CONSTRUCTION

The European Construction Products Regulation (CPR) An overview and Comparison with the Construction Products Directive
Effective from April 2011

BRIEFINGS

1 Introduction
We are facing the most significant change for a decade in the way in which construction products are manufactured and sold in the European Union. Most affected will be the UK, Ireland and Sweden because it will become mandatory for many construction products which fall under the scope of the Construction Product Regulation to make a declaration of their performance - and to carry the CE mark to demonstrate this before they can be placed on the market in the UK and indeed the rest of Europe. These three Member States previously allowed voluntary application of the CE mark. An understanding of the CPR will be essential for all manufacturers, specifiers, importers, distributors and purchasers of construction products. The Construction Product Regulation (305/2011) will replace the Construction Products Directive (89/106/EEC, as amended by Directive 1993/68/EEC the CPD). The CPD was implemented in the UK in the form of the UK Construction Products Regulations 1991, not to be confused with the European CPR. The aim of the revision is to address some perceived problems with the text of the current Directive and the ways in which it has been implemented, rather than to completely revise the practical processes for CE marking of products already established in all Member States. This briefing aims to cover the following topics: Purpose of the CPR Timescales for implementation Overview of the CPR Content and structure Comparison of the CPR and CPD

2 Scope of Briefing
This construction briefing is aimed at the semi-technical reader, who already has a basic knowledge of the Directive and wants to understand the important changes under the new Regulation. The subject area is complex and vast as there are currently 430 published technical specifications under the CPD/CPR and TRADA recognises that further specific technical guidance will be necessary.
CE marked product.

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BRIEFINGS
3 Purpose of the CPR
The fundamental principles of the CPR are the same as the CPD: To break down technical barriers to trade in construction products between Member States in the European Economic Area (EEA). To provide for a system of harmonised technical specifications. To establish harmonised rules on how to express the performance of construction products in relation to essential characteristics. To generate a framework of Notified Bodies (bodies accredited by the EU to perform testing and certification activities with regard to this regulation). To allow the CE marking of products. Note that the Directive did not aim to harmonise regulations and requirements concerning the actual construction works (e.g. the Building Regulations in the UK) and neither does the new Regulation. Member States and public and private sector procurers are free to set their own requirements on the performance of buildings and construction works and therefore performance levels of products. The purpose of the revision is: To simplify and clarify the existing CPD framework, especially in the areas where no harmonised standards exist. To improve transparency and effectiveness of the existing measures. Hence, to improve the credibility of the Directive. To reduce the financial burden on manufacturers, in particular small and medium sized enterprises. To clarify the obligation to apply a CE mark and the resulting consequences of non-compliance. To improve market surveillance, or in other words enforcement of the legislation.

4 Timescales for implementation

4.1 General
Much of the CPR came into force in April 2011, 20 days after it was published in the official journal of the European Union. The first raft of changes to come into force are aimed at Notified Bodies and technical approval bodies and relate to the way in which they operate. Once these changes are established, then the full legislation relating to manufacturers, importers and distributors will come into force on 1st July 2013. It is our understanding that any construction products manufactured from this date, which are covered by a harmonised standard, will need to be CE marked.

4.2

European Technical Assessments

The first stage is to establish a network of assessment bodies, which should be completed by the first quarter of 2012. No further contracts relating to the old European Technical Approvals will be entered into after 2nd quarter of 2012. In the third quarter of 2013 the first European Assessment Documents (EADs) and assessments will start to appear.

4.3

The Building Regulations

The UK Building Regulations have recognised the system of CE marking and associated EN test and product standards for many years. Future amendments to the various guidance documents will reflect the compulsory status of CE marking.

5 Overview of the CPR

The CPD was a relatively short document of 24 articles, 4 annexes and 16 pages. Of course this was supported by a raft of interpretative documents, guidance documents and sector guidance. The CPR has 68 articles, 5 annexes and 43 pages, so there is certainly a lot more detail.

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Aspects The CPD listed 6 aspects referred to as essential requirements, or ERs, namely: 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.

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Implications

1. Basic Requirements for consideration For the first time manufacturers and indeed certification and assessment bodies will have to consider whether the construction works and the materials make sustainable use of natural resources. Issues such as how durable, recyclable and environmentally friendly materials are may be the subject of a legal declaration.

These works requirements constitute the elements of assessment and the essential characteristics which must be declared for the product.

The CPR now refers to these as basic works requirements, or BWRs. The same six aspects as for the CPD are still there, but a seventh is added: Sustainable use of natural resources.

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The European Construction Products Regulation (CPR)

2. Exceptions to the requirement for CE marking The CPD accepted that products that were individual and not made in series, could be exempt from full CE requirements.

The CPR adds further clarity here by referring to:

6 Comparison of the CPR and CPD

Basically if the construction operation is bespoke, or carried out on site, then CE marking requirements may not apply.

