The construction products directive (CPD)

Compliance with the essential requirements

Construction products may only be placed on the market if they are fit for their intended use. In this regard, they must be such that works in which they are incorporated satisfy, for an economically reasonable working life, the essential requirements with regard to mechanical strength and stability, safety in the event of fire, hygiene, health and the environment, safety in use, protection against noise and energy economy and heat retention, as set out in Annex 1 to the Directive.

The essential requirements are defined in the first instance in interpretative documents drawn up by technical committees and are then elaborated further in the form of technical specifications. The latter may consist of:

• harmonised European standards adopted by the European standardisation bodies (CEN and/or CENELEC) acting on a mandate from the Commission and following consultations with the Standing Committee on Construction;
• a system of European technical approvals to assess the suitability of a product for its intended use in cases where there is no harmonised standard, no recognised national standard and no mandate for a European standard and where the Commission feels, after consulting the Member States within the Standing Committee on Construction, that a standard cannot or cannot yet be prepared.
  In order to facilitate this task, the European Organisation of Technical Approvals (EOTA), which groups together the national approvals bodies, would be in a position to draw up technical approvals guidelines in respect of a construction product or family of construction products, acting on a mandate from the Commission and after consulting the Standing Committee on Construction.

Where neither a European standard nor guidelines for European technical approval yet exist, construction products may continue to be assessed and marketed in accordance with existing national provisions conforming to the essential requirements.

CE marking

Only construction products that comply with the national standards transposing the harmonised standards into a European technical approval or, in the absence of such approvals, into national technical specifications complying with the essential standards are eligible to bear the "CE" marking. This will ensure that all construction works bearing the "CE" marking satisfy the essential requirements.

According to an amendment introduced by Directive 93/68/EEC

, the conditions governing its use are made the same for a whole range of products that are likely to come simultaneously within the scope of various Directives which had previously involved different marking systems. Among these products are: construction products, simple pressure vessels, personal protective equipment, toys, telecommunications terminal equipment, hot-water boilers, electrical equipment, etc.

Attestation of conformity

It is up to the manufacturers or their representatives established in the Community to attest, either on the basis of their own resources or through an approved certification body, that their products conform with the requirements of a technical specification in keeping with the attestation of conformity procedures set out in the Directive. These procedures should be stipulated by the Commission following consultations with the Standing Committee on Construction and in accordance with the special characteristics of a particular product or group of products.

Safeguard clause

Products which have been declared to conform with the Directive but which do not satisfy the essential requirements and therefore pose a health and safety threat may be temporarily withdrawn from the market by the Member States. Where non-conformity is attributable to the technical specifications, to their application or to omissions inherent therein, the Commission will decide, after consulting the Standing Committee on Construction, whether the European or national technical specification should or should not continue to enjoy presumption of conformity.

Annexes

The Annexes to the Directive contain detailed information on:

• the essential requirements;
• European technical approval;
• the attestation of conformity with the technical specifications: methods of control, systems of attestation, competent bodies, marking, certificate and EC declaration of conformity;
• the certification and inspection bodies and the testing laboratories.

Amendment of the directive

The CPD has been amended by the Council Directive 93/68/EEC

of 22 July 1993 (OJ L 220, 30.8.1993, p.1) and the Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 (OJ L 284, 31.10.2003, p.1)