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ConstructionProducts

Construction Products

This project is funded jointly by the Swedish International Development Cooperation Agency (Sida) and the European Free Trade Association (EFTA). It is implemented by the European Committee for Standardization (CEN) in support of the EU accession objectives of the countries of the Western Balkans.

Standards • Technical Regulations • Accreditation • Metrology • Conformity Assessment • Market Surveillance

Standards • Technical Regulations • Accreditation • Metrology • Conformity Assessment • Market Surveillance

GUIDANCE BOOKLET

Compliance with the EU’s Construction Products Regulation

for manufacturers and importers

6.

0. EXECUTIVE SUMMARY

The Construction Products Regulation (CPR) is the main EU legislation covering the placing on the market of construction products in the European Union and EFTA countries. The aim of this Guide is to assist manufacturers to follow the provisions of the CPR and place their products in respective domestic markets, including guid-ance for exporters of construction products from the Western Balkan countries. Al-though this Guide is aimed mainly at manufacturers and exporters, it also provides useful information for others in the supply chain, including importers, conformity assessment bodies, market surveillance authorities and users/specifiers of con-struction products.

The CPR does not work in the same way as other EU Single Market legislation, partic-ularly because it does not assess the safety of products but, instead, it requires only that the performance of products is declared. Responsibility for judging the suitabili-ty of products therefore belongs to, in general, specifiers and users of such products. The Introduction to this Guide explains these differences, which are important for understanding the marketing needs of construction products.

The Guide then goes through all the stages that need to be followed by all manufacturers and importers, namely:

• identifying the market for construction products;

• deciding whether the CPR applies to the product;

• applying other relevant legislation;

• finding the correct harmonised technical specification;

• preparing prior to applying the technical specification;

• seeking an appropriate conformity assessment body or bodies, when required;

• drawing up the declaration of performance and CE marking;

• maintaining product performance over time;

• dealing with market surveillance authorities.

The Guide covers all of the above issues in enough detail to allow readers to under-stand what they need to do, using real examples whenever possible. It takes exam-ples showing how to follow the provisions of harmonised European technical speci-fications, but it does not go through all the provisions of any particular specification, because of their number and the differences between each of them. When relevant, it also guides readers to other sources of information recognising, however, that no other single document covers everything. As such, this Guide represents one of the most thorough presentations of the CPR.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011R0305&from=EN

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This Guide pays particular attention to what manufacturers have to do to trade in the EEA. Consequently, it covers provisions and concepts such as notifi ed bodies, harmonised European Standards and CE marking, etc. Furthermore, Western Balkan manufacturers are encouraged to start working towards the future CE marking sys-tem. This includes things like: operating a factory production control system, apply-ing a national standard (which might be a transposed European Standard) and using any national regulatory or quality markings. This preparatory work may well have immediate marketing advantages in the region, as well as making the transition to the EU system, when it comes, much easier.

Most construction products are also covered by other EU legislation, in particular on dangerous substances, while some products are also covered by functional legisla-tion, such as the Machinery Directive, the Ecodesign Directive and the Low Voltage Directive. This Guide identifi es products covered by other legislation and, briefl y, ex-plains how manufacturers and importers can be compliant with it. Finally, although the CPR entered fully into force in 2013, some aspects of its implementation have not yet been fully agreed. In addition, the regulation is currently (April 2018) under-going a review, with the possibility of it being revised. The Guide discusses some of the issues likely to be covered during this review but cannot, of course, predict the outcome. Anyone reading this guide, therefore, needs to ensure that they regularly monitor relevant updates.

It is important to note that the CPR and CE marking are aimed primarily at the rela-tionship between manufacturers, importer (if relevant) and market surveillance au-thorities. They do not, directly, cover the relationship between manufacturer and cus-tomer. The CE marking is a tool which allows products to be placed on the market (offered for sale) within the EEA, on the basis that they have satisfi ed the regulatory requirements imposed on them. It is not a tool which ensures that the product is one which will satisfy the needs of the customer, and the customer (with some limita-tions in the case of public procurement) has the right to request things (e.g. product performance levels and third party certifi cation) which go beyond the requirements for CE marking.

http://ec.europa.eu/growth/sectors/construction/product-regulation_en

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For this reason, the Guide discusses choices available to manufacturers within the CE marking framework and not the area of customer satisfaction. This Guide does not repeat, in general, text from the CPR itself but, rather, it explains the regulation. It is assumed that any manufacturer wishing to obtain CE marking will obtain a copy of the CPR and read it in parallel with this Guide.

The legal and guidance sources underlying this Guide are those listed in Section 9 “Other sources of information”. However, much of the content comes from the practical experience of its authors, Dr Adam Pinney and Mrs Barbara Sorgato who, between them, have something like 50 years’ experience in the construction and construction products sectors. Dr Pinney and Mrs Sorgato work with the CPR on an almost daily basis, have advised national governments, worked with the European Commission, CEN and EOTA, have assisted manufacturers to apply the regulation to their construction products and have worked with market surveillance authori-ties. They have also provided many training seminars and conference presentations on the subject. As a result of this, the Guide probably represents one of the most comprehensive and authoritative sources of information related to the EU regulatory requirements on construction products.

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CONTENTS

0. Executive summary ............................................................................................................. 6

I. Abbreviations .........................................................................................................................12

II. Introduction – What is the CPR, EU/305/2011 ....................................................................13

II.1. General principles of CE marking ................................................................................13

II.2. Differences between the CPR and other legislation ...................................................14

II.3. The link between products and regulatory requirements on construction works ........18

II.4. Some myths about the CE marking of construction products ..................................20

III. Steps for manufacturers and importers ...............................................................................21

Section 1 – Step 1: Market identification...............................................................................23

1.1. The suitability of a product for a particular market....................................................23

1.2. Which products are covered by the CPR and which are not? ....................................23

1.3. Exemptions from the provisions of the regulation .....................................................27

Section 2 – Step 2: Applying regulatory requirements .........................................................27

2.1. Identifying the relevant harmonised European Standard ...........................................27

2.1.1. Introduction ...........................................................................................................27

2.1.2. Product standards .................................................................................................28

2.1.3. Finding the relevant product standards ...............................................................30

2.2. The European Technical Assessment route ...............................................................31

2.3. Basic Works Requirement 7 and other applicable legislation ...................................33

2.3.1. Basic Works Requirement 7 .................................................................................33

2.3.2. Dangerous substances .........................................................................................33

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2.3.3. Electrical, electronic, mechanical and other products ........................................35

2.4. Responsibilities of different actors .............................................................................35

2.4.1. Introduction ...........................................................................................................35

2.4.2. Organisations acting as ‘manufacturer’ ...............................................................36

2.4.3. Responsibilities and actions of CPR actors ........................................................36

Section 3 – Step 3: Preparatory work ....................................................................................38

3.1. Preparing the technical file ..........................................................................................38

3.2. Identifying the Assessment and Verification of Constancy of Performance system(s) ......................................................................................................................39

3.2.1. Introduction ...........................................................................................................39

3.2.2. The AVCP systems in detail..................................................................................42

3.3. Selecting conformity assessment bodies ..................................................................51

3.4. The notification process ..............................................................................................54

Section 4 – Step 4: Applying the standard ............................................................................55

4.1. Selecting the characteristic(s) to be assessed ..........................................................55

4.2. Applying the AVCP system ..........................................................................................57

4.3. Simplified procedures of the CPR ...............................................................................59

4.4. Simplified procedures of standards ............................................................................63

Section 5 – Step 5: The Declaration of Performance (DoP) and CE marking .....................63

5.1. Drawing up the DoP ......................................................................................................63

5.2. Supply of the DoP .........................................................................................................69

5.3. Drawing up and supplying CE marking .......................................................................69

5.4. Other documentation ...................................................................................................72

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Section 6 – Step 6: Maintaining performance .......................................................................72

6.1. Factory production control ..........................................................................................72

6.2. Ongoing AVCP activities ..............................................................................................72

6.3. What to do when something changes ........................................................................74

Section 7 – Step 7: Dealing with market surveillance authorities ........................................76

7.1. Introduction ...................................................................................................................76

7.2. Market surveillance activities ......................................................................................76

7.3. Market surveillance and manufacturers .....................................................................77

7.4. The role and responsibility of manufacturers.............................................................78

Section 8 – The future of the CPR ............................................................................................78

8.1. Introduction ...................................................................................................................78

8.2. The Construction Products Regulation .......................................................................78

8.3. Harmonised European Standards ...............................................................................79

8.4. Other regulatory changes .............................................................................................81

Section 9 – Additional sources of information ........................................................................82

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I Abbreviations

The following abbreviations are used throughout this Guide. Other terms are ex-plained where they appear in the text.

