Construction products

The ‘Construction Products Directive’ aims to ensure the free movement of all construction products within the Union by introducing a common technical language, consisting of harmonised standards and European technical approvals, in which manufacturers can express the performance of the products that they place on the market.

ACT

Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products [See amending acts].

SUMMARY

Scope

Directive 89/106/EEC applies to construction products, i.e. any products produced with a view to their incorporation in a permanent manner in construction works.

Essential requirements of works

Construction products are placed on the market by expressing their performance in relation to a number of characteristics which have an influence on the essential requirements of works. In this regard, they must be such that works in which they are incorporated satisfy, for an economically reasonable working life, the essential requirements with regard to mechanical strength and stability, safety in the event of fire, hygiene, health and the environment, safety in use, protection against noise and energy economy and heat retention. These essential requirements are defined in Annex I to the Directive.

The essential requirements are defined in the first instance in interpretative documents drawn up by technical committees and are then elaborated further in the form of technical specifications *. The latter may be based on:

harmonised European standards * adopted by the European standardisation bodies (CEN and/or CENELEC), further to mandates issued by the Commission, following consultations with the Standing Committee on Construction;
a system of European technical approvals 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. The Commission feels, after consulting the Member States within the Standing Committee on Construction, that a standard cannot or cannot yet be prepared. In order to facilitate this task, the European Organisation of Technical Approvals (EOTA), which groups together the national approvals bodies, would be in a position to draw up technical approvals guidelines in respect of a construction product or family of construction products, acting on a mandate from the Commission and after consulting the Standing Committee on Construction.

In the absence of a European standard or a technical approval, construction products may continue to be assessed and marketed in accordance with existing national provisions.

CE marking

Only construction products that comply with the national standards transposing the harmonised standards into a European technical approval or, in the absence of such approvals, into national technical specifications approved by the Standing Committee on Construction are eligible to bear the “CE” marking.

Attestation of conformity

It is up to the manufacturers or their representatives established in the Community to attest, either on the basis of their own resources or through an approved certification body, that their products conform with the requirements of a technical specification in keeping with the attestation of conformity procedures set out in the Directive. These procedures should be stipulated by decision of the Commission following a favourable opinion of the Standing Committee on Construction, in accordance with the special characteristics of a particular product or group of products.

Safeguard clause

Products which have been declared to conform with the Directive but which pose a health and safety threat may be temporarily withdrawn from the market by the Member States. Where the threat is attributable to the technical specifications, to their application or to omissions inherent therein, the Commission will decide, after consulting the Standing Committee on Construction, whether the European or national technical specification should or should not continue to enjoy presumption of conformity.

Annexes

The Annexes to the Directive contain detailed information on:

the essential requirements of works;
European technical approval;
the attestation of conformity with the technical specifications: methods of control, systems of attestation, competent bodies, marking, certificate and EC declaration of conformity;
the certification and inspection bodies and the testing laboratories.

Key terms used in the act

Technical specifications: standards and technical approvals.
Harmonised standards: technical specifications adopted by CEN or CENELEC, or both, on mandates given by the Commission.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 89/106/EEC	27.12.1988	27.6.1991	OJ L 40, 11.2.1989

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 93/68/EEC	2.8.1993	2.8.1993	OJ L 220, 30.8.1993
Regulation (EC) No 1882/2003	20.11.2003	-	OJ L 284, 31.10.2003

RELATED ACTS

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) 311 final - Not published in the Official Journal]. This Proposal aims to replace Council Directive 89/106/EEC with a Regulation containing simplified provisions on construction products.

In particular, it aims to clarify the specific meaning of the ‘CE’ marking and to define more stringent criteria for the designation of Technical Assessment Bodies (TAB) with a view to reinforcing the credibility of the system.

The Proposal also aims to alleviate the administrative burden on enterprises and in particular micro-enterprises seeking ‘CE’ marking.

It defines the obligations of economic operators, particularly in drawing up the technical documentation.

The Proposal also aims to ensure reliable and accurate information on the performance of construction products, by improving the credibility of the standards, but also by laying down new, stricter criteria for notified bodies and by reinforcing the surveillance of the market.

The main objective is to contribute towards harmonising the internal market while contributing towards a sustainable industrial policy.

Commission Communication in the framework of the Council Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products [Official Journal C 290 of 4.12.2007].

See also