules and harmonisation starts when additional certification bodies become involved10. - Consequently, the product specific rules are different from product to product, which causes confusion for users. - The system foresees that manufacturers do not only affix the Keymark, but also the mark that was used by the certification body, prior to the Keymark scheme. This rule has now been withdrawn by the CEN Certification Board, but still needs to be documented in the Keymark rules. - The system does not foresee mutual recognition of conformity assessment processes. 12.2.3 Existing attestation schemes for construction products, before the CPD Few EU Member States had a mandatory conformity mark in place before the arrival of the CE Marking. As an example, Germany has had obligatory attestation systems that are similar to those of the CPD (when harmonised technical specifications become applicable, this national system disappears). The attestation system depends on the product under consideration. The technical product specification is either a German standard or technical approval. When attestation tasks have been or are being complied with, the manufacturer is allowed to affix the U-Mark.
ÜH – Attestation based on manufacturer’s declaration Task for Task FPC system Manufacturer ITT
ÜHP – Attestation based on manufacturer’s declaration, ITT by third party Task for Task Manufacturer FPC system Authorised body ITT
ÜZ – Attestation based on product certification Task for Task Manufacturer FPC system ITT Initial inspection of FPC Authorised body Regular surveillance inspections of factory and FPC Audit testing
Most EU Member States had a voluntary attestation scheme based on national standards or technical approvals, using the attestation system 5 of ISO Guide 67, i.e. product certification.
10 This is not the case for thermal insulation products, where the scheme development group established common rules prior to the initiation of the scheme.
68 Performance Based Building and the Construction Products Directive 12.2.4 National technical approvals National technical approvals are favourable assessments of the durable fitness for purpose of a construction product, kit or system. In most cases, the approvals cover innovative products, kits and systems and those that deviate from established specifications.
These voluntary technical approvals closely resemble ETAs, issued by EOTA Approval Bodies, but the voluntary technical approvals are not necessarily linked to regulatory requirements, they aim to meet all market acceptance requirements, irrespective of their origin.
The national approval schemes aim to enhance the general level of quality and performance in the construction sector by: - offering to manufacturers, seeking innovation, a tool to check the fitness for use of their products at an early stage, - delivering authoritative independent, third party, statements which provide a means of market acceptance of such products, - providing users with guidance on the design of the works and the appropriate installation of the products, - monitoring the performance of the approved products and systems by appropriate product certification and by reviewing periodically the experience of users and developments by the manufacturers. 12.2.5 European Approval Union (UEAtc) UEAtc (http://www.ueatc.com) unites a large number of national approval bodies in Europe on a voluntary basis, with the following main goals: - To collect the scientific and practical know-how of its members on construction in general and on national construction practices in particular - To facilitate confirmation of national technical approvals, by taking into account the requirements from other approval bodies - To offer to manufacturers a collective service, through common approval guidelines, confirmation dialogue and by multilateral confirmations called Euro-Agréments.
The UEAtc guides were the basis for an early harmonization of technical specifications, because all UEAtc Approval bodies started using one Guide for delivering approvals, where available. In addition, the confirmation of national approvals in other European countries ensures that products, kits and systems and/or country particular characteristics not covered by guides posed no great burden on manufacturers. Recently, the Euro-Agrement ensured complete harmonization at a voluntary level. National approval bodies agree upon a common work programme and add national annexes to address country specific issues.
Due to the CPD, it is obvious that UEAtc’s work domain has shifted, as a considerable portion of voluntary approvals are being replaced by harmonized standards and European Technical Approvals. UEAtc cannot cover regulatory product characteristics. Nevertheless, the UEAtc approval bodies continue to issue voluntary national approvals; - The CPD does not cover all construction products (yet). - The harmonized standards concentrate on product specifications, whereas the market is also interested in the behaviour of products in their intended uses, as a part of a system (e.g. an insulation product covered by EN 13165 as a cavity wall insulation), with the necessary installation information - In some cases, it might be more cost and/or time effective to apply for a (or more than one) national approval As the system is voluntary, the demand for voluntary (national or otherwise) approvals will reflect the market needs. In addition, the need for voluntary approvals will also be influenced by
Performance Based Building and the Construction Products Directive 69 the EOTA approach to voluntary issues being addressed, or not, in ETAs. Most probably, voluntary approvals will continue to be issued, as the CPD does not envisage CE Marking of systems.
In any case, the complementarity of both ETAs and voluntary technical approvals should be borne in mind.
Technical approvals are documents that do not only specify products, but they also specify how products should be incorporated in the works. Aspects of durability and serviceability (functionality) are covered by technical approvals. European technical approvals (EOTA) are limited to products and kits, but national technical approvals or Euro-agréments can also cover systems. 12.2.6 Mutual recognition of conformity assessment procedures Essential in facilitating an internal market, both in the regulatory and in the voluntary domain, is the mutual recognition of (third party) conformity assessment procedures and their results (reports, certificates). In the regulatory field (CE Marking), the Group of Notified Bodies ensures cooperation. In the voluntary field, a number of European initiatives have been taken:
The European Organization for Conformity Assessment (EOTC – http://www.eotc.be), an independent and non-profit making European body, was established in April 1990 by the European Commission, EFTA and the European Standardisation Bodies, to contribute towards the achievement of the Single Market within the European Union and, in line with World Trade Organisation (WTO) principles, to contribute towards the worldwide elimination of technical barriers to trade. EOTC's Mission is to facilitate, within the Single Market, and appropriately in relation to third countries, the development of the mutual recognition of the conformity assessment procedures, and to facilitate the market acceptance of this mutual recognition, thereby to contribute to economic adaptation and efficiency by reducing costs and by making better use of the available Conformity Assessment infrastructure and to facilitate and to support other appropriate actions by its members and partners to introduce and develop initiatives to support the completion of the Single Market, and to serve the interests of the consumer and the user. EOTC and the European Commision, with EFTA support, developed a database of Conformity Assessment Bodies in Europe (http://www.ticqa.eotc.be). The database covers all sectors and covers 29 countries (EU, EFTA and CEECs11). In addition, EOTC also developed the Conformity Assessment portal website (http://conformityassessment.org).
Eurocer-building (http://www.eurocer-building.com) is an association of conformity assessment bodies carrying out third party assessments and equivalent certifications in the building and construction industry in the European Economic Area and Eastern European countries. It assists the promotion of free trade and the reduction of trade barriers by: - identifying priority areas for the development of cooperative certification; - encouraging cooperation between members; - cooperating in the development and interpretation of assessment methods and European certification schemes for products, services and quality systems. Organisations like Eurocer-building aim at being a platform for discussion between (product) certification bodies. Rather than a series of bilateral agreements, such organizations might encourage multilateral recognition systems, in the voluntary field.
11 Central and Eastern European Countries
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13. CPD AS A SUPPORT FOR WORKS’ SPECIFICATIONS
13.1 Introduction
In many cases, due to the fact that the essential requirements of the CPD relate to the works into which construction products are incorporated, initiatives taken in the framework of the CPD technical product specifications, have also lead to initiatives related to the works specifications. 13.2 Stability of works and safety in use
The Eurocodes, developed by CEN/TC250 are European design codes. Some of the EU member states will enforce their use, others not, or not immediately anyway. The Eurocodes allow specifiers to specify works using a performance based approach (see §11.3.5).
13.3 Safety in case of fire
The CPD has lead to a new European test and classification system, developed by CEN/TC127, for reaction to fire, fire resistance and external fire performance behaviour assessment of construction products. The EC has recently financed "Benefeu", a European research project on “fire safety engineering”, a performance based approach for works.
At the moment, most national regulations in the EU, define fire safety in prescriptive terms. The CPD Interpretative Document Number 2, "Safety in case of fire", recognises the value of a performance based approach to fire safety. But so far, there is no mechanism for adopting this approach.
The Benefeu study showed that only a very few countries have adopted a performance-based, or fire engineering approach, to fire safety legislation for buildings. However, the majority of Member States intend to implement a fire safety engineering approach into national building fire safety legislation, as an alternative to the current prescriptive rule-based approach, in the future.
The study also showed that introduction of performance based solutions for fire safety, as a response to the ID, requires: - the availability of a research and educational system, focused on fire safety engineering and having adequate coverage throughout all member states; and - the availability of a system of performance based codes and regulations, including guidance to regulators and fire safety engineering practitioners. It is clear from the research conducted for the Benefeu study that, in the absence of support and intervention from the European Commission, the change from prescriptive to performance based codes may create further barriers to the free circulation of products, services and people. Fire safety engineering, as an alternative to prescriptive solutions, is successfully being used in other parts of the world (Australia, Asia, US).
13.4 Health and the environment
13.4.1 Environmental aspects in product standards The integration of environmental aspects in standards is a voluntary instrument to achieve environmental goals. The European Parliament and the Council have decided that "strengthening the
Performance Based Building and the Construction Products Directive 71 integration of environmental aspects in the framing of industrial standards" is one of the priority objectives of the Community in relation to horizontal instruments of environmental policy12.