AVCP Assessment and Verification of Constancy of Performance

BWR Basic Works Requirement

CEN European Committee for Standardization (one of 3 European Standardization Organizations)

CPD Construction Products Directive 89/106/EEC

CPR Construction Products Regulation, EU/305/2011

DA Delegated Act

DoP Declaration of Performance

EAD European Assessment Document

EEA European Economic Area

EFTA European Free Trade Association

EMC Electromagnetic Compatibility Directive

ETA European Technical Assessment

EOTA European Organisation for Technical Assessment

EU European Union

hEN Harmonised European Standard

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Compliance with the EU’s Construction ProductsRegulation for manufacturers and importers

LVD Low Voltage Directive

MD Machinery Directive

NB Notified Body

NCP National Contact Point

NPCB Notified Product Certification Body

PTD Product-type determination

REACH Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation

TAB Technical Assessment Body

II Introduction – What is the CPR, EU/305/2011

II.1. General principles of CE marking

From 1 July 2013, under the Construction Products Regulation (CPR), it became mandatory for manufacturers to apply CE marking to any of their products covered by a harmonised European standard (hEN) or a European Technical Assessment (ETA, but see also 2.2) below).

The CE marking, as a general regulatory compliance mark, usually asks and answers the question “Is this product safe?”. Seeing the CE marking on an electrical product, for example, gives a presumption – but not always a proof – that the product is a safe one. ‘Safety’ in this context means that the product complies with those aspects of its performance which are subject to regulatory (legal) requirements. There may be limits on the product safety (e.g. some personal protective equipment provides pro-tection only against some risks), but it is then judged to be safe within these limits.

The CE marking on a construction product, on the other hand, makes no judgement about the ‘safety’ of the product. Instead, the CE marking is accompanied by a se-ries of performance values against different characteristics and, in this case, the CE

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marking gives a presumption that the declared performance is correct. Whether the product is suitable for use in a particular construction works is therefore something to be decided at a later stage, e.g. by the user of the product. As such, CE marking of construction products is different to general CE marking and thus operates differ-ently from the other EU legislation.

A few other general principles merit explanation. Firstly, the CE marking is not a mark of quality (high quality), it is a mark of conformity. Secondly, the CE marking covers primarily the relationship between manufacturer and market surveillance authority, i.e. it demonstrates that the product may be legally placed on the market. It does not generally cover the relationship between manufacturer and user of the product, but it does require that the DoP and CE marking are passed on to the next economic op-erator in the supply chain. The CE marking, though, may provide useful information for the user, but the user may well require more information than is given with the CE marking, such as the cost, a guarantee and some sort of after-sales service, but these are ‘marketing’ aspects which are not covered by the CE marking at all.

II.2. Differences between the CPR and other legislation

The EU regulatory system for products in general has two basic aims:

• to provide a high level of protection to citizens, animals and the environment; and

• for all products to circulate freely within the EEA (free trade).

Protection of citizens is provided by mandatory regulatory provisions, which cov-er aspects of ‘public interest’. Regulations therefore cover aspects such as health, safety and environmental protection, but they do not cover aspects such as quality or cost, because these are ‘market’ issues rather than regulatory issues.

Single Market product legislation apart from the CPR sets requirements (essential requirements or essential characteristics) directly on products. An example, for elec-trical products, from the LVD, is:

“The insulation must be suitable for foreseeable conditions”.

This, and all other essential requirements, apply equally and identically throughout the EEA, which means that the regulatory system is also identical throughout the EEA. All products placed on the EEA market have to satisfy all essential require-ments which apply to them, but they can do this by one of two ways: they may com-ply directly with the requirements (e.g. the manufacturer could, by risk assessment and design, demonstrate that his product meets the requirement for suitable insula-tion), or they may comply with a harmonised European Standard.

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As a result of this choice, European Standards remain voluntary, although many manufacturers follow them because usually they are the easiest way to show sat-isfaction of the essential requirements. Because the regulatory system is identical, a product which is shown to meet the essential requirements (which can be done anywhere in the world), and which bears the CE marking to show this, also meets the essential requirements throughout the EEA, without the need for any further testing or assessment.

EU legislation usually introduces one or more attestation of conformity systems, i.e. who is involved in the process of determining conformity. The manufacturer is always involved, but one or more third parties may also be involved. Often a choice of different systems is given, but once the manufacturer chooses the system, that system applies to all aspects of product performance.

The construction industry, and the CPR, do not, however, work in the same way. First-ly, Member States regulate on construction works (buildings and civil engineering works), not on individual products. Secondly, the scope and extent of regulations vary from one country to another, and the following pictures show why:

These three typical house designs from around the EU show how different they are from each other, not only in design but also in the products used. The regulatory re-quirements might also differ from house to house. The house in the centre may have no thermal insulation (energy consumption) requirements on it at all; the houses on the left and right do have such requirements, but the house on the right may well have substantially higher insulation requirements than that on the left.

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No attempt is made, at European level, to harmonise the regulatory requirements on works throughout Member States. Instead, the CPR identified seven Basic Works Requirements (BWRs):

BWR1 - mechanical resistance and stability,

BWR2 - safety in case of fire,

BWR3 - hygiene, health and the environment,

BWR4 - safety and accessibility in use,

BWR5 - protection against noise,

BWR6 - energy economy and heat retention,

BWR7 - sustainable use of natural resources.

These BWRs form an ‘envelope’ within which Member States may regulate, and no Member State can regulate for works outside these BWRs (although they might reg-ulate for other reasons, such as worker safety). However, the BWRs do not oblige a Member to regulate nor do they require a Member State to regulate at the same level. So, for example, one Member State could have no fire safety regulations for buildings at all, another Member State could have fire safety regulations for public buildings but not for private buildings, a third Member might regulate for all build-ings, but require fire resistance of one hour for public building but only 30 minutes for private buildings.

As will be explained below, the regulatory requirements on construction works which exist lead to the need for product manufacturers to declare certain product perfor-mance characteristics. The CPR, in turn, covers how these characteristics are as-sessed and declared. This brings in the third key difference between the CPR and other EU legislation. When a harmonised European Standard exists for a particular product, the manufacturer is obliged to follow that standard – making standards compulsory rather than voluntary.

The CPR offers five different systems by which a product’s characteristics are deter-mined (‘Assessment and Verification of Constancy of Performance’ or ‘AVCP’ sys-tems), but it does not give any choice of which AVCP system to follow. The overall system is fixed in Commission decisions (Delegated Acts), and all manufacturers of the same product have to follow the same system. Nevertheless, as will be explained later in the guide, the AVCP system can change depending on which characteristics the manufacturer chooses to declare.

