EU: Proposal for a new regulation for construction products

 

The EU Commission has published a proposal for a new Regulation laying down harmonised conditions for the marketing of construction products.  The new regulation would repeal the existing Regulation (EU) 305/2011 for construction products and amend the new EU Market Surveillance Regulation (Regulation (EU) 2019/1020).

Regulation (EU) No 305/2011 of the European Parliament and of the Council (the ‘Construction Products Regulation’ or CPR) lays down harmonised conditions for the marketing of construction products. The CPR ensures the smooth functioning of the single market and the free movement of construction products in the EU. It does so through harmonised technical specifications, which provide for a common technical language on how to test and communicate the performance of construction products (e.g. reaction to fire, thermal conductivity or sound insulation).

The use of standards is mandatory when they are cited in the Official Journal of the European Union (OJEU). Construction products covered by such standards must bear the CE marking which indicates that they comply with their declared performance. Such products can then freely circulate within the single market.

EU Member States are not allowed to require any additional marks, certificates or testing. The CPR does not set product requirements. EU Member States are responsible for the safety, environmental and energy requirements applicable to buildings and civil engineering works.

The Commission’s 2016 implementation report on the CPR2 identified certain shortcomings in its implementation and a significant number of challenges linked among others to standardisation, simplification for micro-enterprises, market surveillance and enforcement, deserving further examination and discussion.

This proposal aims to tackle the following fours problems:

Problem 1: Single market for construction products not achieved.

The standardisation process at the core of the CPR has been underperforming. In the recent years, draft harmonised standards developed by the European Standardisation Organisations (ESOs) could rarely be cited in the Official Journal (OJEU) mainly due to legal deficiencies. The lack of citation of up-to-date harmonised standards for construction products is a key factor undermining the smooth functioning of the single market, creating trade barriers and additional costs and administrative burden on economic operators. Outdated harmonised standards also mean that they are not always market-relevant, as the process cannot keep pace with the developments in the sector.

Problem 2: Implementation challenges at national level.

These issues also add to the complexity of the legal framework and contribute to the fact that market surveillance activities widely vary (in quality and effectiveness) from one Member State to another. Ineffective market surveillance and enforcement in general limits the trust in the regulatory framework and is therefore a disincentive for companies to comply with the legislation.

Problem 3: Complexity of the legal framework /simplification not achieved.

Harmonised technical specifications provide for a common technical language on how to test and communicate the performance of construction products (e.g. reaction to fire, thermal conductivity or sound insulation). The CE marking under the CPR is linked to the assessment of the performance of a construction product, and not to its conformity with product requirements, as these are not set by the CPR. Given that this is a rather exceptional situation compared to other NLF legislation, the meaning of the CE marking is often misunderstood and misinterpreted.

Problem 4: The CPR is unable to deliver on broader policy priorities, such as the green and digital transition, and product safety.

The available harmonised assessment methods for the performance of construction products cover only some elements linked to the environmental impacts such as pollution but have not been established with regards to sustainable use of natural resources. Furthermore, the CPR does not allow to establish environmental, functional and safety product requirements for construction products, therefore hampering the possibility to address non-performance based issues.