This news article was originally written in Spanish. It has been automatically translated for your convenience. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace a human translator. The original article in Spanish can be viewed at Nuevo Reglamento Europeo de Productos de Construcción

Evolution (and no Revolution)

New European Regulation of Products of Construction

Alejandro López Vidal, Industrial Engineer – Structural Technical Manager and Sustainability in Andece (National Association of the Industry of the Prefabricated of Concrete)

25/07/2013

From the past 1 July, the Regulation 305/2011 of the European Parliament and of the Council (from now on RPC) substitutes to the Directive 89/106/CEE (from now on DPC), that has constituted the legal base for the commercialisation of products of construction inside the Economic Space European during more than two decades. The entrance in force of the new regulation is very important no only for the manufacturers, but also for the rest of agents that take part in the process constructive, like steerings facultativas, constructors, organisms notified, administrative authorities attendants to look after the correct fulfillment of the valid regulation, etc.

Article 66.1. It is key in the implementation of the PRC since it indicates that "Shall be deemed conforming to this regulation of construction products introduced on the market in accordance with the DPC before the 1 July 2013", being clear that all products that already have CE marking before July 1, can adapt a priori to the new regulatory requirements, but with a number of nuances that we will be highlighting.

Alejandro Vidal López, Industrial Engineer - responsible for technical structural and sustainability in Andece (Association national of the industry of prefabricated of concrete).

Another important aspect is the difference in the legal nature of the rules against the directive. The regulation is immediately applicable in national law, without the need for transposition. She was this not the case with the directive, by what still was not implemented in four European countries (United Kingdom, Ireland, Finland and Sweden) that during the last few months they have been forced to implement all the necessary mechanisms to adapt to the new scenario.

In any case, both the PRC and the DPC are referenced in harmonized standards for the technical implementation of its principles, being defined in both cases the harmonised conditions for the marketing of construction products. The RPC picks up some for all policy developments that have taken place during the term of the DPC, mainly with the experience acquired from the progressive entry of products with CE marking in recent years.

Main aspects of the regulation

1. The statement of benefits: a new document

It is possibly the key element that introduces the new RPC. Consists of a Declaration on the intended purpose and features of the construction product and which replaces the EC declaration of conformity, the manufacturer assumed until now that it complied with the provisions in the / annex/s ZA of the / s corresponding standard/s / s, authorizing him to put the CE mark on your product/s.

When was it issued?

When a construction product is covered by a harmonised standard or a European technical assessment has been issued for it.

Possible exemptions?

1) product construction manufactured by unit or custom-made, not in series, in response to a request specific and installed in a particular unique work, under the responsibility of who has been designated as responsible for the safety of the execution of the work;

(2) building product manufactured in their own work;

(3) products 'traditional' (historic-artistic restoration, protected works, etc.).

(4) use of simplified procedures: it establishes the principle that the harmonized standards will provide, where appropriate and without prejudice to the accuracy, reliability and stability of the results, less onerous tests methods for the evaluation of the performance of products of construction with respect to their essential characteristics. These procedures called 'Specific technical documentation' can be applied in micro-enterprises (less than 10 employees and annual turnover equal to or less than 2 M) in products whose system of conformity assessment is 3 or 4.

Manufacturer management: how to determine the number of benefits statements to issue

Up to an hour, the manufacturer issued an EC declaration of conformity. With the Declaration of performance, can be from a single declaration for each harmonized standard (grouping all types of product standard object) to more specific product declarations (distinguishing them by dimensions, resistance property of concrete or any other parameter likely to classify different standard products).

Delivery of the statement of benefits

The possibility to deliver it by electronic means (e.g. via email, access to an electronic database, etc.), open provided there is consent between the parties. This possibility opens up a very interesting way to significantly reduce the amount of regular papers of any supply of material to a work.

Figure 1: Example of Declaration of performance elements for prefabricated concrete walls

2. Sustainable use of natural resources: a new essential requirement

The six essential requirements that must meet the construction works relating to safety and habitability, adds a new one: the sustainable use of natural resources and that arises to promote recyclability, durability or the use of raw materials and secondary materials that support from the environmental point of view.

It remains to define how is going to materialize this new requirement within the harmonised standards. A good example will constitute it data obtained by application of the environmental product declarations, once available and in which industrial sectors are currently at an early stage of policy development.

Figure 2: Estimated scheme of prefabricated products of concrete environmental declaration

3. Other obligations of the manufacturers and other agents

In aspects such as traceability, instructions for use and safety, etc. Manufacturers who consider or have reason to believe that a product of construction which have been introduced in the market is not in conformity with the Declaration of performance or non-compliance with other requirements of the RPC, shall immediately take corrective measures to do so as, withdrawn from the market, or recover it, if necessary.

In any case, significant variations with the DPC are not appreciated, but it remains to be seen how to implement these measures in the product standards.

In addition, defined the competences of other possible economic agents: authorized representatives (article 12), importers (article 13) and distributors (articulo14).

4. Establishment of contact points

According to article 10, Member States have the obligation to create a points of contact, in order to ensure the accessibility of national technical regulations so that companies can gather reliable and precise information about the legislation in force in the Member State which wish to introduce in the market or market their products.

In the case of Spain, in principle will be the General Sub-Directorate of inspection, certification and technical assistance of the trade Exterior, the Directorate-General of trade and investment of the State of Commerce's Secretary of economy and competitiveness.