In a recent Communication, of February 2004, of the Commission to the Council, the European Parliament and the European Economic and Social Committee, covered the integration of Environmental aspects into European Standardisation. The Commission acknowledged that environmental aspects need to be integrated into European standards, but also stressed the importance of addressing environmental aspects in a balanced and appropriate manner and of properly taking into account the other reasons for which standards are written. The Commission is to initiate discussions with stakeholders from the standardisation community in order to develop concrete actions. Two workshops were planned for 2004 with the aim of gathering ideas and establish projects to achieve progress in a number of areas (awareness raising, training, participation of stakeholders, systematic use of tools).
CEN has recognized that every product has some impact on the environment during all phases of its life: production, distribution, use, end of life. Provisions in standards may have a significant influence on the extent of these environmental impacts. Complying with CEN policy and CEN rules, standards shall contribute to the minimization of negative impact on the environment and CEN has issued relevant guidance to its Technical Committees. For the time being, no such development has been initiated by EOTA, although its rules would allow for such a development.
Due to the CPD, the CEN/TCs in the construction sector are allowed to progress their standards without addressing environmental aspects for the time being. In general, it is the responsibility of the CEN Technical Committees and Working Groups to consider how standards can minimize the impact of products on the environment, applying the principles of CEN Guide 4.
The Technical Committee/Working Group in charge of the standards making process should identify and assess the environmental impact.
The CEN Environmental Help Desk (EHC) aims to support all sectors and technical committees wherever possible in the development process. The CEN Strategic Advisory Body on Environment (SABE) exchanges information between a large number of stakeholders, identifies the areas where European Standards can support European environmental policy, provides a bridge between EU initiatives and global standardization activities, coordinates environmental issues between CEN technical committees, and creates and updates CEN's strategy on such issues. It also advises the CEN Technical Board on environmental issues and follows up the work of both CEN and ISO environmental committees.
The CEN approach closely follows the ISO 14000 Series of standards, which include: - Environmental Management Systems - Eco Labelling - Life Cycle Assessment - Environmental Auditing - Environmental Performance Evaluation - Environmental Aspects in Product Standards
12 Decision N° 2179/98/EC of the EP and the Council of 24 September 1998 on the review of the European Community Programme of policy and action in relation to the environment and sustainable development "Towards sustainability", art 3.2 (d), (OJ L 275/1 of 10.10.98)
72 Performance Based Building and the Construction Products Directive 13.4.2 Dangerous/regulated substances The CPD is placed within a network of Directives including the Directive on Dangerous Substances and the Drinking Water Directive. These Directives provide technical tools to deal with the essential requirement no 3 (ER3) of the CPD. Unfortunately, these and other related Directives are not sector-specific, but they do have an impact on the construction sector.
The limited scope of the CPD, to cover only the “in use” phase of a product, makes it more complicated to use the existing tools (Directives) and/or to implement essential requirement 3. Harmonised European standards have, so far, not covered ER3 by defining harmonised test methods for hazardous substances in construction products.
The annexes ZA include a note informing users that in addition to any specific clauses relating to dangerous substances contained in the harmonized standards, there may be other requirements applicable to the products falling within its scope (e.g. transposed European legislation and national laws, regulations and administrative provisions). In order to meet the provisions of the CPD, those requirements need also to be complied with, when and where they apply. Reference to the EC database is also made.
An SCC ad hoc Working group on "regulated substances" has been set up. The first part of its task is the evaluation of existing data and a harmonised approach to define parameters for a European database of existing legislation as the existing database is insufficient to provide a comparable overview of existing legislation, test methods and threshold values. The mandates under development are based on article 7 of the Directive and have regard to interpretative document 3 and to Guidance Paper H. The mandates serve to support the quality of the standards, always with reference to the state of the art, with particular reference to the evaluation of construction products intended to be used in situations where ER3 is a requirement, enabling the works to satisfy this essential requirement as set out in annex 1 of the Directive, provided that barriers to trade in these elements exist and that the products fall within the scope of article 2(1) of the Directive.
These horizontal mandates are complementary to, and are to be read in conjunction with, mandates for products and product families and release scenarios (specified by the European Commission and the Member States) where the ER3 is a requirement. One of the objectives of the mandates is to provide instruments in the framework of ER3. These instruments (technical reports and measurement standards) will in particular contain test methods and methodologies for initial assessment and continuous testing of construction products. The corresponding measurement standards shall be as horizontal as possible, i.e. potentially applicable for the relevant range of construction products.
One of the mandates covers “emission of regulated dangerous substances from construction products in soil, ground water and surface water”. The standards to be drafted under the mandate shall enable to test whether construction products pose a risk to soil, groundwater or surface water quality during their use. In general only products that are in contact (directly or indirectly) with soil and water can pose a risk. The other mandate covers standards to be drafted which should enable testing whether construction products during their use pose a risk to inhabitants through release into the indoor air. 13.4.3 From products to the works The CEN standards address product related environmental aspects, while the CPD only talks about the release of dangerous or regulated substances of products in use. It will be important to consider how the developed approaches link to environmental hazards during the working life and demolition of a building.
Performance Based Building and the Construction Products Directive 73
13.5 Protection against noise
CEN/TC126 has developed a suite of standards which are being used in the framework of the CPD technical product specifications.
The recent set of CEN standards, based on ISO standards, that needs to be transposed into national standards, leads to an obligation of Member States to also change their regulations to the new single value performance declarations. The parts 1 (airborne sound) and 2 (contact sound) of EN ISO 717 are used to classify performances and refer both to laboratory and field test methods.
The EN 12354 series of standards describes calculation models designed to - estimate the airborne sound insulation between rooms in buildings (part 1) - estimate the impact sound insulation between rooms in buildings (part 2) - estimate the sound insulation or the sound pressure level difference of a façade or other external surface of a building (part 3) These documents set the scene for an approach comparable to the Eurocodes for structural performances.
13.6 Energy performance of buildings
The EC recently issued a Directive that very much suites the performance based approach, i.e. the “Energy Performance of Buildings” Directive (2002/91/EC). The Directive imposes member states to require the use of European product specifications. For construction products, these should all be CE Marked and based on European harmonized standards and therefore performance based, to specify works on a performance based approach.
The Energy Performance Directive has been approved on 16 December 2002 and published in the Official Journal of the European Union on 4 January 2003. As a result, the EU member states have to implement a series of legal measures before 4 January 2006.
Whereas the CPD focuses on free movement of construction products, the EPD obliges member states to impose minimum requirements in terms of energy performance of buildings, i.e. “the amount of energy actually consumed or estimated to meet the different needs associated with a standardised use of the building, which may include, inter alia, heating, hot water heating, cooling, ventilation and lighting. This amount shall be reflected in one or more numeric indicators which have been calculated, taking into account insulation, technical and installation characteristics, design and positioning in relation to climatic aspects, solar exposure and influence of neighbouring structures, own-energy generation and other factors, including indoor climate, that influence the energy demand”. The EPBD lays down requirements as regards: a) the general framework for a methodology of calculation of the integrated energy performance of buildings; b) the application of minimum requirements on the energy performance of new buildings; c) the application of minimum requirements on the energy performance of large existing buildings that are subject to major renovation; d) energy certification of buildings; and e) regular inspection of boilers and of air-conditioning systems in buildings and in addition an assessment of the heating installation in which the boilers are more than 15 years old.
The timescale for adoption of the EPBD is very clear and, except a delay of maximum 3 more years for the implementation of measures (d) and (e) where training of expert auditors may require more time, the member states cannot justify a delay by referring to CEN or other organisations, since the EPBD, contrary to the CPD, does not impose CEN procedures nor allows for a delay if
74 Performance Based Building and the Construction Products Directive certain procedures are not available at CEN level.
Another major difference between CPD and EPD concerns the degree of uniformisation of procedures. The CPD leads to identical nationally transposed European standards, since the CEN standards have to be fully implemented. In case of the EPBD, there is a real risk that the non- availability of certain crucial calculation methods at the European level, will lead to a wide range of national procedures. Therefore, a major challenge is to find pragmatic ways for managing the development of national assessment procedures. However, the role of CEN in the preparation of the necessary calculation procedures has been recognised by both the CEN secretariat and the EPBD committee. Therefore, a priority list of standards to be developed by different TC’s of CEN has been developed and a time scale has been proposed. The role of standardisation (CEN) and technical approvals (EOTA) in this whole framework is not straightforward. Most of the member states will probably not be able to suspend the adoption of their national regulations until CEN has made all the required procedures available, although at the same time, it is fully acknowledged that on the longer term, national calculation procedures should be based on CEN standards.
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14. PUBLIC PROCUREMENT
14.1 Introduction
The EC has issued three public procurement Directives (PPDs), one of them for (construction) works (see §3.8.4). Those PPDs refer to European standardization (and European technical approvals) as the main means to specify works.
In 2000, the European Commission issued a proposal for a directive on the coordination of procedures for the award of public supply contracts, public service contracts and public works contracts, combining the existing 3 directives. This proposal lead to the publication of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. The EU Member States are expected to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 January 2006.
14.2 Main changes
The main point of discussion was the circumstances in which contracting authorities could take social and environmental criteria into account in attributing contracts. The compromise reached over award criteria is an acceptable one which allows national authorities to use appropriate and objective environmental and social criteria transparently for the public good, without creating scope for arbitrary and unfair contract awards based on issues unconnected with the works or services to be provided.
