Policy Briefing. Frequently Asked Questions on the Construction Products Regulation and CE marking. December Background

Transcription

1 Frequently Asked Questions on the Construction Products Regulation and CE marking December 2012 Background The following list of frequently asked questions has been produced by an MPA Working Group and has taken into account the requirements of the Construction Products Regulation, advice from the Construction Products Association and current best practice being applied under the Construction Products Directive. 1. When does the Construction Products Regulation (CPR) come into effect? The CPR entered into force on 24 April 2011 with a lead in period to its full implementation and application from 1 July What is a construction product under CPR? Any product or kit (two or more products which are put together) placed on the market for incorporation in a permanent manner in construction works, the performance of which affects the performance of the construction works with respect to the seven Basic Requirements for Construction Works (BRCW) identified in Annex 1 of the CPR. 3. What is a harmonised standard? A harmonised European Standard (hen) is one which has been adopted by one of the European standardisation bodies and contains an Annex ZA requiring a Declaration of Performance (DoP) and provision of the CE marking information for the product supplied. 4. What is a Declaration of Performance (DoP)? The document applies when a construction product is covered by a harmonised standard or conforms to a European Technical Assessment. The DoP details the product and the standard and contains information about its performance in relation to the essential characteristics defined within the applicable harmonised technical specification. As from 1 July 2013 CE marking must be applied to a product which has either a current DoP or a previously issued Declaration of Conformity (DoC) under the Construction Products Directive (CPD). The manufacturer through provision of a DoP assumes legal responsibility for the conformity of the product.

2 5. Does the Declaration of Performance (DoP) under CPR differ significantly from the Declaration of Conformity (DoC) under the Construction Products Directive (CPD)? The requirements of the Declaration of Performance under CPR are very similar to those of the Declaration of Conformity under the CPD, it is principally the format and terminology used which are different. 6. What is CE marking as required by CPR? CE marking is the record of the performance of the product as stated in the Declaration of Performance and can be the only marking which attests conformity of the product. From 1 July 2013 construction products in conformity with an hen or a European Technical Assessment must [with a limited number of exceptions ('derogations')] have CE marking either affixed to the product, issued with accompanying documentation or made available on demand through electronic means. (see FAQ 10 provision of CE marking information via a website). Note: the CE marking information as referred to in these FAQ s is the document which contains the CE symbol, regulatory supporting information and the performance of the product as defined in the example CE marking shown in Annex ZA of the applicable standard. CE marking certifies that the requirements within the Declaration of Performance have been met. 7. What is the Assessment and Verification of Constancy of Performance (AVCP)? AVCP defines the degree of involvement of third parties in assessing the conformity of the product. It can be considered in five segments: a) The Factory Production Control (FPC) documentation and internal controls of the production, b) Initial inspection of the manufacturing plant and FPC documentation, c) Continuous surveillance of the FPC systems including audits, d) Type Testing of the product, and if applicable according to the AVCP system stated in Annex ZA, audit testing of the product before it is placed on the market. 8. What are the different systems for Assessment and Verification of Constancy of Performance (AVCP) and which of these apply to my product? There are five systems: System 1+, System 1, System 2+, System 3 and System 4 with the most onerous being System 1+ which includes audit testing of the product by a notified product certification body. These systems are fully described in Annex V of the CPR. The specific system which applies to a particular product is stated in Annex ZA of the appropriate harmonised standard. 9. What does making available on the market mean under CPR? Making available on the market means any supply of the product for distribution or use as part of a commercial activity whether for payment or free of charge.

3 10. Is provision of the CE marking information via a website allowed under CPR? CPR permits Declarations of Performance to be made available via a website subject to a Delegated Act being enacted. We anticipate that CE marking will also be permitted via a website and MPA considers that because a Delegated Act is unlikely to be enacted until 2014, best practicable means for CE marking shall be employed by making CE marking available through company websites on or before 1st July 2013 as is the current practice under the CPD. This decision is made on the basis that a future Delegated Act will legalise this method of issue as being the only practicable method of CE marking for bulk supplied loose products such as Aggregates, Sands, Screeds, Mortars and Asphalts. 11. Can additional information be added to the CE marking information? No. It is recommended that any additional information is placed in a separate enclosed text box titled Additional information which is clearly segregated from the CE marking information. 12. Who is responsible for providing the CE marking information? The manufacturer of the construction product who makes it available on the market. 13. Can the regulatory CE symbol used in the CE marking information be used on its own on the delivery ticket or other documents? No. There is regulatory information which must be included with the CE symbol if it is used in isolation of CE marking information. It must be made very clear which of the products covered by the delivery ticket or other documentation are subject to CE marking. 14. How does a distributor who makes the product available on the market provide the CE marking information? If the product has been transferred from the manufacturer to a distributor and the distributor has not changed the integrity or declared performance of the product in any way, the distributor must ensure that the product bears the manufacturer s CE marking or that the purchaser is directed to the manufacturer s website to be able to obtain the CE marking information, and the Declaration of Performance where required. The Distributor must ensure full traceability of the product. 15. How does the distributor provide the CE marking information for bulk products which have been bagged or placed in mobile bins or silos? CE marking traceability back to the bulk product will be required through the documentation provided by the distributor which will provide clear instructions on where to obtain both the CE marking information and Declaration of Performance where required. 16. Can a proprietary construction product be placed on the market after 1st July 2013? Yes. However if it is fully covered by a harmonised European Standard it must be supplied as a European Standard construction product and must therefore reference the appropriate European Standard in the product designation. In doing so the product must comply with all the

