The Construction Products Regulation –

A Roads Perspective

Pat Maher, Chartered Engineer,

Head of Network Management, National Roads Authority

Background

• EU Construction Products Regulation (305/2011/EU - CPR) was adopted on 9th March 2011

• Its main provisions apply from July 1st 2013

• As an EU Regulation it is directly enforceable in Irish law without the need for transposing legislation

• Its objective is to build upon and also to rectify some of the shortcomings of the Construction Products Directive – CPD

• Thus, it is Evolution rather than a Revolution

Significance

• There is no need for transposing Irish legislation

• It affects all construction products placed on the EU market that fall within its scope

• Harmonised European Standards

• European Technical Assessments

• European Technical Approvals

• From July 1st those placing such products on the Irish market have to provide a Declaration of Performance (DOP) and CE mark the product

• Prior to July 1st, the requirement for products to be CE marked in Ireland in accordance with the CPD was voluntary. From July 1st it is mandatory

Presentation Outline

Specifications of Roads vs Building Works. What are the

Differences?

CPD and Roadworks

CPR – what changes is it bringing?

Market Surveillance provisions

Current and future issues

Specification of Roads vs Building Works

What are the Differences?

NRA Standards

Roadworks Standards

• Construction standards for roadworks are governed by the Specification for Roadworks (SRW),

• [Part 1 of NRA Manual of Contract Documents (MCD)]

• The National Roads Authority’s powers to publish standards is provided by the Roads Act 1993 (as amended)

19(1) The Authority may in relation to national roads or proposed national roads, do all or any of the following:............

(e) specify standards in relation to construction or maintenance works

NRA Standards Website

http://nrastandards.nra.ie/

Buildings vs Roads

Building Works • Governed by the Building Regulations as

provided for in the Building Control Act 1990 and SI 306, 1991 Building Regulations along with suite of Technical Guidance Documents

• National Standard, are mandatory for all building works

• Require that proper materials are to be used and “fit for the use for which they were intended and for the conditions in which they are to be used.”

• Overseen by Building Control authorities

Roadworks • Specification for Roadworks (SRW)

• Section 19(1)(e) of Roads Act

• Not national standards, but are mandatory on all NRA funded contracts

• Also generally used on Regional & Local Road contracts

• Often used on private sector, site development works etc

• More detailed than Building Regulations

• Historically prescriptive and input driven

• Of necessity more output focused in latter times

What’s in common?

• Underlying principles and requirements for compliance with CPR are the same for both Building Regulations & SRW

• Same obligations apply to Manufacturers, Importers and Distributors

• For all bodies responsible for drawing up specifications, they must set desired levels of performance for the essential characteristics of products covered by harmonised standards

• Engineers, architects and others specifying products ought to be fully acquainted with CPR, CE marking etc

• Ditto for site supervision staff

Roadworks Contract Specification

Contract Specific Specification Material

Contract Specific Additional, Substitute and Cancelled Clauses

Contract Specific Minor Alterations

Contract Specific Appendices

+

CPD and Roadworks

Construction Products Directive

89/106/EEC

• Applicable to both building and civil engineering works

• Identified 6 essential Requirements in respect of construction works

• Essential Requirements framed more in the context of building works

1) Mechanical resistance and stability

2) Safety in case of fire

3) Hygiene, health and the environment

4) Safety in use

5) Protection against noise

6) Energy economy and heat retention

CPD Principles

• Article 6.1 Member States shall not impede the free movement, placing on the market or use in their territory of products which satisfy. the provisions of this Directive

• Article 6.2 Member States shall, however, allow products not covered by Article 4 (2) to be placed on the market in their territory if they satisfy national provisions consistent with the Treaty

• Article 7.2 (In respect of harmonised standards) The resulting standards shall be expressed as far as practicable in product performance terms

• Article 13 The manufacturer..... shall be responsible for the attestation that products are in conformity with the requirements of a technical specification

CPD and the SRW

• Construction Products Directive has materially altered how we set out our requirements in respect of harmonised European Standards

• The SRW continues to evolve towards being less prescriptive and input driven and to being more output and performance focused

• The SRW continues to be updated to reflect the publication of new harmonised standards

• NRA continues to participate in the preparation of National Annexes and Standard Recommendations (such as SR 28 for bituminous mixtures

CPR – what changes does it bring?