The legislative package, which was based on extensive consultations with contracting authorities and businesses, has two main objectives. The first is to simplify and clarify the existing Directives. The second is to adapt them to modern administrative needs, for example by facilitating electronic procurement and, for complex contracts, by introducing more scope for dialogue between contracting authorities and tenderers in order to determine contract conditions.
With the objective of enhancing transparency in the award process and of combating corruption and organised crime, the legislative package also includes measures designed to make for greater clarity in the criteria determining the award of the contract and the selection of tenderers. It was principally over some of these measures and in particular the ways in which social and environmental criteria can be taken into account, that the conciliation procedure, used at the time of adoption of the new directive, was necessary.
Also here, the agreed text takes current law as interpreted by the Court of Justice, in particular in the "Finnish buses" case, as its starting point. The Court ruled that the contracting authority must award a contract to the tenderer whose tender is the most economically advantageous, but that it may nevertheless take environmental criteria (in the "Finnish buses" case, exhaust emissions and noise levels) into account when deciding which bids to take into consideration (i.e. the award criteria), provided that those criteria are expressly mentioned in the contract documents or the tender notice, are connected with the subject-matter of the contract, do not give the contracting authority an unrestricted freedom of choice, and comply with all the fundamental principles of Community law, in particular the principle of non-discrimination.
The text would also allow contracting authorities to require specific environmentally friendly production methods - such as organic production for foodstuffs for schools. Under the compromise
76 Performance Based Building and the Construction Products Directive text agreed, similar conditions would be attached to the use of social criteria in practice, that would mean, for example, that contracting authorities could take into account, for the construction of a public building, accessibility criteria for people with disabilities. In addition the text provides the possibility of reserving contracts for sheltered workshops or sheltered employment programmes for disabled people. In addition, the text would allow companies who have not complied with EU legislation in economic, social or environmental fields to be excluded from tendering processes.
14.3 Changes related to specifications and conformity assessment
The current provisions on technical specifications in the PPD are designed to require public purchasers to define technical specifications by reference to an exhaustively listed set of instruments so as to avoid conferring any advantage on a given economic operator or giving preference to national production. These instruments are not only well known, transparent and publicly available but also represent, as far as possible, harmonisation of specifications at European or international level. The most important of these instruments is the standard - preferably European, international or, failing that, national. Other instruments which are more sector-specific (European Technical Approval for construction products, as provided for in the CPD) have also been retained as possible references.
Application of the provisions of the present Directives has led in certain cases to a situation where standards have been treated as de facto requirements; these provisions can be construed as limiting the buyer's choice to only those products which comply with the standard. Such an interpretation does not fit with the notion of a "reference" according to which other solutions can be compared to the solution provided by the standard. In addition, it has also meant that technical solutions where a standard exists have been unduly preferred to the detriment of other solutions and of new technologies. The rapid technological obsolescence in certain sectors, coupled with the interpretation that standards are de facto requirements, is particularly harmful where, by the very nature of things, the adoption of a standard lags some way behind technological progress (as is the case in the information technology field).
Accordingly, the Commission saw a need to simplify these provisions, to clarify the extent of the "reference" obligation and limit referral to provisions specific to certain sectors, such as telecommunications and construction, which add to the complexity of the current texts. The Commission is of the opinion that these changes will also encourage effective competition through the participation of the greatest possible number of tenderers and in particular innovative businesses.
The proposed changes apply to all purchases of goods, works and services under the public sector Directives as well as purchases under the utilities Directives. This means that the texts of the Directives will be brought more into line with one another, adding to the simplification process. These amendments will enable public purchasers to specify their requirements also in terms of performance levels, while at the same time safeguarding what has been achieved in terms of European standardisation, as reference to the standards will still be an option.
14.4 Performance based solutions
The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To this end, it must be possible to submit tenders which reflect the diversity of technical solutions. Accordingly, it must be possible to draw up the technical specifications in terms of functional performance and requirements, and, where reference is made to the European standard or, in the absence thereof, to the national standard, tenders based on equivalent arrangements must be considered by contracting authorities.
To demonstrate equivalence, tenderers should be permitted to use any form of evidence.
Performance Based Building and the Construction Products Directive 77 Contracting authorities must be able to provide a reason for any decision that equivalence does not exist in a given case. Contracting authorities that wish to define environmental requirements for the technical specifications of a given contract may lay down the environmental characteristics and/or specific environmental effects of product groups or services. They can, but are not obliged to, use appropriate specifications that are defined in eco-labels, such as the European Eco-label, (multi-) national eco-labels or any other eco-label providing the requirements for the label are drawn up and adopted on the basis of scientific information using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations can participate, and providing the label is accessible and available to all interested parties.
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15. CONFORMITY ATTESTATION WITH WORKS’ SPECIFICATIONS
Having a performance based approach to install works is fine, but how should conformity with works’ specifications be attested. A number of voluntary initiatives already envisage the certification of specific performances of buildings, e.g. fire safety, based on initial inspection and subsequent regular inspections.
The Energy Performance of Buildings Directive requires an Energy performance certificate. When buildings are constructed, sold or rented out, such a certificate should be made available to the owner or by the owner to the prospective buyer or tenant, as the case might be. It is to include reference values such as current legal standards and benchmarks in order to make it possible for consumers to compare and assess the energy performance of the building. It will also be accompanied by recommendations for the cost-effective improvement of the energy performance.
When considering attestation of conformity of the works with works' specifications, it is desirable that a European scheme is foreseen. Otherwise, attestation of conformity might be very different, depending on the location of the building.
Important questions require answers: - What should the attestation scheme cover - New buildings, refurbished buildings, all buildings - Performances: energy performance, fire safety, safety in use, accessibility, maintenance, …? - What is/are the basis for attestation - Should it be third party attestation and is there a possibility of coordination between these bodies? - Should there be accreditation? - When should it be done (putting into service, annually, …)? - What in case of non-compliances? - Should there be European harmonisation and how?
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16. CPD AND THE PEBBU PROJECT
16.1 Introduction
In this chapter, this report will progressively: - Establish how support can be provided to the PeBBU domains - Request feedback from PeBBU domains - Provide supporting information
16.2 Establishment of support for the PeBBu domains and questionnaire
16.2.1 General
The first version of this document having been distributed at the start of 2004, this paragraph now requests feedback from PeBBu domains to establish the information that is not yet available in this document. In particular, the domains are being requested to examine how the CPD will influence their domains of Performance Based Building and how the CPD deliverables (the standards, the ETAs) can be used to promote the performance based approach.
PeBBu Domains are being requested to respond to the questions below by electronic communication to [email protected]. If there is information not addressed in the Part A of this document, Domains are invited to inform us as well.
In a future revision, feedback received will be introduced in the report.
16.2.2 Domain 1 "Building materials and components"
16.2.2.1 State-of-the-art The CPD foresees the development of technical specifications on a performance based approach and therefore, input in this domain is likely to be important. Present, the domain concentrates on durability assessment and the parameters that influence durability. In the near future, an updated EC Guidance paper F is expected and the main conclusions of that update have been presented in §6.7.
The International Standards Organisation (ISO) has published the first three (3) parts of the Buildings and Constructed Assets - Service Life Planning suite (ISO 15686) guiding the life design of buildings. These are ISO 15686: • Part 1: 2000 General Principles and • Part 2: 2001 Service Life Prediction Procedures and • Part 3: 2002 Performance Audits and Reviews. • Part 4: Data requirements (available as ISO Technical Report) • (Draft) Part 5: Maintenance and life cycle costing • (Draft) Part 6: Procedures for considering environmental impacts • (Draft) Part 7: Performance evaluation for feedback of service life data from existing construction works • (Draft) Part 8: Reference service life
The concept of the factor-based evaluation of the service life has been introduced in the International Standard for service life planning of buildings, ISO 15686 Part 1. The method allows an estimate of the service life to be made for a particular component or assembly in specific conditions.
80 Performance Based Building and the Construction Products Directive
The factor method takes a Reference Service Life (RSL) and adjusts it to account for specific project conditions using a number of distinct factors, as summarised below: ESLC = RSLC x A x B x C x D x E x F x G Where: • ESLC = Estimated Service life of Component • RSLC = Reference Service Life of Component, i.e. the period in years that the component or assembly can normally be expected to last • A = Material / Component factor • B = Design factor • C = Workmanship factor • D = Internal environment factor • E = External environment factor • F = In-use factor • G = Maintenance factor
It is obvious that the majority of these factors are not envisaged in the framework of the CPD and that the CPD’s contribution is limited to providing supporting information regarding the products as they are being placed on the market.
The construction products can only be CE Marked when they are fit for use and influences of the (internal or external) environment on products are addressed in durability assessment and maintenance may also be covered in harmonised specifications. Design and workmanship are not covered under the CPD. Under the CPD, all products are assessed for general intended uses (e.g. fire protective coating or thermal insulation for buildings) and the durability assessment is not linked to specific intended end uses. The end result of the assessment is a manufacturer’s product specific durability claim when placing it on the market (window type X of manufacturer A meets the durability requirements for climate D), while the service life prediction approach starts from a number of set values for products and the factors that may influence their durability. The ISO 15686 method can be considered to be a means of permitting objective comparison between different types of products and analysis (timber windows in climate D have an estimated service life of 50 years). Moreover, since the CPD is particularly aimed at manufacturers, i.e. they take responsibility for CE Marking, but cannot intervene in design, use and maintenance, it is questionable whether there is a real need for the estimated service life to be part of the harmonised technical specification.
