Construction Products
Definition
“Construction Products” are products, which are produced for incorporation in a permanent manner in the works and placed as such on the market.
“Incorporation of a product in a permanent manner in the works” means that its removal reduces the performance capabilities of the works; and that the dismantling or the replacement of the product is an operation, which involves construction activities.
Examples:
- Although it helps in fulfilling the essential requirement of “energy, economy and heat retention”, a curtain is not regarded as a construction product. This is because its removal or dismantling does notinvolve construction activities.
- An expanded polystyrene (EPS) thermal insulation panel isregarded as a construction product. This is because apart from increasing the performance capability of the building in which it is installed in terms of energy performance, its removal from the building involves construction activities.
Applicable Regulations
Construction products are covered by the Construction Products Regulation (305/2011/EU) which was nationally implemented by means of L.N. 462 of 2011.
Aim of the Regulations
The aim of the applicable regulations is to provide a common technical language, which offers common assessment methods of the performance of construction products and a common way in which to declare the performance of construction products.
The regulations covering construction products do no aim to harmonise building regulations across Europe. In fact, the performance requirements applicable to construction products vary across different Member States.
The contacts from which interested parties can get information on the national requirements applicable to construction products in different Member States are called Product Contact Points for Construction. The list of all the national product contact points will be made available on the European Commission’s website for the construction sector.
What is the Construction Product Regulation?
The Construction Product Regulation (CPR) aims to make the EU single market work better and improve the free movement of construction products in the EU, by laying down regulations for the marketing of these products and by providing a common technical language to assess the performance of construction products including the appropriate use of the CE Mark. This is also done to ensure safety of construction works.
(Link to the Current CPR in Force)
(Link to Legal Notice on Construction Products Regulation for Malta)
What is a Construction Product?
According to the regulation, a construction product: “means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works. (See full list of definitions in the Current CPR in force).
In other words, any product that is going to be used in construction works and will be part of the construction works, affixed in a permanent manner is considered a construction product.
As a Manufacturer of Construction Products, what are my Obligations under the CPR?
According to the Regulation, a manufacturer is someone who makes a construction product or who makes a product available on the market under their name/trademark (See Article 2.19 of the Regulation for the official definition).
As a manufacturer, your obligations include drawing up a Declaration of Performance (see below) and affixing the CE mark where applicable. These obligations must be respected in accordance with Articles 4 and 6, as well as Articles 8 and 9.
It is important to have all necessary technical documentation that describes all relevant elements of your construction product. This information is a necessity to ensure a safe, competitive market as well as to be used by authorities and potential customers across the EU.
This technical documentation must be kept by yourself for a period of 10 years after the product has been placed on the market. Your responsibility is to ensure that the performance is maintained according to the applicable standards.
Your product should be supplied with a type, batch or serial number; name, contact addresses together with safety instructions and any other required information either on the packaging or in a document accompanying the product.
If for any reason a product that has been placed on the market by yourself is not in conformity with its declaration of performance or other local regulations, it is your responsibility to withdraw and/or recall your product from the market. In the event that your product presents a risk for the consumer, you are required to contact the national authority (in Malta’s case, the MCCAA) of the member state where the risk is posed.
Should the MCCAA or any other national authority request documentation related to the conformity of your product, you are asked to cooperate as fully as possible with that authority. More information can be found in Article 11.
What is the meaning of "placing on the market"?
Any supply of the (individual) construction product for the first time within the European Internal Market for distribution or use in the course of a commercial activity, whether in return for payment or free of charge.
NB: Every product or batch of products (that is, every window or every package / truckload of bricks) is placed on the market individually. The fact that similar products have been marketed before, does not change this. Therefore, manufacturers have to draw up a Declaration of Performance (DoP) and affix the CE marking pursuant to the Construction Products Regulation (CPR) for all the products entering the market from 01/07/2013 onwards, even if similar products had been commercialized before this date.
Do All Construction Products Require CE Marking?
The CE Mark must be affixed to all construction products for which a declaration of performance (DoP) has been drawn up. In the absence of this DoP, manufacturers cannot place a CE Mark on their product. For more information, refer to Articles 8 & 9 of the regulation.
What is inside of a Declaration of Performance?
A Declaration of Performance, (DoP) document contains all necessary information related to a construction product that has been compiled by the manufacturer of that same product including, but not limited to, the essential characteristics of the product in scope. The DoP has to be produced if the product in question is covered by a harmonized standard (hEN) or has had a European Technical Assessment (ETA) performed specifically for it. In such cases, the DoP is to be complied before the product is placed on the market.
It is important to check what hENs apply to your product before placing your product on the market, and if you request a ETA, the organization of Technical Assessment Boards (TABs) shall draw up a European Assessment Document (EAD) for you before you place your product on the market. More information on DoPs can be found in Articles 4 & 6.