Main Points of CPR

• The general objectives and main instruments of the CPD have not changed

• The CPR maintains the objective overcoming the technical barriers to trade

• Its goal is to clarify ambiguities, simplify processes and improve the credibility of the system

• There are four main elements

1) A system of harmonised technical specifications

2) A system of Assessment of Performance and Verification of Constancy

3) A framework of notified bodies and

4) The CE Marking Label

CPR

Seven “Basic Requirements” for Construction Works are now defined

1) Mechanical resistance and stability

2) Safety in case of fire

3) Hygiene, health and the environment

4) Safety in use

5) Protection against noise

6) Energy economy and heat retention

7) Sustainable use of natural resources

For Manufacturers

• From July 1st manufacturers when placing a product on the market are required to:

• Make a Declaration of Performance (DoP) for the product and

• Affix the CE Mark (which is now mandatory)

• The DoP, based on the Annex ZA of the hEN provides information on the essential characteristics of the product

• In drawing up the DoP, the manufacturer assumes responsibility for the conformance of his product with the declared performance

• The CE mark follows the DoP and certifies that the manufacturer has strictly followed all applicable procedures in drawing up his DoP.

In brief

• CE marking is about placing products on the market

• It’s not a quality marking system

• It’s a tool to communicate information – no more

• Compliance with the CPR does not of itself indicate that a material or product is suitable for use in a particular works

• A DoP provides detailed information about the declared performance in relation to the essential characteristics

• It is essential that specifiers check that the declared performance is fit for the use for which it was intended

Member States

Nothing in the CPR prevents

• A Member State setting out a national standard a prescribed level of performance

• A Client (such as the NRA, or its representative) setting a minimum level of performance for a particular product

• The CPR is not intended to harmonise Member States’ design and national construction regulations

In Summary

CPD

• Directive – required national transposition

• CE marking interpreted as not mandatory in certain MS, including IRL, UK

• Perceived as ambiguous / overly complex

• Was not entirely effective in eliminating national marks & conformity procedures

CPR

• Regulation - enforceable without national transposition, guaranteeing homogeneous application

• Clear meaning of the CE mark and Declaration of Performance (DoP)

• DoP is mandatory for all hEN / ETA

• DoP must list all the essential characteristics and the performance of at least one

• CE marking is mandatory if a DoP has been made

Change in Law

DEPR Public Works Contract for Civil Engineering Works

PV2.4 Change in Law

The Contract Sum shall be adjusted by the amount of any increase or decrease in the Contractor’s cost of performing its obligations under the Contract as a result of a change in Law made after the Designated Date, or if a Recovery date has been agreed or determined, made after the Recovery Date, but before the Date for Substantial Completion of the Works or a Section, that …….

(ii) is not identified in the Works Requirements and

Product Contact Point

• Article 10.1 of the CPR requires that ….Member States shall designate Product Contact Points for Construction pursuant to Article 9 of Regulation (EC) No 764/2008

• The Product Contact for Ireland is at http://www.environ.ie/en/PCP/, c/o Building Standards, DECLG.

• There is a link on the PCP website to NRA Standards at http://nrastandards.nra.ie

Market Surveillance Provisions

Market Surveillance

• Regulation (EC) 765/2008 inter alia makes provision for a framework for the market surveillance of products

• Provisions are given effect by SI 255/2013 European Union (Construction Products Regulations) 2013.