This however does not take away any of the usefulness of the methodology developed to predict the service life of construction products and improve the general situation in service life planning. 16.2.2.2 Question The usefulness of the service life planning methodology being widely accepted, but the practical implementation in product standards not consolidated, the domain is requested to examine how the concept can be introduced in European product standards. 16.2.3 Domain 2 "Indoor environment"
16.2.3.1 State-of-the-art When considering air quality, ventilation, thermal, sound and visual comfort, the CPD does not directly lead to ready-for-use deliverables. It provides product performances such as release of “dangerous” substances, water vapour diffusion coefficient, thermal conductivity/resistance, airborne and impact sound insulation and sound absorption. In some cases, ventilation for distribution of pollutants The CPD's third essential requirement "Hygiene, health and environment" will lead to
Performance Based Building and the Construction Products Directive 81 technical product specifications that deliver the means for a performance based approach for the indoor environment and release to soil, surface and ground water, as far as these are influenced by the construction products (see §13.4.2). 16.2.3.2 Question Do the CPD deliverables allow a performance based approach to appreciate the indoor environment and if not, what should product standard address to allow it. Is there a need for harmonised, performance based, specifications for products not covered yet (e.g. ventilation products and ventilation systems based on kits). Are there product characteristics that – although not regulated – should be covered in product specifications? 16.2.4 Domain 3 "Design of buildings"
16.2.4.1 State-of-the-art In the framework of the CPD, the 6 essential requirements relate to the works, not the products. Therefore, although the CPD leads to product specifications, there is a direct relationship to the design of the works and many of the CPD deliverables, or related specifications, allow activities related to the overall design of the works (see §13). 16.2.4.2 Questions Is there a need for a documented link between the CPD product specifications and works' specifications? Can approvals for systems provide such a link? How should additional works related provisions be formulated (national annexes to harmonised standards, additional separate documents, …?). 16.2.5 Domain 6 "Legal and procurement practices"
16.2.5.1 State-of-the-art The existing European Procurement Directives, respectively addressing products, services and works, lay a direct link to the (mandatory) use of European standards and European Technical Approvals and so does the new Directive (see §3.8.4 and §14). 16.2.5.2 Questions Although direct reference to the (mandatory) use of European standards and European Technical Approvals has been foreseen in the new Public Procurement Directive, there is no reference to the product conformity assessment procedures and marks or markings. Is that an important issue for public procurers? 16.2.6 Domain 7: "Regulations"
16.2.6.1 State-of-the-art The CPD, due to its national implementation in all EU Member States, sets a legal framework for placing construction products on the market.
Member States are required to take all necessary measures to ensure that construction products, covered by a harmonized technical specification, may be placed on the market only if they are fit for the intended use, i.e. that they comply with the standard, that the applicable conformity assessment procedures are being performed and that the products have been duly CE Marked. This implies an obligation for Member States to organise and carry out market surveillance, in a way that is effective and sufficiently extensive to discover non-compliant products. The Council Resolution of 10 November 2003 requests the Commission to examine the possibilities of better cooperation between the Member States.
82 Performance Based Building and the Construction Products Directive 16.2.6.2 Questions The enforcement of the Directive (market surveillance) has however received little attention. Should Member States use a reactive or proactive enforcement regime? How should the practical enforcement take place: national or European verification means and procedures? How should those verification means and procedures be documented (e.g. in the European product specifications)? 16.2.7 Domain 8: "Innovation"
16.2.7.1 State-of-the-art As far as innovation is concerned, at first sight, the CPD does not provide the means to encourage innovation. CEN standards usually cover products for which experience exists and even EOTA does not have all the answers for the integration of innovative products in the system, although the CUAP procedure was intended in particular for innovative products.
The manufacturers’ desire to demonstrate that innovative products meet the requirements for CE marking can be easily understood. If conformity with the essential requirements of the CPD cannot be determined in the early stage of development, it will be difficult to convince users to purchase the product, and illegal to sell it. Before CE Marking is possible, manufacturers have to perform ITT and need to have an operational FPC system for the product in place. Both might take a long time to perform and establish.
Without economical solutions for CE marking of innovative solutions, innovation in the construction sector might decrease, which is obviously not the intention of the CPD. On the other hand, solutions may not compromise health and safety. 16.2.7.2 Questions
How can innovation for products in the construction sector be promoted, within the framework of the CPD?
16.3 Relationship CPD - PeBBu
This paragraph will contain information that provides information on how the CPD and the PeBBu are linked and what that relationship might mean for the future.
[This section remains void until the questionnaires have been assessed and the requested information established.]
Performance Based Building and the Construction Products Directive 83
ANNEX 1: Glossary
This annex contains definitions of terms used in the framework of the CPD.
Body authorised to issue European Technical Approvals (Article 10 of the CPD), Approval Body Member of EOTA
Source: Common position of the construction unit of DG Enterprise
The Boxed Value, used at the ENV stage together with the National Application Documents, offered a National choice for a value. It has to disappear in the EN Boxed Value Eurocodes
Source: Common position of the construction unit of DG Enterprise
(1) This term refers to products which are produced for incorporation in a permanent manner in the works and placed as such on the market. The terms "construction products" or "products", where used in the Interpretative Documents, include materials, elements and components (single or in a kit) of prefabricated systems or Construction installations which enable the works to meet the essential requirements. products (2) Incorporation of a product in a permanent manner in the works means:- that its removal reduces the performance capabilities of the works; and- that the dismantling or the replacement of the product are operations which involve construction activities.
Source: The Interpretative Documents
"Construction works" means everything that is constructed or results from construction operations and is fixed to the ground. This term covers both buildings and civil engineering works. In the Interpretative Documents "construction works" are also referred to as the "works". Construction works include for example: dwellings; Construction works industrial, commercial, office, health, educational, recreational and agricultural buildings; bridges; roads and highways; railways; pipe networks; stadiums; swimming pools; wharfs; platforms; docks; locks; channels; dams; towers; tanks; tunnels; etc.
Source: The Interpretative Documents
Favourable technical assessment of the fitness for use of a product for an intended use, based on the fulfilment of the Essential Requirements for building works for which European Technical the product is used (article 8, 9 and 4.2 of the CPD). An ETA can be issued on the Approval (ETA): basis of a Guideline (article 9.1 of the CPD) or without guideline (article 9.2 of the CPD)
Source: Common position of the construction unit of DG Enterprise
Document used as the basis for preparing ETAs, which contains specific requirements for the products within the meaning of the Essential Requirements, the test European Technical procedures, the methods of assessing and judging the results of the tests, the Approval Guideline inspection and conformity procedures, written by EOTA on the base of a mandate (ETAG): received from the Commission (article 9.1 and 11 of the CPD)
Source: Common position of the construction unit of DG Enterprise
84 Performance Based Building and the Construction Products Directive
The ability of an element of a building construction to fulfil for a stated period of time the required load-bearing function, integrity and/or thermal insulation specified in the Fire resistance standard fire resistance test.
Source: The Interpretative Documents
Conventionally defined classes, used for the classification of building elements on the Fire resistance class basis of their proven fire resistance time.
Source: The Interpretative Documents
Annex to an EN Eurocode Part containing the Nationally Determined Parameters National Annex (to (NDPs) to be used for the structural design of buildings and civil engineering works in an EN Eurocode a Member State. Part): Source: Common position of the construction unit of DG Enterprise
The NADs, which were used at the ENV stage, expressed national choices, in National Application particular wherever "Boxed Values" (see above) were given in the ENV Eurocodes. Document (NAD) : Source: Common position of the construction unit of DG Enterprise
National laws, regulations and administrative provisions, imposed by all levels of public authorities, or private bodies acting as a public undertaking or as a public body on the National Provisions basis of a monopoly position.
