EUROPEAN UNION Internal Market Construction Products Directive

1. EUROPEAN UNIONInternal MarketConstruction Products Directive Odete Fernandes Astana, May 2006

2. Internal Market

3. Four fundamental pillars of the Internal Market • “The four freedoms“:freedom of movement of - goods(excluding agriculture and fisheries, which are included in the Agreement only to a very limited extent)- persons- services- capital. • ……ensure equal conditions of competition • Essential for European companies competitiveness and development

4. From…. • Commercial barriers • Technical barriers • Protectionism • Distrust

5. To…. • CONFIDENCEin products and companies • TRANSPARENCYof rules • HARMONIZATION of procedures

6. Free circulation of goods requires Overcoming technical barriers to trade Ensuring health and safety of consumers and users Harmonising legislation between EU member states

7. Conditions required • Same approach by all member states • Coherence in standards and regulations • Transparency of rules • Appropriate levels and methods of regulation • Impartiality and competence in conformity assessment • Harmonization of market surveillance activities • Adequate levels of technical and administrative infrastructures

9. Globalisation • In the 80s: New Approach • In the 90s: MRAs as an instrument of the global market • End of 90s: slogan of WTO:*tested once, certified once, accepted everywhere*

10. Internal market policySUPPORTING INSTRUMENTS • DIRECTIVE 98/34/CE ( 83/189/CE) e 98/48/CE Information and notification • NEW APPROACH(Resolution of 7 May 1985)standardisation; essential requirements; EC marking • GLOBAL APPROACH(Resolution of 21 Dec 1989)modules of conformity assessment (CA), notification of CA bodies; use of ISO 9000 e EN 45 000; resource to MRAs

11. New ApproachKey elements • Essential requirements • Harmonised standards • Conformity assessment procedures • CE Marking

12. New ApproachKey elements • Placing in the market • Essential requirements • Free movement of goods • Presumption of conformity • Reference to harmonised standards • Safeguard clause • Conformity assessment • Notified Bodies • EC Marking

13. Placing on the market MS mustensure that products are placed on the market and put into service without endangering the safety and healthMS are allowed to adopt provisions for the protection without requiring modifications of the product or influence the conditions for the placing on the market • Presumption of conformityProducts complying with national standards transposing harmonised standards, are presumed to comply with the corresponding essential requirements • Safeguard clauseIf a product compromises the safety and health of individuals , appropriate measures must be taken by MS to prohibit or restrict the placing on the MarketObligation to inform the Commission who must inform other MS if necessary

14. Essential requirements Allow • To implement legal obligations that may be imposed by national laws • establishment of standardisation mandates • Conformity assessment with those requirements, namely, in the absence of harmonised standards

15. Global Approach • Conformity assessment (CA) procedures • Reference to international or european standards (ISO 9001 and EN 45000 / ISO 17000) • Notification of CA Bodies • Mutual Recognition Agreements (MRA)

16. Before placing in the market, any product within the scope of a NA directive must- follow the essential requirements- be subject to the repective conformity assessment procedure and have the EC mark

17. Regulating area Voluntary area REFERENCE BODIES CONFORMITY ASSESSMENT BODIES Regulating Bodies Metrology Organizations Accreditation Bodies Market surveillance Bodies Standardisation bodies Labora-tories Certification and inspection Bodies Auditors and experts Rules and regulations Standards Central lab for metrology Quality infrastructure

18. Regulating area Voluntary area ORGANISMOS DE REFERENCIA CONFORMITY ASSESSMENT BODIES REFERENCE BODIES Metrology Organizations BPM OIML Accreditation Bodies EA IAF Standardisation bodies CEN ISO Entidades de regla-mentación Instituto de Metrología Entidad de Acredi-tación Sistema de vigilancia del mercado Entidades de normali-zación Labora-torios Certification and inspection Bodies Auditors and experts Entidades de vigilancia del mercado Standards Central Lab for metrology Reglamentos Normas Metrología de referencia Quality infrastructure

19. Dominio reglamentario Voluntary area ORGANISMOS DE REFERENCIA ORGANISMOS DE EVALUACIÓN DE CONFORMIDAD - Organismos acreditados CONFORMITY ASSESSMENT BODIES Laboratories ISO 17025 CERTIFICATION AND INSPECTION BODIES ISO/GUIDE 65 ISO 17021 ISO 17020 AUDITORS AND EXPERTS ISO 17024 Entidades de regla-mentación Instituto de Metrología Entidad de Acredi-tación Sistema de vigilancia del mercado Standardization bodies Labora-torios Organismos de certificación y de inspección Auditores y expertos registrados Entidades de vigilancia del mercado Reglamentos Standards Metrología de referencia Quality infrastructure

