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Frequently Asked Questions on the Construction Products Regulation (CPR)


1. Must a construction product bear the CE marking after 30/06/2013?

After 30/06/2013, in order to sell a construction product in the European Union (EU) the manufacturer has the obligation to issue a Declaration of Performance (DoP) and affix the CE marking if:

         OR

NB: If one of the derogations foreseen in Article 5 of the Construction Products Regulation pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) is applicable, the manufacturer is entitled to refrain from drawing a DoP and affixing the CE marking. This is a decision to be taken by the manufacturer, who can issue a DoP and affix the CE-marking even in these cases.

2. A manufacturer sells in the EU before 01/07/2013 a product with the CE marking. What does he have to do in order to sell the product in the EU after 1/7/2013?

The manufacturer can after 1/7/2013 continue selling the product under the condition that:

  • he has drawn up a Declaration of Performance (DoP) in line with Annex III to the Construction Products Regulation (CPR) pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv)   and provides a copy to the client; manufacturers may draw up a DoP on the basis of a certificate of conformity or a declaration of conformity, which has been issued before 01/07/2013 in accordance with the Construction Products Directive 89/106/EEC (CPD) pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) ;
  • he has affixed the CE marking, followed by the information required in Article 9(2) of the CPR;
  • he refrains from affixing to the product markings, signs or inscriptions which are likely to mislead third parties regarding the meaning or form of the CE marking.
3. After 01/07/2013, is a distributor obliged to withdraw from his shop construction products which the distributor has received before 01/07/2013 and: a/ which were already CE marked in line with the Construction Products Directive 89/106/EEC (CPD) (CPD) but are not accompanied by a Declaration of Performance (DoP)?, or b/ which do not bear the CE marking although they are covered by a harmonised European standard under the CPD?

No, he can continue selling these products till the stock he has been delivered before 01/07/2013 is exhausted. For any new delivery of construction products which will be dispatched to him by the manufacturer from 01/07/2013 onwards, the distributor must request the manufacturer to supply the Declaration of Performance (DoP) for these products and to affix the CE marking on them.

4. What is the meaning of "placing on the market"?

Any supply of the (individual) construction product for the first time within the European Internal Market for distribution or use in the course of a commercial activity, whether in return for payment or free of charge.

NB: Every product or batch of products (that is, every window or every package / truckload of bricks) is placed on the market individually. The fact that similar products have been marketed before, does not change this. Therefore, manufacturers have to draw up a Declaration of Performance (DoP) and affix the CE marking pursuant to the Construction Products Regulation pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) (CPR) for all the products entering the market from 01/07/2013 onwards, even if similar products had been commercialised before this date.

5. If the manufacturer has not changed anything in his product, is he obliged to renew after 01/07/2013 the existing test or assessment reports, or request from Notified Bodies new certificates to replace the ones issued before 01/07/2013?

No, the assessments do not need to be redone or the certificates renewed after 01/07/2013.

If the manufacturer has not changed anything in his product the existing test/assessment reports and certificates would need to be renewed only:

  • if the harmonised EN has changed to include other test/assessment methods for the essential characteristics for which the manufacturer intends to declare the performance, 
     
    AND
     
  • if these changes in the assessment methods would have as effect significant changes in the declared performance.

If the certification body which has issued the certificate has not been designated under the Construction Products Regulation (CPR), this body cannot continue carrying out the Assessment and Verification of Constancy of Performance tasks after 01/07/2013 and therefore the manufacturer will have to choose another certification body which has been designated under the Construction Products Regulation pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) .

A manufacturer must have the product re-assessed if he has changed the product.

6. Can a European technical approval be used to market a product after 01/07/2013? If yes, for how long?

Article 66 of the Construction Products Regulation (CPR) pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) foresees that manufacturers may use European technical approvals issued before 01/07/2013 as European Technical Assessmentsthroughout the period of validity of these European technical approvals.

Therefore the manufacturer can, on the basis of the existing European technical approval, draw up the Declaration of Performance (DoP), affix the CE marking and sell the product in the EU.

When the European technical approval is about to expire, the manufacturer may request a European Technical Assessment from one of the competent Technical Assessment Bodies designated under the CPR pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) . An updated list of Technical Assessment Bodies shall be available at the latest from 01/07/2013 onwards in:

http://ec.europa.eu/enterprise/newapproach/nando/index.cfm?fuseaction=notifiedbody.notifiedbodies&num=TAB&text=Technical%20Assessment%20Body

7. For a product which is not covered by a harmonised standard, is the manufacturer after 01/07/2013 obliged to request a European Technical Assessment in order to sell the product in the EU?

The manufacturer is not obliged to request a European Technical Assessment in this case. He can also sell the product without Declaration of Performance (DoP)and CE marking.