Source: Common position of the construction unit of DG Enterprise
A National choice left open in a EN Eurocode about values (where symbols are given Nationally in the EN Eurocodes), classes or alternative procedures permitted within the EN Determined Eurocodes Parameter (NDP) Source: Common position of the construction unit of DG Enterprise
Harmonised European Standards (hENs) and European Technical Approval (ETAs) for Technical construction products (article 4.1 of the CPD) Specifications Source: Common position of the construction unit of DG Enterprise
(1) The working life is the period of time during which the performance of the works will be maintained at a level compatible with the fulfilment of the essential requirements. (2) An economically reasonable working life presumes that all relevant aspects are Working life, taken into account, such as:- costs of design, construction and use;- costs arising from Economically hindrance of use;- risks and consequences of failure of the works during its working life reasonable and costs of insurance covering these risks;- planned partial renewal;- costs of inspections, maintenance, care and repair;- costs of operation and administration;- disposal;- environmental aspects
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ANNEX 2: Survey of other EC Directives
Table 1: Directives based on the principles of the New Approach which provide for CE Marking Number of End of Date of Directive Directive transitional application Amendm. period Electrical equipment designed for use within 73/23/EEC 19/8/74 1/1/97 1. certain voltage limits (“low voltage 93/68/EEC 1/1/95 1/1/97 equipment”) 87/404/EEC 1/7/90 1/7/92 2. Simple pressure vessels 90/488/EEC 1/7/91 93/68/EEC 1/1/95 1/1/97 88/378/EEC 1/1/90 3. Safety of toys 93/68/EEC 1/1/95 1/1/97 89/106/EEC 27/6/91 4. Construction products 93/68/EEC 1/1/95 1/1/97 89/336/EEC 1/1/92 31/12/95 92/31/EEC 28/10/92 5. Electromagnetic compatibility 93/68/EEC 1/1/95 1/1/97 98/13/EC 6/11/92 1/1/93 31/12/94 1/1/93 31/12/94 6. Machinery13 98/37/EC 1/1/95 31/12/96 1/1/95 1/1/97 89/686/EEC 1/7/92 30/6/95 93/68/EEC 1/1/95 7. Personal protective equipment 93/95/EEC 29/1/94 1/1/97 96/58/EC 1/1/97 90/384/EEC 1/1/93 1/7/02 8. Non-automatic weighing instruments 93/68/EEC 1/1/95 1/1/97 90/385/EEC 1/1/93 31/12/94 9. Active implantable medical devices 93/42/EEC 14/6/98 1/1/95 93/68/EEC 1/1/97 Appliances burning gaseous fuels (“gas 90/396/EEC 1/1/92 31/12/95 10. appliances”) 93/68/EEC 1/1/95 1/1/97 11. Explosives for civil use (“civil explosives”) 93/15/EEC 1/1/95 31/12/02 12. Medical devices 93/42/EEC 1/1/95 14/6/98 Equipment and protective systems intended 13. for use in potentially explosive atmospheres 94/9/EC 1/3/96 30/6/03 (“potentially explosive atmospheres”) 14. Recreational craft 94/25/EC 16/6/96 16/6/98
13 This directive codifies into one single text the directive 89/392/EEC, as modified by directives 91/368/EEC, 93/44/EEC and 93/68/EEC. The date of application is based on the original directives.
86 Performance Based Building and the Construction Products Directive Directive 1999/5/EC of the European Parliament and of the Council of 9 March 15. 1999 on radio equipment and 1999/5/EC telecommunications terminal equipment and the mutual recognition of their conformity 16. Lifts 95/16/EC 1/7/97 30/6/99 17. Pressure equipment 97/23/EC 29/11/99 29/5/02 Telecommunications terminal equipment 6/11/92 18. and satellite earth station equipment14 98/13/EC 1/5/92 (“telecommunications terminal equipment”) 1/1/95 19. In vitro diagnostic medical devices 98/79/EC Directive 2000/9/EC of the European Parliament and of the Council of 20 March 20 2000/9/EC 2000 relating to cableway installations designed to carry persons Directive 2004/22/EC of the European Parliament 21 and of the Council of 31 March 2004 2004/22/EC on measuring instruments
Table 2: Directives based on the principles of the New Approach which do not provide for CE Marking European Parliament and Council Directive 94/62/EC of 20 December 1994 1 94/62/EC on packaging and packaging waste
Council Directive 96/48/EC of 23 July 1996 on the interoperability of the 2 96/48/EC trans-European high-speed rail system
3 Council Directive 96/98/EC of 20 December 1996 on marine equipment 96/98/EC
Directive 2001/16/EC of the European Parliament and of the Council of 19 4 March 2001 on the interoperability of the trans-European conventional rail 2001/16/EC system
14 This directive codifies into one single text the directive 91/263/EEC, as modified by directive 93/68/EEC, and the supplementary directive 93/97/EEC. The date of application is based on the original directives.
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Annex 3: State-of-play CEN in the CPD framework (2005-08-17)
Recently, the EC started publishing consolidated lists of cited harmonised standards, which provide a complete overview: http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/reflist/construc.html. For documents under development, reference is made to the CEN website: http://www.cenorm.be/cenorm/businessdomains/businessdomains/construction/index.asp
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Annex 4: State-of-play EOTA in the framework of the CPD (2005-08-17)
End of co- OJ ETA-Guideline existence Reference period C212 ETAG 001-1 Metal Anchors for Use in Concrete - Parts 1, 2 and 3 31/07/2002 (06/09/2002) C212 ETAG 001-2 Metal Anchors for Use in Concrete - Parts 1, 2 and 3 31/07/2002 (06/09/2002) C212 ETAG 001-3 Metal Anchors for Use in Concrete - Parts 1, 2 and 3 31/07/2002 (06/09/2002) C212 ETAG 001-4 Metal Anchors for Use in Concrete - Part 4 31/07/2002 (06/09/2002) C212 ETAG 001-5 Metal Anchors for Use in Concrete - Part 5 28/02/2005 (06/09/2002) C271 ETAG 001-6 Metal Anchors for Use in Concrete – Part 6 01/08/2006 (12/11/2003) C310 (13/12/2002) ETAG 002-1 Structural Sealant Glazing Systems - Part 1 30/06/2003 C212 (06/09/2002) C212 Structural Sealant Glazing Systems - Part 2 : Coated ETAG 002-2 16/10/2004 (06/09/2002) Aluminium Systems C212 Structural Sealant Glazing Systems - Part 3 : Systems ETAG 002-3 28/02/2005 (06/09/2002) incorporating profiles with thermal barrier C212 ETAG 003 Internal Partition Kits 31/03/2004 (06/09/2002) C212 External Thermal Insulation Composite Systems with ETAG 004 18/05/2003 (06/09/2002) Rendering C212 ETAG 005 Liquid Applied Roof Waterproofing Kits 18/05/2003 (06/09/2002) C212 Systems of Mechanically Fastened Flexible Roof ETAG 006 18/05/2003 (06/09/2002) Waterproofing Membranes C212 ETAG 007 Timber Frame Building Kits 24/05/2004 (06/09/2002) C212 ETAG 008 Prefabricated Stair Kits 16/10/2004 (06/09/2002) Non load-bearing permanent shuttering kits/systems C212 ETAG 009 based on hollow blocks or panels of insulating materials 28/02/2005 (06/09/2002) and sometimes concrete C271 ETAG 010 Self Supporting Translucent roof Kits 01/08/2006 (12/11/2003) C212 ETAG 011 Light Composite Wood-based Beams and Columns 16/10/2004 (06/09/2002) C212 ETAG 012 Log Building Kits 28/02/2005 (06/09/2002) C212 ETAG 013 Post Tensioning Kits for prestressing of Structures 28/02/2005 (06/09/2002) C212 ETAG 014 Plastic Anchors for ETICS 16/10/2004 (06/09/2002) C271 ETAG 015 Three Dimensional Nailing Plates 01/08/2007 (12/11/2003)
Performance Based Building and the Construction Products Directive 89 C 115 ETAG 016-1 Composite Light Weight Panels - Part 1: General 09/11/2006 (30/04/2004) Composite Light Weight Panels - Part 2: Specific C 115 ETAG 016-2 aspects relating to Self-supporting Composite 17/11/2006 (30/04/2004) Lightweight Panels for use in roofs Composite Light Weight Panels - Part 3: Specific aspects relating to Self-supporting Composite Not yet ETAG 016-3 Lightweight Panels for use in external walls and claddings Composite Light Weight Panels - Part 4: Specific Not yet ETAG 016-4 aspects relating to Self-supporting Composite Lightweight Panels for use internally Not yet ETAG 017 Vêture Kits Letter to SCC ETAG 018-1 Fire Protective Products – Part 1: General 01/08/2007 Members Fire Protective Products – Part 2: Reactive coatings for Not yet ETAG 018-2 fire protection of steel elements Fire Protective Products – Part 3: Renderings and Not yet ETAG 018-3 rendering kits intended for fire resisting applications Letter to Fire Protective Products – Part 4: Fire Protective Board, SCC ETAG 018-4 01/08/2007 Slab and Mat Products and Kits Members Prefabricated Wood-based Loadbearing Stressed Skin Not yet ETAG 019 Panels Not yet ETAG 020-1 Plastic Anchors – Part 1: General Plastic Anchors – Part 2: For use in normal weight Not yet ETAG 020-2 concrete Cold storage premises kits – Part 1: Cold storage room Not yet ETAG 021-1 kits Cold storage premises kits – Part 2: Cold storage Not yet ETAG 021-2 building and building envelope kits In addition, EOTA foresees the adoption of more than 130 Common Understanding of Assessment Procedures, in accordance with CPD Art. 9(2), some of which have been finalized. More than 200 ETAs have been issued.
