Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing
of construction products (EU CPR)
Frequently Asked Questions Part I
Preliminary remarks
The market surveillance authorities of the Länder ('federal states') and DIBt have established a common FAQ catalogue with regard to individual provisions of the EU CPR. This catalogue contains interpretations and primarily expresses the view of the German market surveillance authorities for the construction sector. Other interpretation aids, such as those of the European Commission, have been taken into account.
In accordance with the provisions of the EU Construction Products Regulation (EU CPR) it is, however, up to the manufacturers and the economic operators of equivalent status such as the importers or distributors who are considered to be manufacturers, to determine under their own responsibility
• whether their product falls within the scope of the EU CPR and
• whether the requirements for the marketing of harmonised construction products are met.
Therefore, the FAQ catalogue does neither absolve the economic operators from their responsibility within the framework of the marketing of construction products nor does it exonerate them from seeking individual legal advice in keeping with their personal responsibility in specific cases.
The market surveillance authorities and DIBt point out the fact that none of the questions contained in the catalogue has yet been decided by case law. In fact, the catalogue expresses, in particular with regard to interpretations, the view of the market surveillance authorities.
Comments by the users of the FAQ catalogue referring to the questions and answers are welcome. Please send them to baupvo@dibt.de. These comments will be taken into account when the FAQ catalogue is updated. In order to submit your comments, please use exclusively the blank form provided.
I
GENERAL
I/1 (June 2014)
When does a construction product fall within the scope of the EU CPR?
The EU CPR applies to a construction product if it has been placed or made available, which means marketed, on the Union market in the course of a commercial activity and
•
if the construction product is covered by a harmonised standard established in accordance with the EU CPR and published by the European Commission in the Official Journal of the European Union, or•
if a European Technical Assessment has been issued for the product on request of the manufacturer.I/2
What is a construction product?
A construction product is any product which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works. A kit is also considered to be a construction product (see FAQ I/3 "What is a kit?").
(cf. Art. 2(1) EU CPR)
I/3
What is a kit?
A kit is a construction product placed on the market by a single manufacturer as a set of at least two separate components that need to be put together to be incorporated in the construction works. (cf. Art. 2(2) EU CPR)
With respect to CE marking, the kit is treated like a construction product.
I/4
Where are the harmonised requirements for a construction product set out?
The requirements for a construction product arise from the harmonised technical specifications. Harmonised technical specifications are
• harmonised standards and
• European Assessment Documents. (cf. Art. 2(10) EU CPR)
I/5
Where can I find an overview of the harmonised technical specifications available under the EU CPR?
The Commission publishes a list of references of harmonised standards in the Official Journal of the European Union.
(cf. Art. 17(5) EU CPR)
Furthermore, the Commission keeps a list of references of the final European Assessment Documents which it also publishes in the Official Journal of the European Union.
(cf. Art. 22 EU CPR)
Both lists are updated on a regular basis.
The Official Journal of the European Union is made available on the Internet at http://eur-lex.europa.eu/. An extract of the Official Journal of the European Union is also available on the DIBt homepage at www.dibt.de.
I/6
Which information is provided in a harmonised standard and by whom is it drawn up?
Harmonised standards provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics. (cf. Art. 17(3) EU CPR)
Committee for Standardization) and verified by the Commission before their reference is published in the Official Journal.
Harmonised standards include technical details for the implementation of the system of assessment and verification of constancy of performance. (cf. Art. 17(4) EU CPR)
The standards can be purchased from Beuth Verlag. The publisher's homepage www.beuth.de also features a free search for standards.
I/7
What are "coexistence periods"?
Within the framework of the publication of the references of harmonised standards in the Official Journal of the European Union, the Commission indicates the beginning and the end of the coexistence period for a harmonised standard.
From the date of the beginning of the coexistence period, it is possible to use the harmonised standard to draw up a declaration of performance for a construction product covered by it.
From the date of the end of the coexistence period, the harmonised standard is the only means for drawing up a declaration of performance for a construction product covered by it.