These types of products can be authorised by member states without the need for a declaration of performance.

Custom made products in response to a specific order, when installed by the manufacturer.

On-site manufacture.

For example a joiner creating a replacement window in a stately home would not require CE marking for this item of work.

Traditional, heritage type conservation projects.

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3. Consideration of dangerous substances

Dangerous here means in a regulated sense.

The CPR suggests that the need for The CPD only considered a very limited information on content of dangerous range of dangerous substances, eg substances shall be reviewed by April 2014. formaldehyde and pentachlorophenol.

It seems likely that the sensible thing to do would be to link into the REACH legislation. (Registration, Evaluation, Authorisation and restriction of Chemicals), rather than set up something new.

4. Declaration of performance

The CPR adds more detailed requirements to the document, important actual performance values and provides a template in Annex III.

This was a Declaration of Conformity under the CPD by the manufacturer, declaring the product and which technical specification it conformed to.

The new format requires more information, which improves traceability and identification of the relevant products and manufacturer.

Aspects The CPR clarifies that the document may The CPD did not consider the use of be in paper form, electronic form or even electronic media. presented on a website. It must be supplied in the language required by the member state in which it is sold. This in effect makes the declaration more accessible, but in a practical sense will rely on the purchaser to go and look for it.

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Implications

5. Supply of the Declaration

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6. Application of the CE mark The CPR clarifies that the year code applied with the CE mark is the year in which it was first affixed, and so does not change every year.

This simply means that manufacturers will not have to change their mark each year.

The European Construction Products Regulation (CPR)

This will raise awareness of the CPR, and will no doubt have the added consequence of improved enforcement. The product contact points in the U are provided by Business Link: www.businesslink.gov.uk/ productcontactpoint This is a new concept which comes in turn from the Regulation on Mutual Recognition of Goods. Each member state must establish Product Contact Points in their territory with the aim of providing information and advice free of charge to economic operators (see below) and competent authorities in other Member States about the national technical rules and requirements applicable to construction products in their Member State. The Product Contact Points shall also inform about a possible requirement for prior authorisation under the laws of their Member State and provide information about the remedies available in the event of a dispute between a competent authority and an economic operator.

7. Product Contact points

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Aspects The CPR places responsibility, not just on the manufacturer, but agents and importers too. This makes sense as it is intended to ensure a transfer of information from the source through to the end user. The CPD always placed most of the responsibilities on the manufacturer. The CPD made a flawed assumption that manufacturers sell their products to the end user. In reality a manufacturer outside the EU may well put their product into a supply chain, not knowing where the product will end up, or indeed the end use it may be put to. This results in greater legal responsibility for compliance with agents and importers. This shows much more of a chain of custody approach.

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Implications

8. Obligations of economic operators

Economic operators are defined as the manufacturer, importer, distributor, or authorised representative.

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The European Construction Products Regulation (CPR)

Such representatives would be largely responsible for ensuring conformity of the product, at a local level. For example a Chinese manufacturer may appoint an authorised representative in the UK. These may be appointed by the manufacturer with a written mandate. Basically the representative takes responsibility for keeping the declaration of performance for a specified time and making it available to a competent national authority should the need arise. Again the CPR adds responsibility to importers, who cannot sell non-compliant products. The importers must assure themselves that the manufacturer has done all that is required. The name and contact details for the importer must appear on the product, labelling or associated documents. This responsibility may even extend to testing and working with enforcing authorities. This makes it clear that importers have defined responsibility for the products they trade in. Failure to do this would breach the regulation and would make them subject to enforcement action.

9. Appointment of Authorised Representatives

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10. Obligations of importers

Aspects Distributors must also ensure the products they trade in are compliant.

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Implications

11. Obligations of distributors

Distributors now have similar duty of care Note that if an importer or distributor places obligations to importers. a product on the market under his trade name, or modifies a product, then he may be treated as the manufacturer.

12. Harmonised standards The CPR adds clarity to how standards are drawn up and implemented, but there is no real change here.

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13. Technical Assessment Bodies The CPR changes technical approvals, to technical assessments. The relevant issuing bodies become known as Technical Assessment Bodies (TABs).

The European Construction Products Regulation (CPR)

Under the CPD these were referred to as Little practical change, existing ETA bodies European Technical Approval Issuing Bodies. will most likely be re-designated as TABs. BM TRADA is working on converting its ETA issuing body status to TAB status. The CPR replaces the concept of European Technical Approval Guideline (ETAGs), and Common Understanding of Assessment Procedures (CUAPs) with European Assessment Documents (EADs). These work similarly to CUAPs, in that they are written in response to an ETA request. Under the CPD a request for an ETA for products where there is no harmonised standard would be conducted using an ETAG, or failing that a CUAP. The first point here is that this route to CE marking remains voluntary. The theory is that this should provide a faster route to certification for innovative products, with clearly defined timescales which assessment bodies need to meet. Any old ETAGs and ETAs will continue to be valid, but will need to be converted. The costs for this process are as yet unknown.

