Introduction to the EU Regulatory system: for general products, and for construction and construction products Dr. Adam Pinney, CPR expert Adam Pinney Consulting Ltd.

Two basic aims of the EU system: - Protection of citizens, domestic animals and the environment. - Free trade (free circulation of goods). Protection given by regulatory provisions = aspects of public interest. - Regulations cover: health, safety, (functionality), environment, Regulations do not cover: (functionality), quality, cost,.... Adam Pinney Consulting Ltd.

Brief history of the EU system The Treaty of Rome, 1957: Article 30: “Quantitative restrictions on imports and all measures having equivalent effect shall … be prohibited between Member States.” The Single European Act, 1986: Article 100a 3: “The Commission, in its proposals... concerning health, safety, environmental protection and consumer protection, will take as a base a high level of protection.” Article 129a 1: “The Community shall contribute to the attainment of a high level of consumer protection...” Adam Pinney Consulting Ltd.

Why free movement of goods? Barriers to trade harm all parties, including those imposing the barriers (“Theory of comparative advantage”, Ricardo, 1817). Hence the creation of Free Trade zones: EU and EFTA (the most advanced), NAFTA (North America), SAFTA (South Asia), USAN (South America). Adam Pinney Consulting Ltd.

What are technical barriers to trade? Requirements that restrict international trade: - different regulatory provisions, - compulsory national standards, - testing in the country of destination, - nationally imposed certification schemes, - additional technical requirements, - ‘devaluing’ non-national test results, Consequences of TBTs: different products/multiple assessment of products for different countries. Adam Pinney Consulting Ltd.

So wouldn’t it be fantastic if we had: A market based on the following principles: - a single regulatory framework allowing manufacturers to demonstrate satisfaction of national regulations, - a system of harmonised technical specifications, - an agreed system for showing the conformity of products, - an accepted conformity marking, - market surveillance, - no systematic intervention of the State CE marking is ALWAYS manufacturer’s declaration! Adam Pinney Consulting Ltd.

CE marking in general (excluding construction products) The CE marking poses and answers one simple question: - does this production meet regulatory requirements (= is this product ‘safe’)? The presence of the CE marking provides the answer “Yes, in principle”. Adam Pinney Consulting Ltd.

How does CE marking work? Directives set Essential Requirements on products = regulatory requirements identical in all Member States. Examples for electrical products: - Persons and domestic animals are protected against the danger of injury caused by direct or indirect contact. - The insulation must be suitable for foreseeable conditions. Examples for Personal Protective Equipment: - PPE must not adversely affect user hygiene or health. - PPE protecting part of the body against static compressive stress must be sufficient to prevent serious injury or chronic complaints. Compliance with (relevant) Essential Requirements is compulsory. Adam Pinney Consulting Ltd.

The route to CE marking Two routes to CE marking: - direct compliance with ERs (risk assessment), - compliance with a harmonised EN (EN remains voluntary). Manufacturer chooses the Attestation of Conformity (AoC) system, where the directive gives a choice. Manufacturer applies chosen AoC system (possibly involving a third party Notified Body). Manufacturer draws up and signs Declaration of Conformity (DoC). Signature of the DoC allows to be applied to the product. Adam Pinney Consulting Ltd.

CE marking of construction products Most regulatory requirements in Member States apply to construction works, not directly to construction products. Regulatory requirements on works are not the same throughout EU Member States! Adam Pinney Consulting Ltd.

Regulatory “envelope” Seven Basic Works Requirements (BWRs) in the CPR: 1)mechanical resistance and stability, 2)safety in case of fire, 3)hygiene, health and the environment, 4)safety and accessibility in use, 5)protection against noise, 6)energy economy and heat retention, 7)sustainable use of natural resources. Member States are limited in their regulations to the seven BWRs, but they are not obliged to regulate against all BWRs for all works or types of works, nor to regulate at the same level for all works.

CE marking of construction products The same question, “Does this product meet regulatory requirements?” cannot, in general, be asked or answered. The question for construction products is, therefore: “What are the performance levels of this product?” CE marking of a construction product therefore means: “You can presume that the declared performance levels of this product are correct.” The decision on whether a construction product allows the works to meet the applicable BWRs belongs to someone else: designer, architect, etc., not to the product manufacturer.

CE marking examples Construction product AnyCo Ltd, PO Box 21, Any Town CPR EN mm mineral wool for use in buildings Reaction to fire: Class A2-s1, d0, fully exposed Thermal conductivity: 0,04 W/mK Flexural tensile strength: NPD Electrical product

Some myths about CE marking CE marking applies only to products for export: Wrong! CE marking is required even for products made and sold in the same Member State. CE marking means “Fit for every purpose”: Wrong! CE marking is not a quality mark: To discuss! CE marking is applied equally to the highest performing products and to the lowest performing. CE marking means “Check everything”: Wrong! But this might be good advice! Adam Pinney Consulting Ltd.

The effects of the CPR The CPR does not (in general) introduce new regulatory requirements, either on construction works or on construction products. Manufacturers have always had to assess the performance of their products appropriately for their intended market(s). The CPR has, however, cut the ways of demonstrating product performance to one single route. Adam Pinney Consulting Ltd.

Conclusions for CE marked construction products CE marking of construction products is not the same as CE marking of any other products. CE marking does not mean “safe” or even “meets regulatory requirements”. CE marking of construction products can appear complicated, but in fact isn’t, once the basic principles and responsibilities are known! Adam Pinney Consulting Ltd.

My dream: Dr. Pinney, retired, having fun, temperature -12 o C... Adam Pinney Consulting Ltd.