(cf. Art. 17(5) EU CPR)
I/8
In which cases and by whom is a European Assessment Document drawn up?
A European Assessment Document (EAD) may be drawn up for a construction product not covered or not fully covered by a harmonised standard. The EAD is only drawn up following a request for a European Technical Assessment by a manufacturer for which it provides the basis.
The European Assessment Documents are drawn up by the European Organisation of Technical Assessment Bodies, which comprises the national Technical Assessment Bodies designated by the member states.
The European Technical Assessment is issued by a national Technical Assessment Body. This is also where the manufacturer has to submit his/her application.
(cf. Art. 2(12) and (13), Art. 19(1), Art. 26(1) EU CPR)
Where a construction product which is not or not fully covered by a harmonised standard is fully covered by an already existing European Assessment Document, the existing European Assessment Document will be used as the basis for the European Technical Assessment to be issued.
(cf. Art. 21(1) EU CPR)
I/9
What does a European Technical Assessment include?
A European Technical Assessment includes the documented assessment of the performance of a construction product in relation to its essential characteristics in accordance with the respective European Assessment Document and the technical details necessary for the implementation of the system of assessment and verification of constancy of performance.
(cf. Art. 2(13), Art. 26(1) and (2) EU CPR; see also FAQ I/8 "In which cases is a European Assessment Document drawn up?")
I/10
Do certificates and declarations of conformity continue to exist?
The "certificates of conformity" and "declarations of conformity" provided for in Directive 89/106/EEC (Construction Products Directive) have been replaced by a "system of assessment and verification of constancy of performance" since 1 July 2013.
Therefore, the certificates of conformity and the declarations of conformity provided for in the Construction Products Directive cannot be issued anymore under the EU CPR (see, however, the transitional provisions, FAQ VI/6 "To what extent is it possible under Art. 66 EU CPR to place on the market stocks of construction products bearing a CE marking in accordance with the provisions contained in the Construction Products Directive from 1 July 2013 onwards?")
Within the "system of assessment and verification of constancy of performance", the EU CPR provides for • a certificate of constancy of performance of the product (product certification)
• a certificate of conformity of the factory production control (FPC certification).
The "system of assessment and verification of constancy of performance" shall ensure precise and reliable declarations of performance. On the one hand, the performance of the construction product is assessed and on the other hand the production in the factory is controlled.
The systems (which are similar to the ones set out in the Construction Products Directive) are defined in Annex V of the EU CPR. They depend on the tasks of the manufacturer and the involvement of the certification body or testing laboratory. The following systems are provided for:
• systems 1+ and 1 (involving a product certification body),
• system 2+ (involving a factory production control certification body), • system 3 (involving a testing laboratory) and
• system 4 (purely tasks to be carried out by the manufacturer).
Manufacturers cannot choose the system to be applied. By means of delegated acts, the Commission establishes which system or systems are applicable to a given construction product or family of construction products or a given essential characteristic. These systems are given in Annex ZA of the harmonised standard.
(cf. Art. 28 and Annex V EU CPR)
By drawing up the (new instrument of) declaration of performance, the manufacturer assumes responsibility for the conformity of the construction product with such declared performance.
(cf. Art. 4(3) EU CPR)
I/11
Do any legal requirements exist concerning the format and the content of the "certificate of constancy of performance" and the "certificate of conformity of factory production control"?
No, there are no legally binding models nor any EU CPR provisions referring to the "certificate of constancy of performance" and the "certificate of conformity of factory production control".
I/12 (March 2015)
May a single "certificate of constancy of performance" or a single "certificates of conformity of factory production control" cover products from different manufacturers?
No. The notified body needs to draw up the "certificate of constancy of performance" or the "certificate of conformity of factory production control" for a specific construction product from a particular manufacturer. As a result, the "certificate of constancy of performance" or the "certificate of conformity of factory production
What does "placing on the market" mean?
