From CPD to CPR

Yannick Le Tallec

Chair of SH02 – Fire Sector Group

Content

• Dates

• Evolution from CPD to CPR

• The systems

• The Technical ‘’tools’’

• Simplified procedures

• Notifying authorities and notified bodies

• Other articles of the CPR

Dates

• Revision started in May 2008

• Text of the CPR adopted by the Parliament

January 18th 2011

• Adoption by the European Council

February 28th 2011

• CPR will come into force 20 days after publication on

OJEU

• CPD withdrawn on June 30th 2013

Preparation period

20 days after publication :

• Notifying authorities and notified bodies (art 39

to 54)

• Technical assessment bodies (TABs) (art. 29 to 38

and annex IV)

• Standing Committee on Construction is

confirmed in its tasks (art. 64) to assist the

Commission

Evolution : from CPD to CPR (1/4)

Directive to Regulation :

‘’No more’’ national transposition

CE marking mandatory in the EU

Corner stone of the system :

The declaration of performance (annex III of the CPR)

Application of the CPR

The basic requirements are only

applicable if they are requirements in

the national regulations.

The product (under the CPR) shall

conform with the characteristics

declared in the declaration of

performance.

Evolution: From CPD to CPR (2/4)

Modifications in the vocabulary in order to differentiate

clearly with ‘’New approach’’

becomes

• Essential requirements

• Declaration of conformity

• Basic requirements

• Declaration of performance

Evolution: From CPD to CPR (3/4)

• Basic requirements

• Essential characteristics:characteristics of the construction

product which relate to the basic

requirements for construction works

• Performance of the

product

Evolution: From CPD to CPR (4/4)

CPD CPR

1- Mechanical resistance and stability 1- Mechanical resistance and stability

2- Safety in case of fire 2- Safety in case of fire

3- Hygiene, health and the

environment

3- Hygiene, health and the environment

throughout the life cycle + safety of

workers

4- Safety in use 4- Safety and accessibility in use

5- Protection against noise 5- Protection against noise

6-Energy economy and heat retention 6-Energy economy and heat retention

Energy efficiency of construction work

during construction and dismantling

7-Sustainable use of natural resources

From 6 Essential requirements to 7 basic requirements

The Systems

For Assessment and verification of constancy of

the performance

• System 1+

• System 1

• System 2+

• System 3

• System 4

System 2 no longuer exists

The ‘’Technical’’ tools (1/2)

• Harmonised Technical specification

– Harmonised standard (art. 17) or

– European Assessment Document (art. 19 and 20) (EAD)

• European Technical Assessment (ETA)

• Appropriate Technical Documentation :

– Simplified procedures (chap VI): Evaluation of

performance using alternative methods

The ‘’Technical’’ tools (2/2)

CPD CPR

ETAG adopted => CE+ETA mandatory

(in France – not the case everywhere)

ETA(new) voluntary decision of the

manufacturer

CUAP (CDP art. 9.2) voluntary If ETA(new) delivered then CE

marking mandatory

ETA => fitness for use for all relevant

characteristics

ETA(new) => List of essential

characteristics relevant for the

intended use (to be agreed between the

manufacturer and TAB)

ETA => validity 5 years ETA => no validity date

Simplified procedures (1/2)

Choice of the manufacturer:

May replace type testing or type calculation with

appropriate Technical documentation

• From Harmonised Technical specification or

Commission decisions

– Deamed to achieve a certain level

– Classified without testing

– Classified without further testing

• Sharing: (identical product-type) providing authorization from

the ‘’original’’ manufacturer is obtained

• Cascading : (system made of components) providing

authorization from the ‘’original owner of the data’’ is obtained

Simplified procedures (2/2)

• Micro enterprises – Demonstration of compliance with applicable requirements by

means of a Specific Technical Documentation (STD);

– Demonstration of the equivalence of the procedure used with the

procedure laid down in the hEN;

– System 3 can be replaced by system 4.