The CPR requires that all manufacturers draw up a Declaration of Performance (DoP), whereas most other EU legislation requires a Declaration of Conformity, but products still have to bear the CE marking. Here again there are differences. The CE

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marking on an electric product, for example, might be only the letters CE and the symbol that the product should be recycled instead of thrown away, which comes from the Waste Electrical and Electronic Equipment Directive:

The CE marking of a construction product will be more detailed than this, because each of the performance characteristics has to be declared, as the following exam-ple shows:

01234AnyCo Ltd, PO Box 21, Any Town14

01234-CPR-00234EN 12839:2012

80 mm mineral wool for use in buildings

Reaction to fire: Class A2-s1, d0, fully exposedThermal conductivity:0,04 W/mKFlexural tensile strength:NPD

One fi nal issue is that construction products are not generally intended directly for ‘consumers’, they are destined for ‘professional users’ (builders and construction companies). This is also true of some other products, such as medical devices and automatic weighing equipment. In essence, it means that the notion of “consumer safety” is not what the CPR assesses.

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II.3. The link between products and regulatory requirements on construction works

Usually, it is not possible to know, at the time that a construction product is placed on the market or offered for sale (i.e. the time at which the CE marking has to be applied), whether it is suitable for a particular end use or whether it will allow the regulatory requirements on the construction works to be satisfied. There is a link between the BWRs and performance characteristics of products:

Regulations on construction works7 Basic Works Requirements

(e.g. structural stability, fire, energy economy)

Regulatory provisions on construction productsProduct characteristics (essential characteristics)

(e.g. crushing strength, reaction to fire, thermal resistance)

For example, if a Member State regulates on BWR1, 2 and 6, expressed in general terms as:

• works shall be mechanically stable,

• works shall provide adequate fire safety,

• works shall use energy efficiently,

this could translate into to the following product characteristics:

• strength of product,

• reaction/resistance to fire of product,

• thermal conductivity of product.

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The following examples illustrate this well:

Example 1. Product A has a compressive strength value 20.5 N/mm2. Is it a suitable product?

Answer: Yes, where works requirements (design requirements) require ≤ 20.5 N/mm2 No, where works requirements require > 20.5 N/mm2

Example 2. UK Building Regulations require that roofs have U < 0.2 W/m2 K How thick does the thermal insulation need to be?

Answer: A simple steady-state calculation indicates that the insulation thick-ness, x, needs to be 107 mm.

A product of 100 mm would not satisfy the regulatory requirement, whereas two panels, each of 60 mm thickness, would.

Clay tiles

Underlay

Rafters and air spaceRigid urea foam

Bonded 12mm plasterboard

Ridge tile

Unknownvalue “X”

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Example 3. Cement Cement has no characteristics which link to the regulatory require-

ments on works, because it is always mixed with other products (sand, water) and is being used as mortar, screed, in ready-mixed concrete, in precast concrete products, etc. The ‘performance characteristics’ of ce-ment, therefore, are those which related to a particular type of cement, e.g. CEM II A-P.

There are some construction products which are, or are close to, construction works on which regulatory requirements exists – for example, kit buildings and precast concrete wall elements. One characteristic of a kit building is the U-value of its exter-nal envelope, while a characteristic of a precast concrete wall unit is its resistance to fire classification. Even in these cases, while the performance characteristics can be directly compared with regulatory requirements, the performance value must still be sufficient to allow the regulatory requirements to be met.

II.4. Some myths about the CE marking of construction products

Although the CE marking of construction products has existed since the early to mid-1990s, several common misunderstandings still exist. Specifically:

1) CE marking applies only to products for export. This is wrong, as the CE mark-ing is required even for products made and sold in the same Member State.

2) CE marking means “Fit for every purpose”. As has been shown above, the user/specifier of construction products needs to check that the products he buys and uses have the necessary performance levels to satisfy the regulatory re-quirements in the specific construction works in which they will be used.

3) CE marking is a conventional quality mark. In reality, the CE marking is not a mainstream mark of high quality, in the way that, for example, third party cer-tification of a product is. It is, instead, a presumption that the declared perfor-mance levels are correct. The level of performance of a product is a measure of its ‘quality’, however (higher performing products being better than lower performing ones), and the CE marking is a presumption for all products, from the lowest to the highest level of performance. The CE marking might better, therefore, be considered as a mark of a ‘defined level of quality’, where that level corresponds to the levels of performance declared for the product.

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4) CE marking means “Check everything”. This is not, of course, true. At the same time, it is important to understand that the CE marking is never a guarantee of performance, and a few products exist on the market which are either incor-rectly labelled or do not have the levels of performance declared of them. Mar-ket surveillance authorities are not permitted to systematically intervene to check or control all products coming onto their market (although they may, of course, intervene in case of doubt). However, if a user believes that a construc-tion product does not have the correct performance, he is under no obligation to buy or use it.

III Steps for manufacturers and importers

The following table shows the main stages which manufactures and importers seek-ing CE marking under the CPR should go through. These are the steps required for trade in or with the EEA, not necessarily the steps for a manufacturer trading nation-ally in or with non-EEA countries.

Stage Description

1.Identification of markets and regulatory requirements

CE marking represents a ‘passport’ for selling products into Europe and to other countries where it is recognised, but it does not guarantee that anyone will buy the product. Before making any attempt to obtain it, therefore, manufacturers must identify potential markets and verify that their products will meet market needs. If a market need is found, it needs to be assessed whether the CPR applies to the product (Section 1)

2. Applying regulatory requirement

The manufacturer needs to identify which hEN applies (or, in its absence, whether to follow the ETA route). He also needs to identify any other applicable legislation, e.g. REACH (Section 2)

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3. Preparatory work

Possibly the most important and time-consuming of the tasks. The manufacturer must prepare technical documentation. He must also identify which AVCP system to apply and, if necessary, identify a suitable notified body or bodies (Section 3)

4. Applying the standard

All products to be CE marked require assessing, and the man-ufacturer has to operate a Factory Production Control (FPC) system. Applying the standard may involve testing by a notified test laboratory, certification of the FPC system or certification of the product. The manufacturer may be able to benefit from one or more simplified procedures (Section 4)

5. Declaration of Performance (DoP) and CE marking

Having applied the standard, the manufacturer has to draw up and supply the DoP and prepare and affix the CE marking (Sec-tion 5)

6. Maintaining performance

The CE marking applies to a product defined by its design, its components, its production system, its production control sys-tem and the hEN which was applied. Any changes to one or more of these, which may have an effect on the declared performance, may require re-testing or re-assessment (Section 6)

7. Dealing with market surveillance

A manufacturer may have to deal with requests from market surveillance authorities or customs. A manufacturer may, also, wish to report dangerous products or unfair marketing practices to market surveillance authorities (Section 7)

Each of these steps, together with other provisions of the CPR, are explained in more detail in the following sections.

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SECTION 1 – STEP 1: MARKET IDENTIFICATION

1.1. The suitability of a product for a particular market

The CE marking means that countries must presume that products have the per-formance values declared and must not refuse these products access to national markets. For all construction products (see below) placed on the EEA market, CE marking is compulsory. However, the CPR does not seek to change or set the nation-al regulatory requirements on construction works; these remain the responsibility of the country concerned. It cannot therefore be assumed that all CE marked products can be used in all works.

Any manufacturer who takes the trouble and goes through the procedure for ob-taining the CE marking has the right to expect that his product is accepted in those Member States of the EEA to which the product is exported, or is accepted in any other country which has implemented the regulation in such a way as to accept CE marking. However, while the marking is the ‘passport’ for exporting products, there are other factors which manufacturers need to consider before making the decision to export. These include the associated production costs and whether the product is already in plentiful supply as well as the cost versus performance level.

