Construction Products Regulation
(EU) NO 305/2011 (CPR)
- Changes will be enforced from 1st July 2013: CE marking will be mandatory for products which are covered by a harmonised European standard (hEN) or a European Technical Assessment (ETA).
- By using harmonised technical specifications manufacturers compete on a level playing field
- The specifier is responsible for determining if the ETA3 / hEN1 is relevant to the application the product is intended / designed for.
- An ETA3 is only valid for the product it has been tested against i.e.:
- If a manufacturer only holds an ETA3 for an M10 stud anchor then the M12 stud anchor cannot be assumed to hold an ETA.
- If a manufacturer holds an ETA3 for Firestop with 1 cable passing through it cannot be assumed as approved for use when firestopping 10 cables.
What is the Construction Products Regulation?
Under the Construction Products Regulation (CPR) – fully enforced as of 1st July 2013 - CE marking will become mandatory. All manufacturers of products which are covered by a harmonised European standard (hEN) or a European Technical Assessment (ETA) must apply CE marking to these products.
One of the key concepts of the CPR is to harmonise:
- The methods and assessment of test
- Declaration of product performance
- System of conformity assessment of construction products
It will NOT affect national building regulations.
Due to the consistent manner of expressing the technical information this should allow easier product selection by the designer / specifier / contractor / end user.
CE Marking under the CPR
CE marking enables a product to be placed legally on the market in the European Economic Area (EEA). This does not necessarily mean it will be suitable for all end uses for all end users in member states.
CE marking indicates the product is consistent with its Declaration of Performance (DoP) as made by the manufacturer. This can vary according to the harmonised technical specification covering the product:
- Confirmation of achievement of a minimum performance or threshold.
- The actual performance (a declared value)
- A particular class of performance reached
It is important that any designers and/or specifiers understand the relevant performance requirements for the product:
- Annex ZA.3 for hENs and a section in the EAD for ETAs explains how CE markings are approached.
- CE marking is a declaration by the manufacturer that the product meets all the appropriate provisions of the hEN or EAD.
What does it mean for regulations / regulators?
The CPR is not intended to harmonise member states building regulations. It harmonises the methods of:
- Declaration of product performance
- Assessment and verification of constancy of performance
Enforcement Authorities2, will need to be aware of the significance of the CE marking in relation to construction products.
Building Control Bodies, specifiers and other practitioners will need to keep abreast of the introduction of hENs / EADs, and amendments to Building Regulations and their supporting documents. These will include not only Approved Documents (England and Wales), Technical Handbooks (Scotland) and Technical Booklets (Northern Ireland), but also British Standards Codes of Practice and other linked documentation.
Responsibility for ensuring that a product has the correct characteristics for a particular application rests with the designers, contractors and local building authorities.
What does it mean for Designers and Contractors?
Providing local Building Regulations are met, designers, specifiers and end users (contractors) are free to set their own requirements on the performance of the works and, therefore, construction products.
The information contained in the DoP should allow them to make consistent comparisons between products as the methods of assessment. Similarly, test and declaration of results will be the same when comparing products from different manufacturers.
What does it mean for importers and distributors?
The CPR adds responsibilities to importers and distributors who must assure themselves that the manufacturer has undertaken all that is required. The names and contact details of the importers and distributors must appear on the product, product labeling or associated documents.
Important actions include:
- Withholding a product from the market if they believe the product is not in conformity with the DoP
- Passing on all relevant documentation whenever they make a sale
- Ensuring that the product maintains its conformity with the DoP after storage and distribution
- Providing all relevant information about a product if a request is made by a competent national authority.
What does it mean for Insurers?
Insurers are generally private bodies and whilst recognising performance declared under the CE marking can thus set their own requirements on performance of products.
However if they hold a monopoly position in the supply of their services they should consider the implications of Article 8.5 of the CPR.
Their requirements cannot prevent the use of products which carry CE marking.
What is Hilti doing to satisfy the requirements?
As of 1st July 2013 construction products placed on the market in the UK and covered by a hEN1 or ETA3 will have to be accompanied by a Declaration of Performance (DoP) and will need to have the CE marking.
However if a product falls within the scope of an EAD2 it is remains a voluntary decision for the manufacturer whether or not to request an ETA3 for it, and to this extent CE marking will remain voluntary for such products.
- All Hilti products covered by a hEN1 or carrying an ETA3 will carry the CE marking
- A copy of the Declaration of Performance (DoP) for each product made available on the market carrying the CE marking shall be supplied to the purchaser in either paper form or by electronic means5
- The DoP shall be provided in the language or languages required by the member state
- A paper copy of the DoP shall be supplied if the recipient requests it.
Hilti is prepared for the change
- All Hilti products that are regulated by a harmonized European Standard (hEN1) will be compliant and CE marked by 07/2013
- Hilti will continue to take a leading role in the industry by testing our products to technical standards when an EAD2 exists in order to provide the most advanced ETA3 portfolio in the industry.
- All products currently with ETAs will have the ETA3 prolonged and updated with declarations of performance in accordance with CPR by 07/2013
1hEN = Harmonised European Standard. Hilti products covered by a hEN include wood nails (EN 14592) and drywall screws (EN 14566).
2EAD = European Assessment Document, similar to European Technical Approval Guidelines under the Construction Products Directive (CPD).
3ETA = European Technical Assessment, similar to European Technical Approval under the Construction Products Directive (CPD).
4Trading Standards (England, Wales and Scotland) and Environmental Health Officers (Northern Ireland)
5Where a batch of the same product is supplied to a single user it may be accompanied by a single copy of the DoP either in paper form or by electronic means
REFERENCE: Construction Products Association, Version 1 2012. Guidance note on the Construction Products Regulation. London: CPA