Eurofer position paper on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of the construction products COM(2008)0311 – 2008/0098(COD)
ETAs should be reserved only for products, which depart from harmonized standards, that is, for innovative products.
It should not be possible to request a European Technical Assessment (ETA) in the case in which the product is covered by a harmonized standard, in order to avoid a two-speed CE-marking procedure, with difficult comparability of the quality of the assessment. ETAs should be reserved only for products which depart from harmonized standards, that is, for innovative products, meaning any construction product whose performances cannot be assessed within the framework of a harmonised standard.
All products covered by a harmonised technical specification (a harmonised standard or an ETA) should bear the CE marking.
It is essential that all products covered by a harmonised technical specification (a harmonised standard or an ETA) should bear the CE marking. Even in the case when no regulatory requirements related to the essential characteristics of construction products exist, where the manufacturer intends to place the product on the market, he should not be allowed to place such a product on the market without a declaration of performance and without affixing the CE marking, in order to avoid confusion on the market and reinforce credibility of the system.
Due to safety concerns, simplified procedures should not apply in any case of load bearing materials such as reinforcing and prestressing steel for concrete and structural steels.
The majority of steel construction products are closely related to safety, and it is essential that consumers have equal levels of protection particularly for safety purposes whichever procedure for assessment and verification of performance is used. Therefore, simplified procedures should not apply in any case to load bearing materials such as reinforcing and pre-stressing steel for concrete and structural steels.
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable.
The attempt to flesh out the concept of sustainability of construction works in points a) to c) is not helpful. These three requirements fail to do justice to the complexity of sustainability. Deletion of the three requirements would ensure that the concept of 'sustainability' as a whole is enshrined in the regulation and at the same time ensures the freedom of manoeuvre which the bodies specialising in sustainability (e.g. CEN TC 350) need.
In order to ensure effective market surveillance and a high level of consumer protection, simplified procedures should only apply to manufacturing micro-enterprises.
In order to allow effective market surveillance and to ensure a high level of consumer protection, simplified procedures for drawing up declarations of performance should only apply to manufacturing micro-enterprises. In other cases, it could entail a real risk of allowing products of questionable performance to enter the European market without control.
Necessity of an effective common application of the European market surveillance policy in each Member State.
Effective market surveillance shall be ensured in order to reinforce the credibility of the whole system and to ensure that products placed on the European market comply with the requirements set out in the relevant Community harmonisation legislation. Strengthening and better coordination of market surveillance, by providing the basic conditions for the functioning of such market surveillance, is required to ensure that market surveillance authorities operate properly, in order to prevent and detect irregularities, in addition to react and deal properly with products presenting risk and or irregularities.