Western Balkan manufacturers need first to prepare themselves and then to follow exactly the same stages, explained in the Guide, as an EEA based manufacturer has to follow. There may be advantages for such manufacturers to start working, as far as is practical, to EEA levels even if they do not intend to obtain the CE marking. They are advised, however, not to proceed to CE marking until they are certain that they will be able to compete, both on quality and price, with competing products if they wish to export to the EEA.

1.2. Which products are covered by the CPR and which are not?

If a manufacturer identifies that a market for his product exists, he must then identify whether his product is and can be covered by the CPR. CPR Article 1.2 defines a ‘con-struction product’ as “any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works”. A ‘kit’ means a construction product placed on the market by a single manufacturer as a set of at least two separate components that need to be put together to be incorporated in the construction works.

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Taken together, these definitions mean that the CPR is relevant only to those products for which one or more of the Basic Works Requirements (BWRs, see above) applies. This effectively means that the CPR applies only to those products which are subject to one or more regulatory requirements in at least one Member State.

These definitions, however, require further explanation in order to fully understand why some products are included under the CPR and others are not. The first point which needs expansion is “in a permanent manner”. There are many products which are not incorporated in a permanent manner in a construction works, in that if the works are changed, these products may be replaced or removed. The definition of “in a permanent manner” is, therefore, better understood as meaning that while a product is present in the works, it plays a role in satisfying one or more of the BWRs.

Equally, there are some products which are incorporated every bit as much in a per-manent manner as some of the examples given above but they do not fall under the CPR: industrial plant, electric lighting and other electrical equipment, fitted kitchen units, gas fired central heating boilers and paint. There are several reasons why, even though they meet the definitions for being construction products, these are not con-sidered (or, at least, not currently) to come under the CPR, for example:

• “regulatory requirements" are considered to be “construction regulations” rath-er than other regulations. Industrial plant and electrical equipment are often covered by other regulatory requirements than construction regulations;

• “in a permanent manner” (in addition to the condition above) relates to the abil-ity of the construction works itself to meet construction regulations. Most if not all industrial plant could be removed from a building and possibly replaced by other plant but this would have no effect on whether the building itself con-tinues to meet the regulations on it;

• products are covered, usually more specifically, by other directives, for exam-ple the Lifts, Gas Appliances and Low Voltage Directives.

Although it is helpful to understand these principles (especially if a manufacturer wants CE marking but is currently not able to acquire it), ultimately there are only two conditions for whether a product can obtain the CE marking according to the CPR:

• Is there a harmonised European Standard (hEN) covering the product?

• If there is no hEN, or the hEN does not cover, or does not cover appropriately, all the essential characteristics, does the manufacturer wish to apply for a Eu-ropean Technical Assessment (ETA) and is this application accepted by the Technical Assessment Body?

Electrical & Electronic Equipment

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If the answer to both of these questions is “No”, then the product in question cannot (at least for the time being) be considered a “construction product” within the defi -nitions of the CPR and cannot, therefore, obtain the CE marking. If there is an hEN, though, the CPR requires that products be assessed according to the standard and that the manufacturer uses the CE marking. However, the use of ETAs within the EEA remains voluntary.

In addition to the products mentioned above, two very important construction prod-ucts are excluded from CE marking: ready-mixed concrete and reinforcing steel for concrete. Although there are European Standards for these, EN 206 and EN 10080, they are not harmonised standards and do not, therefore, support CE marking. EN 10080 was a harmonised standard from 2005 until 2006, but was then withdrawn as a result of objections about its treatment of certain special steels. Both standards remain as voluntary documents.

The following fl owchart shows, in somewhat simplifi ed form, the procedure for de-ciding whether a product falls under the scope of the CPR and, if so, what the man-ufacturer has to do.

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NoNo

No

Yes

Yes

End

End

Manufacturer applies hEN (PTD + FPC)

Manufacturer applies ETA (FPC)

CE marking

Constructionproduct?

Manufacturer seeks ETA?hEN available?

Possible notified bodyparty intervention

TAB prepares ETA

Yes

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1.3. Exemptions from the provisions of the regulation

Some construction products, even when there is an hEN, may be exempt from the obligation of drawing up a DoP and of using the CE marking (although the manufac-turer may still choose to do so). These are:

(a) products which are individually manufactured or custom-made in a non-se-ries process in response to a specific order, and installed in a single identi-fied construction work, by the product manufacturer;

(b) products manufactured on the construction site for its incorporation in the respective construction works;

(b) products manufactured in a traditional manner or in a manner appropriate to heritage conservation and in a non-industrial process for renovating con-struction works of special architectural or historic merit.

These exemptions (and the limitations on applying them) are discussed in more detail in Section 4.3 below. Although such products are exempt from the CPR, CE marking and drawing up a DoP, they must still comply with whatever regulatory re-quirements exists where they are to be used.

SECTION 2 – STEP 2: APPLYING REGULATORY REQUIREMENTS

2.1. Identifying the relevant harmonised European Standard

2.1.1. Introduction

The CPR identifies two types of technical specification that can be used to obtain the CE marking. Therefore, they are also the only ways by which the performance of a product can be determined and declared. Harmonised European Standards (hENs), of which there are about 500, cover the majority of products, while European Techni-cal Assessments (ETAs; see below), deal with products outside the scope of hENs. To achieve consistency, former national standards and national approvals have been replaced by ENs and ETAs and this means that all products are assessed using the same technical specification.

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An EN is a voluntary document so is not itself a regulatory requirement. ENs are developed in response to mandates and are then offered to the Commission for consideration as hENs. hENs are standards developed in response to a mandate (or standardization request) from the European Commission. If the Commission accepts the standard, a reference to it is published on the Official Journal of the European Union (OJEU). It is this publication which converts a voluntary EN into a mandatory hEN under the CPR, and, when the Date of Withdrawal shown in the OJEU is reached, all manufacturers in the EEA must apply it. Most construction product standards are prepared by CEN (European Committee for Standardization), the sec-retariat of which is based in Brussels. The vast majority of ENs are either product standards or test method standards.

2.1.2. Product standards

Product standards are divided into two types: harmonised (which means “supports the CPR and leads to CE marking”) and non-harmonised. To obtain the CE marking according to the CPR, a manufacturer has to comply with a harmonised Europe-an product standard, if it exists. Non-harmonised product standards are standards which cover products or materials but do not lead to CE marking.

The basic content of most harmonised product standards is as follows:

• Scope

• Normative references

• Product characteristics [covering both essential and non-essential character-istics],

• Assessment methods

• Assessment and Verification of Constancy of Performance

• Marking and labelling (see Note 1 below)

• Annex ZA: Relationship of this European Standard with Regulation (EU) No. 305/2011

Product standards (and many other standards as well) contain several different types of requirement, whose nature depends on the verb used to introduce them:

• normative requirements introduced by “shall” (“The mechanical strength shall be evaluated according to 4.3”). Such provisions must be followed in order to comply with the standard;

29.


• normative requirements if applicable, introduced by “If … then shall” (“If the product is intended to be exposed to freeze/thaw cycles, mass loss shall be assessed by testing to EN 1234”). These provisions only need to be followed if the “If” condition is satisfied;

• normative requirements but with a choice, introduced by “shall be by X or Y” (“Slip resistance shall be assessed by Method 1 or Method 2”). Here the word “or” provides the choice, but whichever option is taken must be followed nor-matively (see Note 1 below);

• informative requirements introduced by “should” (“The product should be stored in a temperature-controlled environment”). These provisions are recom-mendations but do not have to be followed;

• permission, “may”, remaining optional, and possibility (rarely used in stan-dards), “can”.

All essential characteristics of the CPR have to be covered as normative require-ments.

