Implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (the Construction Products Regulation)
The European Parliament adopted by 686 votes to 4, with 5 abstentions, a resolution on the implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (the Construction Products Regulation - CPR).
The purpose of the CPR is to remove technical barriers to trade in construction products to enhance their free movement in the internal market. The construction industry directly provides 18 million jobs in Europe and generates 9 % of GDP.
Need to revise the CPR
Parliament welcomed the Commission’s CPR evaluation and ongoing review, which seek to further address barriers in the internal market for construction products and contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, while taking account of technological developments and innovation.
Members called for an ambitious revision of the CPR to create a strong regulatory framework with effective and easily enforceable harmonised rules. They insisted that all stakeholders should be involved in the consultation and evaluation process. They also stressed the importance of carrying out an impact assessment of possible regulatory choices, as well as the need to ensure a level playing field and to reduce the administrative burden for all businesses, in particular SMEs.
Common technical language, including standards
The common technical language introduced by the CPR is defined by harmonised European standards, and by European Assessment Documents (EADs) for products not – or not fully – covered by harmonised standards in order to address Member States’ performance requirements.
Parliament acknowledged that the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (CENELEC) are the competent organisations for the drafting of harmonised standards, while the European Organisation for Technical Assessment (EOTA) and Technical Assessment Bodies (TAB) are responsible for the preparation of European Assessment Documents (EADs).
Members are concerned by the fact that of the 444 existing harmonised standards for construction products, only 12 new standards were issued after the adoption of the CPR. They believe that
the time required for the development and citation of standards, the backlog for revising and updating existing standards (CPR acquis), the lack of legal clarity in the current legislative framework and the lack of a productive dialogue between all partners currently involved in the process are among the most significant problems associated with the implementation of the CPR.
Moreover, the lack of harmonised standards and the incompleteness of existing standards has led to additional requirements at Member State level for construction products, which hampers their free movement in the Single Market.
The Commission is urged to find a quick and viable solution to improve standardisation processes and remove the backlog of non-cited standards. Members support a combination of short-term measures to address delays and regulatory gaps and longer-term measures to improve the definition of common technical language through comprehensive and harmonised standards.
CE marking and declaration of performance
Members deplored the fact that CE marking under the CPR is wrongly regarded as a quality label and does not determine whether a construction product is safe or could be used in construction works. They therefore called for solutions that provide the end-users with precise and clear information on the safety of construction products and their compliance with national building safety requirements.
The Commission is invited to assess the possibility of gradually enhancing the CPR by including therein additional information obligations and product performance requirements with regard to health, safety and environmental aspects following an impact assessment and the assessment of Union and Member States’ regulatory needs for each product category.
Market surveillance
Market surveillance for construction products is seen as insufficient and ineffective by the industry. Therefore, the resolution called on Member States to fully implement Regulation (EU) 2019/1020, which aims to strengthen the market surveillance of products covered by EU harmonisation legislation, including the CPR, and establishes the framework for cooperation with economic operators.
The resolution also highlighted the need to ensure the effective market surveillance of construction products sold online, especially those purchased from non-EU economic operators, as they might not comply with EU legislation and could therefore influence the quality and safety of construction works.
Sustainability in construction products
Stressing the overall need for a transition to a sustainable and more circular economy in the sourcing, manufacturing, reuse and recycling of construction products and in their use in construction works, Members stressed the need to improve the sustainability of construction products and the availability of secondary and renewable products and materials on the market.
In this regard, the Commission is called on to:
- incorporate certain requirements regarding environmental performance and sustainability criteria across the lifecycle of products into the harmonised standards for specific product categories under the CPR;
- assess how the CPR could support the circularity of construction products, including reused or remanufactured products or those manufactured from recycled materials.