Furthermore, the manufacturer can expect that the product will not be refused in other EU Member States. In this context it is important to remember Regulation (EU) 764/2008 laying down procedures relating to the application of national technical rules to products lawfully marketed in another Member State, thus operationalizing the mutual recognition principle.

8. What is the "Appropriate Technical Documentation" foreseen in Article 36 of the Construction Products Regulation (CPR)?

It is the documentation which the manufacturer considers appropriate in order to justify the manner he uses to declare the performance of the product in the cases foreseen in Article 36 of the CPR.

In the case of Article 36(1)a the Appropriate Technical Documentation may e.g. be used to demonstrate that the specific conditions are met for the application of a Commission Decision defining the reaction to fire class of the product.

In the cases of Article 36(1)b or 36(1)c  the Appropriate Technical Documentation may e.g. consist of the test results obtained by another manufacturer, or the system provider, together with his authorisation to use these results, and the justifications for the correspondence of the products in question (point b) or for due respect of the instructions given (point c).

It is understood that the Appropriate Technical Documentation could well be different from one situation or construction product to the other, according to the particularities of each case. It will be kept by the manufacturer of the construction product in the technical file of the product in order to allow him to properly justify the Declaration of Performance (DoP) in case market surveillance or other authorities require so.

9. What shall a manufacturer do if certain clauses in the harmonised standard are not in line with the provisions of the Construction Products Regulation (CPR)?

The Construction Products Regulation (CPR) pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) is the directly applicable legislation in every EU Member State. Therefore in such cases, of course, it is this legislation which prevails. The consequence is that such conflicting clauses of standards cannot be applied.

The CEN Technical Committees have undertaken the work to iron out the soonest possible any such inconsistencies in the harmonised standards but it can not be excluded that some inconsistencies may remain after 01/07/2013, presumably for a short time only.

10. Where can somebody obtain information on the requirements applicable to a product in a specific Member State?

Any interested person can obtain such information from the national Product Contact Point for Construction established by each Member State.

11. Are Notified Bodies expected to check whether the manufacturer meets his obligations under the Construction Products Regulation (CPR)?

The legal acts based on the Construction Products Directive (CPD) (Commission Decisions) and, later on the CPR pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) foresee the kind and level of intervention of the 3rd party. As a result, both harmonised technical specifications (harmonised European standards, or the European Assessment Documents), contain the necessary detailed tasks for the Notified Bodies in order to ensure the Assessment and Verification of Constancy of Performance (the so called “AVCP tasks”). These are the tasks which the Notified Bodies are expected to fulfil in the framework of the CPR.

Notified Bodies are expected to completely refrain from activities belonging to the area of market surveillance (as these are to be undertaken by the national market surveillance authorities), or from verifying the compliance of the manufacturer with his obligations under the CPR.

As an example, it is not for Notified Bodies to check if the manufacturer has correctly drawn up the Declaration of Performance (DoP), or if the manufacturer has correctly affixed the CE marking.

12. Articles 7(3) and 60 of the Construction Products Regulation (CPR) foresee a delegated act to define the conditions on which a declaration of performance may be electronically processed, in order to make it available on a web site. When is this delegated act expected to be issued?

The Commission's Delegated Act was adopted on 30 October 2013 and entered into force on 24 February 2014: Commission Delegated Regulation (EU) No 157/2014 of 30 October 2013 (OJ L 52,21.2.2014, p.1) on e-supply of Declaration of Performance pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) .

13. Which is the meaning of the phrase “the last two digits of the year in which the marking was first affixed”, in Article 9(2) of the Construction Products Regulation (CPR)?

These digits refer to the year that these kinds of products were made available on the market for the first time and therefore they will remain unchanged over the years as long as the performance of the product has not changed. In practice, this means that if the manufacturer has marketed similar CE marked products corresponding to a certain set of performance (a given product-type) from 2009 onwards, these two digits continue to be 09 even after 01/07/2013, when the CE marking will undergo some changes due to the CPR.

14. What is the importance of the installation manual / instructions?

The declared performance of the product is expected to be achieved under the condition that the product is correctly installed. This is particularly relevant for products which are sold as a kit in order to be installed in the final construction work.

Therefore, the role of the installation manual or installation instructions, which are to be provided pursuant to Article 11(6) of the Construction Products Regulation (CPR) pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) by the manufacturer, is very important to ensure the correct installation of the product.

15. Is there any obligation to provide a declaration of performance (DoP) for a construction product not covered by a harmonised European (hEN) standard? Can a Member State impose such an obligation?

No, not under the Construction Products Regulation (CPR).  Article 4(1) of the CPR links the obligation to make a DoP to the existence of a harmonised standard or a European Technical Assessment (ETA) issued for a given product. Therefore, a DoP under the CPR cannot be based on other national product standards.