• Individual or custom made in non-series

products from identified work– Use of specific Technical Documentation with:

• Demonstration of compliance with applicable requirements

• Demonstration of the equivalence of the procedure used with the procedure laid

down in the hEN;

Note for System 1+ and 1: Specific Technical documentation shall be checked by a

notified body.

Notifying authorities (Art. 40 to 42)

• Responsibility of member state (can be

delegated to a non- governmental body).

(art. 40)

• Accreditation : decision from member state –

meaning not mandatory even if reference to

EC regulation n° 765/2008* is made

• Requirements relating to Notifying

authorities (art 41)

*requirements for accreditation and market surveillance relating to the

marketing of products and repealing Regulation (EEC) No 339/93

Notified Bodies (NB) (Art. 43)

• Requirements:

– Established under national laws and have a legal

personality,

– Third party independent from the organisation or the

construction product it assesses: also applies to sub-

contractors of the NB,

– Integrity and technical competence, impartiality,

– Etc.

All the requirements are in relation with

requirements in ‘’accreditation standard’’.

– Participation to standardisation and Notified

coordination groups activities

Specific applications in relation with

NBs (1/2)

Subsidiaries and subcontracting

• Same requirements as for NB apply and

authorities shall be informed

• NB responsible for the tasks undertaken

• NB shall inform the client

Specific applications in relation with

NBs (2/2)

Use of facilities outside the NB’s testing

laboratory

• On request of the manufacturer and where justified

by technical, economic or logistic reasons

• Always under the supervision of the NB

• Either in the manufacturing plant or in an external laboratory

• NB shall verify the equipment, the calibration and traceability

of the measurements and that quality of test results is

ensured

In such case the NB shall be specifically

designated as competent to work away from

its own facilities

Operational obligation for notified

bodies (Art. 52)

• Task carried out in accordance with

assessment system;

• Task carried out with transparency as

regards the manufacturer;

• Initial inspection or surveillance inspection

can lead to requirements of corrective

measures to be taken >> certificate can not

be issued if corrective measures not

satisfying;

• Restriction, suspension or withdrawal of

certificate when corrective actions not taken.

OTHER ARTICLES IN THE CPR

Level of performances and classes

Art. 27 linked with Art. 60 delegated acts

• Established by the Commission in relation with

the essential characteristics;

• European Standardisation shall use the classes

defined in hENs;

• CEN shall (when provided for in relevant mandate) established

harmonised standard with threshold levels

• TABs shall use classes set up by CEN

• Deem to satisfy, CWFT, CWT (by EC)

The derogations (Art. 5)(In absence of Union or national provisions requiring a declaration of performance)

• Individually manufactured or custom-made

in non-series products and installed in a

single identified construction work

• Product manufactured on site: in relation

with safe execution of work

• Product manufactured in a traditional

manner or in a manner appropriate to

heritage conservation

Obligation of economic operators

(Chap III – Art. 11 to 16)

Not only Manufacturers are concerned but also:

– Authorised representatives (drawing up of

technical documentation outside its mandate);

– Importers (responsible for verification of

constancy of performance);

– Distributors

Importers and distributors putting the

product on the market on their own

name are equivalent to manufacturer

Product contact point (Art. 10)

• One per member state

• Information on national requirements /

regulation; remedies procedure

• Rules defined in Regulation EC n° 764/2008

articles 9 and 10

Market surveillance and safeguard

procedures (Chap. VIII)

• At national level:

– Product presenting risk (EC regulation 765/2008);

– Requirement for appropriate corrective actions (to the

manufacturer)

– Information to the commission (when non-compliance not limited

to National territory)

• At EU level:

– Union safeguard procedure

• Other cases:

– Product complying but nevertheless presenting a risk for health

and safety,

– Formal non-compliance (Declaration of performance, CE

marking..)

Thank you for your attention