Note 1: At the time of writing this Guide, many hENs are ‘old’ standards developed under the former Construction Products Directive (CPD). CPD standards were writ-ten in a somewhat different way than the Commission now requires for CPR hENs. For example, the “Product characteristics” clause in CPD standards is usually called “Requirements”, and Initial Type Testing (ITT) is used instead of Product-type de-termination. CPD standards remain valid for CE marking under the CPR, although manufacturers have to apply them according to the new CPR provisions (explained below). Until this situation is clarified, manufacturers should follow the standards published in the OJEU, with one important understanding, especially if using an hEN for trade outside of the EEA:

When a manufacturer indicates a dated standard reference number in his DoP or with the CE marking, this indicates that the product performance is assessed only regarding the essential characteristics as identified in Annex ZA. If he gives the stan-dard’s reference number outside of the DoP or CE marking (e.g. in his commercial documents), he claims that this product meets all normative provisions of the stan-dard.

The Scope of a product standard defines exactly which products are covered by that standard and, in some cases, which products are not covered. When deciding on which standard to apply, manufacturers must first check the Scope to ensure that the standard covers their particular product. The “Product characteristics” and “As-sessment methods” clauses of standards are usually self-explanatory.

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Of most relevance for manufacturers is the content of Annex ZA. Annex ZA is, in standardization terms, considered voluntary (informative) but, for the purposes of compliance with the CPR, its provisions must be followed. Annex ZA generally con-sists of three separate clauses:

ZA.1 identifies those clauses in the body of the standard which cover essential (har-monised) characteristics, i.e. those against which a declaration (performance or “no performance determined”) must be given. One, some or all of the characteristics given in the normative body of the standard may be essential and need declaring, although those needing a performance value (as opposed to NPD) may depend on the product and possibly its intended use, but the manufacturer needs only to com-ply with the harmonised characteristics to comply with the CPR; he does not need to assess any voluntary characteristics (i.e. characteristics not called up by ZA.1, not included in the DoP and not covered by the CE marking);

ZA.2 gives the assessment and verification of constancy of performance (AVCP) system(s) which must be followed for CE marking, while ZA.3 gives more details on AVCP tasks, such as where some characteristics require product type determination testing by a third party while other characteristics are tested by the manufacturer (see below).

Some old CPD standards contain the clause ZA.3, “CE marking”, and may contain sub-clauses covering the certificate of conformity and/or declaration of conformi-ty. A few standards may also contain instructions on how to draw up the DoP. The certificate and declaration are old CPD provisions and so must be ignored and the requirements for the DoP may not be fully up to date. Specific instructions for the manufacturer when applying an hEN under the CPR are described in Section 4 of this Guide.

2.1.3. Finding the relevant product standards

The list of hENs is available from the Commission’s CPR website.

From this general website, a searchable list of hENs is obtained by clicking the link under “Publications in the Official Journal”.

hENs are listed in numerical order and, if the list is saved as a pdf file, it can be searched using one or more key words to identify the likely hEN for any particular product. While the title of an hEN will generally be a good indication of whether the standard covers a particular product, it is worth manufacturers checking the Scope of the standard, which can usually be found on the webpage of a CEN Member Body.Scopes should also be available on the websites of Western Balkans National Stan-dardization Organisations.

https://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/construction-products_en

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2.2. The European Technical Assessment route

Most of this Guide is written in terms of European Standards, because these cover the vast majority of products. However, there is another way in which manufacturers may obtain the CE marking for their products, which is via European Technical As-sessments (ETAs), based on European Assessment Documents (EADs). EADs are considered as technical specifications under the CPR and are one mechanism by which a manufacturer can obtain CE marking for a construction product, typically (but not uniquely) for innovative and new products for which an hEN does not exist.

An EAD is a document setting out the essential characteristics of the product, to-gether with AVCP, DoP and CE marking requirements. It is written by a Technical Assessment Body (TAB) in response to a request from an individual manufacturer. So, while an hEN covers all manufacturers of products covered by the standard, an EAD is, in principle, a specification for the products of a particular manufacturer.

All TABs work within the framework of EOTA (the European Organisation for Tech-nical Assessment) and are recognised as competent by the country in which they work, as well as in all other countries. When a TAB has written the draft EAD, it is submitted for consultation by other TABs, before being used to develop an ETA for the manufacturer.

There are two exceptions to the manufacturer-specific principle, however. Under the CPD, European Technical Approval Guidelines (ETAGs) were written, which cover a range of products in a similar way to the scope of an hEN. These ETAGs may be and are being, once they have been updated to recognise CPR principles, used under the CPR so, in this case, the ETAG-based EAD is not manufacturer-specific. Secondly, when a TAB receives a request for an EAD, it will first look to see whether an EAD for a similar product already exists which can be applied or modified to apply to the new product.

An EAD may be developed when any of the following conditions apply:

• the product is not within the scope of any existing hEN,

• the assessment method in the hEN for at least one essential characteristic is inappropriate,

• the hEN does not provide an assessment method for at least one essential characteristic.

The issuing of an ETA requires that the product is subject to an assessment by the TAB and then an AVCP procedure (see below), although assessment results from the TAB can be used to satisfy the PTD requirements of the AVCP procedure.

33.


A construction product with an ETA and satisfying the AVCP requirements must have a DoP drawn up for it by the manufacturer and carry the CE marking. It can then be placed on the market in any EEA country, and should benefit from the same presumption of correctness of performance as products bearing the CE marking according to a harmonised European Standard. Because of the need to draft the EAD, however, and the assessment work which has to be done by the TAB, the ETA route to CE marking is nearly always more expensive than the hEN route. Manufac-turers do not pay the full cost of developing the EAD, but the higher costs arise in part because of this and in part because of the work done by the TAB in assessing the product.

When one manufacturer has requested and received an ETA, and thereby CE mark-ing, this does not oblige other manufacturers of the same product to also apply for an ETA. Although manufacturers must apply a relevant hEN once it is published, the use of EADs remains optional. Whether a manufacturer should seek an ETA, there-fore, remains mainly a commercial decision. While the ETA route is available for all manufacturers, wherever they are based, it is not considered further in this Guide due to its prohibitively expensive nature, which may be challenging for most West-ern Balkans manufacturers. Should a Western Balkans manufacturer desire an ETA, however, it should contact a TAB based in the EU.

2.3. Basic Works Requirement 7 and other applicable legislation

2.3.1. Basic Works Requirement 7

The regulatory requirements on BWR 7, in those Member States which regulate at all, are limited to Product Category Rules (PCRs) – a type of Environmental Perfor-mance Declaration (EPD). PCRs are derived by applying the standard EN 15804. No hENs currently cover BWR 7, so manufacturers selling products in countries which require them need to do this outside of the CE marking. As mandates to CEN are updated (a process underway at the time of writing), BWR 7 will be included in them, which will require CEN to revise hENs to include it.

2.3.2. Dangerous substances

Many construction products are subject to regulatory requirements on dangerous substances. The CPR covers the possible release of such substances to indoor or

https://www.eota.eu/en-GB/content/how-to-find-a-tab/55/

34.


outdoor air, in particular volatile organic compounds (VOCs), the release of sub-stances to ground water and drinking water, and the possible release of radioactiv-ity, but these requirements have not yet been included into many hENs. In addition, many products are also subject to the REACH Regulation, as well as other European or national regulatory requirements on dangerous substances.

The treatment of dangerous substances in hENs is currently proving difficult. Many existing hENs (from the old CPD), cover them by the general statement that manu-facturers should comply with any regulations not specifically included in the hEN, but without saying how they might do this. This statement is no longer accepted by the European Commission in CPR standards, however. At the time of writing this guide, there is no agreed way in which dangerous substances should be treated.

