Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction

Directive 89/106/EEC on Construction Products Skopje, 25./26.1.2005

Approximation of legislation to the internal market acquis

An EU funded project managed by European Agency for Reconstruction

Construction Products Directive

89/106/EEC

Adriana Čegec Ministry of the Economy of the Republic of Slovenia




I.The impact of new construction

products legislation in Macedonia




Goal - to eliminate barriers to trade

Construction products may be placed on the market only if they are fit for the intended useConstruction products are considered fit for use, if they comply with the technical specifications on the basis of the Construction Products Directive and if they bear CE markingMember States may not hinder the free movement and use of such construction products.




Obligation and rights of Member States

Regulations for works are still in national competence of Member States.

Member States may have different levels of protection or different climatic conditions.

Member States may determine the performance level also to be observed in their territory only within the classification adopted at community level and only subject to the use of all or some or one class.

II.11




CPD transposition and implementation

National legislation / regulation Adoption of harmonised european standardsApproved bodies: Certification bodies,inspection bodies and testing laboratories

Member States shall indicate the products which fall within the competence of the bodies and laboratories and the nature of the tasks to be assigned to them.European Technical Approval bodyMarket surveilance




CPD - RESPONSIBILITY regulationsPublic responsibility : policies,

Proposals : Mandates

Decisions

National

EC

MarketSurveillance

SafeguardClause

SCC

MS

regulations

technical specifications

Private responsibility : attestation of conformityCE-Marking

ProducersCE-Marking

Mandates hEN, ETA

The product is placedon the market

CEN EOTA

Market

NB

Attestation ofconformity

NOTIFICATION




Producer

The The PRODUCERPRODUCER ISIS FULLY RESPONSIBLEFULLY RESPONSIBLE for the for the attestation that products are in conformity with theattestation that products are in conformity with the requirements of a technical specificationrequirements of a technical specificationThe involvement of a third party, even to provide an ECThe involvement of a third party, even to provide an EC certificate of conformity, certificate of conformity, does not relieve the producerdoes not relieve the producer from ANY of hisfrom ANY of his o obligationsbligationsHowever, under the CPD, responsibility for certain However, under the CPD, responsibility for certain actions is given to aactions is given to a third party for all systems of third party for all systems of attestation of conformity, except system 4attestation of conformity, except system 4




Producer

Whether or not there is a third party intervention in Whether or not there is a third party intervention in attestationattestation ofof conformity, conformity, ALLALL the tests and procedures the tests and procedures required by the CPD and therequired by the CPD and the technical specifications technical specifications MUSTMUST bebe performedperformed and and documented correctlydocumented correctly;;

The documentation shall be available for notifying and The documentation shall be available for notifying and surveillancesurveillance authorities.authorities.




The market surveillance

Member States must nominate or establish authorities to be responsible for market surveillance. These authorities need to have the necessary resources and powers for their surveillance activities, ensure technical competence and professional integrity of their personnel, and act in an independent and non-discriminatory way, respecting the principle of proportionality




The market surveillance

Market surveillance is the essential tool for the enforcement of the New Approach directives

Notified Bodies should, basically, be excluded from the responsibility of market surveillance, to avoid possible conflicts of interest




The Construction Products Directive

- Who is concerned?Legislative Authorities StandardizersManufacturers Consulting Arch & Eng Contractors Notified bodies Approval bodies Surveillance authorities




Working group on CPD

Stakeholders have different needs and objectives.

Participants of WG should identify their benefits Participation of experts on voluntary basisIndustry and trade participate through chambers




II.Technical specifications in the frame of Construction Products

Directive




CPD PRINCIPLE

Harmonized technical

specification

Essential Requirements

CPD

Construction Product




Technical specifications

Harmonised European standards (hEN)European technical approvals (ETA)(recognised national standard)




Mandates

Commission Mandates are given,

after consultations with MSs, to:

CEN for hENs

EOTA for ETAGs ETAs




European harmonised 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




European harmonised standard (hEN)

Voluntary standardEN XXX

Conformity Requirements CEAnnex ZA




Anex ZA

ZA. 1 Scope and relevant characteristics

ZA.2 System of attestation of conformity

ZA.3 CE Marking and labelling

Product(s)

Intended use(s)

level(s) or class(es)

Attestation of

conformity system(s)

Common cements, including: - Portland cements - Portland composite cements

Portland-slag cement Portland-silica fume cement Portland-pozzolana cement Portland-fly ash cement Portland-burnt shale cement Portland-limestone cement Portland composite cement

- Blastfurnace cements - Pozzolanic cements - Composite cements

Preparation of concrete, mortar, grout

and other mixes for construction and for the manufacture of

construction products

.....

1+

System 1+: See Annex III Section 2 point (i) of Directive 89/106/EEC, with audit-testing of samples taken at the factory




European harmonised standard




European harmonised standard




European technical approval ETA

a system 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 where product deviates from the standards




ETA on the basis of a European Technical Approval Guideline (ETAG) :

• several manufacturers• many applications expected

ETA without guideline (art. 9.2) based on a Common Understanding (of the approval Bodies) on the Assessment Procedure (CUAP)

• one manufacturer• reduced number of applications expected

The types of ETAs







Published ETAGETAG 001 Metal Anchors for Use in ConcreteETAG 002 Structural Sealant Glazing Systems ETAG 003 Internal Partition Kits ETAG 004 External Thermal Insulation Composite Systems with

RenderingETAG 005 Liquid Applied Roof Waterproofing KitsETAG 006 Systems of Mechanically Fastened Flexible Roof

Waterproofing MembranesETAG 007 Timber Frame Building KitsETAG 008 Prefabricated Stair Kits……ETAG 018 Fire protective products




Relation between ETAs and hENs

hENs

- General specifications- Applicable for a whole range of products- Reflects the market situation on a larger scale- Cover mostly building materials -Represent the state of the art

ETAs

- Individual specifications- Tailor-made, unique

- Responds to specific market needs- Cover mostly composite systems (kits)- Assist innovation




0 6 9 21 (33 for ETAG)

TRANSITIONAL PERIOD

Publication of the standard by CEN (stage 64)

Conversion in national standards (CEN-rule)

Publication in the Official Journal

t (Months)

CE-markingPossible

Dapp

CE-markingMandatory

DOW




Thank you for your attention!

Documents

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction