The safety level in the building sector and the consequences of the CJEU judgment

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1 The safety level in the building sector and the consequences of the CJEU judgment Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

2 Content 1. Development of the safety level in the building sector 2. European harmonisation 3. Additional requirements applying in Germany 4. CJEU judgment 5. Current knowledge about the consequences of the judgment Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

3 Safety Level in the building sector 600,000 to 400,000 years ago: First huts around 12,500 years ago: First stone buildings around 4,500 years ago: First pyramids 130 years ago (1885): First high-rise building Construction technology is becoming ever more complex Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

4 Safety Level in the building sector in Germany "Building structures are to be planned, constructed, modified and maintained so as not to pose any hazard to public safety and order, particularly to human life and health and to the natural resources" Section 3(1) MBO (Model Building Code) (as amended in 2012) Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

5 Safety Level in the building sector in Germany 1968: Deutsches Institut für Bautechnik is founded LTB BRL Tasks include: Drafting/Co-drafting of technical rules / building regulations & preparing them for implementation Fire Protection Stability Protection from heat, noise and vibration Protection of the environment and health DIN Anno 1968 DIBt Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

6 Requirements in Europe Most countries have technical building rules FN BS Varying product requirements make the trade between the countries more difficult SFS UNE DIN Solution: Harmonisation of product rules! for reasons relating to the free movement of goods! Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

7 European harmonisation European Commission issues a mandate FN BS Standardisation body is founded SFS UNE DIN Harmonised standard is created Harmonisation but not always fully comprehensively EN Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

8 Example of inadequate harmonisation: Wood flooring EN 14342:2013 Health protection: Release of formaldehyde PCP content Release of other dangerous subtsances (e.g. VOC-emissions) EN & EN Assessment CEN/TR Reference to national regulations In the absence of harmonised European test methods, verification and declaration on release/content should be done taking into account national provisions in the place of use. Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

9 Handling (so far) of requirements implemented inadequately Harmonised standards result in the CE mark EN Inadequate covered (safety-relevant) requirements regarding construction products (still) lead to additional requirements CE + Ü Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

10 CJEU judgment dated 16 October 2014 Judgment (Case C-100/13): German additional requirements for - Thermal insulation products according to DIN EN 13162: Elastomeric seals according to DIN EN 681-2: Industrial, commercial and garage doors and gates according to DIN EN : do not comply with the Construction Products Directive Declaratory judgment Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

11 First consequences from the CJEU judgment Direct consequence: Additional requirements for the 3 products cancelled Further consequences: Discussions with/within authorities at Länder and federal level and the European Commission Transfer of the judgment content to all other products for which additional requirements apply and to the Construction Products Regulation, despite changed legal framework Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

12 After the CJEU judgment Goal / Aim: The safety level of the buildings and their users is generally to be maintained at the current level! Further CJEU proceedings are to be avoided! Route: Rewording the safety requirements at building level Increased participation in the standardisation process Articel 18 procedures Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

13 After the CJEU judgment Current: Additional requirements for the products directly affected by the judgment have been cancelled Dispensable additional requirements were removed from BRL ("Construction Products List") B Part 1 on 14 August 2015 Planned consequences: Acceptance of applications for national technical approvals with respect to harmonised standards only up to 31 January 2016 Cancellation of BRL B Part 1 and other additional requirements as of 15 October 2016 Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

14 What will happen after 15 October 2016? Requirements at building level are to replace BRL B Part 1! Requirements are currently being drafted Envisaged verification options: ETAs Existing national technical approvals for harmonised products until the end of the validity period??? Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

15 Non-harmonised construction products National technical approvals can still be issued for non-harmonised construction products, unless these construction products are regulated (otherwise at the national level). Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

16 Current informationen This presentation reflects only current knowledge. Future changes are possible! Deutsches Institut für Bautechnik will inform you as soon as further measures on the implementation have been specified. Visit our website: Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

17 Time for your questions! Marc Nierhaus DIBt Deutsches Institut für Bautechnik Kolonnenstraße 30 B D Berlin mni@dibt.de Consequences of the CJEU judgment Marc Nierhaus 28 October von 17

18 Consequences of the CJEU judgment Marc Nierhaus 28 October von 17