However, in the non-harmonised sphere, products not covered by hENs can be subjected to requirements by Member State authorities. Therefore, it cannot be excluded that a public authority would demand the manufacturer to declare the performance of the product outside the CPR structure. In these cases, the products cannot be CE marked pursuant to the CPR, either.

16. Where can I find and consult the latest lists of harmonised European standards (hEN) published in the Official Journal of the European Union (OJEU)?

Latest lists of harmonised European standards (hEN).

17. Are technical classes under the Construction Products Directive 89/106/EEC (CPD) (which have been included in harmonised standards (hENs) cited in the OJEU) still valid under the Construction Products Regulation 305/2011/EU (CPR)?

Yes, they are: they are to be considered classes within the meaning of Article 2(7) of the CPR pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) and thus should be used when Member States are setting requirements on the performance of construction products, as well as when manufacturers are declaring the performance of their products.

18. Are threshold levels set in harmonised European standards (hENs) cited in the OJEU under the Construction Products Directive still to be respected under the Construction Products Regulation?

Yes, they are: they determine the minimum (or maximum) performance levels the construction products in question should reach to be placed on the market.

19. Is it allowed to affix a quality or private mark concerning performance for construction products which are covered by a harmonised European standard (hEN) cited in the Official Journal of the European Union (OJEU)?

No. Quality or private marks, let alone those with national connotations, are not allowed to cover any characteristics already included in the hEN. This goes also for situations where the manufacturer has not declared the performance of his product in relation to some characteristics (i.e. has used the “No Performance Declared” option referred to in Article 6(3)(f) of the CPR pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) ). Since Article 4(2) of the CPR renders the use of the declaration of performance (the DoP) the only manner to declare this performance and Article 8(3) mandates the CE marking as the only mark which attests conformity of construction products with the declared performance, the manufacturer cannot turn to other options here.

20. Can construction products provided with national marking be placed on the market after 1st July 2013 (and if so in what cases)?

Under the Construction Products Regulation (CPR) pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) , quality or private marks are not allowed to cover characteristics already included in harmonised European standards (hENs) (see Article 8(3) of the CPR). Therefore, the performance in relation to essential characteristics included in harmonised European standards (hENs) can only be attested using the CE marking.

For products not covered by hENs, national provisions or installation practices referring to national marks shall not discriminate against products which do not bear such marks.

21. Is it allowed for quality or private marks to quote the same essential characteristics as CE-marking?

No. Essential characteristics included in hENs cannot be attested again in any kind of other (public or private) marks for construction products than the CE marking. (see Articles 4(2) and 8(3) of the CPR).

22. Is it possible to issue within the territory of a Member State of the EU after 1st July 2013 a national technical specification (e.g. a technical standard) for a construction product?

Yes, this is possible for products not covered by harmonised European standards (hEN) or if the national technical specification transposes hENs (see Article 17(5) of the Construction Products Regulation - CPR pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) ). However, the national technical specification shall respect the limits imposed by the CPR (Article 8(4)-(6)) and comply with other applicable EU legislation (for example, the notification in conformity with Directive 98/34/EC) as well as with the provisions governing free movement of goods in non-harmonised sectors.

23. Are the Member States allowed to impose further requirements if these are, for example based on the products’ chemical composition, in order to protect the health of construction workers and other people? If that should be permitted, doesn’t it interfere with the free movement of goods?

Member States retain their competence to set technical requirements for the performance of construction products, in particular for specific uses of the products in a building or civil engineering work (e.g. fire safety requirements for escape routes). In case these national technical requirements imply limits to the use of CE-marked construction products, these limits need to be duly justified and proportionate. The European Court of Justice interprets narrowly the list of derogations which all relate to non-economic interests. Moreover, any measure must respect the principle of proportionality and not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. In any case, the burden of proof in justifying the measures lies with the Member State and not with the economic operator.

24. A retailer sells a product, which is not manufactured by himself/herself, using the retailer's own name. May the retailer use the declaration of performance (DoP) drown up by the real manufacturer? If not, does the DoP drawn up by the retailer need to be based on certification granted by a notified organism?

Retailers (the Construction Products Regulation (CPR) pdf български (bg) czech (cs) dansk (da) Deutsch (de) eesti (et) ελληνικά (el) español (es) Français (fr) Gaeilge (ga) hrvatski (hr) italiano (it) latviešu (lv) lietuvių (lt) magyar (hu) Malti (mt) Nederlands (nl) polski (pl) português (pt) română (ro) slovenčina (sk) slovenščina (sl) suomi (fi) svenska (sv) calls them distributors) making construction products available on the market on their own (trade) names are indeed considered manufacturers (cf. Article 15). Therefore, they need to draw up their own DoPs for these products.