CEN recommends that release into indoor and outdoor air is tested by the standard EN 16516, and release to ground water by two Technical Specifications, TS 16637-2 and TS 16637-3. These methods are expensive, however (EN 16516 for example, costs €2 000 to €3 000 per test), while not all CEN Technical Committees accept the use of the two TSs. There is, currently, no test method for radioactivity, either. A fur-ther suggestion is that hENs do not include the treatment of dangerous substances release at all.

If hENs do not cover either the release of dangerous substance or their content (many substances, such as asbestos, as controlled by content rather than by re-lease), it does not mean that manufacturers are exempt from meeting the relevant regulatory requirements. In addition, the absence of a dangerous substances clause might oblige Member States to regulate nationally, the very thing which the CPR and the CPD before it have been trying to avoid.

In many cases, most dangerous substances can be dealt with by a common-sense approach. Clay bricks, for example, do not contain asbestos and nor do they release VOCs, so they need no assessment of these two dangerous substances. A product manufacturer following the REACH Regulation and obtaining and using Safety Data Sheets from suppliers of raw materials and components in respect of dangerous substances and chemicals, will most likely have satisfied most, if not all, relevant regulatory requirements. It is beyond the scope of this guide to cover the application of the REACH Regulation, but guidance exists on the internet at, for example:

REACH

or

ECHA

http://ec.europa.eu/environment/chemicals/reach/reach_en.htmhttps://echa.europa.eu/regulations/reach/legislation

35.


Until this situation becomes clearer, it is suggested that manufacturers follow any relevant provisions given in hENs, as well as following the requirements of the REACH Regulation, and should be aware of the possible existence of other European or national regulatory requirements.

2.3.3. Electrical, electronic, mechanical and other products

Some electrically powered construction products (such as powered doors and win-dows) are subject to the requirements of the EU’s Machinery Directive, 2006/42/EU and the EU’s Electromagnetic Compatibility Directive, 2014/30/EU. In the case of powered doors and windows, there are specific annexes, Annex ZB and Annex ZC, which cover the requirements of these two directives.

There may be other powered or electronic construction products which are subject to the above and/or other regulatory requirements, such as the EU’s Low Voltage Directive, 2014/35/EU or the EU’s Ecodesign Directive, EU/2009/125 but where the requirements are not included in the hENs under the CPR. In case of doubt about whether other legislation applies to his product, the manufacturer should seek ad-vice or perform his own investigations. For all other applicable legislation, the man-ufacturer has to satisfy this.

Where other legislation also requires CE marking, there is only one CE marking sym-bol used, and this symbol is a presumption that the product meets all relevant CE marking legislation.

2.4. Responsibilities of different actors

2.4.1. Introduction

There are several main actors involved in the implementation of the CPR. These can be listed as:

• manufacturers, and other organisations acting as ‘manufacturer’

• other economic operators: importers and distributors

• notified bodies and other conformity assessment bodies (CABs)

• Member States/market surveillance authorities

• technical specification writers

• purchasers/users/specifiers of products

Many responsibilities of these actors are described elsewhere in this guide and in the CPR itself. The table in 2.4.3 shows, in a simplifi ed form, the responsibilities and actions of each of them.

2.4.2. Organisations acting as ‘manufacturer’

An importer or distributor who places a product on the EU market under his own name or trademark, is considered as a ‘manufacturer’ in the meaning of the CPR. An importer or distributor who modifi es an existing construction product in a way which means that the performance declared in the DoP of the original manufac-turer might be affected, is also considered as a ‘manufacturer’. As manufacturers, these organisations take on all the responsibilities of the CPR, namely AVCP tasks to demonstrate that an hEN has been applied, holding test or assessment results, and an FPC certifi cate if relevant, and holding a product certifi cate in his own name if this is required.

This can be a complicated situation and no attempt is made, here, to cover all pos-sibilities. The fi rst involves the manufacturer concluding a contract with the original producer of the product, which obliges the producer to perform factory production control (FPC) and which allows the manufacturer to make use of the producer’s prod-uct-type assessment reports (without having to repeat product-type assessments) and FPC certifi cate (if relevant). A product certifi cate (products under AVCP System 1+ or 1) and the DoP cannot, however, be transferred from producer to manufacturer, and the manufacturer must contact a notifi ed product certifi cation body to obtain a new certifi cate in his own name and draw up a DoP.

An importer or distributor who becomes a manufacturer for one product does not become the manufacturer for other products if he does not sell them in his own name. The manufacturer must always be able to supply documentation related to the performance of the products he sells, to market surveillance authorities and oth-ers, including purchasers/users in the supply chain. Whether a change to a product is likely to affect the performance values declared in the DoP is a technical matter which can be addressed on a case-by-case basis. Re-batching or cutting products to size do not usually change the performance.

2.4.3. Responsibilities and actions of CPR actors

The following table summarises the responsibilities of different actors in the produc-tion, importation, distribution, control (market surveillance) and use of construction products. Controls on the correct use of products (e.g. design and building control) do not appear, because these are outside the remit of the CPR.Responsibilities and actions of CPR actors

36.


RESPONSIBILITIES AND ACTIONS OF CPR ACTORS

Actor Responsibilities Actions Notes

ManufacturersAVCP of productsDoP and CE marking

Ensures that AVCP tasks are performedOperates on-going FPCDraws up DoP and CE markingProvides instructions and safety information, where relevant

Manufacturers must monitor any changes, e.g. to the product or the hEN, which might affect declared performance

Importers and distributors

To place only compliant products on the market To ensure the products have a DoP, other information and are CE marked

To verify that AVCP tasks have been performed and that information/marking is correct To not sell products in case of doubt

The importer puts his name on the product, packaging or documentation.

Notified bodies (NB)

Other CABs

AVCP

AVCP

Testing or certification, depending on AVCP system

Testing or inspection, on behalf of the manufacturer or other CAB

Manufacturer has responsibility for performance Manufacturer may use 3rd party labs

Member State

National regulations on construction worksImplementation of the CPREnforcement (through market surveillance)Removal of technical barriers to trade

Establishes regulations, sets limits, reviews and maintainsSee market surveillance belowGives presumption of performance to CE marked products

CPR does not change Member States’ regulations

Market surveillance authorities

Checking of products on the marketEnforcement

Check CE marking and declaration, maybe test product

Applies only once products are on the market

Technical specification writers (CEN, EOTA) National standards body

Production/maintenance of ENs, hENs, EADs and ETAs

Adoption of hENs and ENs

Drafting (by external experts), approval and distribution to NSBs (ENs) National mirror committees to CEN

Conflicting specifications must be withdrawn

Conflicting national standards must be withdrawn

Users of products Correct selection of products, installation, etc.Must understand DoP and CE marking information

Manufacturer not responsible for incorrect selection or installation of products

37.

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SECTION 3 – STEP 3: PREPARATORY WORK

3.1. Preparing the technical file

CPR Article 11.1 requires the manufacturer to draw up technical documentation de-scribing all the relevant elements related to the required system of AVCP but, unlike some other EU legislation, the CPR does not give guidance on what this technical documentation should contain. Whether it is called a ‘technical file’ or something else, it is nonetheless useful for manufacturers to prepare documentation which is all held together. This documentation can then be submitted to any notified body involved in the AVCP system (see below).

Once the initial AVCP tasks have been completed, the technical file can be com-pleted with the inclusion of test and assessment reports, FPC certificate or product certificate (if appropriate) and, therefore, it is a useful document to supply to market surveillance authorities or importers, if requested to do so.

By describing all aspects of the product and the production control system, the hEN applied and so on, the technical file also helps manufacturers to identify when some-thing changes, which might require re-assessment of the product. This is covered in Section 6.

