Analysis of implementation of the Construction Products Regulation

CPR STAKEHOLDER WORKSHOP

23 March 2015

Tobe Nwaogu Principal Consultant, RPA

Background to Study

Aim: To analyse the implementation of the Construction Products Regulation (CPR) in Member States as regards their legal provisions and administrative practices, as well as at the EU Level

Specific Objectives: To gather, analyse, validate and summarise data in order to answer three key questions:

1. How and to what extent has the CPR been implemented at national/EU level?

2. To what extent has the CPR produced intended results/effects in terms of free movement of products, clarification, credibility and simplification?

3. To what extent has the CPR fulfilled the objectives of the Commission’s policy for products regarding competitiveness, sustainability and innovation, including in order to respond to future technological developments?

Reporting: Study findings are expected to feed into reporting obligation set out in Article 67(2) CPR

Approach to Study

Step 1: Project Inception

Task 1: Kick-off meeting & Inception Report

Step 2: Data Collection

Task 2: Online survey

Task 3: Literature review

Task 4: Telephone interviews

Task 5: Meetings/Stakeholder Workshop

Task 6: Interim Report

Step 3: Data Analysis

Tasks 7 – 9: Analysis of CPR implementation (study objectives)

Task 10: Final Report

Task 2: Online Survey (1)

Questionnaire 1: Companies

170 Responses, mostly manufacturers and SMEs

Good representation of UK, DE, NL, BE, FR. All EU/EFTA countries represented

Questionnaire 2: NBs, TABs & Standards Bodies

Total of 187 Responses

129 responses from NBs across 29 countries (~25% response rate)

23 responses from TABs across 15 countries (~60% response rate)

16 responses from National Standardisation Bodies (~50% response rate)

12 responses from National Accreditation Bodies (~35% response rate)

7 responses from Notifying authorities

Task 2: Online Survey (2)

Questionnaire 3: Public authorities

65 Responses

27 national/regional public authorities covering 17 Member States

28 Market surveillance authorities (~40% of responses from Poland)

3 Inspectors/Enforcement officers and 7 PCPCs also responded

Questionnaire 4: Associations, Organisations, Other

95 Responses

71 industry associations

11 responses from professional organisations

Responses also from NGOs, tendering authority, individual practitioners

Total Responses: 517

Task 3: Literature review

Aimed at collating information at the MS and EU levels, covering:

Relevant national legislation and guidance documents explaining the CPR

Documents and FAQs by enforcement bodies, industry associations or similar organisations on implementation of the CPR

Market information on the construction industry

Reports on market surveillance approaches for construction products

Reports on CPR implementation provided in 2014 by Member States and industry to the Commission; etc.

Task 4: Telephone Interviews

Telephone interviews were held from 12 to 26 January

169 interviews arranged across EU-28

Good response rate in many countries, although in some smaller countries it was difficult to identify willing/knowledgeable interviewees

Interviews were held with a range of organisations:

Companies, including SMEs

Public authorities

Industry associations (national level)

Notified Bodies/TABs etc.

Interviews were held with public authorities and other organisations that did not respond to the online survey

Task 5: Workshop

Aim

Present feedback on the key findings from the consultation undertaken to date

Obtain the views of stakeholders on some of the most topical issues which have been identified by several key stakeholders as impacting on CPR implementation

Note that the workshop is part of the ‘data collection’ (not final reporting!) and, as such, we are hoping for a positive and interactive discussion

Discussion Groups

The discussions are intended to:

Verify the problem definition/description

Exchange information on relevant experiences related to the problem areas

Address questions in blue boxes and discuss possible solutions to the problems

Step 2: Tasks Completed to Date

Task 2: Online survey

Started 6 November 2014 and closed on 23 January 2015

Task 3: Literature Review

MS literature review - completed 18 February

Task 4: Interviews

Telephone Interviews - completed 26 January

Task 5: Meetings/Workshop

Workshop in Brussels - 23 March

Task 6: Interim Reporting

Interim Report - 18 February

Topical Reports – uploaded 13 March

Awareness of CPR Concepts

Clarification of the Legal Framework

Obligations of economic operators

Obligations of economic operators

CE Marking

CE Marking – A problem?

CE Marking

Free Movement of Construction Products

Free Movement

Free Movement (Companies)

Free Movement (Public Authorities)

National marks – A problem?

France & Germany!!

Simplification of the Legal Framework

Declaration of Performance (DoP)

DoP (Companies)

DoP (Authorities)

Simplified Procedures – A problem?

Simplified Procedures

Mandatory Harmonised Standards

European Assessment Documents

European Technical Assessments

Assessment and Verification of Constancy of Performance

Requirements for Notified Bodies

Market Surveillance

Market Surveillance

Market Surveillance

Risk to health and safety

Risk to health and safety

Formal non-compliance

Formal non-compliance

Evidence on market surveillance

Co-operation with authorities

Overall Views on CPR

Impacts of the CPR on Legal Certainty

Increased Credibility of the CPR

Simplification of the Legislation

CPR Provisions and Free Movement

Relevance of the CPR

Overall Rating of Implementation of the CPR

Next Steps

Next Steps/Timelines

Phase III: Data Analysis – April/May 2015

A horizontal analysis across the EU looking at how the CPR has been implemented, applied and enforced and identifying cross-cutting EU wide issues

Where relevant, a more in-depth approach to explore issues specific to individual MS, products or circumstances in detail

Draft Final Report – 10 June 2015

Final Report – 10 August 2015

THANK YOU FOR LISTENING