Compliance with the CPD 89/106/EEC

The products must be suitable for construction works thus the requirements concern actions which are foreseeable.

1. Mechanical resistance and stability: The construction works must be developed preventing loadings from collapsing of the entire or a part of the work, major deformations to an inadmissible degree, damage to other parts of the works, damage by an event to an extent disproportionate to the original cause
2. The products have to be suitable for construction tasks which are fit for their intended use. Thus, requirements refer to normal maintenance and concern actions which are foreseeable
3. Risk of fire: The construction works must be designed and built in such a way that in case of fire, the load-bearing capacity of the construction can be assumed for a limited period of time, the generation and spread of fire and smoke within the works are limited, the spread of the fire to neighbouring construction works is limited, workers can leave the place or be rescued by other means and the safety of rescue teams is taken into account
4. Environmental, hygienic and health aspects: The construction work should not endanger the hygiene or health of the people. Particularly, the following aspects are considered:
   • The giving-off of toxic gas
   • The presence of dangerous particles or gases in the air
   • The emission of dangerous radiation
   • Pollution or poisoning of the water or soil
   • Faulty elimination of waste water, smoke, solid or liquid wastes
   • Presence of damp parts of the works or on surfaces within the works
5. Safe use: The construction works must be designed and built without presenting unacceptable hazard of accidents in service like slipping, falling, collision, burns, electrocution, injury from explosion
6. Protection against noise: The construction works must be designed and built in such a way that noise will not endanger health of people and will allow them to sleep, rest and work in correct conditions
7. Energy economy and heat retention: The construction works and its heating, cooling and ventilation installations must be designed and built seeking not to save energy respecting the climatic conditions of the place and the occupants


Attestation of Conformity

The manufacturer or his representative established in the European Economic Area, are responsible for the attestation that products are in conformity with the requirements of a technical specification (Standards and technical approvals).

Products that are subject to an attestation of conformity will benefit from the presumption of conformity, with technical specifications (standards and technical approvals). Conformity will be set up through testing or other evidence based on the technical specifications.

The conformity of a product is dependent on the manufacturer (who has a factory production control system to guarantee that production is compliant with the relevant technical specifications). In this case, a Declaration of Conformity for a product needs to be provided by the manufacturer, or his agent established on the EEA.

The procedure for a specific product or a set of products will be determined by the Commission after consultation of the committee, according to:

• The importance of the part played by the product in relation to the essential requirements, particularly those requirements in connection with health and safety
• The nature of the product
• The effect of the variability of the product’s characteristics and the possibility of having defects in the product’s manufacture

The cheapest procedure consistent with safety will be the chosen one.

Conformity Control’s Methods

When the procedures for attestation of conformity of a product with technical specifications are determined, the following methods of control of conformity will be used. The chosen method depends on the criteria given above.

• Initial test done by the manufacturer or an approved body which determines the type of product
• Testing of samples taken at the factory according to an already-defined test plan by the manufacturer or an approved body
• Audit-testing of samples taken at the factory, on the open market or on a construction site by the manufacturer or an approved body
• Testing of samples from a batch which is ready for delivery, or has been delivered, by the manufacturer or an approved body
• Factory production control, inspection of factory and factory production control by an approved body
• Continuous surveillance, judgment and evaluation of factory production control by an approved body

Conformity Attestation’s Systems

Certification of the conformity of the product by an approved certification body based on:

• Manufacturer: Factory production control and testing of samples from the factory
• Approved body: An initial type-testing of the product, inspection of the factory, continuous surveillance, evaluation and approval of factory production control and possible audit-testing of samples from the factory

Declaration of conformity of the product by the manufacturer based on:

• Manufacturer: initial test to determine the type of the product, factory production control, possible testing of samples from the factory
• Approved body: Certification of factory production control

The manufacturer’s declaration of conformity or the certificate of conformity will give right to the manufacturer, or his representative established in the EEA, to affix the pertinent CE marking on the product, on a label attached to it, on its packaging or on the accompanying commercial documents.

For non-EU manufacturers: Appoint a European Authorized Representative established within the European Community.

Non-Compliance

The directive portrays European Law in forced within the European Economic Area (EEA); non-compliance with the directive’s requirements will result in the removal of the product from the market and the revoking of the CE marking affixed on the product.

Amendments

Revision of the Construction Products Directive (CPD) 89/106/EEC.

Companies work in a regulatory framework which is a core factor to grow, competitiveness and employment. Assuring the simplicity of the regulatory environment, consequently high quality is, therefore, an indispensable goal of the enterprise policy of the European Union. Thus, the improvement of legislation became essential in the new Lisbon strategy launched in spring 2005; in its recent communication on industrial policy (COM 2005/474), the Commission has put the stress one more time on the importance of its influence on the productivity and competitiveness of the industry.

According to this idea, last October, the Commission communicated a simplification of the regulatory framework (COM 2005/535), where the construction industry was pointed out as a priority matter, needing an evaluation of the impact and of the overall effectiveness of the legislative framework applicable to the sector. This fact implies a simplification program which includes concrete actions simplifying the Construction Products Directive (Directive 89/106/EEC).

In the Commission’s opinion, this directive doesn’t eliminate all barriers to trade and does not give the best conditions permitting the free circulation and use of construction products within the Community. Against this background, rather than preparing a legislative proposal to simplify the directive, the Commission is now putting in practice a broad consultation of interested stakeholders on the most important directive’s issues. Finally, there is a proposal for a regulation of the European Parliament and of the Council laying down harmonized conditions for the marketing of construction products - COM(2008) 311 final.