"Placing on the market" means the
first
making available of a construction product on the Union market. (cf. Art. 2(17) EU CPR)The expression "making available on the market" refers to each individual construction product and not to the making available on the market of the first construction product of a series of identical construction products. (see also FAQs of the European Commission, available at:
http://ec.europa.eu/enterprise/sectors/construction/legislation/index_en.htm)
I/14
What does "making available on the market" mean?
"Making available on the market" means any supply of a construction product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.
(cf. Art. 2(16) EU CPR)
I/15 (June 2014)
What is a "product-type"?
"Product-type" means the set of representative performance levels or classes of a construction product, in relation to its essential characteristics. The product-type refers to a construction product produced using a given combination of raw materials or other elements in a specific production process.
(cf. Art. 2(9) EU CPR)
Every construction product, which needs to be placed on the market in connection with a declaration of performance and a CE marking in line with the conditions set out in the EU CPR, must be linked to the set of representative performance levels or classes of the respective product-type. This is ensured by an
identification code (see also FAQ I/16 "What does "unique identification code" mean?").
(cf. recital (6) of Delegated Regulation (EU) No 574/2014 as well as point 1 of the "Instruction for the completion of the form" of that same regulation)
I/16 (June 2014)
What does "unique identification code" mean?
The EU CPR requires the manufacturer to indicate the unique identification code of the product-type in the declaration of performance as well as following the CE marking. However, the EU CPR does not contain a definition of "unique identification code".
(cf. Art. 6(4), Annex III and Art. 9(2) EU CPR)
The essential point for the market surveillance authorities is that the identification code chosen by the manufacturer links the construction product clearly and unambiguously to a product-type. The unique identification code may be identical with the number of the declaration of performance as long as the construction product can still be unequivocally linked to the product-type. The identification code may be specific to the manufacturer or the product as long as the conditions set out above are fulfilled.
If a single declaration of performance has been drawn up for several product-types, the identification code has to ensure that the construction product can be unequivocally linked to the given product-type.
If the declaration of performance is made available on a website in accordance with the conditions set out in Delegated Regulation (EU) No 157/2014, the manufacturers have to ensure that every single product, or batch of that product placed on the market is linked to a declaration of performance by means of the unique identification code of the product-type.
(cf. Art. 1(2) Delegated Regulation (EU) No 157/2014)
This unique identification code of the product-type in accordance with the EU CPR will often not be identical with the type or property codes specified in various harmonised standards.
I/17 (June 2014)
What are the rules for the marking of custom-made construction products?
Art. 5(a) of the EU CPR refers to custom-made construction products, which can be placed on the market without drawing up a declaration of performance and affixing a CE marking. This said, the conditions to be met for applying Art. 5 of the EU CPR arouse controversy. In the end, a manufacturer who wishes to opt for a derogation in accordance with Art. 5 of the CPR is responsible for ensuring that the product in question meets all conditions. Therefore, it is currently not possible to give any general interpretation guideline regarding market surveillance. Only in the course of dealing with individual construction products placed on the market will the market surveillance authorities be able to answer the questions relating to Art. 5 EU CPR. (cf. Art. 5 EU CPR)
I/18 (June 2014)
Are there derogations for micro-enterprises exempting them from the obligation to affix a CE marking to their product?
The EU CPR does not contain any special derogations for micro-enterprises, exempting them from the obligation to affix a CE marking to their products. Micro-enterprises may make use of the derogation laid down in Art. 5 of the EU CPR, but so can all other enterprises (see also FAQ I/17 "What are the rules for the marking of custom-made construction products?"). Art. 37 of the EU CPR contains a simplification for micro-enterprises only. However, Art. 37 of the EU CPR does not refer to an exemption from the obligation to affix a CE marking, but to simplifications with regards to the system of assessment and verification of constancy of performance. What has been said with regard to Art. 5 of the EU CPR, also applies here: the
implementation of the provision has caused some controversy. Only in the course of dealing with individual construction products placed on the market will the market surveillance authorities be able to answer the questions relating to Art. 37 EU CPR.