It is most likely that the old ETA issuing bodies will in the main be re-designated as TABs, but it is not an automatic transfer.

14. European Assessment Document

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ETAGs will remain valid and convert at some point to EADs.

Aspects Previously this would have been conducted under the European Organisation for Technical Approvals (EOTA) procedures.

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Implications

15. Principles for development of EADs The CPR aims to make this process more transparent, less costly and quicker. Indeed fixed time limits are imposed on the, yet to be established, Organisation of TABs. Annex II lays down the timescales. The clock starts after receipt of the technical file from the manufacturer, Then the TAB has 1 month to draw up a contract, 3 months to draw up an assessment plan, and then 6 months to final draft. This may not sound very quick, but at present no time scales are laid down at all.

The new process for EADs is described in Annex II of the CPR.

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16. Assessment and verification of constancy of performance The CPR renames this concept, but it is very similar to the old Attestation of Conformity (AoC), except that level 2 is removed to leave 5 levels: 1+, 1, 2+, 3 and 4. The CPD used the concept of Attestation of Conformity and set 6 levels: 1+, 1, 2+, 2, 3, and 4.

The European Construction Products Regulation (CPR)

In reality level 2 made little sense and very few standards are set at level 2; hence little impact apart from simplification. The CPR now allows a manufacturer to avoid the need for type testing in certain circumstances, for example: Deemed to satisfy by existing conditions or classification. Using data from another manufacturer for similar products with permission. By using data established for components used within a kit, or indeed assembly of a kit in accordance with detailed instructions. This is a good result for manufacturers as it should in certain circumstances reduce testing costs. It will be interesting to see whether manufacturers will be willing to allow access to their data. Of course this provides the opportunity for manufacturers of similar products to club together and share test costs.

In other words how the performance of the product is determined and then maintained against the relevant essential characteristics.

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17. Simplification of procedures

Aspects In theory this makes life easier for microenterprises. It will be interesting to see exactly how easy it is in practice to demonstrate equivalence.

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Implications

18. Micro-enterprises

The CPR now allows additional A micro-enterprise is defined as having less simplification for micro-enterprises. Where the harmonised standard is level 3 or 4, than 10 employees and less than or equal then they may use alternative but equivalent to 2 million Euro turnover. methods of type testing. Also they may downgrade their approach from level 3 to 4 and so self declare. Equivalence must be demonstrated by the manufacturer by specific technical documentation.

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The European Construction Products Regulation (CPR)

It is clear that the EC wants to improve policing and enforcement of the CPR. This is indeed a good thing as without it, there will be those who choose not to comply. In the UK enforcement is the responsibility of Trading Standards.

19. Market Surveillance

The CPR clarifies the actions to be taken Market surveillance means enforcement of by the enforcing authority (EA). It makes it clear that the EA shall take steps to prohibit the regulation. / restrict / or withdraw the product from the market in cases of non-compliance.

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7. General commercial consequences
It is clear that the European Commission wants CE marking of Construction Products to be taken more seriously. The UK, Ireland and Sweden have all lost their opt-out clause which was employed under the CPD. As an EU regulation, this gets transposed directly into national law, with little or no room for national interpretation. It is clear that manufacturers in these states with products subject to harmonised standards, will have a significant task to prepare type testing and implement appropriate factory production control systems before 1st July 2013.

CE marked product.

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Further help

BRIEFINGS
TRADA Construction Briefings
This document is part of a series of briefings for TRADA members on the key elements of building regulations and codes and how they relate to timber construction. Copies of all briefings are available at www.trada.co.uk. TRADA members may contact the Members Helpline for free on t: 01494 569601. BM TRADA is a notified body and ETA issuing body for the Construction Products Directive and can provide CE certification services where required. Contact BM TRADA Certification on: t: 01494 569671 e: mwilkinson@bmtrada.com

Feedback
We welcome feedback from readers and if you have any comments on the content of this briefing please contact us using the information below.

Disclaimer Further resources

European Commission: http://ec.europa.eu/enterprise/newapproach/nando/ This is the website of the European Commission and is useful for looking up notified bodies and Assessment bodies. CEN: http://www.cen.eu/cen/ This is the website of CEN and is useful for checking progress on harmonised standard activity.
Whilst every effort is made to ensure the accuracy of the advice given, the company cannot accept liability for loss or damage arising from the use of the information supplied. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form, by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owners.

TRADA Technology 2011 TRADA Technology is contracted by the Timber Research and Development Association to prepare and publish all Construction Briefings.

TRADA Technology
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