• The SI addresses the issues of

• Market Surveillance authorities,

• Appointment and powers of authorised officers

• Corrective actions, service of notice

• Offences, penalties and prosecutions

Market Surveillance Authorities

• For the purposes of CPR, Building control officers in local authorities are designated as market surveillance authorities under the CPR

• Provision for the appointment of other bodies by the Minister for the Environment, Community & Local Government

• When concerns are raised in relation to a product, market surveillance authorities have powers to:

• Request technical information

• Take records and samples for testing

• Undertake examination or inspection

Powers of Market Surveillance Authorities

• Where there is a problem with regard to conformity

• the Market Surveillance Authority (MSA)may issue notices in writing directing the economic operator to take corrective actions

• In the event of non-compliance with initial correspondence, MSA “shall” issue a notice in writing informing the economic operator of intended request to Minister

• MSA may request Minister to prohibit or restrict the use of the construction product

• Minister informs Commission and other Member States

• Minister makes a public notice

Other Possible Entities

• In addition to a building control authority, SI 225/13 makes provision that a Market Surveillance Authority can be

• a competent authority that may be appointed by the Minister in respect of specific construction products placed on the market,

• a competent person that may be appointed by the Minister in respect of specific construction products placed on the market,

• However the Minister has not appointed Market Surveillance Authorities other than Building Control Authorities.

Competent National Authorities

• SI 225 of 2013 also makes provision for the appointment by the Minister of Competent National Authorities

• Regulation 9 of the SI states

“For the purpose of Articles 11(7), 11(8), 12(2), 13(7), 13(9), 14(4) and 14(5) of the Construction Products Regulation, a competent national authority shall be a body specified in Schedule 2.”

• Two bodies specified in Schedule 2 are (a) the Geological Survey of Ireland and (b) the National Roads Authority.

Competent National Authorities

Article 11.8 makes provision that

Manufacturers (also distributors and importers..... “shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the construction product with the declaration of performance and compliance with other applicable requirements in this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by construction products which they have placed on the market.”

SI No 255 of 2013 Schedule 2

Competent National Authorities

COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

COMPETENT NATIONAL

AUTHORITY

AREA CODE(S)

PRODUCT AREA(S)

EXCLUSIONS

Geological Survey of Ireland

24

Aggregates

National Roads Authority

12

23

24

Circulation Fixtures: Road Equipment Road Construction Products

Aggregates

EN 12676-1 EN 1423 EN 12352 EN 12368 EN 12899-2 EN 12899-3

EN 14188-1 EN 14188-2 EN 14188-3 EN 13877-3 EN 15322 EN 14695 EN 13139 EN 13055-1 EN 13055-2 EN 13450 EN 13383-1

Current and Future Issues

Product vs Works Specification

Production Plant Facto

ry

Gate

Transport to Site Incorporation into

the Works

DoP &

CE Mark

NRA Specification for Roadworks

• Not 100% clear as to extent to which Specification for Roadworks (SRW) needs to be revamped

• Potentially, significant changes to specification may be required so as to cater explicitly for CE marked and non-CE marked products

• In addition, ongoing updating of specification will continue to demand significant resource commitment

Resources

Resource Challenges:

• Servicing of CEN committees

• Publication of national annexes / standard recommendations

• Updates to building regulations / standards

• Market Surveillance Authorities

Training / Education

• We cannot presume that there is the necessary level of familiarity with the provisions of the CPR in the industry – Employers, manufacturers, consultants & contractors

• Following the publication of IS EN13108 (Bituminous Mixtures), and the associated SR 28 and updated 900 series of the SRW,

• NRA commissioned guidance documentation

• Undertook training for local authority engineers at Regional Training Centres

• More needs to be done!

• Now is a good time – limited workloads give time to properly train and adjust

Conclusions

1. CPR - Evolution not Revolution

2. Opportunities and risks to Ireland inc. and to industry players

3. We need to be realistic about resources

4. We need to actively address training issues and knowledge base

Thank You