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Annex 5: Overview of EC Decisions regarding attestation of conformity (2005-08-17)
OJE Reference Decision Publication Commission Decision of 31 May 1995 implementing Article 20 (2) of Council Directive 89/106/EEC on construction products: THERMAL INSULATING L129 95/204/EC15 PRODUCTS, DOORS, WINDOWS, SHUTTERS, GATES AND RELATED (14/06/1995) BUILDING HARDWARE.MEMBRANES, PRECAST NORMAL /LIGHTWEIGHT / AUTOCLAVED AERATED CONCRETE PRODUCTS Commission Decision of 24 October 1995 implementing Article 20 (2) of Council Directive 89/106/EEC on construction products .CHIMNEYS, FLUES L268 95/467/EC AND SPECIFIC PRODUCTS .GYPSUM PRODUCTS .STRUCTURAL (10/11/1995) BEARINGS Commission Decision of 24 June 1996 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L254 96/577/EC Directive 89/106/EEC as regards fixed fire-fighting systems (Text with EEA (08/10/1996) relevance) Commission Decision of 24 June 1996 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L254 96/578/EC Directive 89/106/EEC as regards sanitary appliances (Text with EEA (08/10/1996) relevance) Commission Decision of 24 June 1996 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L254 96/579/EC Directive 89/106/EEC as regards circulation fixtures (Text with EEA (08/10/1996) relevance) Commission Decision of 24 June 1996 on the procedure for attesting the L254 96/580/EC conformity of construction products pursuant to Article 20 (2) of Council (08/10/1996) Directive 89/106/EEC as regards curtain walling (Text with EEA relevance) Commission Decision of 24 June 1996 on the procedure for attesting the L254 96/581/EC conformity of construction products pursuant to Article 20 (2) of Council (08/10/1996) Directive 89/106/EEC as regards geotextiles (Text with EEA relevance) Commission Decision of 24 June 1996 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L254 96/582/EC Directive 89/106/EEC as regards structural sealant glazing systems and (08/10/1996) metal anchors for concrete (Text with EEA relevance) Commission Decision of 17 February 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L62 97/161/EC Directive 89/106/EEC as regards metal anchors for use in concrete for fixing (04/03/1997) lightweight systems (Text with EEA relevance) Commission Decision of 17 February 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L73 97/177/EC Directive 89/106/EEC as regards metal INJECTION anchors for use in (14/03/1997) MASONRY (Text with EEA relevance) Commission Decision of 17 February 1997 on the procedure for attesting the L73 97/176/EC conformity of construction products pursuant to Article 20 (2) of Council (14/03/1997)
15 The judgement of the Court of 10 February 1998 (Case C-263/95) annulled Commission Decision 95/204/EC due to infringement of procedural requirements.
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OJE Reference Decision Publication Directive 89/106/EEC as regards STRUCTURAL TIMBER PRODUCTS AND ANCILLARIES (Text with EEA relevance) Commission Decision of 27 June 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L198 97/463/EC Directive 89/106/EEC as regards plastic anchors for use in concrete and (25/07/1997) masonry (Text with EEA relevance) Commission Decision of 27 June 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L198 97/462/EC Directive 89/106/EEC as regards wood-based panels (Text with EEA (25/07/1997) relevance) Commission Decision of 27 June 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L198 97/464/EC Directive 89/106/EEC as regards waste water engineering products (Text (25/07/1997) with EEA relevance) Commission Decision of 14 July 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L229 97/556/EC Directive 89/106/EEC as regards external thermal insulation composite (20/08/1997) systems/kits with rendering (ETICS) (Text with EEA relevance) Commission Decision of 14 July 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L229 97/555/EC Directive 89/106/EEC as regards cements, building limes and other hydraulic (20/08/1997) binders (Text with EEA relevance) Commission Decision of 14 July 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L240 97/597/EC Directive 89/106/EEC as regards reinforcing and pre stressing steel for (02/09/1997) concrete (Text with EEA relevance) Commission Decision of 19 September 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L268 97/638/EC Directive 89/106/EEC as regards FASTENERS FOR STRUCTURAL (01/10/1997) TIMBER (Text with EEA relevance) Commission Decision of 14 October 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council L299 97/740/EC Directive 89/106/EEC as regards masonry and related products (Text with (04/11/1997) EEA relevance) Commission Decision of 20 November 1997 on the procedure for attesting L331 97/808/EC the conformity of construction products pursuant to Article 20 (2) of Council (03/12/1997) Directive 89/106/EEC as regards floorings (Text with EEA relevance) Commission Decision of 3 February 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L42 98/143/EC Directive 89/106/EEC as regards systems of mechanically fastened flexible (14/02/1998) roof waterproofing membranes (Text with EEA relevance) Commission Decision of 9 March 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L80 98/213/EC Directive 89/106/EEC as regards Internal partition kits (Text with EEA (18/03/1998) relevance) Commission Decision of 9 March 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L80 98/214/EC Directive 89/106/EEC as regards Structural metallic products and ancillaries (18/03/1998) (Text with EEA relevance)
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OJE Reference Decision Publication Commission Decision of 5 December 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L127 98/279/EC Directive 89/106/EEC as regards non load-bearing permanent shuttering (29/04/1998) kits/systems based on hollow blocks or panels of insulating materials and, sometimes, concrete (Text with EEA relevance) Commission Decision of 30 June 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L194 98/437/EC Directive 89/106/EEC as regards internal and external wall and ceiling (10/07/1998) finishes (notified under document number C(1998) 1611) (Text with EEA relevance) Commission Decision of 22 June 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L194 98/436/EC Directive 89/106/EEC as regards roof coverings, rooflights, roof windows (10/07/1998) and ancillary products (notified under document number C(1998) 1598) (Text with EEA relevance) Commission Decision of 3 July 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L201 98/456/EC Directive 89/106/EEC as regards post-tensioning kits for the prestressing of (17/07/1998) structures (Text with EEA relevance) Corrigendum to Commission decision 98/437/EC of 30 June 1998 on the procedure for attesting of conformity of construction products pursuant to L 278 98/437/EC article 20(2) of Council Directive 89/106/EEC as regards internal and (15/10/1998) external wall and ceiling finishes (notified under document number C(1998) 1611) (Text with EEA relevance) Commission Decision of 12 October 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L287 98/599/EC Directive 89/106/EEC as regards liquid applied roof waterproofing kits (Text (24/10/1998) with EEA relevance) Commission Decision of 12 October 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L287 98/600/EC Directive 89/106/EEC as regards self-supporting translucent roof kits (except (24/10/1998) glass-based kits) (Text with EEA relevance) Commission Decision of 13 October 1998 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L287 98/601/EC Directive 89/106/EEC as regards road construction products (Text with EEA (24/10/1998) relevance) Commission Decision of 9 October 1998 on the procedure for attesting the L287 98/598/EC conformity of construction products pursuant to Article 20(2) of Council (24/10/1998) Directive 89/106/EEC as regards aggregates (Text with EEA relevance) Commission Decision of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L29 99/92/EC Directive 89/106/EEC as regards light composite wood-based beams and (03/02/1999) columns (Text with EEA relevance) Commission Decision of 25 January 1999 on the procedure for attesting the L29 99/90/EC conformity of construction products pursuant to Article 20(2) of Council (03/02/1999) Directive 89/106/EEC as regards membranes (Text with EEA relevance) Commission Decision of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L29 99/93/EC Directive 89/106/EEC as regards doors, windows, shutters, blinds, gates and (03/02/1999) related building hardware (Text with EEA relevance)
Performance Based Building and the Construction Products Directive 93
OJE Reference Decision Publication Commission Decision of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L29 99/91/EC Directive 89/106/EEC as regards thermal insulating products (Text with EEA (03/02/1999) relevance) Commission Decision of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L29 99/89/EC Directive 89/106/EEC as regards prefabricated stair kits (Text with EEA (03/02/1999) relevance) Commission Decision of 25 January 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L29 99/94/EC Directive 89/106/EEC as regards precast normal/ lightweight/ autoclaved (03/02/1999) aerated concrete products (Text with EEA relevance) Commission Decision of 22 June 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L178 99/454/EC Directive 89/106/EEC as regards fire stopping, fire sealing and fire protective (14/07/1999) products (Text with EEA relevance) Commission Decision of 18 June 1999 amending decisions on the procedure for attesting the conformity of construction products pursuant to Article 20(2) L178 99/453/EC of Council Directive 89/106/EEC as regards circulation fixtures and floorings (14/07/1999) (Text with EEA relevance) Commission Decision of 22 June 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L178 99/455/EC Directive 89/106/EEC as regards timber frame & log prefabricated building (14/07/1999) kits (Text with EEA relevance) Commission Decision of 29 June 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L184 99/470/EC Directive 89/106/EEC as regards construction adhesives (Text with EEA (17/07/1999) relevance) Commission Decision of 25 June 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L184 99/469/EC Directive 89/106/EEC as regards products related to concrete, mortar and (17/07/1999) grout (Text with EEA relevance) Commission Decision of 1 July 1999 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L184 99/472/EC Directive 89/106/EEC as regards pipe tanks & ancillaries not in contact with (17/07/1999) water intended for human consumption (Text with EEA relevance) Commission decision of 2 February 2000 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L077 2000/245/EC Directive 89/106/EEC as regards flat glass, profiled glass and glass block (28/03/2000) products; Commission Decision 2000/273/EC of 27 March 2000 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of L086 2000/273/EC Council Directive 89/106/EEC as regards seven products for European (07/04/2000) Technical Approvals without Guideline Commission Decision 2000/447/EC of 13 June 2000 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of L180 2000/447/EC Council Directive 89/106/EEC as regards prefabricated wood-based load- (19/07/2000) bearing stressed skin panels and self-supporting composite light weight panels