A typical technical file should contain the following information:

• Description of product or products

• Article numbers, variants, families, as relevant

• Description of materials and components in the products

• Method of production

• Quality management (Factory Production Control) system

• Test and assessment reports, other documentary proof

• Product certificate or FPC certificate

• Declaration of Performance and CE marking

The description of products and article numbers, variants, etc. sections should cover all the products (if there is more than one) which the technical file covers. It should contain sufficient detail to be able to uniquely identify the product. If variants or families are being used (see Section 4), i.e. one test result used to cover more than one similar product, it is good for these to be mentioned in any test reports or cer-

39.


tificates, because then there is no doubt that they are covered. If the product is a fabricated one (e.g. wall partition or a window), drawings may be included.

The description of materials and components should include full specifications and the name of the supplier or suppliers. This is particularly important if changing from one supplier to another (even if the specification remains the same) could change the declared performance. The method of production section and the Factory Pro-duction Control section do not need to describe every stage, but they should identify key stages which influence the product’s performance.

If the manufacturer relies on Safety Data Sheets to deal with dangerous substanc-es, or other documents to demonstrate the performance of raw materials or com-ponents, these should be included in the section containing test and assessment reports. The Technical File is completed once the AVCP tasks have been completed and reports and certificates (if necessary) are obtained. For AVCP system 1+ and 1 products, the DoP and CE marking, once drafted, will need to be seen by the product certification body.

3.2. Identifying the Assessment and Verification of Constancy of Performance system(s)

3.2.1. Introduction

All hENs, in ZA.2, contain information on the AVCP system or systems to be applied to the product, and this is expanded in ZA.3 (ZA.2.2 in older hENs) which describes how these systems work. The CPR provides for four main AVCP systems, with the system chosen based on the importance of the role played by the product in the con-struction work, and the stability of the product and the product process. Structural and fire-related products tend to have the highest system. These systems are:

• System 1: product certification (System 1+ including audit testing).

• System 2+: certification of FPC based on initial and on-going assessment.

• System 3: product-type determination by a notified test laboratory.

• System 4: declaration of performance by the manufacturer.

The AVCP system does not improve the performance levels of the product; it only im-proves the confidence which can be placed in the declared performance. In addition, in no case is the AVCP process an ‘authorisation’ to place the product on the market. A manufacturer cannot place products on the market without test reports or certifi-cates, but these documents only indicate that at a particular moment in time, or for a

40.


particular test sample, the product had the performance to be declared and that the FPC system was adequate. It is always the responsibility of the manufacturer alone to ensure that the products he places on the market have the correct performance levels, and that he continues to operate his FPC system correctly.

In fact, AVCP systems are generally allocated to specific intended end uses of prod-ucts, i.e. to certain essential characteristics, rather than to the product itself. For reaction to fire, the AVCP system depends on the performance classification of the product. AVCP is, therefore, often a cumulative process. A product under AVCP Sys-tem 1+ or 1 will have one or more characteristics tested by the notified product certi-fication body, while other characteristics might be tested by a notified test laboratory and some by the manufacturer himself. The certification body takes responsibility for ensuring that all tasks are done, but does not have to perform them all himself.

Similar principles apply to System 2+ and 3. While the notified certification body as-sesses the manufacturer’s FPC system, some essential characteristics may require testing by a notified test laboratory under the responsibility of the manufacturer and some by the manufacturer himself. Under System 3, some characteristics have to be tested by a notified laboratory, and others by the manufacturer.

If the manufacturer does not have his own test equipment for characteristics under AVCP System 4, he is allowed to use a third party test laboratory of his choosing, provided that it is technically competent. A notified body is not permitted to perform System 4 testing and, even if the body is notified for some other tests, when it under-takes System 4 testing, the test report cannot contain any reference to the laboratory being notified.

The above description of the tasks of each AVCP system is summed up in the follow-ing table. In case of any doubt, the details of which system(s) applies can be found in standardization mandates, which can be found at standardisation mandates.

http://ec.europa.eu/growth/tools-databases/mandates/index.cfm;jsessionid=DC44C63A832C8BBA62E76514CFEBA51F.cfusion22204?fuseaction=refSearch.main&CFID=15470762&CFTOKEN=3d7b86fdff282b5f-1E259D3B-C7CA-B56C-C6C203612B4B281D

41.


TASKS UNDER EACH AVCP SYSTEM

Assessment and Verification of Constancy of Performance system 1+ 1 2+ 3 4

Tasks under the responsibility of the manufacturer

Factory production control (FPC)

Further testing of samples taken at the factory

Product type determination by the manufacturer

–

–

Tasks for the notified body

Certification of constancy of performance

Initial inspection of FPC

Certification of FPC

Surveillance of FPC

Product type determination by the product certification body

Audit testing of samples before placing on the market

Product type determination by a notified test laboratory

– –

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

= Task always required

= Task possibly required

– = Task not required

42.


3.2.2. The AVCP systems in detail

Many existing standards start with an overall presentation of the AVCP systems, fol-lowed by one or more tables for each specific AVCP system which identify the tasks for different parties. Recent guidance from CEN suggests that the first table should no longer be included. An example is given here, however, because such tables cur-rently figure in so many hENs.

The following table is taken from prEN 16153:2013, Light transmitting flat multiwall polycarbonate (PC) sheets for internal and external use in roofs, walls and ceilings – Requirements and test methods.

Table ZA.2 – Systems of AVCP

Products Intended uses Level(s) or class(es)AVCP

systems

Flat and profile sheets

As roof coverings subject to reaction to fire regulations

A1*, A2*, B* and C*

A1**, A2**, B**, C**, D and E

(A1 to E)***, F

1

3

4

As roof coverings subject to external fire performance regulations

Products requiring testing

Products ‘deemed to satisfy’ without testing

3

4

As roof coverings subject to regulations on dangerous substances

– 4

As roof covering for all other uses

– 4

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Panels

As external finishes in ceilings subject to reaction to fire regulations

A1*, A2*, B* and C*

A1**, A2**, B**, C**, D and E

(A1 to E)***, F

1

3

4

As internal or external finishes in walls or ceilings subject to regulations on dangerous substances

– 3

* Products/materials for which a clearly identifiable stage in the production process results in an improvement of the reaction to fire classification (e.g. an addition of fire retardants or a limiting of organic material). Fire retardant products are under conformity system 1.

** Products for which there is no clearly identifiable stage in the production process which results in an improvement of the reaction to fire classification (e.g. an addition of fire retardant or limiting of organic material).

*** Products/materials that do not require testing for reaction to fire (e.g. products/materials of Class A1 according to Commission Decision 96/603/EC).

System 1: See Regulation (EU) No. 305/2011 (CPR) Annex V, 1.2.



This shows a typical situation where there are different AVCP systems depending, first, on the level of reaction to fire performance and, second, on the intended end use (and therefore characteristics declared) of the product. If the product achieves reaction to fire Class A1 to C as a result of the addition of fire retardants or other ac-tive limitation of organic content, the overall AVCP system will be System 1, meaning the intervention of a notified product certification body who tests reaction to fire and takes responsibility for ensuring that all other tasks are performed. This certification body will assess the manufacturer’s FPC system.

Within the overall AVCP System 1, two other characteristics fall under AVCP Sys-tem 3: external fi re performance and dangerous substances for products used in walls and ceilings. If the manufacturer wishes to declare these two characteristics, they would require testing by a notifi ed test laboratory. All other characteristics (the standard includes many other essential characteristics, for example water vapour permeability, impact resistance and radiation properties) fall under AVCP System 4, meaning that they are assessed by the manufacturer himself or by a non-notifi ed 3rd party test laboratory. Once all assessment reports are available, the product certifi -cation body evaluates them, together with the reaction to fi re performance and FPC evaluation report, to decide whether to issue a product certifi cate.

