Construction Products Regulation (CPR) - Impact as of July, 1st, 2013
- In comparison to the well known CPD (Construction Products Directive)
Author: Christian Lais, Siemens (member of Euralarms TC Horizontal Compliance)
The REGULATION (EU) No 305/2011 of the European Parliament and of the Council, as of March 9th 2011, laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (known as CPD), was published on April 4th 2011 and shall enter into force on the 20th day following.
However, Articles 3 to 28, Articles 36 to 38, Articles 56 to 63, Articles 65 and 66, as well as Annexes I, II, III and V shall apply from July 1st 2013.
Article 249 of the European Union consolidated treaty states that "... A Regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. ..." whereas "... A Directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. ..."
Due to the fact that the CPR is a Regulation it will become mandatory without the requirement for any national implementation measures from April 24th 2011, with the following articles coming into effect first:
- 1 to 2, Subject matter and Definitions
- 29 to 35, Technical Assessment Bodies (TABs)
- 39 to 55, Notifying Authorities and Notified Bodies
- 64, Standing Committee on Construction
- 67 to 68, Reporting by the Commission and Entry into Force
- Annex IV, Product areas and requirements for TABs.
At the end there is now a transition period before the CPD is withdrawn on June 30th 2013, so that the CPR comes fully into force on July 1st 2013. This means that at least at that point of time the CPR automatically overrides conflicting domestic provisions e.g. such as a transformed CPD being brought into national law in a particular Member State.
All this begun with the modernisation of the New Approach the so called New Legislative Framework, NLF:
The NLF, the modernisation of the New Approach for marketing of products, was also published as a Regulation and set in force as of January, 1st, 2010. This broad package of measures (Regulation No 764/2008, Regulation No 765/2008 and Decision No 768/2008/EC) aims to provide the following:
- better rules on market surveillance to protect both consumers and professionals from unsafe products
- clearer rules on the requirements for notification of conformity assessment bodies (testing, certification and inspection laboratories)
- enhancement of the credibility and clarification of the meaning of CE marking
- establishment of a common legal framework for industrial products in the form of a toolbox of measures for use in future legislation
For those interested in learning more about the NLF, the following web site provides full details: http://ec.europa.eu/enterprise/policies/single-market-goods/regulatory-policies-common-rules-for-products/new-legislative-framework/.
With regards to the CPR the Commission is of the following opinion The objective is to replace the CPD, by a Regulation, with the aim of better defining the objectives of this Community legislation, as well as making its implementation easier and more efficient. As part of the Better Regulation initiative, the proposal intends to bring about simplification of the current CPD-based system notably through the introduction of simplified procedures, so as to reduce the costs incurred by enterprises, in particular SMEs; clarification of the basic concepts and the use of CE marking; and to increase the credibility of the whole system by imposing new and stricter designation criteria to bodies involved in the assessment and the verification of constancy of performance of construction products. , Brussels, February 28th, 2011.
Legal consequences out of the NLF and CPR:
Since January, 1st, 2010 - with regards to the NLF - all local governments within the European Union had to implement the above mentioned aims. As a consequence and in relation to the CPR, this means that there will be (national) so called Technical Assessment Bodies, Product Contact Points and for sure, more Market Surveillance (nationally organised).
Responsibility of Technical Assessment Bodies, TAB (Article 19 to 26, Chapter V, Annex II etc., CPR):
- A TAB will be active only if no harmonised standard (hEN) exists or a manufacturer can prove that his product is not or is only partly covered by a hEN.
- Coordination of the TABs and, if necessary, ensured cooperation and consultation with other stakeholders is a European responsibility.
These days a TAB is comparable with the European Organisation for Technical Approvals (EOTA) and the associated European Technical Approvals (ETAs) as used by EU Member States and EFTA States.
Responsibility of a Product Contact Point (Article 10, CPR & Article 9 to 11, Regulation No 764/2008):
- Provide information on the provisions within its territory aimed at fulfilling basic requirements for construction works applicable.
- Provide information about the (minimum) performance of a construction product (see e. g. current discussions about Options with requirements, EN54-2).
Facts the CPR generates - Details to be checked:
Parts of the CPR are in force already but the main impact will be occurring starting on July 1st 2013.
There will be no technical impact on any Construction Product at all. In general the main impact will probably result out of different interpretations and for sure will cause additional paper work. Therefore please check Article 9 and Chapter III, CPR in terms of:
- Product Label, Product enclosed documentation, Background Documentation for the Declaration of Performance (DoP) and
- Obligations of the economic operators. Detailed description for manufacturers, authorised representatives, importers and distributors.
Facts the CPR generates - Whats new compared to the CPD:
- A DoP need to be issued for each product to be able to CE mark it. A paper copy of the DoP only needs to be supplied if the recipient requests it. Publication on the Internet is allowed; different languages are only required up on request from a specific Member State.