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OJE Reference Decision Publication Commission Decision 2000/606/EC of 26 September 2000 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) L258 2000/606/EC of Council Directive 89/106/EEC as regards six products for European (12/10/2000) Technical Approvals without Guideline Commission Decision 2001/19/EC of 20 December 2000 on the procedure L5 2001/19/EC for attesting the conformity of construction products pursuant to Article 20(2) (10.1.2001) of Council Directive 89/106/EEC as regards expansion joints for road bridges Commission Decision 2001/308/EC of 31 January 2001 on the procedure for L107 2001/308/EC attesting the conformity of construction products pursuant to Article 20(2) of (18.4.2001) Council Directive 89/106/EEC as regards vetures Commission Decision 2001/596/EC of 8 January 2001 amending Decisions 95/467/EC, 96/578/EC, 96/580/EC, 97/176,EC, 97/462/EC, 97/556/EC, 97/740/EC, 97/808/EC, 98/213/EC, 98/214/EC, 98/279/EC, 98/436/EC, 98/437/EC, 98/599/EC, 98/600/EC, 98/601/EC, 1999/89/EC, 1999/90/EC, L209 2001/596/EC 1999/91/EC, 1999/454/EC, 1999/469/EC, 1999/470/EC, 1999/471/EC, (2.8.2001) 1999/472/EC, 2000/245/EC, 2000/273/EC and 2000/447/EC on the procedure for attesting the conformity of certain construction products pursuant to Article 20 of Council Directive 89/106/EEC Commission Decision 2002/359/EC of 13 May 2002 on the procedure for attesting the conformity of construction products in contact with water L127 2002/359/EC intended for human consumption, pursuant to Article 20(2) of Council (14.5.2002) Directive 89/106/EEC Commission Decision 2002/592/EC of 15 July 2002 amending Decisions 95/467/EC, 96/577/EC, 96/578/EC and 98/598/EC on the procedure for L192 2002/592/EC attesting the conformity of construction products pursuant to Article 20(2) of (20.7.2002) Council Directive 89/106/EEC as regards gypsum products, fixed fire-fighting systems, sanitary appliances and aggregates respectively Commission Decision 2003/639/EC of 4 September 2003 on the procedure L226 2003/639/EC for attesting the conformity of construction products pursuant to Article 20(2) (10.9.2003) of Council Directive 89/106/EEC as regards pins for structural joints Commission Decision 2003/640/EC of 4 September 2003 on the procedure L226 2003/640/EC for attesting the conformity of construction products pursuant to Article 20(2) (10.9.2003) of Council Directive 89/106/EEC as regards kits for exterior wall claddings Commission Decision 2003/655/EC of 12 September 2003 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) L231 2003/655/EC of Council Directive 89/106/EEC as regards watertight covering kits for (17.9.2003) wetroom floors and walls Commission Decision 2003/656/EC on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council L231 2003/656/EC Directive 89/106/EEC as regards seven products for European technical (17.9.2003) approvals without Guideline Commission Decision 2003/722/EC of 6 October 2003 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of L260 2003/722/EC Council Directive 89/106/EEC as liquid-applied bridge deck waterproofing (11.10.2003) kits Commission Decision 2003/728/EC of 3 October 2003 on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of L262 2003/728/EC Council Directive 89/106/EEC as regards metal frame building kits, concrete (14.10.2003) frame building kits, prefabricated building units, cold storage room kits and rock-fall protection kits
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OJE Reference Decision Publication Commission Decision 2004-663/EC of 20 September 2004 amending Commission Decision 97/464/EC on the procedure for attesting the L302 2004/663/EC conformity of construction products pursuant to Article 20(2) of Council (29.09.2004) Directive 89/106/EEC as regards waste water engineering products
96 Performance Based Building and the Construction Products Directive
Annex 6: Overview of EC Decisions regarding fire behaviour (2004-06-07)
Reference Decision OJE Publication Commission Decision of 9 September 1994 implementing Article 20 of L 241 94/611/EC Directive 89/106/EEC on construction products Classes of reaction to (16.09.94) fire performance of building products
Commission Decision of 4 October 1996 establishing the LIST OF PRODUCTS BELONGING TO CLASSES A 'NO CONTRIBUTION TO L 267 96/603/EC FIRE' provided for in Decision 94/611/EC implementing Article 20 of (19.10.96) Council Directive 89/106/EEC on construction products (Text with EEA relevance)
Commission Decision of 3 July 1998 concerning the TEST OF THE SINGLE BURNING ITEM (SBI) referred to in Decision 94/611/EC L 201 98/457/EC implementing Article 20 of Council Directive 89/106/EEC on construction (17.07.98) products (notified under document number C(1998) 1743) (Text with EEA relevance)
Commission Decision of 8 February 2000 implementing Council Directive 89/106/EEC as regards the CLASSIFICATION OF THE L 050 00/147/EC REACTION TO FIRE PERFORMANCE of construction products (Text (23.02.00) with EEA relevance)
Commission Decision of 3 May 2000 implementing Council Directive 89/106 as regards THE CLASSIFICATION OF THE RESISTANCE TO L133 00/367/EC FIRE PERFORMANCE OF CONSTRUCTION PRODUCTS (06.06.00) CONSTRUCTION WORKS AND PARTS THEREOF.
Commission Decision of 19 September 2000 implementing Commission decisions on the procedure for attesting the conformity of construction L235 00/553/EC products pursuant to Art 20 (2) of Council Directive 89/106/EEC as (19.09.00) regards the external fire performance of ROOF COVERINGS
Commission Decision amending Commission decision 96/603/EC establishing the list products belonging to class A “No contribution to L258 2000/605/EC fire” provided for in Decision 94/611/EC implementing Art.20 of Council (12.10.00) Directive 89/106 on construction products
Corrigendum to Commission Decision 2000/147/EC of 8 February 2000 implementing Council Directive 89/106/EC as regards classification of L85
the reaction to fire performance of construction products - changes to (24.03.01) EN, FR, IT, PT & DK versions
Commission Decision of 21 August implementing Council Directive L235 2001/671/EC 89/106/EEC as regards the classification of the external fire (04.09.01) performance of roofs/roof coverings
Corrigendum to Commission Decision 2003/43/EC of 17 January 2003 L33 establishing the classes of reaction to fire performance for certain (8.2.2003) construction products
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Reference Decision OJE Publication Commission Decision of 17th January 2003 establishing the classes of L13 2003/43/EC reaction-to fire performance for certain construction products (CWFT (18.01.03) decision wood based panels)
Commission Decision amending Commission Decision 96/603/EC establishing the list of products belonging to Classes A "No contribution L144 2003/424/EC to fire" provided for in Decision 94/611/EC implementing Article 20 of (12.6.03) Council Directive 89/106/EEC on construction products
Commission Decision of 7 August 2003 amending Decision 2003/43/EC L201 2003/593/EC establishing the classes of reaction-to-fire performance of certain (8.08.03) construction products
Commission Decision of 27 August 2003 amending Decision 2000/367/EC establishing a classification system for resistance to fire L218 2003/629/EC performance for construction products, as regards the inclusion of (30.08.03) smoke and heat control products.
Commission Decision of 26 August 2003 amending Decision 2000/147/EC implementing Council Directive 89/106/EEC establishing a L220 2003/632/EC classification system for the reaction to fire performance of construction (3.9.2003) products
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Annex 7: Systems of attestation of conformity
Legal basis
The Commission is required to select, between the two procedures under Article 13(3) of Directive 89/106/EEC for attesting the conformity of a product, the least onerous possible procedure consistent with safety. Whereas this means that it is necessary to decide whether, for a given product or family of products, the existence of a factory production control system under the responsibility of the manufacturer is a necessary and sufficient condition for an attestation of conformity, or whether, for reasons related to compliance with the criteria mentioned in Article 13(4), the intervention of an approved certification body is required.
Article 13(4) requires that the procedure thus determined shall be indicated in the mandates and in the technical specifications. The two procedures provided for in Article 13(3) are described in detail in Annex III to Directive 89/106/EEC.
The measures provided for in Commission Decisions are in accordance with the opinion of the Standing Committee on Construction.
Commission Decisions on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC are published in the Official Journal of the European Union and shall be referred to in harmonised technical specifications.
Distinction between the systems
The procedure referred to in Article 13(3)(a) corresponds to the systems set out in the first possibility, without continuous surveillance, and the second and third possibilities of Annex III(2)(ii). The procedure referred to in Article 13(3)(b) corresponds to the systems set out in Annex III(2)(i), and in the first possibility, with continuous surveillance, of III(2)(ii).
System 1+ Annex III.2.(i) to Directive 89/106/EEC, with audit-testing of samples. System 1 Annex III.2.(i) to Directive 89/106/EEC, without audit-testing of samples. System 2+ Annex III(2)(ii) to Directive 89/106/EEC, first possibility, including certification of factory production control by an approved body on the basis of initial inspection of factory and of factory production control as well as of continuous surveillance, assessment and approval of the factory production control. System 2 Annex III(2) (ii) of Directive 89/106/EEC, first possibility, including certification of the factory production control by an approved body on the basis of initial inspection of factory and of factory production control (without continuous surveillance, assessment and approval of factory production control) System 3 Annex III(2)(ii) to Directive 89/106/EEC, second possibility. System 4 Annex III(2)(ii) to Directive 89/106/EEC, third possibility.
