Dr.  Aurora  CIOC  Executive  Director  &  Department  Director  Technical  Assessment  in  Construction  

1/3 ICECON  S.A.  Sos.  Pantelimon  nr.  266,  sector  2,  OP  3-­‐33  021652-­‐Bucharest,  ROMANIA  Tel:  +40  21  202  55  60;  Fax:  +40  21  255  14  20  

The conditions for the marketing of construction products in Romania

In order to settle if is necessary to be issued a document for the marketing of the construction products by a Romanian Body designated for this purpose, is mandatory to verify the intended use of the construction product.

That means that is necessary to verify if the product is covered by an hEN (harmonized standard) in respect to the list of hEN mentioned on the NANDO website or on the Romanian list published by MDRAP, for instance ORDINUL Nr. 2.207 din 07.11.2014 privind aprobarea Listei cuprinzând indicativele de referinţă ale standardelor române care transpun standarde europene armonizate din domeniul produselor pentru construcţii.

1) In case that the product is fully covered by an hEN, it’s necessary to follow the provisions of the hEN, both the manufacturer and the Notified Body, in respect to the REGULATION (EU) No 305/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC. At the end of this AVCP process will be issued the DoP (declaration of performance) by the manufacturer in order to apply the CE marking on the base of the Certificate or Test Report received from the NB - Notified Body, which can be a Product and FPC Certification Body under AVCP system 1+, 1, 2+, 2 or a Testing Laboratory under AVCP system 3.

http://ec.europa.eu/enterprise/newapproach/nando/index.cfm?fuseaction=country.notifiedbody&cou_id=642

2) In case that the product is not fully covered by a hEN or doesn’t exist a hEN, the manufacturer can proceed for obtaining an ETA (European Technical Assessment) from a TAB - Technical Approval Body. The TAB’s are members of EOTA and are designated by the Member States. In order to ensure that TABs have the necessary competence for carrying out those tasks, the requirements for their designation should be set out at Union level. Both the manufacturer and the TAB, will respect to the REGULATION (EU) No 305/2011 OF THE

Dr.  Aurora  CIOC  Executive  Director  &  Department  Director  Technical  Assessment  in  Construction  

2/3 ICECON  S.A.  Sos.  Pantelimon  nr.  266,  sector  2,  OP  3-­‐33  021652-­‐Bucharest,  ROMANIA  Tel:  +40  21  202  55  60;  Fax:  +40  21  255  14  20  

EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC and the EOTA’s procedure. At the end of this AVCP process will be issued the DoP (declaration of performance) by the manufacturer in order to apply the CE marking on the base of the Certificate or Test Report received from the NB - Notified Body, which can be a Product and FPC Certification Body under AVCP system 1+, 1, 2+, 2 or a Testing Laboratory under AVCP system 3.

http://ec.europa.eu/enterprise/newapproach/nando/index.cfm?fuseaction=country.nb&refe_cd=NANDO_INPUT_199782

http://www.eota.eu/en-GB/content/romania/34/178/22/

3) In case that the product is not covered by a hEN or doesn’t exist a hEN, and the manufacturer doesn’t request an ETA (European Technical Assessment) the manufacturer must respect the national legislation in construction from Romania. That means that it’s necessary to verify if the product is covered by a national standard, other then hEN. It’s mandatory to identify if exist in force a national standard concerning the product in discussion, for example: STAS, SR or SR EN.

For instance, if the product is hot rolled reinforcing steel for reinforcement, in force is the SR 438-1:2012. In this case, the manufacturer shall declare that the product is manufacturer in respect to all the provisions of SR 438-1:2012 and will apply for obtaining a National Certificate of conformity (used only on the Romanian market) from a Certification Body accredited in Romania by RENAR for these certification field and products. http://www.renar.ro/ro/oec/ At the end of this certification process will be issued the declaration of conformity by the manufacturer and will not be allowed to apply the CE marking. This process is covered by the Government Decision HG nr. 622/2004.

Dr.  Aurora  CIOC  Executive  Director  &  Department  Director  Technical  Assessment  in  Construction  

3/3 ICECON  S.A.  Sos.  Pantelimon  nr.  266,  sector  2,  OP  3-­‐33  021652-­‐Bucharest,  ROMANIA  Tel:  +40  21  202  55  60;  Fax:  +40  21  255  14  20  

4) In case that the product is not covered by a hEN or doesn’t exist a hEN, and the manufacturer doesn’t request an ETA (European Technical Assessment) the manufacturer must respect the national legislation in construction from Romania. Also, was verified that the product doesn’t comply any national standard and in this case the manufacturer apply for obtaining a National Technical Approval (used only on the Romanian market) from a designated National Approval Body by M.D.R.A.P.-MINISTRY OF REGIONAL DEVELOPMENT AND PUBLIC ADMINISTRATION and C.T.P.C. – Standing Technical Committee for Construction http://www.ctpc.ro/agremente.html

For instance, the product is hot rolled reinforcing steel for reinforcement; even in force is the SR 438-1:2012, the manufacturer declare that the product is not manufacturer according to SR 438-1:2012 and the manufacturer issued his own product technical specification. The manufacturer shall be informed by the National Approval Body by the existing of technical regulations in construction at the M.D.R.A.P., as is the case of ORDER No 683 of 10 April 2012 approving the technical regulation “Technical specifications for steel products used as reinforcements: performance requirements and criteria”, code ST 009-2011. At the end of this approval process will be issued the declaration of conformity by the manufacturer and will not be allowed to apply the CE marking. This process is covered by the Government Decision HG nr. 622/2004.

 http://www.ctpc.ro/legislatie.html

Conclusion:

Ø The marketing conditions under the CPR 305/2011 are the same in the Member States.

Ø Only the national regulation in construction in refer to the above items 3 and 4 shall be different from Romania and must be verified in each Member State.