4 requirements of the European Standard including Type Testing, Factory Production Control, and CE marking. If the product is outside the scope of a harmonised standard, the product can be supplied against a European Technical Assessment. If neither of the previous options is applicable, the product can still be placed on the market but cannot reference a European Standard and cannot be CE marked. 17. What documentation is required when a construction product is supplied in conformity with a harmonised European Standard (hen) which still refers to the requirements of the Construction Products Directive (CPD) in Annex ZA. From 1 July 2013 Declarations of Performance are required for construction products which are covered by either a harmonised European Standard (hen) or an ETA. In the first instance, these may be drawn up by a manufacturer using a CPD-compliant 'Declaration of Conformity' changing the document name to a Declaration of Performance. In due course, harmonised European Standards will be amended. During the transitional period until the Annex ZA in the hen has been amended to include CPR requirements, CE marking under CPD continues to apply. 18. When a product complies with two or more harmonised European Standards (hens), can one CE marking information sheet be supplied covering the two or more uses whilst identifying the standards and relevant properties? No. The CE marking information is specific to a single hen. 19. If a customer orders a Sand or a 10/20mm Aggregate with no other information as to its intended use in the construction, how should this be dealt with under CPR? The default position must be that the product will be used in construction and therefore if covered by an hen, the supplier will make available the appropriate CE marking information. 20. When will a Declaration of Performance have to be changed? The Declaration of Performance will be amended when the essential performance characteristics of the product change or as required by the hen. 21. When will the CE marking information have to be re-issued? Re-issue will be initiated when the performance characteristics of the product change to such an extent that a level or category change in the CE marking declaration is required. This may be a result of the Type Testing being repeated. 22. How long do Declarations of Performance and the CE marking information have to be retained/filed by the manufacturer and distributor? Technical documentation, Declarations of Performance and the CE marking information must be retained for a period of 10 years. This period can only be amended by means of a delegated act on the basis of the expected life or the part played by the construction product in the construction works.

5 23. What action has to be taken by the manufacturer or distributor when Trading Standards suspects a product is not in conformity with the Declaration of Performance? Action required by the appropriate standard within the Factory Production Control requirements is followed to return the product to conformity. If appropriate the product is withdrawn or recalled. If neither is possible the user, customer or client is informed giving details of the non-conformity and any corrective measures taken. 24. Is the manufacturer obliged under CPR to make available supporting documentation for Declarations of Performance and the CE marking information? On receipt of a reasonable request from Trading Standards, all the information and documentation necessary to demonstrate the conformity of the construction product with the Declaration of Performance and other applicable requirements within the CPR shall be provided. Response to other requests is discretionary. 25. If a customer asks me to supply a paper copy of the Declaration of Performance and/or the CE marking information do I have to do this? There is a requirement within the CPR to supply a paper copy of the Declaration of Performance if the recipient requests it. Until full clarity is received from the European Commission on making CE marking available electronically on company websites, paper copies of CE marking should also be made available to the recipient, client or customer when specifically requested. 26. What is a micro-enterprise as stated by Article 37 of CPR which covers the use of simplified procedures? A micro-enterprise is a company which employs fewer than 10 persons and has a turnover not exceeding 2 million Euros. The simplified procedures cover the Type Testing using different methods to those stated in the applicable harmonised European Standard (hen) and producing Special Technical Documentation which identifies procedures which are equivalent to those laid down in the hen. 27. What is the current situation with submission of information for Regulated Dangerous Substances (RDS) covered by BRCW 3? The testing methodologies for RDS are still in the state of development and it is considered unlikely that declarations for RDS will be possible until 2015 at the very earliest. Until the necessary test methods have been agreed, information submitted should be limited to substances referred to under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). 28. When will BRCW 7 covering the sustainable use of natural resources come into effect? Whilst this requirement for construction works is stated in the CPR which is implemented on 1 July 2013, the specifics of any declaration that will be required with construction products are still under consideration. It is unlikely that any declarations will be required until 2018 at the very earliest. Version 1-30 November 2012.