Performance Based Building and the Construction Products Directive 99 Distinction between tasks
System 1+
Tasks for: Tasks: Factory Production control Manufacturer Initial type testing Initial type testing Initial inspection of factory and of factory production control Notified Body Continuous surveillance, assessment and approval of factory production control Audit testing Product certification
System 1
Tasks for: Tasks: Factory Production control Manufacturer Initial type testing Initial type testing Initial inspection of factory and of factory production control Notified Body Continuous surveillance, assessment and approval of factory production control Product certification
System 2+
Tasks for: Tasks: Factory Production control Manufacturer Initial type testing Initial inspection of factory and of factory production control Notified Body Continuous surveillance, assessment and approval of factory production control FPC certification
System 2
Tasks for: Tasks: Factory Production control Manufacturer Initial type testing Initial inspection of factory and of factory production control Notified Body FPC certification
System 3
Tasks for: Tasks: Factory Production control Manufacturer Initial type testing Notified Body Initial type testing
System 4
Tasks for: Tasks: Manufacturer Factory Production control
100 Performance Based Building and the Construction Products Directive Initial type testing
Performance Based Building and the Construction Products Directive 101
Annex 8: Overview of EC Guidance papers under the CPD
• GP A: The Designation Of Approved Bodies In The Field Of The Construction Products Directive • GP B: The Definition Of Factory Production Control In Technical Specifications For Construction Products • GP C: The Treatment Of Kits And Systems Under The Construction Products Directive • GP D: CE Marking Under The Construction Products Directive • GP E: Levels And Classes In The Construction Products Directive • GP F: Durability And The Construction Products Directive • GP G: The European Classification System For The Reaction To Fire Performance Of Construction Products • GP H: A Harmonised Approach Relating To Dangerous Substances Under The Construction Products Directive • GP I: The Application Of Article 4(4) Of The Construction Products Directive • GP J: Transitional Arrangements Under The Construction Products Directive • GP K: The Attestation of Conformity systems and the role and tasks of the notified bodies in the field of the construction products directive • GP L: Application and use of Eurocodes
Annex 9: Overview of Group of Notified Bodies’ position papers
Published on the EC Website “Nando” • General: Numbering of certificates of conformity • General: Guidance to notified bodies on the attestation of conformity under the Construction Products Directive • General: Examples of certificates of conformity • General: Checklists for initial inspection of factory and factory production control and continuous surveillance • General: The use of manufacturer’s testing facilities by notified testing • General: Historic data • SG01: EN 13964 - Suspended ceilings - requirements and test methods: overview of standard clauses that require further detailing and proposed solutions • SG02: Operating procedure for the attestation of conformity of common cements in compliance with annex ZA of EN 197-1 • SG02: EN 12620, EN 13043, EN 13055-1, EN 13139, EN 13383-1, EN 13242 & EN 13450 - Certificate of factory production control related to aggregates • SG02: EN 459-1 - Certification of factory production control related to building limes • SG02: EN 934-2 and EN 934-4 - Procedures for certifying FPC for admixtures for concrete, grout and for prestressing tendons • SG02: EN 998-2 - The certificate of factory production control for masonry mortar • SG05: ETAG 002: Structural sealant glazing systems - Routes to CE-marking • SG06: EN 1125/A1:2001 and EN 179/A1:2001 - Inspection of factory production control (FPC) for CE marking purposes, for panic and emergency exit devices • SG06: EN 1125/A1:2001 and EN 179/A1:2001 - Treatment of historic data for CE marking purposes, for panic and emergency exit devices • SG07: Requirements for testing and FPC for new and modified products in SG07 – against harmonised standards • SG10: Operating procedures for the certification of factory production control related to masonry units (Category 1) in compliance with Annex ZA of the EN 771-1 series
102 Performance Based Building and the Construction Products Directive • SG11: Guidance to notified bodies regarding checking factory production for geotextile and geotextile related products • SG19: Guidance to notified bodies on the transitional arrangements for the CE marking of thermal insulation products
Performance Based Building and the Construction Products Directive 103
Annex 10: CEN Membership
CEN Member Bodies:
EEA (EU + EFTA) Country National Standardization Body Membership
Österreichisches Austria ÖN EU Normungsinstitut
Institut Belge de Normalisation - Belgium Belgisch Instituut voor IBN/BIN EU Normalisatie
Cyprus Cyprus Organization for CYS EU Standards
Czech Republic Czech Standards Institute CSNI EU
Denmark Dansk Standard DS EU
Estonian Centre for Estonia EVS EU Standardisation
Finland Suomen Standardisoimisliitto r.y. SFS EU
France Association Française de AFNOR EU Normalisation
Germany Deutsches Institut für Normung DIN EU e.V.
Hellenic Organization for Greece ELOT EU Standardization
Hungary Hungarian Standards Institution MSZT EU
Iceland Icelandic Standards IST EFTA
Ireland National Standards Authority of NSAI EU Ireland
Ente Nazionale Italiano di Italy UNI EU Unificazione
Latvia Latvian Standards Ltd LVS EU
Lithuania Lithuanian Standards Board LST EU
Luxembourg Service de l'Energie de l'Etat SEE EU
Malta Malta Standards Authority MSA EU
Norway Norges Standardiseringsforbund NSF EFTA
Polish Committee for Poland PKN EU Standardization
104 Performance Based Building and the Construction Products Directive
Portugal Instituto Português da Qualidade IPQ EU
Slovakia Slovak Standards Institute SUTN EU
Slovenia Slovenian Institute for SIST EU Standardization
Asociación Española de Spain AENOR EU Normalización y Certificación
Sweden Swedish Standards Institute SIS EU
Schweizerische Normen- Switzerland SNV EFTA (not EEA*) Vereinigung
The Netherlands Nederlands Normalisatie-instituut NEN EU
United Kingdom British Standards Institution BSI EU
* Switzerland is EFTA member, but not EEA. The CPD does not apply in Switzerland
Performance Based Building and the Construction Products Directive 105
Annex 11: ISO CASCO and CEN/CLC/TC1 Publications
Conformity assessment - General Vocabulary EN ISO/IEC 17000:2004 vocabulary
Guidelines for drafting of standards Standards and conformity ISO/IEC Guide 7:1994 suitable for use for conformity assessment assessment Code of good practice for Code of good practice for conformity ISO/IEC Guide 60:1994 conformity assessment assessment Methods of indicating conformity with ISO/IEC Guide 23:1982 standards for third-party certification systems Guidelines for corrective action to be taken by a certification body in the Marks of conformity ISO Guide 27:1983 event of misuse of its mark of conformity Conformity assessment -- General EN ISO/IEC 17030 requirements for third-party marks of conformity
Conformity assessment - Supplier's declaration of conformity Part 1: EN ISO/IEC 17050-1:2004 General requirements (ISO/IEC/DIS Supplier's declaration of 17050-1:2003) conformity (SDoC)
Conformity assessment - Supplier's declaration of conformity- Part 2: EN ISO/IEC 17050-2:2004 Supporting documentation (ISO/IEC/DIS 17050-2:2003)
General requirements for bodies operating assessment and EN ISO/IEC 17011:2004 certification/registration of quality or environment management systems Accreditation General requirements for assessment ISO/IEC Guide 61:1996 and accreditation of certification/registration bodies General requirements for bodies ISO/IEC TR 17010:1998 providing accreditation of inspection bodies General requirements for peer assessment of conformity assessment Peer assessment EN ISO/IEC 17040:2005 bodies and accreditation bodies (ISO/IEC DIS 17040:2003) Arrangements for the recognition and Mutual recognition ISO/IEC Guide 68:2002 acceptance of conformity assessments results
106 Performance Based Building and the Construction Products Directive General requirements for the EN ISO/IEC 17025:2005 competence of testing and calibration laboratories Proficiency testing by interlaboratory comparisons – Part 1: Development ISO/IEC Guide 43-1:1997 Calibration/Testing and operation of proficiency testing schemes Proficiency testing by interlaboratory comparisons – Part 2: Selection and ISO/IEC Guide 43-2:1997 use of proficiency testing schemes by laboratory accreditation bodies General criteria for the operation of Inspection ISO/IEC 17020:2004 various types of bodies performing inspection General requirements for bodies ISO/IEC Guide 65:1996 operating product certification systems Conformity assessment – ISO/IEC Guide 67:2004 Fundamentals of product certification Product certification General rules for a model third party ISO/IEC Guide 28:2004 certification system for products An approach to the utilization of a ISO/IEC Guide 53:1988 supplier’s quality system in third party product certification General requirements for bodies operating assessment and ISO/IEC Guide 62:1996 certification/registration of quality systems System certification General requirements for bodies operating assessment and ISO/IEC Guide 66:1999 certification/registration of environmental management systems (EMS) General requirements for bodies Certification of persons ISO/IEC 17024:2003 operation certification of persons
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