The new regulation for products for use in the construction industry- CE-Labelling and performance declaration
The new European regulations for products used in the construction industry came into effect in July 2013. These replace the directive for products used in the construction industry, which previously formed the legal basis for CE-Labelling. Thus an implementation into national law is not necessary. The German version of the complete text of these regulations (known as Bau PVO) is available in the EUR-Lex under BauPVO 305/2011 9th March 2011.
What has changed?
The most important difference to the previous directive is the provision of a new uniform information format, which will be known as the performance declaration. This performance declaration contains a list of all the relevant properties of products for their respective designated uses. On the basis of this performance declaration the manufacturer issues the CE-Label. The Europe-wide obligation of the manufacturers to supply information about dangerous contents is also new.
The basic requirement, that the CE-Label –this consists of the pictogram “CE” followed by supplementary details and performance values- should if possible remain permanently on the product itself, or if that is not possible, on the packaging or on the documentation accompanying the product such as the leaflet containing information and instruction for use.. The number of the performance declaration is also new. This performance declaration number is chosen by the manufacturer. Using this DoP number on the CE-Label business people, planners and end-users will be able to assign a product to the detailed performance declaration of the manufacturer.
In the case of testing and evaluating the consistent performance of the products notified third parties are to be involved according to attachment V of the BauPVO. All third parties who have been notified under BauPVO have been accredited for professional capability and official requirements and proven this notification with a code number issued by the DIBt.
Instead of the EU-conformity declaration, whichwas previously valid, from now on a performance declaration in accordance with BauPVO will be required from the manufacturer. This performance declaration is of all property values for the relevant areas of use. Which property values are relevant in the individual case are determined in the particular product norm. If no requirements for particular characteristics are demanded at national level, the manufacturer may forgo this proof of performance and may instead enter the letters”NPD” ( No Performance Determined) in the relevant position of the performance declaration. The signature of the person responsible guarantees the jurisdiction and so the responsibility for the compliance with the declared performance values for the end-user.
Example: Performance declaration for clay pavers in accordance with EN 1344
Where can you find this information?
Printed and accompanying the product or electronically as a fax or email accompanying each delivery. The performance declaration can be found either printed as a label, as a leaflet accompanying the product, as an attachment to the order confirmation or as an attachment to the delivery order. The particular performance declaration, appropriately signed, is retained by the manufacturer in the case of the client requesting the performance declaration in a printed format.
The manufacturer can make the performance declaration available electronically (email, email with a link to DoP, CD, USB or fax). A printed version will also be made available at the express wish of the purchaser. In the case of a batch delivery of the same products to a single purchaser only one copy of the performance declaration need be handed over.
The immediate partner is responsible for the provision of the performance declaration. This means that if the products are purchased in a construction materials supplier’s premises, the supplier is responsible for the handover of the performance declaration. If construction materials are sold outside the German-speaking areas, the importer, whether manufacturer or trading partner, is responsible for the provision of the performance declaration at the place where the products will be used in the appropriate language.
On the manufacturer’s website
In the rare case of the performance declaration getting lost in transit many manufacturers will have a copy of said declaration as a PDF document ready for download on their website. Businesses, planners and end-users can enter the number in the CE-Label on the manufacturer’s website and download, store or print off the declaration.
On internet data banks
Several manufacturers have already made their performance declarations available on the European Internet Forum DoPCAPr. DoPCAP is the abbreviation for Declaration of Performance/Common Access Point . DoPCAP is an initiative of those manufacturers of construction materials who sell on the European market. Businesses, planners and end-users can access the information easily on the website www.dopcap.eu by entering the number in the CE-Label on the performance declaration and can then store or print it off. The use of DoUCAP by end-users of construction materials is free of charge and does not require any registration.
Notified Third Parties
In accordance with attachment V of the BauPVO notified third parties are to be involved in the system of testing and evaluating the consistent performance of the products. All third parties who have been notified under BauPVO have been accredited for professional capability and official requirements and proven this with a notification with a code number issued by the DIBt. A list of the currently notified third parties for the relevant products can be found in the NANDO-list.
Product Contact Points
Because of the obligation to provide information data on products manufacturers, planners and end-users have from now on the possibility to inform themselves about national requirements for the use of construction materials. These information sheets contain the addresses of the relevant national authorities and possibilities to file complaints relating to a particular product. This is not only relevant to construction supervision but also to the specifications relating to health and safety, environmental protection etc. In Germany the Federal Agency for Material Research and Testing (BAM) has taken over the responsibility for national product information. Enquires are to be sent via email. BAM has committed to answering such enquiries within 15 days and free of charge.
Address: Bundesanstalt für Materialforschung und Prüfung, Unter den Eichen 87, 12205 Berlin, Telephone +49 3081043702; email: firstname.lastname@example.org
A list of the product contact points in the other member states has been published by the European Union: Product Contact Points.
May CE-labelled construction products be used without restrictions?
No, the CE-labelling or the performance declaration do not certify that the manufacturer has necessarily fulfilled the national specifications for the use of construction materials in building work. The harmonized European norms are published in the European Union Gazette together with the dates of first usage and the time-limit of coexistence. The currently valid list of the harmonized European norms is published in the relevant Gazette in Row C ( e.g. C/186 28.6.2013).
The regulisation authority for the determing of specifications in construction and therefore in the use of construction materials continues to remain with the EU member state In Germany these specifications are detailed in the Building Rules List and the Sample List for technical construction regulations and made legally binding in the Federal States Building Law. Refer also to Bauregelliste/Technische Baubestimmungen (building law/ building specifications)
Clay Pavers according to EN 1344
Clay Pavers according to EN 1344 are published in the list of harmonized European norms in the European Union Gazette in row C (re C/186 28.6.2013). Because paving has no relevance to building law, neither a publication of these products in the Building Rules List B Part 1 nor any mention of rules for the application of these products in the Sample List of the Technical Building specifications was ever effected. Clay Pavers according to DIN 18503:2003-12 comply with extra specifications as regards permeability and bulk density.