In cases pertaining to Article 5 of the regulation, a manufacturer may refrain from drawing up a DoP. In such cases, a manufacturer cannot affix a CE Mark on their product.
A model of the DoP can be found in Annex III of the regulation.
What are Harmonized European Standards and European Assessment Documents?
Harmonized European Standards (hENs) are standards which have been established by European Standardization Bodies on the basis of Standardization Requests or Mandates which have been issued after consultation with the Standing Committee for Construction. The purpose of these standards is to provide methods of assessment of the performance of construction products in relation to their essential characteristics. Within these standards, the standardization bodies shall also detail the factory production control necessary and will contain important information regarding the correct application of implementation of assessment and verification of constancy of performance systems (AVCP Systems).
These hENs shall be published in the Official Journal of the European Union (OJEU) which will contain a list of references to hENs which are in conformity with the relevant Standardization Requests or Mandates. More information can be found in Article 17. The Commission has provided a summary list of published hENs, which can be found at the bottom of the page here.
Should a manufacturer request a European Technical Assessment (ETA), an accompanying document, a European Assessment Document (EAD) must be produced and adopted by the organization of Technical Assessment Bodies (TABs) if the product in scope is partially or entirely not covered by an existing hEN. More information on EADs, TABs and ETAs can be found in Articles 20 through 26.
Should you wish to get in touch with a TAB relevant to your product area, follow the instructions given in the following link.
Is it allowed to Affix a Quality or Private Mark Concerning Performance for Construction Products which are Covered by a Harmonized Standard cited in the Official Journal?
No. Quality or private marks, let alone those with national connotations, are not allowed to cover any characteristics already included in the Harmonized Standard (hEN). This goes also for situations where the manufacturer has not declared the performance of his product in relation to some characteristics (i.e. has used the “No Performance Declared” option referred to in Article 6(3)(f) of the CPR).
Since Article 4(2) of the CPR renders the use of the Declaration of Performance (DoP) the only manner to declare this performance and Article 8(3) mandates the CE marking as the only mark which attests conformity of construction products with the declared performance, the manufacturer cannot turn to other options.
What are Assessment and Verification of Constancy of Performance Systems?
An Assessment and Verification of Constancy of Performance (AVCP) is performed in relation to essential characteristics of a particular construction product. This is done in accordance to one of the systems detailed in Annex V of the regulation. The systems relevant to your product vary according to your product and essential characteristics of that product.
The AVCP systems relevant to your product in relation to its essential characteristics can be found within the applicable Harmonized Standards (hENs) and/or European Assessment Documents (EADs). From time to time, the European Commission may revise systems already in place by means of delegated acts in accordance with Article 60. Once such systems are determined, the Commission shall indicate them through Mandates or Standardization requests for hENs.
There are currently a total of 5 systems which may be used as assessment methods for your product. You will need to consult the applicable hENs and/or EADs for more information of which system applies to your particular case. The system applied must then be indicated within the Declaration of Performance (DoP) concerning your product.
The Authority may contact you as a construction product stakeholder for consultation on draft delegated acts so as to give your valuable input should you have any concerns that would be worth considering at a Commission Level for discussion. More information can be found in Article 28.
What are Notified Bodies?
Some Assessment and Verification of Constancy of Performance (AVCP) systems require the involvement of a Notified Body (NB) before a Declaration of Performance (DoP) can be drawn up by manufacturers. These NBs are third-party bodies which are independent from the construction products it assesses. A NB which is involved in the industry by means of design, manufacturing, provision or assembly can be considered such a body if they are able to demonstrate that there is no conflict of interest. However, a NB cannot be directly or indirectly involved with the product that it has been asked to assess by way of carrying out tasks in relation to a particular AVCP System. The full list of requirements of NBs are stipulated in Article 43.
I am not a manufacturer. How does this regulation apply to me?
If you are an authorized representative of a manufacturer by means of a written mandate directly from that same manufacturer, you are requested to perform the tasks within that mandate; which may include any of the following: keeping a Declaration of Performance (DoP) for the Authority in accordance with Article 11, providing all relevant documentation following a reasonable request by the Authority to demonstrate conformity as well as cooperate with the Authority on actions that are being taken to eliminate risks from the market. More information can be found in Article 12.
If you are importing a construction product from a country outside the EU, you must ensure that the product you are placing on the EU market contains all necessary documentation, including the DoP. You must ensure that the product contains the CE Mark and that the manufacturer respects the obligations laid out in Article 11. If you are unsure about the compliance of the product, you are requested to refrain from placing the product on the market before ensuring all necessary documentation has been provided to you by the manufacturer. In addition, if you have a concern regarding any safety risks that a particular product might have, you are asked to inform the manufacturer and the Authority, for appropriate action. In addition, you are requested to keep all relevant documentation, including the DoP for a period of time stipulated in Article 11 and provide this documentation if you are ever asked to cooperate with the Authority. For a full list of obligations, refer to Article 13.
