EEA EFTA Comment on regulatory framework for construction products

In their comment, the EEA EFTA States refer to the European Commission’s Implementation Report, published on 7 July 2016, as well as the sectoral fitness check planned for 2017, which will evaluate the coherence of EU legislation applicable to the construction sector. The aim of the comment is to highlight certain key elements at an early stage.

The complexity resulting from overlapping legislation poses a challenge to both businesses and regulatory authorities. For example, Ecodesign requirements applicable to construction products emanate from several legislative acts. For that reason, in the EEA EFTA States’ view, the lack of cohesion between the CPR and the regulatory framework for Ecodesign should be an important focus for the upcoming fitness check.

The comment also addresses a specificity of the CPR, namely that the use of the CE marking is mandatory throughout the EEA for a construction product covered by a harmonised standard (hEN) or European Technical Assessment (ETA). In principle, the EEA EFTA States support the use of mandatory, harmonised standards. However, the current system is burdensome and too complicated for small and medium-sized enterprises. Therefore, the comment calls for the full use of the CPR’s well-functioning compensating mechanisms, such as the possibility to derogate from the obligation to draw up a Declaration of Performance (Article 5) and the use of simplified procedures (Articles 37 and 38).

Links:
EEA EFTA Comment on the regulatory framework for construction products and the implementation of Regulation (EU) No 305/2011 on Construction Products