Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Construction Products Directive 89/106/EEC Adriana Čegec Ministry of the Economy of the Republic of Slovenia

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ I. The impact of new construction products legislation in Macedonia

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Goal - t o eliminate barriers to trade Construction products may be placed on the market only if they are fit for the intended use Construction products are considered fit for use, if they comply with the technical specifications on the basis of the Construction Products Directive and if they bear CE marking Member States may not hinder the free movement and use of such construction products.

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Obligation and rights of Member States Regulations for works are still in national competence of Member States. Member States may have different levels of protection or different climatic conditions. Member States may determine the performance level also to be observed in their territory only within the classification adopted at community level and only subject to the use of all or some or one class. II.11

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ CPD transposition and implementation National legislation / regulation Adoption of harmonised european standards Approved bodies: Certification bodies,inspection bodies and testing laboratories Member States shall indicate the products which fall within the competence of the bodies and laboratories and the nature of the tasks to be assigned to them. European Technical Approval body Market surveilance

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ CPD - RESPONSIBILITY regulations Public responsibility : policies, Proposals :Mandates Decisions National EC Market Surveillance Safeguard Clause SCC MS regulations technical specifications Private responsibility : attestation of conformity CE-Marking Producers CE-Marking MandateshEN, ETA The product is placed on the market CEN EOTA Market NB Attestation of conformity NOTIFICATION

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Producer The PRODUCER IS FULLY RESPONSIBLE for the The PRODUCER IS FULLY RESPONSIBLE for the attestation that products are in conformity with the attestation that products are in conformity with the requirements of a technical specification requirements of a technical specification The involvement of a third party, even to provide an EC The involvement of a third party, even to provide an EC certificate of conformity, does not relieve the producer certificate of conformity, does not relieve the producer from ANY of his obligations from ANY of his obligations However, under the CPD, responsibility for certain However, under the CPD, responsibility for certain actions is given to a third party for all systems of actions is given to a third party for all systems of attestation of conformity, except system 4 attestation of conformity, except system 4

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Producer Whether or not there is a third party intervention in attestation of conformity, ALL the tests and procedures required by the CPD and the technical specifications MUST be performed and documented correctly; Whether or not there is a third party intervention in attestation of conformity, ALL the tests and procedures required by the CPD and the technical specifications MUST be performed and documented correctly; The documentation shall be available for notifying and surveillance authorities. The documentation shall be available for notifying and surveillance authorities.

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ The market surveillance Member States must nominate or establish authorities to be responsible for market surveillance. These authorities need to have the necessary resources and powers for their surveillance activities, ensure technical competence and professional integrity of their personnel, and act in an independent and non-discriminatory way, respecting the principle of proportionality

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ The market surveillance Market surveillance is the essential tool for the enforcement of the New Approach directives Notified Bodies should, basically, be excluded from the responsibility of market surveillance, to avoid possible conflicts of interest

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ The Construction Products Directive - Who is concerned? Legislative Authorities Standardizers Manufacturers Consulting Arch & Eng Contractors Notified bodies Approval bodies Surveillance authorities

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Working group on CPD Stakeholders have different needs and objectives. Participants of WG should identify their benefits Participation of experts on voluntary basis Industry and trade participate through chambers

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ II. Technical specifications in the frame of Construction Products Directive

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ CPD PRINCIPLE Harmonized technical specification Essential Requirements CPD Construction Product

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Technical specifications Harmonised European standards (hEN) European technical approvals (ETA) (recognised national standard)

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Mandates Commission Mandates are given, after consultations with MSs, to: CEN for hENs EOTA for ETAGs ETAs

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ European harmonised standards adopted by the European standardisation bodies (CEN and/or CENELEC) acting on a mandate from the Commission and following consultations with the Standing Committee on Construction

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ European harmonised standard (hEN) Voluntary standard EN XXX Conformity Requirements CE Annex ZA

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Anex ZA ZA. 1 Scope and relevant characteristics ZA.2 System of attestation of conformity ZA.3 CE Marking and labelling

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ European harmonised standard

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ European harmonised standard

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ European technical approval ETA a system to assess the suitability of a product for its intended use in cases: where there is no harmonised standard, no recognised national standard and no mandate for a European standard and where the Commission feels, after consulting the Member States within the Standing Committee on Construction, that a standard cannot or cannot yet be prepared where product deviates from the standards

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ ETA on the basis of a European Technical Approval Guideline (ETAG) : several manufacturers many applications expected ETA without guideline (art. 9.2) based on a Common Understanding (of the approval Bodies) on the Assessment Procedure (CUAP) one manufacturer reduced number of applications expected The types of ETAs

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Published ETAG ETAG 001 Metal Anchors for Use in Concrete ETAG 002 Structural Sealant Glazing Systems ETAG 003 Internal Partition Kits ETAG 004 External Thermal Insulation Composite Systems with Rendering ETAG 005 Liquid Applied Roof Waterproofing Kits ETAG 006 Systems of Mechanically Fastened Flexible Roof Waterproofing Membranes ETAG 007 Timber Frame Building Kits ETAG 008 Prefabricated Stair Kits …… ETAG 018 Fire protective products

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Relation between ETAs and hENs hENs - General specifications - Applicable for a whole range of products - Reflects the market situation on a larger scale - Cover mostly building materials -Represent the state of the art ETAs - Individual specifications - Tailor-made, unique - Responds to specific market needs - Cover mostly composite systems (kits) - Assist innovation

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ (33 for ETAG) TRANSITIONAL PERIOD Publication of the standard by CEN (stage 64) Conversion in national standards (CEN-rule) Publication in the Official Journal t (Months) CE-marking Possible Dapp CE-marking Mandatory DOW

Approximation of legislation to the internal market acquis An EU funded project managed by European Agency for Reconstruction Directive 89/106/EEC on Construction Products Skopje, 25./ Thank you for your attention!