If you do not import from a country outside the EU, and you are not a manufacturer, but are part of the supply chain of a construction product, the Regulation recognizes you as a Distributor. You must ensure that your manufacturer and/or importer acknowledges the Regulation and are in compliance with it, before distributing the product to the market. As a distributor, you are being asked to cooperate with the Authority in cases of a particular product posing a risk to the consumer and to notify in case of suspicion so that appropriate action by the Authority can be taken. Refer to Article 14 for a full list of obligations of distributors under this regulation.
In the case that you are either an Importer or a Distributor who places a product on the market under your name or trademark or modify the product that is already placed on the market such that the DoP of that product is no longer valid, you will be considered a manufacturer and must therefore respect the obligations under Article 11.
What Simplified Procedures can a Manufacturer use to demonstrate compliance?
By way of alleviating the financial burden of enterprises, in particular small and medium-sized enterprises (SMEs) and microenterprises, in determining the product-type, a manufacturer may replace type-testing or type-calculation by Appropriate Technical Documentation demonstrating that:
- The product achieves a certain level or class of performance without testing or calculation, in accordance with the conditions laid out in the relevant hEN
- The product corresponds to a product-type of another product placed on the market by another manufacturer as tested in accordance with the relevant hEN (if authorized by that manufacturer)
- The product is a system made of components, assembled according to instructions given by the system provider (who has tested the components in accordance with the relevant hENs. Subject to prior authorization from the component provider)
In cases where the product falls under AVCP system 1 or 1+, the Appropriate Technical Documentation must be verified by a notified body. Further information may be found in Article 36 of the regulation.
Furthermore, a micro-enterprise may, through Article 37, replace determination of product type on the basis of type-testing for AVCP systems 3 and 4 by using alternate methods not in the applicable hEN. Additionally, for a micro-enterprise, a product falling under AVCP system 3 may be treated as falling under system 4 so long as equivalence to the hEN is demonstrated also together with Specific Technical Documentation.
Specific Technical Documentation may also be used by a manufacturer to demonstrate compliance of a product with applicable requirements and to show equivalence to procedures in the relevant hEN if the product is individually manufactured or custom-made in a non-series process in response to a specific order (which is installed in a single identified construction work). Details may be found in Article 38.
What is considered as "Appropriate Technical Documentation"?
It is the documentation which the manufacturer considers appropriate in order to justify the manner he uses to declare the performance of the product in the cases foreseen in Article 36 of the CPR.
In the case of Article 36(1)a the Appropriate Technical Documentation may e.g. be used to demonstrate that the specific conditions are met for the application of a Commission Decision defining the reaction to fire class of the product.
In the cases of Article 36(1)b or 36(1)c the Appropriate Technical Documentation may e.g. consist of the test results obtained by another manufacturer, or the system provider, together with his authorization to use these results, and the justifications for the correspondence of the products in question (point b) or for due respect of the instructions given (point c).
It is understood that the Appropriate Technical Documentation could well be different from one situation or construction product to the other, according to the particularities of each case. It will be kept by the manufacturer of the construction product in the technical file of the product in order to allow him to properly justify the DoP in case market surveillance or other authorities require so.
Who should I contact if I want to learn more about National Regulations of other Member states?
A full list of authorized representatives/ contact points can be found in this link.
Is there any Obligation to Provide a Declaration of Performance for a Construction Product not Covered by a Harmonized Standard? Can a Member State Impose such an Obligation?
No, not under the CPR. Article 4(1) of the CPR links the obligation to make a Declaration of Performance (DoP) to the existence of a Harmonized Standard (hEN) or a European Technical Assessment (ETA) issued for a given product. Therefore, a DoP under the CPR cannot be based on other national product standards.
However, in the non-harmonized sphere, products not covered by hENs can be subjected to requirements by Member State authorities. Therefore, it cannot be excluded that a public authority would demand the manufacturer to declare the performance of the product outside the CPR structure. In these cases, the products cannot be CE marked pursuant to the CPR, either.
Where can I find the Current National Regulations for Construction Products in Malta?
Any National regulations relating to building and infrastructure can be found in the following site - Building & Construction Authority website.
EU Commission Guidance for CE Marking of Construction Products
English Guide
Gwida bil-Malti
Contact Us
Need further information or assistance?
Feel free to send us an email - [email protected] or give us a call at +356 23952000.
Link to the Maltese PCPC page.