- In addition to the DoP, appropriate REACH information must be available as a result of Regulation No 1907/2006, Article 31 (mixture; requirements for safety data sheets) or Article 33 (candidate list; duty to communicate information on substances in articles).
- A CE Declaration of Conformity is still necessary to show compliance according to other applicable Directives like EMC, LVD, R&TTE etc.
- Simplified Procedure (detailed explanation below)
For products according to System 1 (see Mandate M/109, e.g. Fire Detection, Extinguishing) 3rd party testing is still necessary to allow a notified product certification body to issue the certificate of constancy of performance of the product (cf. CPD: former EC Certificate of Conformity).
Facts the CPR generates- Transitional Provisions (Article 66, CPR)
- Products put on the market before July 1st, 2013 in compliance with the CPD are deemed to comply with the CPR.
- For products put on the market after July 1st, 2013 but which were tested and declared in compliance to the CPD before, only a Declaration of Performance needs to be issued to show compliance according to the CPR.
- With regard to Mandate M/109, all EN-Standards under the CPD and also all European Technical Approvals published before July 1st, 2013 will remain valid and can be used for to demonstrate compliance to CPR there after.
Facts the CPR generates - Misunderstanding Simplified Procedure (Chapter VI, CPR)
First of all the simplified procedure can only be used by manufacturers who place their own products on the market. Distributors and Importers cant use this facility.
The main idea behind the simplified procedure is to reduce effort and costs for all manufacturers and especially for micro enterprises. It describes the possibilities under which circumstances Appropriate Technical Documentation can replace type testing for serial products or even avoid type testing for non serial products.
The following table shows the effect of this aim and in particular the influence on the system for construction products: Fire Detection and Extinguishing it is still considered System 1, see Mandate M/109):
System 3 and 4
Type testing may be replaced by use of appropriate technical documentation described in Article 36, CPR.
Products to which System 3 applies may be treated like System 4 by means of Appropriate Technical Documentation.
Type testing may be replaced by use of Appropriate Technical Documentation described in Article 36, CPR.
System 1+ and 1
The Appropriate Technical Documentation must be verified by a notified certification body.
As a summary one can say that for System 1 products, in one respect the aim is not reached. On the other hand it is, for example, not possible to put a residential smoke detector on the European Market without having the product tested by a notified body according to hEN14604, even if the manufacturer claims to be a micro enterprise.
Facts the CPR generates - Misunderstanding Declaration of only one essential requirement is sufficient
If one reads the CPR too quickly, it might be thought that a DoP needs to declare only one essential requirement. This is not the case, but its also not easy to explain why not.
First of all essential requirement is a terminology out of the CPD. These days CPR calls them Basic Requirements for construction works. Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life. (Annex I, CPR). In detail these Basic Requirements are:
- Mechanical resistance and stability
- Safety in case of fire
- Hygiene, health and the environment
- Safety and accessibility in use
- Protection against noise
- Energy economy and heat retention
- Sustainable use of natural resources
However in article 6, CPR is talking about declaring at least one essential characteristic relevant for the intended use of the construction product. The meaning of essential characteristics is: Characteristics of the construction product which relate to the basic requirements (see definitions, Article 2, CPR). To explain the link and the way from the Basic Requirements to the essential characteristics we need to look at article 3, CPR describing that the basic requirements shall constitute the basis for the preparation of standardisation mandates. At the end harmonised standards show the essential characteristics of construction products in relation to the basic requirements for construction works as different test/ requirement.
For the fire safety industry the Mandate M/109 - issued in relation to the CPD - is responsible for this. For sure there need to be an update of M/109 by taking the Basic Requirements out of the CPR and transfer/ translate them into (several) performance characteristics in relation to specific groups of construction products with the aim that these shall be fulfilled within a hEN (per product (group)). Usually this is done via the Annex ZAs and formally reported within the answer (of the CEN Working Group) to the Mandate.
For us this means declaring at least one essential characteristics is the same as declaring at least one single test/ requirement out of an hEN. Apart from any durability testing this could also be a requirement like the buzzer off button of a CIE (fire panel according EN54-2).
In this context it is important to know that at the end the main work depends on all CEN working groups making sure that the so called No performance determined (NPD) could not be used in a wrong or misleading way.
Even if the NPD option may not be used for durability and where the essential characteristic is subject to a threshold level another paper needs to be taken into account due to the fact that the CPR defines threshold level as expressed as a numerical value, which is in most tables out of Annex ZA not the case, because even if the testing requirement contains a numerical value at the end the essential characteristics has be to be declared according to the table as pass/ fail.
Therefore only Guidance Paper E - written for the CPD (!) - is able to help us out of this loop with the definition that "... In some cases, a pass/ fail test may be an acceptable means of expressing a minimum performance for a given characteristic. This will depend upon the nature of the characteristic and the method of determination used. ..." (see 3.5).
