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First quarterly Newsletter: Construction products

Legal Acts in the EU in the area of technical harmonization: adopted or proposed during the last quarter


    Construction products




-  ongoing discussions
-  Celex No.: 52008PC0311

The text is available on the following websites: >.>.>.>

The description of the agenda, aims and benefits:
Following a wide consultation of stakeholders and an impact assessment, the Commission, within its Better Regulation/Simplification programme, proposes replacing Council Directive 89/106/EEC by a Regulation with the aim to better define the objectives of Community legislation and make its implementation easier by providing some simplified mechanisms especially addressed to alleviate the administrative burden for enterprises and, in particular, for SMEs.

The objective of the Construction Products Directive (89/106/EEC), referred to hereafter as the CPD, is to ensure free circulation and use of construction products in the Internal Market.

In October 2005, the Commission launched a three year rolling programme for simplification as part of its Better Regulation: Simplification Strategy. The aim is to make legislation less burdensome, easier to apply and thus more effective, while also preserving EU policy objectives. Simplification of the CPD is one of the initiatives under this Strategy, with the aim being “to clarify and reduce the administrative burden of the CPD, in particular for SMEs, through increased flexibility in the formulation and use of technical specifications, lighter certification rules, and the elimination of the implementation obstacles that so far have hampered the creation of a full internal market for construction products”.

The main goal of this Proposal is to:

  • clarify the current problematic issues in the construction sector (the current situation - confusion as to the meaning of the CE marking under current Directive, concerns over the functioning, neutrality, competence and transparency of certain Approval Bodies; confusion regarding the significance, meaning and content of harmonised European standards; unnecessary burden for the manufacturers caused by imprecise application of the Attestation of Conformity procedures),
  • reduce the administrative burdens for manufacturers, in particular for SMEs,
  • ensure free marketing of construction products,
  • remove the barriers to trade.

Difficulties and disputed points:

  • Declaration of performance – defining the conditions under which the producer should be obliged to draw up the Declaration of performance (which is the only means available for bringing forward the information about thr product's performance), deciding what information should be obligatory to declare, CE marking – clarifying the meaning of the CE marking for construction products, the relationship between the CE marking attached under CPR and CE marking under other Community harmonisation legislation, coexistence between the CE marking and voluntary markings,
  • EADs (European Assessment Documents) – necessity to define these new documents (which replace CUAPs and ETAGs), the process for their adoption (terms, involvement of the EC in this process, content and publication of EADs),
  • hENs – clarifying the concept and role of hENs under CPR
  • simplified procedure for microenterprises, individually manufactured products etc. - disputes whether there should be any simplified procedures based on the size of a company; necessiy to decide when and how to apply the simplified procedures.
  • involvment and duties of the Standing Committee on Construction under CPR,
  • Product Contact Points – defining its status and duties
  • involvment/mentioning of a “user” and its duties under CPR

Time sequence:

23. 5. 2008

Adoption by Commission

23. 5. 2008

Transmission to Council and to EP

13. 6. 2008

WP during the SI PRES

18. 7., 2. 9., 6. 11., 18. 11., and 10. 12. 2008

WP during the FR PRES

12. 1., 26. 1., 6. 2., 16. 2., 23. 2., 2. 3., 16. and 17. 3., 27. 3., 24. 4., 11. 5., 8. 6. and 23. 6. 2009

WP during the CZ PRES

15. 7., 24. 7., 15. and 16. 9., 30. 9., 13. 10., 23. 10., 10. and 11. 11., 18. 11., 1. 12. 2009

WP during the SE PRES

15. 1., 28. 1. 2010

WP during the ES PRES

4. 2., 17. and 18. 2., 3. 3., 5. 3., 17. 3., 24. 3., 15. 4., 29. 4., 5. 5., 25. and 26. 5. 2010

Expected meetings during the ES PRES

25. 2. 2009

European Economic and Social Committee Opinion

24. 4. 2009

EP opinion 1st reading

20. 10. 2009

Commission position on EP amendments on 1st reading

24. 4. 2009;

Adoption amended proposal

21. 10. 2009

Transmission amended proposal to Council and to EP


WP Jurists/Linguists


Approval – Council


Signature by EP and Council


Published in OJ EU

Entry into force:

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

However, Articles 3 to 21, 26, 27 and 28, Articles 46 to 50, 52 and 53 as well as Annexes I, II, III and V shall apply from 1 July 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Related documents:
European Parliament – The Legislative Observatory

PreLex – Monitoring of the decision-making process between institutions

Opinion of the European Economic and Social Committee