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All Co-ordination of the Group of Notified Bodies
for the Construction Products Regulation 305/2011/EU
NB-CPR/All-13/114 Issued: 3 July 2013
Information PLEASE NOTE: This is a living document, with additional questions, and modifications to existing questions and proposed answers, being considered by Advisory Groups Task Group on the CPR and added by CPR TechSec as we become aware of worthwhile suggestions. The first version of this document, NB-CPD/11/469, was tabled for the 30th AG meeting (11 October 2011, Brussels). Following that meeting, a revised version, NB-CPD/11/469r1, was circulated for comment from Advisory Group. A further revision was circulated to sector group officials as NB-CPD/SGs-12/033; no responses to this circulation were received, but additional information resulting from the 2nd SCC-CPR meeting was added. The next version was uploaded 13 June 2012, with the addition of a question on Annex III regarding the omission of a requirement to give the place of manufacture in the DoP, and a question on Annex V regarding whether GNB should recommend or require that the place of manufacture should be included in certificates. Five of the most important and urgent questions were included in the GNB-CPDs report to the 2nd SCC-CPR meeting, 24 January 2012, NB-CPD M08-CPR Jan 2012, although the report was not tabled at the meeting, and little information was provided towards answering any of the questions. This document will continue to evolve as further questions are added, and answers are clarified. A full version of the document, or selected questions, may be submitted to future meetings of SCC-CPR. Several of the most important questions were raised at the GNB Conference on the CPR, 18 October 2012, Brussels. They were discussed by panels of experts including Commission Services personnel, and answers to these questions were given. Revision 4 of this document included those authoritative answers and further clarifications and answers received from the Commission, SG Officials and individual NBs. However, it must be understood that in the event of a dispute regarding how the CPR should be understood, only the European Court can give a definitive interpretation. In May 2013 Commission Services uploaded the first set of 14 frequently asked questions and their answers to the Europa website (http://ec.europa.eu/enterprise/sectors/construction/faq/index_en.htm). Previous editions of this document were issued for the Advisory Group for discussion, under the number NB-CPD/11/469. With the CPR fully in force, this version is issued for all NBs.
GNB-CPR views on how to understand the CPR
General comments: This document is presented in the form of questions, and draft answers to reflect what the GNB-CPR considers to be the appropriate answer. Guidance on these answers has been sought from Commission Services, but responses have only been received regarding a minority of the questions. However, it must be understood that in the event of a dispute regarding how the CPR should be understood, only the European Court can give a definitive interpretation. A substantial proportion of the questions relate to issues that affect manufacturers rather than notified bodies. They are included because many small manufacturers rely on guidance from their NBs to assist them in CE marking their products. However, NBs responding to their clients should make clear that any information they provide from this document represents opinion rather than definitive guidance. CHAPTER I - GENERAL PROVISIONS
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Article 1 - Subject matter Q. Which countries and member states are covered by the Regulation?
The regulation applies directly in all member states of the European Union (EU). It should also apply in other countries that adopt the Regulation into their own legislation with the approval of the Commission. This includes members of the European Free Trade Association (Iceland, Lichtenstein and Norway) who are party to the European Economic Area (EEA) Agreement with the EU, Switzerland through bi-lateral agreements with the EU and Turkey through an EC Decision. In the future candidate countries may join the EU and adopt the Regulation. These currently include Iceland, Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Turkey.
Article 2 - Definitions Q. If a construction product falls under the definition of a construction product in Article 2 Point 1 and there are no harmonised technical specifications, does this mean that the essential characteristics and compliance with Basic Works Requirements in Annex 1 will still have to be demonstrated by the manufacturer (e.g. conformance to non-harmonised EN, National Approval)?
No, it falls outside CPD/CPR and the responsibility comes back to national requirements. (Confirmed by Commission Services FAQ 1.)
Q. In the definition of construction product what is the meaning of permanent manner in construction works?
There is currently no widely-accepted definition of permanent in relation to construction products. One definition which is used is that the construction product is installed within a construction works and cannot easily be moved. Consequently, a window (EN 14351-1), wall covering (EN 15102) or carpet (EN 14041) are permanent and construction products, but a blind, chair, curtain, rug or table are not construction products as they can easily be moved to a new location within the construction works or to another construction works.
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Q. A construction product that is not covered by a harmonised technical specification may incorporate components for which there are harmonised product standards. If a component manufacturer does not place his product on the market as a construction product, and only supplies it directly to one or more manufacturers for incorporation as part of a final product, does he need to follow any harmonised product standard that would be applicable to the component, and does he need to CE mark the component?
A harmonised standard for a construction product will usually require that component parts conform to relevant standards for those components, but if it does not do so, there is no requirement for the component parts to conform. Mr Leoz made clear at the 71st SCC that Commission Services does not consider that there is any requirement to CE mark components, as they are not placed on the market (See also NB-CPD/11/453, minutes of the 29th Advisory Group meeting, 22 March 2011, Section 6A). However, it is understood that some MSs require CE marking of components.
Article 3 - Basic requirements for construction works and essential characteristics of construction products
CHAPTER II - DECLARATION OF PERFORMANCE AND CE MARKING
Article 4 - Declaration of performance Q. If a product complies with two or more EU Directives/Regulations, should the manufacturer produce a declaration of performance for the CPR and one or more declarations of conformity with other Directives/Regulations, or should the declarations be combined in a single document?
The GNB-CPR is not aware of any authoritative guidance on this issue. The issue is more relevant to Commission Services and Construction Products Europe.
Article 5 - Derogations from drawing up a declaration of performance Q. Will guidance or guidelines be issued for manufacturers on the derogations? And will this included examples of the use of derogations?
The Commission has been asked to produce guidance with examples of the three occasions when derogations are accepted. However, guidance has not yet been produced or promised. AdCo-CPR is also discussing the derogations but has yet to come to a consensus on their meaning or on examples for each derogation.
Q. What is the exact meaning of individually manufactured? The CPR does not define individually manufactured and there is currently no authorative guidance on its meaning under the CPR. Consequently, it can be assumed that its meaning has not changed from the CPD where it was defined in Section 4.9.3 of EC Guidance Paper M.
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Q. What is the exact meaning of non-series process? Recital (40) of the CPR states: The interpretative framework for the definition of non- series process, to be applied to different construction products covered by this Regulation, should be established by the Commission in consultation with the Standing Committee on Construction. Therefore until clarification is received from the Commission and SCC, it can be assumed that its meaning has not changed from the CPD where it was defined in Section 4.9.3 of EC Guidance Paper M.
Article 6 - Content of the declaration of performance Q. Is the declaration of performance model given in Annex III mandatory for a manufacturer to follow? And does the model provide all NB information which should be declared?
Article 6(4) states The declaration of performance shall be drawn up using the model set out in Annex III. The CPR makes it mandatory to use the model given but does not appear to make it mandatory to follow the model exactly. The declaration of performance will however need to include all of the information as required by Article 6. This is important as the model does not appear to contain all the information which might usefully be declared, such as the name and identification number of the notified body(ies) who have carried out the AVCP tasks for the ETA. (See also Annex III.) Commission Services has stated that revision of Annex III by delegated act has a high priority, and may take place in September 2013.
Article 7 - Supply of the declaration of performance
Article 8 - General principles and use of CE marking Q. How should the CE Marking be