Overall it is important on one hand to be clear and not to mix terminology, specifically basic requirements (CPR Annex 1), essential characteristics (CPR DoP), performance characteristics (M/109) and No performance determined (Annex ZA). On the other hand one should take care that this kind of thinking and interpretation remains valid after July 1st, 2013 and that also all affected parties have the same understanding. This includes Industry and Notified Bodies.
To pick up the example of a residential smoke detector again: It is not possible to put such a product on the European Market, having declared (and tested by a notified body) only one essential characteristic out of the table out of Annex ZA, hEN14604.
What is EURALARM doing for you now?
EURALARM TC Compliance, SC Fire and TG Fire Standards are working closely together on all details. In person Stewart Forbes (TG Fire Standards) and Christian Lais (TC Horizontal Compliance) are nominated to find any weak points within the CPR and to come up with proposals for guidance for EURALARM members.
A first draft proposal for lobbying and fostering standardisation and regulation work has been issued.
First Draft proposals for lobbying and fostering standardisation and regulation work concerning the upcoming Construction Products Regulation:
The wording of the CPR cannot be changed any further, but it is possible to contribute to the content of the Mandate M/109 to reach the aim of having useful Annex ZAs (avoid big tables) and to maintain System 1 attestation. Furthermore, it is possible to contribute to the content of the guide / the guidance papers to reach the aim to
- support the Mandate,
- get some more freedom concerning the DoP (avoid big tables) and
- support the GNB (Group of Notified Bodies).
To have the same interpretation throughout the whole NB community in order to have the same understanding e.g. for simplified procedure and especially gain acceptance of the Appropriate Technical Documentation the industry need to get in touch with the GNB.
Via local EURALARM partner associations it is possible to make sure that local Technical Assessment Bodies and Product Contact Points give that same answer about Fire Detection and Extinguishing products and that all Member States go for a common pan European Market Surveillance policy and not a fragmented approach on a country by country basis.
Stewart Forbes, Christian Lais, Kurt Hess & Hans-Ulrich Roos
Download the complete text of the CPR (Official Journal L88 from April 4th 2011, page 5):
Theme field Manufacturer:
- Supposed products and standards remain unchanged:
What has to be updated by July 2013?
Based on a CE-Certificate of Conformity with all related technical documentation, in compliance with the CPD, only a mandatory DoP (Declaration of Performance) is to be issued.
- Are two Declarations now required per product?
Yes, a Declaration of Performance for CPR and a CE Declaration of Conformity for EMC, LVD, RTTE, ATEX, etc.
- Will every DoP have to include information on hazardous substances according to the REACH Directive?
No, REACH information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006, shall be provided together with the Declaration of Performance.
- Do new DoPs have to be established based on existing standards (EN54-xx), or are new Annex ZAs to be awaited?
Theoretically no Annex ZA needs to be revised; they remain valid.
In practice they will for sure be updates, when a standard is going to be revised. The idea No performance declared will be added.
- Distributors are asked to demonstrate conformity of trade goods in local languages, on request (Art. 14, 5): What does this mean?
The declaration of performance shall be supplied in the language or the languages required by the Member State where the product is made available.
All technical documentation in the back can remain in the language of the manufacture but for sure will need to be translated into a language understood by local authorities, if requested e. g. due to marked surveillance?
- Simplified procedures (Art. 36): Is it sufficient that a manufacturer uses Appropriate Technical Documentation to cover product changes?
Yes, manufacturers can go for this kind of Technical Documentation, BUT for construction products according to System 1, the Appropriate Technical Documentation needs to be checked by a Notified Body.
- Simplified procedures (Art. 38): Is it true, that e.g. for a locally, on site assembled CIE (Fire Detection Panel according to EN54-2) no DoP is required?
No, due to the fact that the construction product referred to in paragraph 1, Art. 38 belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is System 1, the Specific Technical Documentation must be verified by a notified product certification body and therefore a DoP can easily be issued.
Theme field Notified Body (NB)
- Are existing CE Certificates of Conformity still valid after July 2013 until the products or the standards are modified?
- Are new Annex ZAs in EN54-xx a precondition for the edition of a Certificate of Constancy of Performance?
No, due to the fact that the in any event the performance of the product needs to be declared by the manufacturer. The NB will look at the EN54 standard in total and assume that it is not permitted to include any non performing determed (NPD)
- What does a Certificate of Constancy of Performance look like (language, list of essential characteristics etc.)?
No clue today, hopefully not that much different than a CE-CoC today.
Theme field Authorities
- When will the CPR be adopted into national law?
It does not need to be included in the national law of a Member State; due to the fact that it is a Regulation it is valid 20 days after publishing within the OJEC and automatically overwrites existing national laws.
- How will Market surveillance to be organised (staff, training, procedure)?
Different, country by country.
- Who will be your TAB and PCP?
Please check on a country by country basis; they will need to be published via the Internet.
- What kind of national extra requirements are mandatory on a country by country basis?
Please ask the respective Product Contact Point.
In general there should not be any country specific requirements than those published within hENs other than possible Options with requirements (at the moment under discussion, future handling not yet specified).