20. Product requirements established in standards.Conformity with standards is compulsory Certification Body establishes conformity assessment procedures Accreditation of certification Body Recognition Voluntary Mark Directives establish that conformity to essential requirements is obligatory Conformity assessment procedures are established by EC Decision and guided by standards Designation of a competent Body Notification EC Marking compulsory VoluntaryObligatory

21. EC directives • Each directive must be transposed and incorporated into national legislationsthrough harmonisation (not unification….) • All sectors are influenced by legal European acts

23. Construction Products Directive - CPD • Why construction?»»»»one of the main economic sectors common to all EC MS»»»» great amount of rules from the MS (ex: reaction to fire: 30 different types of tests for cables with 20 different ISO standard) • Goal of the directive:ensure that only products fit for their intended use are placed in the market Achieved through technical harmonization

24. General policy of the EC in the construction sector • Strengthen quality • Improve regulating framework • Improve level of training and education • Reorientation and strengthening of research and development activities

25. CONSTRUCTION PRODUCT ANY PRODUCT THAT IS INCORPORATED INTO A CONSTRUCTION WORK IN A PERMANENT MANNER • It is manufactured in a factory • It is delivered to the market for sale • It is regulated directly or indirectly through the construction regulations of at least one MS

26. Basis for the CPD • Single European Act of 1986priority for health and safety of European citizens • the New Approach method Each MS decides on the type of product that is suited for a particular application (principle of subsidiarity)

27. Implementation of the CPD • EC directives must be transposed into national legislations in order to regulate the placing on the market of the concerned products. A directive can be adopted with specifications for each country. • CPD is implemented according to the publication of the harmonised technical specifications • National laws, regulations and administrative provisions must be revised in order to make them compatible with the harmonised technical specification but cannot impose additional requirements from the ones in the hEN and ETAs.

28. Implementation of the CPD • National provisions are applied while there are no harmonised technical specifications • Technical specifications related to products an dealing with design and construction works (codes of practice, standards, guides,….) and which are not part of regulations, must also be revised and adapted to the harmonised documents so that they can be applied

29. Construction Products Directive • Different directive.... • Essential requirements are not for products but for construction works....but what is placed in the market is the product! • Requires “interpretative documents” to relate essential requirements for construction works to the products • Harmonised technical specifications: standards and technical approvals

30. National regulations • Regulations for construction works are national requirements (may include one or all of the essential requirements) • Member states are not obliged to have regulations for all essential requirements

31. ESSENTIAL REQUIREMENTS • Mechanical resistance and stability • Safety in case of fire • Hygiene, health and environment • Protection against use • Safety in use • Energy economy and heath retention • (Durability)

32. A complex New Approach Directive • Harmonizing test methods and product declarations - NOT harmonizing regulation as such • Essential Requirements a framework for national regulation on construction works - NOT on products • Harmonised Technical Specifications on products mandatory - no alternative to reach CE marking • Regulation on design and execution of works - national competence, different safety levels allowed

33. Responsibility of National Authorities • Transposition of directivestranslation inclusion into national lawspublication in the national official journal • Notification of directive transposition (through REPER) • Designation and notification of NBs- notification including reference to competence- request for number of NB • Nomination of EOTA body- designation and nomination- authorisation to issue ETAs

34. Responsibility of National AuthoritiesMarket surveillance • Market surveillance bodyactivities of market surveillanceimplement safeguard clauseattend to the existence of conformity assessment evidence and EC marking

35. Responsibility of National Standards Body • Membership of CEN, CENELEC, ETSI • Incorporation of harmonised European standards into the national set of standards • Accompanying of European standardization works

36. Responsibility of national conformity assessment bodies • Participation in European Groups of Notified Bodies (GNB) • Participation in national mirror groups • Participation in standardization works

37. Responsibility of ManufacturersMandatory/Importer • Follow national legislations transposed from EU regulations- apply hEN or ETAs- apply factory production control (FPC)- follow AoC- issue Declaration of Conformity- apply the EC marking

38. Problems after 15 years ….EC opinion on this directive • CPD only partially eliminates technical barriers • CPD complexity and ambiguity does not turn clear the meaning of the EC marking resulting in distrust by construction products users. • Implementation procedures are heavy, complex and rigid and cause unnecessary costs to enterprises • The availability of the technical specifications are a “DE FACTO” prerequisite for EC marking, but only 50% are complete… • Lack of harmonisation in the designation and notification of bodies working in conformity assessment

39. Main problems are at the level of the use of construction products, decision taken by a design, an architect, a contractor or owner, who have to know exactly the characteristics of the products so that they meet the performances required by national legislation

40. What we need now after an experience of 16 years with the CPD, is: • Simplicity and transparency • An improvement on its effectiveness • To reduce costs of its implementation Do we need an harmonised legislation or do we need simply to recognise national standards, approvals and certificates?

41. Mr Nicke BlomquistConstruction Unit