In all other cases, the highest AVCP system is System 3 (reaction to fi re as shown by footnote **, testing for external fi re performance and/or dangerous substances for walls and ceilings). In this case, there is no notifi ed product certifi cation body involved, and no notifi ed body assessment of FPC. Instead, the manufacturer has tests of one or more of these three characteristics done by a notifi ed test laboratory, and any other essential characteristics he intends to declare are tested by the man-ufacturer himself or a third party laboratory.

If none of the characteristics to be declared bring the product into AVCP System 3, the product would fall within AVCP System 4 and all declared characteristics would be tested by the manufacturer himself or under his responsibility. In both Systems 3 and 4, the manufacturer must operate an FPC system, but without notifi ed body assessment. The same logic may be used to read an AVCP table which combines AVCP System 2+, notifi ed body certifi cation of the FPC system, with characteristics assessed either under System 3 or System 4, and for a table where only Systems 3 and 4 apply.

Whatever appears in an hEN in respect of AVCP does not replace the legal responsi-bility on manufacturers to apply the AVCP system or systems as described in a Com-mission Decision or Delegated Act. Mistakes in hENs are rare but do, sometimes, happen. It is also perhaps surprising (although actually correct) that dangerous sub-stances for roofi ng products are assessed under AVCP System 4 whereas those for walls and ceilings require System 3.

A complaint frequently heard about AVCP is that a disreputable manufacturer could choose to declare only one characteristic and opt for the cheapest one to test. He would then benefi t from the CE marking but at a much reduced cost. This might be

44.


45.

true in theory but is unlikely to be true in practice. If a user of a product were to buy a product with only one or a few characteristics declared, and use it for end uses where other characteristics are required, he would not be respecting the regulatory requirements for that end use. Such products might be allowed onto the market with the CE marking, but the manufacturer will soon find that no one buys them.

What is true, however, is that products which appear to be identical can be on sale, for example, in a builder’s merchant, but with different sets of declared characteris-tics. In such cases, the purchaser of the products must ensure that he selects only among those products which meet his requirements.

When the table above appears in an hEN, and in hENs where it does not appear, there are further tables which describe each applicable AVCP system in more detail. The three following tables are taken from prEN 14449:2017, Glass in building – Laminated glass and laminated safety glass – Product standard, by way of example. These glass products also follow the AVCP 1, 3 and 4 combination but for different reasons. In this case it is resistance to fire, bullet resistance and explosion resistance which, if declared, put the product into AVCP System 1.

Table ZA.3.1 — Assignment of AVCP tasks for laminated glass/laminated safety glass under system 1

Tasks Content of the task AVCP clauses to apply

Tasks for the manufacturer


Parameters related to all essential characteristics of Table ZA.1 relevant for the intended uses which are declared

5.3 and Annex AFurther testing of

samples taken at the manufacturing plant by the manufacturer in accordance with the prescribed test plan

All essential characteristics of Table ZA.1 relevant for the intended uses which are declared

Tasks for the notifi ed product certifi cation body

An assessment of the performance of the construction product carried out on the basis of testing (including sampling), calculation, tabulated values or descriptive documentation of the product

Essential characteristics relevant for the intended use which are declared, namely:

- Resistance to fi re

- Anti-bullet

- Anti-explosion

- Durability /conformity of the product declaring at least one of the characteristics above

5.2

Initial inspection of manufacturing plant and of FPC

Parameters related to the following characteristics of Table ZA.1 relevant for the intended use which are declared, namely:

- Resistance to fi re

- Anti-bullet

- Anti-explosion

Documentation of FPC.

5.4

Continuing surveillance, assessment and evaluation of FPC

Parameters related to the following characteristics of Table ZA.1 relevant for the intended use which are declared, namely:

- Resistance to fi re,

- Anti-bullet

- Anti-explosion

Documentation of FPC

5.5


46.

This table is perhaps easier to understand than the more general AVCP system shown earlier. It can be clearly seen which characteristics are tested by or under the direct responsibility of the notifi ed product certifi cation body. But, although all other characteristics fall under the responsibility of the manufacturer (meaning AVCP Sys-tem 3 or 4), this cannot be seen from this table. It has to be derived from reading the two following tables.

47.


48.


Tasks Content of the taskAVCP clauses to apply




5.3 and Annex A

Tasks for a notified laboratory

The notified laboratory shall assess the performance on the basis of testing (based on sampling carried out by the manufacturer), calculation, tabulated values or descriptive documentation of the construction product.

Essential characteristics relevant for the intended use which are declared, namely:

- Reaction to fireb

- External fire performancea

- Burglar resistance

- Pendulum body impact resistance

- Direct airborne sound insulation

- Thermal properties

- Radiation properties:

- light transmittance and reflection

- solar energy characteristics

- Durability of the product

5.2

a) For products requiring testing.

b) For Euroclasses A1, A2, B, C, D, E, under system 3.



49.


50.



Tasks Content of the taskAVCP clauses to apply


An assessment of the performance of the construction product on the basis of testing, calculation, tabulated values or descriptive documentation of that product

All essential characteristics of Table ZA.1 except those listed in Tables ZA.3.1 and ZA.3.2

Durability of characteristics under AVCP System 4

5.2



5.3 and Annex A


51.

Table ZA.3.2 above indicates which characteristics come under AVCP System 3, and these same characteristics are also under System 3 for products which come within System 1 according to Table ZA.3.1. It follows from this that the only characteristics which fall under AVCP System 4 are those which are not tested by the certifi cation body (Table ZA.3.1) or by the notifi ed test laboratory (Table ZA.3.2). Note that re-action to fi re is not included as an AVCP System 1 characteristic in Table ZA.3.1, because glass products are not of a type which requires System 1 testing.

3.3. Selecting conformity assessment bodies

All notifi ed bodies are listed on the EU’s NANDO web site:

From this page, selecting “Free search” brings up the following page:

The most useful search is “Keyword on Technical specifi cations”, which is where the number of the standard can be inserted. This leads to a list all notifi ed bodies working under that standard. For example, searching using “EN 197-1”, Common cements, leads to a list of all notifi ed bodies, of which the following picture shows the fi rst few.

Free search

Construction Products Legislation only

Keyword On Body

Keyword On Legislation

Keyword On Articles/Annexes

Keyword On Procedures

Keyword On Products

Keyword On Decisions

Keyword On Intended uses

Keyword On AVCP system

Keyword On Tecnical specifications

Keyword On Body function

All legislation

http://ec.europa.eu/growth/tools-databases/nando/

52.


Once a manufacturer has identified which AVCP system applies for his product/intended end use (which is the manufacturer's responsibility, not that of any notified body), and as long as this is not System 3 or 4, he should approach, first, the product certification body (Systems 1+ and 1) or the FPC certification body (Systems 2+). Under Systems 1+ and 1, the product certification body takes overall responsibil-ity for sampling products for all product type determination and for ensuring that all tasks are performed correctly, and there is a risk that, if the manufacturer ap-proached a notified test laboratory and had tests done, or did tests himself, before approaching the certification body, the latter might raise concerns, especially about how the products were chosen for testing.

Under System 2+, it is possible that the tasks of both FPC inspection and FPC certifi-cation are undertaken by the same body but, even if this is not the case, any inspec-tion is done under the direct control of the FPC Certification Body. So any manufac-turer who approached an inspection body first might find that the certification body would not subsequently accept the results of the inspection as the basis for issuing an FPC certificate. Under this system, however, the FPC certification body has no say over which notified test laboratory(ies) the manufacturer chooses, nor over the competence of the manufacturer himself when he is performing tests himself.

Bodies Found : 85

Search criteria :

Technical specifications : EN 197-1

Withdrawn/Expired/Suspended Notifications/NBs are not displayed in this list,you can find them in the Body module under the hyperlink

"Withdrawn/Expired/Suspended Notifications/NBs"

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