The involvement of Notified Bodies (see Article 39 of the CPR) depends on the Assessment and Verification of Constancy of Performance (AVCP) system applicable to the product in question (see Article 28 and Annex V of the CPR). This information may be found both in the applicable harmonised standard (hEN) and in the respective Commission Decision on these systems.

25. If a declaration of performance (DoP) is required, does the testing of the product need to be redone every year and a new DoP issued or remains the DoP valid if the product does not change?

To avoid unnecessary administrative burdens, the DoPs and the initial testing serving to draw up the DoP do not need to be repeated, unless the circumstances have changed (for example, the production process and/or the performance of the product have been altered).

However, construction products for which a DoP is issued are subject to continuing testing and surveillance after the first product is placed on the market to ensure that the production process and the performance of the product conforms to these declared under the DoP.

26. Is the “Blue Guide” published by the Commission applicable also to construction products?

No. While construction products also are covered by EU harmonisation legislation, the Construction Products Regulation (CPR), the content and concepts used are different from other harmonisation systems.

27. Which are the “competent national authorities” under Art 11(8) which may request the manufacturer to provide them with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements?

Under "competent national authority" one should understand not only the market surveillance authorities (organised at national, regional or even local level), but also any other authority which under the legislation of the Member State has the right to request information on the performance of construction products.

This could be e.g. the Building Permits Authority in a region which has the right to request information on the performance of products installed in a building, in the framework of checking if the building under construction complies with the conditions of the permit.

28. Does the manufacturer have to include in the CE marking also the essential characteristics for which in the Declaration of Performance (DoP) he has declared NPD?

Art 9(2) of the CPR clearly states that “The CE marking shall be followed by …, the reference number of the declaration of performance, the level or class of the performance declared, the reference to …”

As NPD (= No Performance Determined) for an essential characteristic means that the performance is not declared, the manufacturer should not mention in the CE marking the essential characteristics for which he declares NPD in the Declaration of Performance.

29. Does the contact address required under the CPR Article 11(5) have to be in the Member State where the product is made available on the market? Or could the contact address be in any EU Member State?

The contact address may be anywhere in the world (either in any country of the EU or in any other third country).

30. How can I find out if a product certificate/test report is false or not?

The national market surveillance authorities are primarily responsible for investigating cases of suspicion about the legality of product certificate/test reports issued under the CPR. However, a quick preliminary check may be done, via the NANDO information tool, in order to find out if the Notified Body is competent to issue a given product certificate/test report as follows.

1) If the certificate/test report has been issued BEFORE 1/7/2013,
2) If the certificate/test report has been issued AFTER 1/7/2013

Looking on the corresponding website you should be able to find the EN which is covering the product and then, if you click on this EN you will be transferred to a list of all notified bodies which have the authorisation to issue certificates/test reports for this specific product BEFORE 1/7/2013 (or AFTER 1/7/2013 in the second case). If the certificate/test report has been issued by one of the bodies mentioned in this list, the certificate is most probably a genuine one.

If the European standard (EN) is not mentioned in any of the two NANDO lists of harmonised standards indicated above, or if the notified body is not in the list of notified bodies for the specific EN, you will most probably be faced with a false certificate / test report or with a certificate from a body which is NOT a notified body under the Construction Products Directive / Regulation.

In these last two cases contact the market surveillance authorities of the country in which the product is sold.

It might also prove helpful to contact the notified body in order to ask for confirmation of the authenticity of the certificate / test report.

31. When does the CE marking have to be affixed on the basis of EN 1090-1:2009+A1:2011 ?

The CE marking has to be affixed on a construction product on the basis of the harmonised standard EN 1090-1:2009+A1:2011 when all the following conditions are satisfied:

  • the product is covered by the scope of EN 1090-1:2009+A1:2011 (please find the indicative, non-exhaustive list of products PDF [266 KB] not covered by the scope of EN 1090-1:2009+A1:2011 as provided by CEN),
  • and the product is a structural construction product within the meaning of the Construction Products Regulation (EU) 305/2011 which means:
    • the product is intended to be incorporated in a permanent manner in construction works (buildings or civil engineering works), and
    • the product has a structural function in relation to the construction work (i.e. its failure will affect the satisfaction of Basic Work Requirement 1 as detailed in Annex I of Regulation EU 305/2011).
  • and the product is not covered by a dedicated European product specification (because if a specific harmonised EN, or an European Technical Approval Guideline (ETAG) or an European Technical Approval, or an European Technical Assessment (ETA) for this product exists, the basis for the CE marking is the relevant specific harmonised EN, or the ETApproval, or the ETAssessment).

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